Colton City Council
October 6, 2026

City of Colton
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
City of Colton Website
Mayor Frank J. Navarro
Council Members:

David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. González – District 3
John R. Echevarria – District 4
City Clerk Isaac T. Suchil
City Treasurer Henry M. Razo
City Manager William R. Smith
City Attorney Carlos Campos
Agenda
City Council
Colton Utility Authority, Colton Public Financing Authority Colton Housing Authority
Regular Meeting
Tuesday, October 6, 2026 – 5:00 PM
City Hall, Council Chambers
Closed Session
5:00 p.m.

Closed Session Called to Order
Roll Call
Public Comment - Closed Session
This is the portion of the meeting specifically set aside to invite your comments regarding Closed Session items. If you wish to address the City Council regarding a Closed Session item, please register to speak using the Public Comment Kiosk before the meeting begins. During the public comment period, the City Clerk will call each speaker by name to approach the podium.

Please begin your public comment by stating your name and your city of residence, then proceed to share the rest of your public comment. You will have a time limit of 3 minutes to complete your public comment; however, the presiding officer does have the authority to exercise discretion to extend or limit time as provided for in the City Council Manual of Procedure. It is important to remember that the Council is prohibited by law from discussing or taking immediate action on items during this public comment period; If any matter does require action, it will be referred to by staff for investigation and any report will be provided at a subsequent Council meeting. If you would like to submit paperwork to the City Council members, you will also need to provide a copy to the City Clerk for the Official Record. provide a copy to the City Clerk for the Official Record. ______________________________________________________________________________

Closed Session
1) Conference with Legal Counsel - Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) One (1) Potential Case
2) Public Employee Appointment
Job Title - City Manager
City Attorney Oral Report on Closed Session Actions
Rules of Decorum
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

Open Session
6:00 P.M.

Open Session Called to Order
Invocation
City Blessing Church – Erfin Hartojo
Flag Salute
Veterans of Foreign Wars (VFW) Member – Bernie Moyeda
Roll Call
Ceremonial Matters
Presentations, Awards, Proclamations
• Recognition - Military Career Retirement (31 years), U.S. Air Force Chief Master Sergeant Isabel Contreras
• Recognition - Colton PD Lt. Robert Wilson - FBI Training Completion • Proclamation - Water and Power Professionals Week
_____________________________________________________________________________________

Mayor and Council Items
Gift Disclosures
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the City Council, any Council Member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city (CMC Section 2.04.030).

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

Appointments
Mayor and Council Discussion Items
1) Discussion (CM Gonzalez) - Mylar Balloons and Possible Direction to Staff.

Public Hearings
There are no Public Hearing items.

Business Items
There are no Business items.

Public Comment - Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items or any other general subject. If you wish to address the City Council regarding a Closed Session item, please register to speak using the Public Comment Kiosk before the meeting begins. During the public comment period, the City Clerk will call each speaker by name to approach the podium.

Please begin your public comment by stating your name and your city of residence, then proceed to share the rest of your public comment. You will have a time limit of 3 minutes to complete your public comment; however, the presiding officer does have the authority to exercise discretion to extend or limit time as provided for in the City Council Manual of Procedure. It is important to remember that the Council is prohibited by law from discussing or taking immediate action on items during this public comment period; If any matter does require action, it will be referred to by staff for investigation and any report will be provided at a subsequent Council meeting. If you would like to submit paperwork to the City Council members, you will also need to provide a copy to the City Clerk for the Official Record. _____________________________________________________________________________________

Consent Calendar
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action. 1) Warrants - Approve voucher numbers 228537 to 228650 dated 08/27/2026 and totaling $2,516,973.67; voucher numbers 228651 to 228724 dated 08/31/2026 and totaling $95,915.71; replacement checks 228725 to 228727 totaling $8,100.00; wires dated 09/02/2026 and totaling $5,985,844.28; voucher numbers 228728 to 228811 dated 09/03/2026 and totaling $826,705.86 and voucher numbers 228812 to 228896 dated 09/10/2026 and totaling $353,611.12.

Staff Person: Stacey Dabbs
2) Contract Amendment - Approve Amendment No. 1 for Inter-Con Security Systems Inc. to Increase the Annual Not-to-Exceed Contract Amount.

Staff Person: Anthony Vega
3) Contract Award - Award Professional Services Agreement to Townsend Public Affairs for State and Federal Legislative Advocacy and Infrastructure Funding Support Services, in an Amount Not-to-Exceed $90,000.

Staff Person: Chad Blais
4) Contract Award - Award Professional Services Agreements to CASC Engineering and Kimley Horn, to Provide Continued On-call Environmental Consulting Services 10/6/2026 Through 5/20/2028, in the Amount of $400,000 Each, for a Total of $800,000.

Staff Person: Heidi Duron
5) Contract Award - Award Professional Services Agreement to Bartle Wells Associates to Conduct a Rate Analysis of Water & Sewer Enterprises in the amount of $65,500.00.

Staff Person: Chad Blais
6) Notice of Completion - File Notice of Completion for Community Development Block Grant (CDBG) Colt-25-1-03k-0326 Alley Paving & Sidewalk Improvements Project by Onyx Paving Company, Inc.

Staff Person: Chad Blais
7) Notice of Completion - File and Record Notice of Completion for Asphalt Paving Project by Matich Corporation.

Staff Person: Chad Blais

8) Purchase - Approve the Sole Source Purchase of Electric Metering Security Equipment and Supplies from Inner-Tite Corp., Pursuant to Colton Municipal Code Section 3.08.140(b), in the Amount of $148,818.82.

Staff Person: Tom Miller
9) Resolution - Adopt Resolutions Approving Memoranda of Understanding with the Following Unions and Employee Associations: International Brotherhood of Electrical Workers (IBEW, Water/Waste Water); International Brotherhood of Teamster (MidManagers and General); Colton Police Dispatchers Association (CPDA); Colton Police Civilian Employee Association (CPCEA); Confidential Employees; Executive Group Employees; and, Increase Appropriations as Needed, Respectively, Resolution No. R-86- 26; R-87-26, & R-88-26.

Staff Person: Thomas Cody
10) Resolution - Adopt a Resolution of the City Council of the City of Colton Supporting Proposition 1, the Veterans and Affordable Housing Bond Act of 2026, Resolution No. R92-26.

Staff Person: Dawn Miller
11) Resolution - Amendment of the Conflict-of-Interest Code of the City of Colton Pursuant to the Political Reform Act of 1974, Resolution No. R-85-26.

Staff Person: Stephanie M. Vargas
12) Resolution - Approve and Adopt Resolution Accepting Donation to Improve Batting Cages/Field at Davis Park from the County of San Bernardino, Supervisor Joe Baca Jr.'s Office, Resolution No. R-84-26.

Staff Person: Deb Farrar
_____________________________________________________________________________________ Mayor and Council Oral Reports and Comments
Comments from Mayor and Council on various issues and activities throughout the community.

Comments shall be limited to 5 Minutes per speaker.

City Manager's Reports
Adjournment
_____________________________________________________________________________________

I, Stephanie M. Vargas, the Chief Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted, at least 72 hours prior to the meeting per Government Code 54954(a), at the following locations:

City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov
Procedures for Addressing City Council
For the Official Record, it is requested that you submit your filled out public comment card into the public comment card box before the meeting begins. Once your name is called by the City Clerk you may approach the podium to speak. Please begin your public comment by stating your name and your city of residence; then proceed to share your public comment. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

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

Notice to Public
Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public inspection at the following locations: Office of the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk Office at (909) 370-5001 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk’s Office shall direct inquiries to the appropriate office.

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

In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909-370-5001.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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

Manual of Procedure
The City Council adopted its Manual of Procedure pursuant to Resolution No. R-28-26, with the latest updates being approved on April 7, 2026. Copies are available in the Office of the City Clerk.

How to Participate in Public Comment Remotely
How to Register

1. Go to https://publiccomment.coltonca.gov/ to register to participate in an upcoming City Council meeting using our new remote participation option.

2. Scroll down and click “Register,” then fill out the form.

3. Click on the item(s) that you are interested in speaking about. • If you would like to speak about something that is not related to an item already listed on the agenda select “Consent Calendar item or Non-Agenda Public Comment.”

4. Click “Register,” in order to submit your registration form; you will receive a confirmation email that will provide you with meeting information and instructions on how to call in to participate.

5. On the day of the meeting, you will need to dial the call in phone number and provide the Meeting Code in order to join the meeting.

Helpful Tips:
o Remember that you will only have 3 minutes to speak; if you go over your microphone will go mute.
o Begin by stating your Name and your City of Residence. o Keep in mind that legally the City Council cannot respond or take action on any item that is not already on the agenda.
_________________________________________________________________________________ If you would like to speak during public comment by using our call-in option, you MUST register.

Item: 1.

Staff Report
Meeting Date: October 6, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Stacey Dabbs, Finance Director
Item Name: Warrants - Approve voucher numbers 228537 to 228650 dated 08/27/2026 and totaling $2,516,973.67; voucher numbers 228651 to 228724 dated 08/31/2026 and totaling $95,915.71; replacement checks 228725 to 228727 totaling $8,100.00; wires dated 09/02/2026 and totaling $5,985,844.28; voucher numbers 228728 to 228811 dated 09/03/2026 and totaling $826,705.86 and voucher numbers 228812 to 228896 dated 09/10/2026 and totaling $353,611.12.

Recommended Action:

Approve voucher numbers 228537 to 228650 dated 08/27/2026 and totaling $2,516,973.67; voucher numbers 228651 to 228724 dated 08/31/2026 and totaling $95,915.71; replacement checks 228725 to 228727 totaling $8,100.00; wires dated 09/02/2026 and totaling $5,985,844.28; voucher numbers 228728 to 228811 dated 09/03/2026 and totaling $826,705.86 and voucher numbers 228812 to 228896 dated 09/10/2026 and totaling $353,611.12.

Background:

The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.

Issues/Analysis:

All vouchers and related backup documentation have been reviewed by the Finance Director and City Manager.

Fiscal Impacts:

None.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Fund Number and Title Legend

2. Voucher lists

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

Item: 2.

Staff Report
Meeting Date: October 6, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Anthony Vega, Chief of Police
Item Name: Contract Amendment - Approve Amendment No. 1 for Inter-Con Security Systems Inc. to Increase the Annual Not-to-Exceed Contract Amount.

Recommended Action:

Authorize the City Manager, or designee, to execute Amendment No. 1 to the Agreement with Inter-Con Security Systems, Inc., increasing the not-to-exceed amount from $275,000 to $345,000 for FY2026-27 and to $360,000 for Fiscal Year 2027-28, and to make non-substantive changes as approved by the City Attorney.

Background:

In November 2022, the City entered into an Agreement with Inter-Con Security Systems, Inc. for parking enforcement services. The agreement established an annual amount not-to-exceed (NTE) amount of $275,000.

Since the agreement was awarded, the cost of providing these services has increased dur to changes in labor-related expenses, fuel, employee benefits, and applicable Consumer Price Index (CPI) adjustments. Based on current billing trends and the contractually authorized escalation provisions, projected service costs are expected to exceed the annual not-to-exceed amount.

Amendment No. 1 would increase the annual not-to-exceed amount to $345,000 for Fiscal Year 2026-27 and $360,000 for Fiscal Year 2027-28.

Issues/Analysis:

The existing annual NTE amount of $275,000 was established when the Agreement was awarded in October 2022. Current charges of approximately $28,900 for July 2026 and $27,000 for August 2026 demonstrate that the cost of providing the contracted services has increased since the agreement was executed.

The proposed contract limits account for current billing trends, the contractual escalation scheduled to take effect January 1, 2027, and potential pass-through costs for fuel and employee medical benefits. Increasing the annual not-to-exceed amounts will provide sufficient contract authority for the City to continue receiving parking enforcement services under the existing agreement.

The not-to-exceed amount establishes the maximum compensation authorized under the agreement. It does not require the City to expend the full amount or guarantee a minimum payment to Inter-Con. Actual expenditures will remain limited to services performed and funding appropriated through the City’s budget process.

During the remaining contract term and any authorized extension period(s), staff will continue monitoring actual expenditures and service requirements while conducting due-diligence planning for future solicitations and the City’s long-term approach to providing parkingenforcement services.

Fiscal Impacts:

Sufficient appropriations are available in the Fiscal Year 2026-27 adopted budget in General Fund Police Administration Professional Services Account No. 100-6070-6071-2350-0000-000.

Expenditures in Fiscal Year 2027-28 will be subject to funding appropriated through the applicable annual budget adoption.

Alternatives:

Provide alternative direction to staff.

Attachments:

None

Item: 3.

Staff Report
Meeting Date: October 6, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Contract Award - Award Professional Services Agreement to Townsend Public Affairs for State and Federal Legislative Advocacy and Infrastructure Funding Support Services, in an Amount Not-to-Exceed $90,000.

Recommended Action:

1. Approve a Professional Services Agreement with Townsend Public Affairs (TPA) for State and Federal legislative advocacy and infrastructure funding support services, for an amount not to exceed $90,000 for a one-year term.

2. Authorize the City Manager to execute the Agreement.

Background:

Earlier this year, City staff participated in the California Municipal Utilities Association (CMUA) Capitol Day event and met with State legislators and their staff to discuss the City’s water and wastewater infrastructure needs and potential funding opportunities. These efforts provided the City an opportunity to advocate directly for several priority projects, including the Wastewater Reclamation Facility (WRF) Flare Project and the planned Wastewater Treatment Plant Upgrade Project.

Through these efforts, staff recognized the benefit of having dedicated legislative advocacy for funding support to supplement the City’s existing relationships with its State and Federal representatives. While City staff can effectively communicate the operational needs and importance of these projects, professional advocates are much better suited for navigating the State and Federal budget processes, identifying funding opportunities, maintaining regular communication with legislative and agency staff, and advocating for projects throughout the funding process requires specialized experience and a consistent presence.

The City has several crucial water and wastewater infrastructure needs. The Wastewater

Treatment Plant Upgrade Project is currently estimated at approximately $160 million, while the WRF Flare Project is estimated at approximately $4 million and is fully designed and environmentally cleared. These projects, along with other planned water and wastewater improvements, represent a significant financial investment for the City and any funding the City might be able to receive from professional advocacy efforts helps offset costs to ratepayers.

Issues/Analysis:

Pursuant to Colton Municipal Code Section 3.08.120, staff conducted a competitive solicitation for professional legislative advocacy and government affairs services. Staff solicited proposals from three qualified firms specializing in legislative advocacy, government affairs, and infrastructure funding services.

Each firm was provided information regarding the City’s water and wastewater infrastructure needs, the City’s intent in seeking professional advocacy services, and the services the City was interested in receiving. These services included State and Federal legislative advocacy, infrastructure funding support, State budget appropriations, State Revolving Fund coordination, and regulatory and agency coordination.

Proposals were received from all three firms, as summarized below:

CONSULTANT PROPOSED FEE (Per
Month)

SERVICES PROVIDED
Townsend Public Affairs
(TPA)
$7,500 State and Federal Advocacy
plus grant writing
Samson Advisors $10,000 State legislative, budget, and
administrative advocacy
CA Lobby, LLC & PACE
Government Relations
$15,000 State and Federal Advocacy
Following receipt of the proposals, staff interviewed all three firms to further evaluate their qualifications, experience, proposed approach, and ability to support the City’s legislative and infrastructure funding priorities. Particular consideration was given to each firm’s experience representing public agencies, knowledge of water and wastewater infrastructure funding, ability to advocate at the State and Federal levels, and overall approach to representing the City.

Based on the proposals and interviews, staff determined that TPA provided the best overall combination of services and value to meet the City’s needs. TPA provides both State and Federal legislative advocacy through a single integrated firm and team, with offices in Sacramento and Washington, D.C. This approach provides greater coordination between the City’s State and Federal funding strategies and a single point of responsibility for the City’s legislative advocacy and funding efforts.

TPA’s proposed services include developing a legislative strategy for the City, pursuing State

budget funding opportunities and Federal earmarks, coordinating with the City’s State and Federal legislative delegations, monitoring legislation and regulatory matters, and providing ongoing advocacy and progress reporting. In addition, TPA’s $7,500 monthly retainer includes grant writing and funding support services, providing the City with an additional resource to supplement its existing grant writing efforts.

Staff recommends awarding a Professional Services Agreement to Townsend Public Affairs for a 12-month term in an amount not to exceed $90,000.

Fiscal Impacts:

There are sufficient appropriations available in the FY 2026-27 adopted budget to fund the initial one-year agreement as follows:

Water Utility
521-8100-8101-2350-0000-000 — $45,000
Wastewater Utility
522-8200-8200-2350-0000-000 — $45,000
The total cost of the one-year agreement is not to exceed $90,000, with the cost equally shared between the Water and Wastewater Utilities.

Alternatives:

Provide alternative direction to Staff.

Attachments:

1. PSA - Townsend Public Affairs

2. City of Colton Proposal 6.16.26

(BB&K 2018)
23152.06000\30453088.2 1

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 6th day of October 2026, 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 Townsend Public Affairs, Inc. a Corporation with its principal place of business at 1401 Dove Street, Suite 430 Newport Beach, CA 92660 ("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 Legislative Advocacy and Infrastructure Funding Support services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project; Colton Utility Authority.

City desires to engage Consultant to render such professional Legislative Advocacy consulting services for the State and Federal Legislative Advocacy and Infrastructure Funding Support Services, project ("Project") as set forth in this Agreement. Consultant understands that the City has entered into a Utility System Management Agreement, dated as of September 1, 2000, with the Colton Utility Authority (“CUA”) for the maintenance, management and operation of its Water Enterprise and Wastewater Enterprise (“CUA Management Agreement”). To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, City enters into this Agreement on behalf of the CUA and subject to the terms of the CUA Management Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all the labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Legislative Advocacy and Infrastructure Funding Support 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.

3.1.2 Term. The term of this Agreement shall be from October 6, 2026, to October 30, 2027, unless earlier terminated as provided herein. Consultant shall complete the

(BB&K 2018)
23152.06000\30453088.2 2
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 Agreement and services.

3.2 Fees and Payments.

3.2.1 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 Ninety Thousand Dollars ($90,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 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.

3.2.3 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.

3.2.4 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.

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.”

3.3 Responsibilities of Consultant.

3.3.1 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, 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

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taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 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.

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

3.3.4 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: Christopher Townsend, President & Founder.

3.3.5 City's Representative. The City hereby designates Chad Blais, Public Works & Utility 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 3.2 of this Agreement. Consultant shall not accept directions or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Niccolo De Luca, Vice President & Chief Advocacy Officer, 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.

3.3.7 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.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all

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Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. 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.

3.3.9 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.

3.3.10 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.

3.3.10.1 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

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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 3.3.10 or any of its subsections.

3.3.10.2 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 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 3.3.10.1.

3.3.10.3 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, subsubcontractors or subconsultants to meet any of the requirements provided for in Sections

3.3.10.1 or 3.3.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section

3.3.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.3.10.4 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 non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 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.

3.3.10.5 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 fuelpowered 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.

3.3.10.6 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,

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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.

3.3.11 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.

3.3.11.2 Minimum 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 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: One Million Dollars ($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: One Million Dollars ($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 One Million Dollars ($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.

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3.3.11.3 Professional 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 One Million Dollars ($1,000,000) per claim and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to the limits.

3.3.11.4 Insurance 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 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

3.3.11.2(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 3.3.11.4(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 3.3.11.2(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 3.3.11.4(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

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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.

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

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any 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.

3.3.11.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured 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 shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

3.3.11.7 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.

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

3.3.11.9 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.

3.3.11.10 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.

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3.3.12 Water Quality Management and Compliance.

3.3.12.1 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.

3.3.12.2 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.

3.3.12.3 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.

3.3.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.3.12.2 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 3.3.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

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3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the 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.

3.4.2 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.

3.4.3 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.

3.5 Accounting Records.

3.5.1 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

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from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 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.

3.6.1.2 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.

3.6.1.3 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.

3.6.2 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: Townsend Public Affairs, Inc.
1401 Dove Street, Suite 430
Newport Beach, California 92660
ATTN: Christopher Townsend, President & Founder
City: City of Colton
650 North La Cadena Drive
Colton, California 92324
ATTN: Chad Blais, Public Works & Utility 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.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 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

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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 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.

3.6.3.2 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.

3.6.3.3 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.

3.6.3.4 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.

3.6.3.5 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

(BB&K 2018)
23152.06000\30453088.2 13
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.

3.6.3.6 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 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.

3.6.4 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.

3.6.5 Indemnification.

3.6.5.1 To the fullest extent permitted by law, Consultant shall defend 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.

3.6.5.2 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.

(BB&K 2018)
23152.06000\30453088.2 14

3.6.6 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.

3.6.7 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.

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

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

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

3.6.11 Assignment or Transfer; Colton Utility Authority. 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. To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, Consultant has no right to terminate this Agreement, either with or without cause, based upon the existence or nonexistence of the CUA Management Agreement. Therefore, if the CUA Management Agreement expires or terminates for any reason, Consultant shall remain fully obligated to perform under this Agreement on behalf of the CUA or another third party contracted by the CUA for the maintenance, management and operation of the Water Enterprise and/or Wastewater Enterprise.

3.6.12 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.

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

(BB&K 2018)
23152.06000\30453088.2 15

3.6.14 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.

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

3.6.16 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.

3.6.17 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.

3.6.18 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.

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

3.7 Subcontracting.

3.7.1 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.

(BB&K 2018)
23152.06000\30453088.2 16
[SIGNATURES ON NEXT PAGE]

(BB&K 2018)
23152.06000\30453088.2 17

SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND TOWNSEND
PUBLIC AFFAIRS, INC.

CITY OF COLTON Townsend Public Affairs, Inc. a
Corporation
By: ____________________________ By: _________________________ William Smith Christopher Townsend
City Manager President & Founder
Attest:
____
Isaac T. Suchil
City Clerk
Recommended for Approval:
_________________________
Executive Director
Colton Utility Authority

(BB&K 2018)
23152.06000\30453088.2 Exhibit "A"-1
EXHIBIT "A"

SCOPE OF SERVICES

Proposal for State & Federal Legislative Advocacy & Grant Writing Services | City of Colton Page 7

LEGISLATIVE ADVOCACY SCOPE OF SERVICES
TPA will utilize the following strategic and comprehensive approach to provide state and federal legislative advocacy services to the Department, particularly to advance the construction of a wastewater treatment facility:
• Conduct Detailed Orientation: TPA utilizes a comprehensive onboarding process that includes extensive meetings with various relevant members of Department leadership and key Department departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the Department and is designed for maximum success in the current political climate and funding environment.
• Develop Legislative Strategy: Utilizing the information gathered during the onboarding process, TPA will coordinate with the Department to develop an official legislative platform and strategy representing the Department’s priorities in Sacramento and Washington, DC.

This blueprint will be shared with key stakeholders in the State Legislature and Governor’s Administration, as well as Congress and the President’s Administration. • Implement the Legislative Strategy: TPA will advocate for the Department’s legislative agenda utilizing the following methods:
o Build and Strengthen Relevant Relationships: TPA has cultivated a network of valuable relationships that will be leveraged to promote the Department’s legislative agenda.
o Leverage Relationships for Strategic Advocacy Plan: TPA will engage various techniques to leverage our network of key relationships on behalf of the Department:
 Schedule meetings for the Department to discuss relevant legislation  Prepare all briefing materials and talking points for the Department  Brief legislative offices and stakeholders on the Department’s legislative agenda
 Follow-up on meetings to ensure commitments and deliverables are being met o Coordinate Advocacy Trips: TPA will work with the Department to coordinate advocacy trips to Sacramento and Washington, DC, to meet with the Department’s legislative delegation and legislators who serve on committees relevant to the Department’s agenda. Furthermore, whenever possible, TPA will also schedule legislators' site visits to the Department.

For advocacy trips to Washington, DC, TPA will handle all details of the trip, including, but not limited to:
 Planning and scheduling of meetings
 Providing logistical support, including airport pickups, hotel pickups, and travel to and from meetings
 Providing access to a private office within walking distance to the Hill and with immediate access to the Metro
 Coordinating all meal reservations, including scheduling with key members to attend
 Access to the National Democratic Club
 Access to the Capitol Hill Club (National Republican Club of Capitol Hill)  Organizing any additional activities of interest (White House tour, VIP Capitol Tour, Monument Tour, African American Museum tickets, etc.)

Proposal for State & Federal Legislative Advocacy & Grant Writing Services | City of Colton Page 8

SCOPE OF SERVICES
o Track Legislation: TPA will identify, analyze, and monitor all bill introductions and amendments relevant to the Department’s legislative platform and assess their potential impact on the Department.
o Craft Testimony and Position Letters: TPA will prepare and submit written and verbal testimony regarding legislation relevant to the Department. TPA will also draft and deliver position letters to legislators and key officials on specific bill language. o Draft Bill Language: TPA will draft language and amendments for relevant legislation, as required to protect and promote the Department’s agenda. o Engage in the Rule-Making Process: TPA will coordinate with the Department to engage during the federal rule-making process to ensure the Department’s legislative agenda is being promoted and protected in Washington, DC. Engagement activities will include crafting and publishing public comments and contacting legislators to convey either support or opposition to the proposed rule. o State Budget Funding Opportunities: To maximize state funding, TPA will work with the Department to identify projects and other funding priorities suitable for funding through the State Budget. TPA will coordinate with the Department to develop supporting materials for the budget request, as well as submit the request. TPA will also work with members of the Department’s state legislative delegation, along with the Assembly and Senate Budget Committees, to gain support for the inclusion of the Department’s project in the final State Budget approved by the Legislature. o Federal Earmark Opportunities: To maximize federal funding, TPA will work with the Department to identify projects and other funding priorities that may be suitable for funding through the Federal Earmark process. TPA will coordinate with the Department to develop supporting materials for the earmark request, as well as submit the request. TPA will also work with members of the Department’s federal legislative delegation to gain support for the inclusion of the Department’s project. • Provide Progress Reports: TPA will confer regularly with the Department on our activities and provide timely electronic reports on the status of all legislative activity, such as bill language, amendments, and committee analyses. In addition to written reports, TPA will be available to the Department for conference calls, in-person briefings, and meetings. • Prepare and File Lobbying Disclosure Reports: TPA will prepare and file all applicable state and federal lobbying disclosure reports on behalf of the Department.

Proposal for State & Federal Legislative Advocacy & Grant Writing Services | City of Colton Page 9

GRANT WRITING SCOPE OF SERVICES
TPA will utilize the following strategic and comprehensive approach to provide grant writing services to the Department, particularly to advance the construction of a wastewater treatment facility:
• Craft Strategic Funding Plan: Utilizing the information gathered during the onboarding process, TPA will coordinate with the Department to develop a proactive and comprehensive strategic funding plan that serves the needs of the Department’s priorities. The plan will do more than identify Department projects; it will outline and prioritize multiple funding options for each project and develop a specific work plan tailored to each project. It will also identify key “strings attached” to help assess the cost/benefit ratio for each grant opportunity.
• Identify, Research, and Monitor Grant Funding Opportunities: TPA will utilize list-serve subscription programs, funding workshops, agency canvassing, and other networking tactics to ensure every potential opportunity is identified and reviewed for relevance with the Department’s projects. TPA will then share these opportunities with the Department for further assessment and determination if a grant application is warranted. The Department will also receive a grant matrix of funding programs that is updated regularly as new opportunities arise.
• Community Outreach: TPA will assist the Department with community outreach required for grant applications by ensuring the Department is aware of specific requirements, helping develop materials that capture all the elements needed by the grant, and compiling the outreach data for inclusion in the application.
• Grant Application Development and Submittal: TPA will develop, draft, submit, and follow up on each Department grant application through the following process:
o Establishment of Clear Accountabilities: TPA will coordinate with the Department to ensure the assignment of responsibilities and tasks is clear so that confusion and inefficiency are avoided and the Department is burdened as little as possible while TPA pursues a grant opportunity.
o Provide Overview of Full Application Requirements: For each grant application, TPA will provide the Department with a detailed overview of the requirements for the grant program and corresponding application to ensure that the program is a strong fit for the Department’s project. This will include:
 Application timeline
 Eligible project types
 Funding availability and award maximums and minimums
 List of application components, including proposal questions and any required attachments
o Assemble Project Background and Details: TPA will conduct a detailed informational interview with the Department staff most involved with each project to fully understand the project background and scope details necessary for developing the grant proposal and addressing all application questions.

Proposal for State & Federal Legislative Advocacy & Grant Writing Services | City of Colton Page 10

SCOPE OF SERVICES
o Coordinate Technical Project Details: For technical application components such as site plans, detailed cost estimates, project timelines, engineering plans, and costbenefit analyses, TPA will coordinate with Department staff to compile all necessary attachments and ensure consistency across all application elements. o Draft Written Proposal: TPA will fully draft all narrative components of the application and, when applicable, will indicate where additional input or project detail from the Department could be provided during the proposal review process. o Incorporate Feedback to Finalize Proposal: Well ahead of the application deadline, TPA will provide the Department with a complete draft for review and feedback. TPA will incorporate any additional details or revisions provided during this process to finalize the grant application and obtain Department approval for the final version before submission.
o Submit Completed Application: TPA will ensure that applications are submitted before the deadline, whether electronically or in hard copies, per the submission instructions for each program. For hard copy submissions, TPA will print and package applications according to submission instructions and ship them through a reliable courier service such as FedEx to provide the Department with tracking and delivery confirmation. TPA will also obtain a receipt for proof of submission and provide the Department with a final copy of all submitted application documents. o Funding Advocacy: Throughout the grant application process, TPA will leverage relationships with relevant officials and program officers in various state and federal funding agencies to ensure that Department grant applications align with the goals of the specific grant program and are well-crafted and well-positioned for funding. • Post-Grant Submittal Advocacy: TPA will frequently contact legislators and agency officials to follow up on the status of a grant application and promote its need and urgency. This will include drafting letters of support after grant submissions and distributing them to legislators for their consideration. In addition, TPA will work with legislators to reach out to individual granting agencies to provide background on the Department’s projects and convey their support.
• Post-Award Services—Above and Beyond Advocacy: TPA has a track record of success with post-award grant administration and retention. TPA has worked on behalf of clients who, due to unforeseen circumstances, need to request an extension of the grant performance period to accomplish project deliverables. TPA is prepared to engage in the legislative process and work with legislators to get bills passed that would allow the Department to retain its grant funding after the performance period would have otherwise ended. Additionally, TPA is prepared to work directly with the Department and agencies to secure scope of work changes to already awarded projects to ensure the Department will not have to return any hard-won grant funding.
• Comprehensive Follow-Up on Unsuccessful Applications: Despite all best efforts, some grant applications are not selected for funding. When grant applications are unsuccessful, TPA will work with the relevant state and federal funding agencies to set up in-person or telephone debriefing sessions to discuss them and how to best revise them for the next funding round to ensure success.

Proposal for State & Federal Legislative Advocacy & Grant Writing Services | City of Colton Page 11

SCOPE OF SERVICES
• Workshops and Community Training Events: Upon request, TPA will conduct interactive workshops and training sessions tailored to build the Department’s capacity in grant identification, application processes, and effective grant management. These sessions will empower Department staff, local organizations, and community members to navigate funding opportunities, strengthen project proposals, and successfully manage awarded funds. • Provide Monthly Progress Reports: TPA will confer regularly with the Department on our activities. TPA will provide timely electronic monthly reports on the status of all funding activities, such as current funding opportunities, applications, submitted applications, and post-grant submittal advocacy. In addition to written reports, TPA will be available to the Department for conference calls, in-person briefings, and meetings.

(BB&K 2018)
23152.06000\30453088.2 Exhibit “B”-1
EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant Shall complete the Services with the terms of this agreement (October 6, 2026, to October 30, 2027) and shall meet any other established schedules and deadlines.

(BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1
EXHIBIT "C"

COMPENSATION

Proposal for State & Federal Legislative Advocacy & Grant Writing Services | City of Colton Page 12

FEE SCHEDULE
OPTION I: ALL-INCLUSIVE RETAINER:

DESCRIPTION OF SERVICES MONTHLY FEE
Legislative Advocacy and Grant Writing Services $7,500* State and Federal Legislative Advocacy
• Conduct Detailed Orientation Included
• Develop Legislative Strategy Included
• Implement the Legislative Strategy Included
• Build and Strengthen Relevant Relationships Included
• Leverage Relationships for Strategic Advocacy Plan Included • Coordinate Advocacy Trips Included
• Track Legislation Included
• Craft Testimony and Position Letters Included
• Draft Bill Language Included
• Engage in the Rule-Making Process Included
• State Budget Funding Opportunities Included
• Federal Earmark Opportunities Included
• Provide Progress Reports Included
• Prepare and File Lobbying Disclosure Reports Included Grant Writing
• Craft Strategic Funding Plan Included
• Identify, Research, and Monitor Grant Funding Opportunities Included • Community Outreach Included
• Grant Application Development and Submittal Included
• Establishment of Clear Accountabilities Included
• Provide Overview of Full Applications Requirements Included • Assemble Project Background and Details Included
• Coordinate Technical Project Details Included
• Draft Written Proposal Included
• Incorporate Feedback to Finalize Proposal Included
• Submit Completed Application Included
• Funding Advocacy Included
• Post-Grant Submittal Advocacy Included
• Post-Award Services—Above and Beyond Advocacy Included • Comprehensive Follow-Up on Unsuccessful Applications Included • Workshops and Community Training Events Included
*The monthly fee includes all reasonable business and travel expenses.

Proposal for State & Federal Legislative Advocacy & Grant Writing Services | City of Colton Page 0 City of Colton
Proposal for State and Federal Legislative Advocacy and Grant Writing Services
June 16, 2026

Proposal for State & Federal Legislative Advocacy & Grant Writing Services | City of Colton Page 1 June 16, 2026
Bassam Alzammar, Water/Wastewater Operations Manager
City of Colton
160 South 10th Street
Colton, California 92324
Dear Mr. Alzammar:

Thank you for the opportunity for Townsend Public Affairs, Inc. (“TPA”) to submit our proposal for State and Federal Legislative Advocacy and Grant Writing Services to the City of Colton Water and Wastewater Department (“Department”).

Since our inception in 1998, TPA has earned the reputation as a Champion for Better Communities by providing the experience, resources, and relationships expected from a premier legislative advocacy and grant writing firm while also giving clients the unique brand of customer service they deserve: personal attention, maximum accessibility, and passion for their mission.

Our strategic approach to advocacy and funding is tailored to meet the individual needs of each client by leveraging the breadth and depth of our team as well as our vast network of relationships with key stakeholders and decision makers.

Over the years, TPA has been proud to secure more than $3.4 billion in competitive grants and appropriations and to successfully advance more than 165 pieces of legislation on behalf of our clients. But beyond the numbers, what sets us apart is our dedication to helping communities like Colton turn bold ideas into reality, whether securing new funding, shaping state and national policy, or protecting vital resources that your residents rely on.

Thank you again for your interest in our firm and your consideration of this proposal. Please contact us if you have any questions or need additional information. We would be honored to serve the City of Colton Water and Wastewater Department.

Yours truly,
Christopher Townsend
President

Proposal for State & Federal Legislative Advocacy & Grant Writing Services | City of Colton Page 2

FIRM OVERVIEW

FIRM PROFILE
TPA is a state and federal legislative advocacy and grant writing firm that provides lobbying and funding services to public agencies and nonprofit organizations throughout California. • Founder/Owner/President: Christopher Townsend
• Advocacy Success: Shepherded over 165 client-sponsored legislative items into law • Funding Success: Over $3.4 billion in state, federal, and local government grants as well as grants from nonprofit organizations and private companies • Longevity: 27 years (founded in 1998)
• Number of Employees: 23
• Number of Registered State and Federal Lobbyists and Grant Writers: 18 • Number of Offices: Five
o TPA State Capitol Office, Sacramento
o TPA Federal Office, Washington, DC
o TPA Northern California Office, Oakland
o TPA Central California Office, Fresno
o TPA Southern California Office, Newport Beach
• Types of Clients:
o City Governments
o County Governments
o Water and Sanitation Districts
o Transportation Districts
o Higher Education and K–12 School Districts
o Parks and Recreation Districts
o Fire Protection Districts
o Museums, Science Centers, and Cultural Facilities
• Areas of Specialization:
o Local Governance (Cities, Counties, Special Districts) o Transportation Policy and Infrastructure
o Water and Sanitation Policy and Infrastructure
o Education Policy and Infrastructure
o Housing and Economic Development
o Parks and Community Facilities (Recreational, Cultural, Historical) o Energy, Environment, and Natural Resources
o Public Safety
o Budget and Finance
• Ranking by Revenue Reported to the California Secretary of State:
o 5th of 491 Firms Registered for the 2025–26 Legislative Session • TPA is ranked as one of the top 100 federal lobbying firms and represents more California public agencies in Washington, DC than any other advocacy firm in the nation. • Over 80% of clients receive more than $1 million in grant awards in their first full year of working with TPA

Proposal for State & Federal Legislative Advocacy & Grant Writing Services | City of Colton Page 3

FIRM OVERVIEW

STATE LEGISLATIVE ADVOCACY ACHIEVEMENTS
Policy Sector Issue Outcome Of Lobbying Efforts
Municipal
Management
Local Control
• AB 2339 (Gipson, 2018), signed into law, permits cities to sell their drinking water property in special circumstances.
• Secured a state audit request of the State Department of Health Care Services due to its management of sober living homes. • SB 927 (Anderson, 2016),signed into law, permits public utility districts to establish district boundaries without legislation. • Sponsored and advanced SB 443 (Rubio), signed into law, to provide clarity on pension benefits and support workforce stability for Joint Powers Authorities.
• Championed a series of governance modernization reforms, including AB 2302 (Addis) and SB 1034 (Seyarto), to improve flexibility in public meetings and public records compliance.

Local
Infrastructure
Revenue
• Several bills signed into law which facilitate the voter consideration of local revenue measures.
• Worked with numerous local governments on elements of redevelopment dissolution to maximize contractual obligations and implementation of local plans.
• Secured $9 million in FY 2025-26 State Budget funding for five client projects despite a challenging deficit environment through strategic advocacy and alignment with state priorities.

Public Records
Request
• Sponsored and advanced AB 370 (Carrillo), signed into law, to strengthen local government response capabilities following cybersecurity incidents.

Cannabis
• AB 2020 (Quirk, 2018), signed into law, allows cities to approve temporary cannabis events
• Led a coalition to help pass California’s first medicinal cannabis regulatory framework legislation.

Transportation
Local Streets &
Roads
• AB 2496 (Petrie-Norris, 2022), signed into law, mitigates loud vehicle noise.
• Relinquishment of certain sections of Highway 1, SR 133, Beach Boulevard, and other state highway systems, to the jurisdiction of local cities.

Transit Districts
• AB 3177 (Chavez, 2018), signed into law, permits the North County Transit District to negotiate procurements on the open market.
• AB 354 (Nguyen, 2023), signed into law, expands SacRT’s Board of Directors.
• AB 1052 (McCarty, 2023), signed into law, enables SacRT to limit potential future tax measures to jurisdictions within its boundary.

Vehicle Code • AB 705 (Lowenthal, 2023), signed into law, expands the allowable length of a vehicle that could be defined as an autoette.

Water &
Sanitation
Water Quality
• AB 2022 (Gordon, 2016) is the first bill in the nation, signed into law, which allows the bottling of advanced recycled water for educational purposes.

Water District
Formation
• SB 634 (Wilk, 2017), signed into law, consolidates multiple existing water agencies to create the Santa Clarita Valley Water Agency.

Sanitation
Infrastructure
• SB 991 (Newman, 2022), signed into law, permits local agencies to use progressive design-build for water projects.

Housing &
Community
Development
Homelessness
• Creation of the Homelessness Emergency Aid Program (HEAP) to provide funding to cities, counties, and continuums of care. • Creation of the Homeless Housing, Assistance, and Prevention (HHAP) Grant Program.

Proposal for State & Federal Legislative Advocacy & Grant Writing Services | City of Colton Page 4

FIRM OVERVIEW
• AB 1285 (Wicks, 2023), signed into law, requires continuums of care to provide evidence of encampment resolution impacts in regionally coordinated homelessness action plans.
• AB 2011 (Wicks, 2022), signed into law, allows for the construction of 2 million units of affordable and mixed-income housing along transit-friendly commercial corridors.

Affordable
Housing
• SB 593 (Wiener, 2023), signed into law, finances affordable housing units.
• SB 591 (2021, Becker), signed into law, increases the production of intergenerational housing developments.
• Led targeted engagement with legislative leadership during Capand-Invest negotiations to secure $800 million for the Affordable Homes and Sustainable Communities Program.

Community
Development
• AB 1486 (Ting, 2019), signed into law, clarifies and strengthens provisions in the Surplus Land Act to promote the use of public land for affordable housing projects.

Short-Term
Rentals
• SB 346 (Durazo, 2025), signed into law, enacts the Short-Term Rental Facilitator Act of 2025, which permits local agencies to enact ordinances to require short-term rental facilitators to provide specified information on their platform’s rentals to the local agency.

Recreation &
Natural
Resources
Park and
Recreation
Facilities
• Implementation of Proposition 68 (2018), which allocated $4 billion to parks and recreation programs.
• SB 5 (De Leon, 2017), signed into law, allocates $3.5 billion in state funding for parks, drought/water, and flood protection programs.

Energy
• Secured amendments to SB 379 (2022, Weiner), signed into law, which protects cities utilizing online, automated platforms for issuing solar-energy system permits.

Public Safety
Crime Reduction
• AB 645 (Friedman, 2023), signed into law, implements speed safety system pilot programs.
• SB 1079 (2022, Portantino), signed into law, permits the use of sound-activated devices to prevent loud, modified exhaust systems.

E-Bike Safety • SB 381 (Min, 2023), signed into law, requires a study on electric bicycles and the safety of riders and pedestrians.

Local Law
Enforcement
• Establishment of the North Orange County Public Safety Collaborative.

Emergency
Management
• AB 2553 (Ting, 2019), signed into law, expands an emergency shelter pilot program statewide.

Education
Community
College Districts
• AB 1173 (Ta, 2023), signed into law, requires local educational agencies (LEA) serving grades 9 to 12 to notify community college districts when holding career fairs.
• Worked with a coalition of community college and K12
stakeholders to implement and fund the California Adult Education Program.

School Facilities • SB 1406 (Mendoza, 2016), signed into law, protects community colleges from frivolous lawsuits.

Proposal for State & Federal Legislative Advocacy & Grant Writing Services | City of Colton Page 5

FIRM OVERVIEW

FEDERAL LEGISLATIVE ADVOCACY ACHIEVEMENTS
Policy Sector Issue Outcome of Lobbying Efforts
Municipal
Management
Municipal
Funding
• Secured over $277 million in Community Project Funding since FY 2022 for over 215 client projects to advance and protect local priorities.

Local Control
& Local
Budget
COVID-19
Pandemic
Messaging
• Helped lead the creation and passage of the CARES Act and the American Rescue Plan (ARPA).
• Crafted regional advocacy letters for increased local relief funding. • Coordinated with the National League of Cities and the White House to utilize and distribute TPA templates, models, and language regarding COVID-19 messaging.
• Facilitated conversations between the Department of Treasury and local public agencies regarding the implementation and reporting of CARES Act and ARPA funds.

Wireless
Infrastructure
• Obtained a copy of the draft text of the wireless infrastructure bill that threatened local control.
• Using both statistics and anecdotal evidence, advocated against provisions that would challenge local control, resulting in the mitigation of provisions upon introduction.

Local Funding • Successfully advocated for reauthorization and return of funding for the Secure Rural Schools/Payment instead of Taxes programs.

State & Local
Tax Deduction
• Modified provision from tax legislation that would have impacted local public agency general fund budgets.

Sober Living
Homes
• Negotiated public messaging on the issue.
• Led witness selection and preparation for sober living hearing. • Proposed amendment to circumvent controversial provisions; the amendment was adopted by the House committee.
• Pushed for House and Senate passage of opioids package, including sober living provision in each version—both packages passed with sober living provision intact.

Transportation
&
Infrastructure
Streets, Public
Transit,
Highways, &
Airports
• Successfully advocated for continued or increased funding for four out of five federal transportation infrastructure programs between Fiscal Years 2018 and 2019, with the fifth program receiving a one-time tripling of funding in Fiscal Year 2018.

Water Water
• Successfully advocated for an increase in funding for Bureau of Reclamation WaterSMART grant programs.
• Authorized millions of dollars in funding for clients through the 2022 WRDA process.
• Authorized millions of dollars in funding for clients through the 2024 WRDA process.

Affordable
Housing,
Homelessness,
& Community
Development
Homelessness • Secured direct HUD funding for innovative programs to provide temporary housing and rehabilitation to homeless individuals.

Private Activity
Bonds
• Negotiated the removal of a provision from tax legislation that would have impacted key financing tools for new construction.

Community
Development
Block Grants
• Successfully advocated for maintained funding for HUD Community Development Block Grants beginning in FY 2017.

Public Safety &
Emergency
Management
Anti-Crime
Provisions
• Inserted rural gang priority language in House and Senate Appropriations Committee Report.
• Created a regional coalition of Central California cities and law enforcement agencies to advocate for prioritizing rural gang violence.

Local Law
Enforcement
• Increased local police presence through securing funding from the U.S.

Department of Justice COPS program.

Firefighter
Grants
• Successfully advocated for the continuation of funding for FEMA firefighter grants.

Education Public
Education
• Authorized $30 million for California Maritime Centers of Excellence through the 2022 National Defense Authorization Act (NDAA).

Proposal for State & Federal Legislative Advocacy & Grant Writing Services | City of Colton Page 6

FIRM OVERVIEW

EXAMPLES OF SUCCESSFUL STATE & FEDERAL EARMARKS
The following charts detail TPA’s success in securing state and federal earmarks over the past several years. For each award, TPA strategized with our clients to identify priority projects and transform them into budget requests. TPA then worked closely and diligently with state and federal legislators, their staff, relevant committee members, and other key stakeholders to ensure our client projects were included in the final official budgets.

STATE BUDGET EARMARKS
Year Total Number of Projects Total Amount Awarded
2025-2026 5 $9,000,000
2023-2024 55 $73,910,000
2022-2023 42 $200,950,000
2021-2022 30 $377,715,020
2019-2020 15 $36,230,000
TOTAL STATE BUDGET EARMARKS SECURED: $697,805,020

FEDERAL EARMARKS
Year Total Number of Projects Total Amount Awarded
2026 102 $100,297,517
2024 52 $57,599,445
2023 34 $60,390,094
2022 30 $59,060,357
TOTAL FEDERAL EARMARKS SECURED: $277,347,413

GRANT FUNDING ACHIEVEMENTS
This table provides an overview of our grant funding achievements on behalf of our clients from state, federal, and local government agencies and private and nonprofit grant programs. These amounts represent grants secured through a competitive and/or legislative process and do NOT include any funds awarded to clients via formulas or related forms of funding entitlements.

Policy Area State Funding Federal Funding All Sources
Water and Sanitation $134 Million $45.2 Million $179 Million Transportation $788 Million $416 Million $1,204 Million Education $262 Million $51.9 Million $313 Million
Parks and Recreation $316 Million $54.7 Million $371 Million Cultural Resources $140 Million $14.3 Million $154 Million Housing and Development $817 Million $64 Million $881 Million Public Safety $165 Million $130 Million $295 Million
TOTAL $2.6 Billion $766 Million $3.4 Billion

Proposal for State & Federal Legislative Advocacy & Grant Writing Services | City of Colton Page 7

LEGISLATIVE ADVOCACY SCOPE OF SERVICES
TPA will utilize the following strategic and comprehensive approach to provide state and federal legislative advocacy services to the Department, particularly to advance the construction of a wastewater treatment facility:
• Conduct Detailed Orientation: TPA utilizes a comprehensive onboarding process that includes extensive meetings with various relevant members of Department leadership and key Department departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the Department and is designed for maximum success in the current political climate and funding environment.
• Develop Legislative Strategy: Utilizing the information gathered during the onboarding process, TPA will coordinate with the Department to develop an official legislative platform and strategy representing the Department’s priorities in Sacramento and Washington, DC.

This blueprint will be shared with key stakeholders in the State Legislature and Governor’s Administration, as well as Congress and the President’s Administration. • Implement the Legislative Strategy: TPA will advocate for the Department’s legislative agenda utilizing the following methods:
o Build and Strengthen Relevant Relationships: TPA has cultivated a network of valuable relationships that will be leveraged to promote the Department’s legislative agenda.
o Leverage Relationships for Strategic Advocacy Plan: TPA will engage various techniques to leverage our network of key relationships on behalf of the Department:
 Schedule meetings for the Department to discuss relevant legislation  Prepare all briefing materials and talking points for the Department  Brief legislative offices and stakeholders on the Department’s legislative agenda
 Follow-up on meetings to ensure commitments and deliverables are being met o Coordinate Advocacy Trips: TPA will work with the Department to coordinate advocacy trips to Sacramento and Washington, DC, to meet with the Department’s legislative delegation and legislators who serve on committees relevant to the Department’s agenda. Furthermore, whenever possible, TPA will also schedule legislators' site visits to the Department.

For advocacy trips to Washington, DC, TPA will handle all details of the trip, including, but not limited to:
 Planning and scheduling of meetings
 Providing logistical support, including airport pickups, hotel pickups, and travel to and from meetings
 Providing access to a private office within walking distance to the Hill and with immediate access to the Metro
 Coordinating all meal reservations, including scheduling with key members to attend
 Access to the National Democratic Club
 Access to the Capitol Hill Club (National Republican Club of Capitol Hill)  Organizing any additional activities of interest (White House tour, VIP Capitol Tour, Monument Tour, African American Museum tickets, etc.)

Proposal for State & Federal Legislative Advocacy & Grant Writing Services | City of Colton Page 8

SCOPE OF SERVICES
o Track Legislation: TPA will identify, analyze, and monitor all bill introductions and amendments relevant to the Department’s legislative platform and assess their potential impact on the Department.
o Craft Testimony and Position Letters: TPA will prepare and submit written and verbal testimony regarding legislation relevant to the Department. TPA will also draft and deliver position letters to legislators and key officials on specific bill language. o Draft Bill Language: TPA will draft language and amendments for relevant legislation, as required to protect and promote the Department’s agenda. o Engage in the Rule-Making Process: TPA will coordinate with the Department to engage during the federal rule-making process to ensure the Department’s legislative agenda is being promoted and protected in Washington, DC. Engagement activities will include crafting and publishing public comments and contacting legislators to convey either support or opposition to the proposed rule. o State Budget Funding Opportunities: To maximize state funding, TPA will work with the Department to identify projects and other funding priorities suitable for funding through the State Budget. TPA will coordinate with the Department to develop supporting materials for the budget request, as well as submit the request. TPA will also work with members of the Department’s state legislative delegation, along with the Assembly and Senate Budget Committees, to gain support for the inclusion of the Department’s project in the final State Budget approved by the Legislature. o Federal Earmark Opportunities: To maximize federal funding, TPA will work with the Department to identify projects and other funding priorities that may be suitable for funding through the Federal Earmark process. TPA will coordinate with the Department to develop supporting materials for the earmark request, as well as submit the request. TPA will also work with members of the Department’s federal legislative delegation to gain support for the inclusion of the Department’s project. • Provide Progress Reports: TPA will confer regularly with the Department on our activities and provide timely electronic reports on the status of all legislative activity, such as bill language, amendments, and committee analyses. In addition to written reports, TPA will be available to the Department for conference calls, in-person briefings, and meetings. • Prepare and File Lobbying Disclosure Reports: TPA will prepare and file all applicable state and federal lobbying disclosure reports on behalf of the Department.

Proposal for State & Federal Legislative Advocacy & Grant Writing Services | City of Colton Page 9

GRANT WRITING SCOPE OF SERVICES
TPA will utilize the following strategic and comprehensive approach to provide grant writing services to the Department, particularly to advance the construction of a wastewater treatment facility:
• Craft Strategic Funding Plan: Utilizing the information gathered during the onboarding process, TPA will coordinate with the Department to develop a proactive and comprehensive strategic funding plan that serves the needs of the Department’s priorities. The plan will do more than identify Department projects; it will outline and prioritize multiple funding options for each project and develop a specific work plan tailored to each project. It will also identify key “strings attached” to help assess the cost/benefit ratio for each grant opportunity.
• Identify, Research, and Monitor Grant Funding Opportunities: TPA will utilize list-serve subscription programs, funding workshops, agency canvassing, and other networking tactics to ensure every potential opportunity is identified and reviewed for relevance with the Department’s projects. TPA will then share these opportunities with the Department for further assessment and determination if a grant application is warranted. The Department will also receive a grant matrix of funding programs that is updated regularly as new opportunities arise.
• Community Outreach: TPA will assist the Department with community outreach required for grant applications by ensuring the Department is aware of specific requirements, helping develop materials that capture all the elements needed by the grant, and compiling the outreach data for inclusion in the application.
• Grant Application Development and Submittal: TPA will develop, draft, submit, and follow up on each Department grant application through the following process:
o Establishment of Clear Accountabilities: TPA will coordinate with the Department to ensure the assignment of responsibilities and tasks is clear so that confusion and inefficiency are avoided and the Department is burdened as little as possible while TPA pursues a grant opportunity.
o Provide Overview of Full Application Requirements: For each grant application, TPA will provide the Department with a detailed overview of the requirements for the grant program and corresponding application to ensure that the program is a strong fit for the Department’s project. This will include:
 Application timeline
 Eligible project types
 Funding availability and award maximums and minimums
 List of application components, including proposal questions and any required attachments
o Assemble Project Background and Details: TPA will conduct a detailed informational interview with the Department staff most involved with each project to fully understand the project background and scope details necessary for developing the grant proposal and addressing all application questions.

Proposal for State & Federal Legislative Advocacy & Grant Writing Services | City of Colton Page 10

SCOPE OF SERVICES
o Coordinate Technical Project Details: For technical application components such as site plans, detailed cost estimates, project timelines, engineering plans, and costbenefit analyses, TPA will coordinate with Department staff to compile all necessary attachments and ensure consistency across all application elements. o Draft Written Proposal: TPA will fully draft all narrative components of the application and, when applicable, will indicate where additional input or project detail from the Department could be provided during the proposal review process. o Incorporate Feedback to Finalize Proposal: Well ahead of the application deadline, TPA will provide the Department with a complete draft for review and feedback. TPA will incorporate any additional details or revisions provided during this process to finalize the grant application and obtain Department approval for the final version before submission.
o Submit Completed Application: TPA will ensure that applications are submitted before the deadline, whether electronically or in hard copies, per the submission instructions for each program. For hard copy submissions, TPA will print and package applications according to submission instructions and ship them through a reliable courier service such as FedEx to provide the Department with tracking and delivery confirmation. TPA will also obtain a receipt for proof of submission and provide the Department with a final copy of all submitted application documents. o Funding Advocacy: Throughout the grant application process, TPA will leverage relationships with relevant officials and program officers in various state and federal funding agencies to ensure that Department grant applications align with the goals of the specific grant program and are well-crafted and well-positioned for funding. • Post-Grant Submittal Advocacy: TPA will frequently contact legislators and agency officials to follow up on the status of a grant application and promote its need and urgency. This will include drafting letters of support after grant submissions and distributing them to legislators for their consideration. In addition, TPA will work with legislators to reach out to individual granting agencies to provide background on the Department’s projects and convey their support.
• Post-Award Services—Above and Beyond Advocacy: TPA has a track record of success with post-award grant administration and retention. TPA has worked on behalf of clients who, due to unforeseen circumstances, need to request an extension of the grant performance period to accomplish project deliverables. TPA is prepared to engage in the legislative process and work with legislators to get bills passed that would allow the Department to retain its grant funding after the performance period would have otherwise ended. Additionally, TPA is prepared to work directly with the Department and agencies to secure scope of work changes to already awarded projects to ensure the Department will not have to return any hard-won grant funding.
• Comprehensive Follow-Up on Unsuccessful Applications: Despite all best efforts, some grant applications are not selected for funding. When grant applications are unsuccessful, TPA will work with the relevant state and federal funding agencies to set up in-person or telephone debriefing sessions to discuss them and how to best revise them for the next funding round to ensure success.

Proposal for State & Federal Legislative Advocacy & Grant Writing Services | City of Colton Page 11

SCOPE OF SERVICES
• Workshops and Community Training Events: Upon request, TPA will conduct interactive workshops and training sessions tailored to build the Department’s capacity in grant identification, application processes, and effective grant management. These sessions will empower Department staff, local organizations, and community members to navigate funding opportunities, strengthen project proposals, and successfully manage awarded funds. • Provide Monthly Progress Reports: TPA will confer regularly with the Department on our activities. TPA will provide timely electronic monthly reports on the status of all funding activities, such as current funding opportunities, applications, submitted applications, and post-grant submittal advocacy. In addition to written reports, TPA will be available to the Department for conference calls, in-person briefings, and meetings.

Proposal for State & Federal Legislative Advocacy & Grant Writing Services | City of Colton Page 12

FEE SCHEDULE
OPTION I: ALL-INCLUSIVE RETAINER:

DESCRIPTION OF SERVICES MONTHLY FEE
Legislative Advocacy and Grant Writing Services $7,500* State and Federal Legislative Advocacy
• Conduct Detailed Orientation Included
• Develop Legislative Strategy Included
• Implement the Legislative Strategy Included
• Build and Strengthen Relevant Relationships Included
• Leverage Relationships for Strategic Advocacy Plan Included • Coordinate Advocacy Trips Included
• Track Legislation Included
• Craft Testimony and Position Letters Included
• Draft Bill Language Included
• Engage in the Rule-Making Process Included
• State Budget Funding Opportunities Included
• Federal Earmark Opportunities Included
• Provide Progress Reports Included
• Prepare and File Lobbying Disclosure Reports Included Grant Writing
• Craft Strategic Funding Plan Included
• Identify, Research, and Monitor Grant Funding Opportunities Included • Community Outreach Included
• Grant Application Development and Submittal Included
• Establishment of Clear Accountabilities Included
• Provide Overview of Full Applications Requirements Included • Assemble Project Background and Details Included
• Coordinate Technical Project Details Included
• Draft Written Proposal Included
• Incorporate Feedback to Finalize Proposal Included
• Submit Completed Application Included
• Funding Advocacy Included
• Post-Grant Submittal Advocacy Included
• Post-Award Services—Above and Beyond Advocacy Included • Comprehensive Follow-Up on Unsuccessful Applications Included • Workshops and Community Training Events Included
*The monthly fee includes all reasonable business and travel expenses.

Proposal for State & Federal Legislative Advocacy & Grant Writing Services | City of Colton Page 13

FEE SCHEDULE
OPTION II: STATE AND FEDERAL ADVOCACY ONLY:

OPTION III: STATE ADVOCACY ONLY:

DESCRIPTION OF SERVICES MONTHLY FEE
State and Federal Legislative Advocacy Services $6,000* • Conduct Detailed Orientation Included
• Develop Legislative Strategy Included
• Implement the Legislative Strategy Included
• Build and Strengthen Relevant Relationships Included
• Leverage Relationships for Strategic Advocacy Plan Included • Coordinate Advocacy Trips Included
• Track Legislation Included
• Craft Testimony and Position Letters Included
• Draft Bill Language Included
• Engage in the Rule-Making Process Included
• State Budget Funding Opportunities Included
• Federal Earmark Opportunities Included
• Provide Progress Reports Included
• Prepare and File Lobbying Disclosure Reports Included *The monthly fee includes all reasonable business and travel expenses.

DESCRIPTION OF SERVICES MONTHLY FEE
State Legislative Advocacy Services $5,000*
• Conduct Detailed Orientation Included
• Develop Legislative Strategy Included
• Implement the Legislative Strategy Included
• Build and Strengthen Relevant Relationships Included
• Leverage Relationships for Strategic Advocacy Plan Included • Coordinate Advocacy Trips Included
• Track Legislation Included
• Craft Testimony and Position Letters Included
• Draft Bill Language Included
• State Budget Funding Opportunities Included
• Provide Progress Reports Included
• Prepare and File Lobbying Disclosure Reports Included *The monthly fee includes all reasonable business and travel expenses.

Proposal for State & Federal Legislative Advocacy & Grant Writing Services | City of Colton Page 14

FEE SCHEDULE
OPTION IV: FEDERAL ADVOCACY ONLY:

OPTION V: GRANT WRITING ONLY:

DESCRIPTION OF SERVICES MONTHLY FEE
Federal Legislative Advocacy Services $5,000*
• Conduct Detailed Orientation Included
• Develop Legislative Strategy Included
• Implement the Legislative Strategy Included
• Build and Strengthen Relevant Relationships Included
• Leverage Relationships for Strategic Advocacy Plan Included • Coordinate Advocacy Trips Included
• Track Legislation Included
• Craft Testimony and Position Letters Included
• Draft Bill Language Included
• Engage in the Rule-Making Process Included
• Federal Earmark Opportunities Included
• Provide Progress Reports Included
• Prepare and File Lobbying Disclosure Reports Included *The monthly fee includes all reasonable business and travel expenses.

DESCRIPTION OF SERVICES MONTHLY FEE
Grant Writing Services $5,000*
• Conduct Detailed Orientation Included
• Craft Strategic Funding Plan Included
• Identify, Research, and Monitor Grant Funding Opportunities Included • Community Outreach Included
• Grant Application Development and Submittal Included
• Establishment of Clear Accountabilities Included
• Provide Overview of Full Applications Requirements Included • Assemble Project Background and Details Included
• Coordinate Technical Project Details Included
• Draft Written Proposal Included
• Incorporate Feedback to Finalize Proposal Included
• Submit Completed Application Included
• Funding Advocacy Included
• Post-Grant Submittal Advocacy Included
• Post-Award Services—Above and Beyond Advocacy Included • Comprehensive Follow-Up on Unsuccessful Applications Included • Workshops and Community Training Events Included
• Provide Monthly Progress Reports Included
*The monthly fee includes all reasonable business and travel expenses.

Item: 4.

Staff Report
Meeting Date: October 6, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Heidi Duron, Director
Item Name: Contract Award - Award Professional Services Agreements to CASC Engineering and Kimley Horn, to Provide Continued On-call Environmental Consulting Services 10/6/2026 through 5/20/2028, in the Amount of $400,000 each, for a total of $800,000.

Recommended Action:

Award Professional Services Agreements to CASC Engineering and Kimley Horn, to Provide Continued On-call Environmental Consulting Services from 10/6/2026 through 5/20/2028, in the Amount of $400,000 each, for a total of $800,000.

Background:

On May 20, 2025, the City Council simultaneously approved the 2025-2028 list of pre-qualified environmental consultants (Resolution No. R-29-25) and two of the 22 environmental firms (CASC and Kimley-Horn) were each approved for City on-call services in providing expedited contract services at $200,000 per Fiscal Year (Attachment 1). The general list, valid for three years, streamlines the environmental consultant selection and contracting process to some extent for privately-initiated development projects. However, the per-project contracting process remains cumbersome, and it can require several months until the consultants receive authorization to proceed. Therefore, staff have examined other jurisdictions and consulted with the City Attorney to develop a more streamlined environmental review process to better serve the needs of our community. The approval, however, for on-call services was made for a one-year period ending in May 2026. Staff is updating the contract dates and budget to reflect the remaining time period ending on May 20, 2028, consistent with the list of qualified environmental firms approved by the City Council in 2025. A new pre-qualified environmental consultants list will be prepared in early 2028 prior to the May 20, 2028, end date. On-call contracts appear to be the most productive for projects that are privately-initiated (full cost recovery). The selection of firms for the on-call within this item will be effective until May 2028 instead of having to return every fiscal year.

Issues/Analysis:

City Council approval of the updated 2025–2028 Pre-Approved List of Environmental Firms were presented concurrently with the “on-call” services firms. CASC Engineering & Consulting and Kimley-Horn are on the Pre-Approved Environmental Consultant list that the City Council approved.

This program has been successful in assisting with moving projects along in expediting the contract process. Staff is recommending on-call contracts with CASC Engineering with offices in the City of Colton and Kimley-Horn with offices in the City of Riverside be approved from October 6, 2026 through May 20, 2028 (See Attachments 2 and 3). The on-call contract will allow staff to request a scope of work, budget and schedule to perform environmental review of applications soon after they are received, rather than pursuing an individual contract for each application. Upon a notice to proceed from staff, the consultant will proceed with work in accordance with the scope of work approved by staff. In 2026, each of the firms received contracts and the result was an improvement to the Planning application processing timeframes, as well as consultant responsiveness in addressing environmental documentation for a project.

Fiscal Impacts:

Sufficient appropriations are available in FY 2026/27 Development Services Planning Division Professional Services Expenditure Account No. 100-6300-6301-2357-0000-000 for the contracts totaling $800,000. The cost of these contracts is fully offset by developers through development agreements to achieve full cost recovery through applicant deposit prior to authorization for the consultant to proceed.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. Attachment 1_Staff Report and Reso No. R-29-25 - Approving 2025-2028 Env.

Consultants List

2. Attachment 2_CASC_OnCall Services PSA 10-06-2026 to 5-20-2028

3. Attachment 3_Proposed PSA Kimley-Horn_OnCall Services_10-06-2026 to 5-20-2028

Staff Report and City Council Resolution No. R-29-25
for Pre-Qualified Environmental Consultants from
5-20-2025 to May 20, 2028
ATTACHMENT 1

ITEM NO. 8

STAFF REPORT
DATE: MAY 20, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HEIDI DURON, DEVELOPMENT SERVICES DIRECTOR SUBJECT: APPROVE 2025 CONTRACT WITH CASC ENGINEERING TO PROVIDE ON-CALL ENVIRONMENTAL CONSULTING SERVICES.

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

Authorize the City Manager to execute a Professional Services Agreement (PSA) with CASC Engineering for $200,000 to provide on-call environmental consulting services for the City of Colton.

BACKGROUND
On May 20, 2025, the City Council will be reviewing and City staff anticipates approval of the 2025-2028 list of pre-qualified environmental consultants (Resolution No. R-29-25). The list, valid for three years, streamlines the environmental consultant selection and contracting process to some extent for privately-initiated development projects. However, the per-project contracting process remains cumbersome and it can require several months until the consultants receive authorization to proceed. Therefore, staff have examined other jurisdictions and consulted with the City Attorney to develop a more streamlined environmental review process to better serve the needs of our community. On-call contracts appear to be the most productive for projects that are privately-initiated (i.e., full cost recovery). The selection of firm for the on-call service may be reviewed annually and may change firm at the City’s discretion. The budget for this item is reviewed every fiscal year.

ISSUES/ANALYSIS
City Council approval of the updated 2025–2028 Pre-Approved List of Environmental Firms is being presented concurrently with the “on-call” services firms and will appear on the same May

Staff Report to the Mayor and City Council
Contract Award - CASC Engineering
May 20, 2025

20, 2025, agenda. The CASC firm is on the Pre-Approved Environmental Consultant list that the City Council will be acting on simultaneously.

Staff is recommending 2025 on-call contract with CASC, an engineering, planning and environmental firm with offices in the City of Colton. The on-call contract will allow staff to request a scope of work, budget and schedule to perform environmental review of applications soon after they are received, rather than pursuing an individual contract for each application.

Upon a notice to proceed from staff, the consultant will proceed with work in accordance with the scope of work approved by staff. It is expected that the on-call contract will help improve the Planning application processing timeframes, as well as consultant responsiveness.

FISCAL IMPACTS
Sufficient appropriations are available FY 2024-25 Development Services Planning Division Professional Services Expenditure Account No. 100-6300-6301-2357-0000-000 for the $200,000 contract. All expenditures under this contract are fully reimbursable, based on applicant deposit prior to authorization for the consultant to proceed.

ALTERNATIVES
Provide alternative direction to staff.

ATTACHMENT

1. CASC_OnCall Services PSA 2025

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27 28
RESOLUTION NO. R-29- 25

A RESOLUTION OF THE CITY OF COLTON CITY COUNCIL
APPROVING 2025- 2028 ENVIRONMENTAL CONSULTANTS

PRE -QUALIFIED TO PROVIDE CEQA AND NEPA SERVICES
FOR THE CITY.

WHEREAS, California CEQA Guidelines Sections 15050- 15051 designate the lead agency that carries out or approves a project as the responsible party to prepare, or to have prepared, an EIR or Negative Declaration for a project; and WHEREAS, as lead agency for projects carried out or approved by the City, the City of Colton will benefit having a list of pre -qualified consultants to prepare environmental documents pursuant to CEQA and NEPA; and
WHEREAS, pre -qualified consultants will assist the City by facilitating a streamlined contracting process and by ensuring high quality environmental documents; and
WHEREAS, a Request for Qualifications (" RFQ") to establish a list of pre - qualified environmental consultants was sent to 31 known consulting firms on March 10, 2025, and posted on the City' s vendor website " govbids. com" reaching over 300 consulting companies; and
WHEREAS, twenty- two consulting firms submitted Statements of Qualifications which were evaluated and rated by City staff.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF COLTON:

SECTION 1. The City Council, in accordance with the California Environmental Quality Act ( CEQA), finds that establishment of a list of pre - qualified consultants is not a project pursuant to CEQA Guidelines Section 15378.

SECTION 2. Based upon the findings set forth herein, the City Council hereby approves the pre -qualified environmental consultants, Exhibit A, attached hereto. The pre -qualified consultants are authorized to exclusively provide CEQA and NEPA services to the City from May 20, 2025 to May 20, 2028; and SECTION 3. The City may delete consultants from pre -qualified status without cause at any time, may enter into one or more `' on call" contracts with prePage 136 of 536 1 4
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qualified consultants, and may utilize consultants who are not pre -qualified for purposes of providing specialized environmental services that may not be available from pre -qualified consultants.

PASSED, APPROVED AND ADOPTED THIS 20 11 DAY OF MAY, 2025.

ATTEST:

ISAAC fi. S
City Clerk

Exhibit — "A" of City Council Resolution No. R- 29- 25
Pre -Qualified Environmental Consultants — City of Colton Term: May 20, 2025, to May 2028

1. ALBERT A. WEBB ASSOCIATES
3788 McCray Street
Riverside, CA 92506
951- 686- 1070
Stephanie Standerfer at stephanie. standerfer@webbassociates. com 951- 248- 4263

2. CASC Engineering and Consulting
1470 E. Cooley Drive
Colton, CA 92324
Michelle E. Furlong, Operations Manager ( Authority to bind) Frank Coyle, Director of Planning ( Day to Day Contact) fcovle@cascinc. com 909- 783- 0108, ext. 5370

3. Chambers Group, Inc.
3151 Airway Avenue, Suite F 208
Costa Mesa, CA 92626
949- 383- 8326
Mike McEntee, President at mmcentee@chambersgroupinc. com Eunice Bagwan at ebagwan@chambersgroupinc. com

4. Dudek
7271 Las Ramblas, Suite 340
Mission Viejo, CA 92691
949- 373- 8326
Laura Masterson at lmasterson@dudek. com 949- 373- 8326 S. Eco Tierra Consulting, Inc.
633 W. 5th Street, 26th floor
Los Angeles, CA 90071
818- 356- 9496 and 805- 907- 2342
Curtis Zacuto, Principal at curtis@ecotierraconsulting. com

Pre -Qualified Environmental Consultants — City of Colton Term: May 20, 2025 to May 20, 2028

6. ECORP Consulting, Inc.
215 N. Fifth Street
Redlands, CA 92374
909- 307- 0046 ( Office)
Anne Surdzial, AICP, Vice President/ Director of CEQA/ NEPA Services ( Project Manager) [email protected]
Donald R. Mitchell, Vice President/ Chief Contracting Officer dmitchell@ecorporconsulting. com
David Atwater at datwater@ecorpconsulting. com
858- 279- 4040

7. EPD Solutions
3333 Michelson Drive, Suite 500
Irvine, CA 92612
949- 794- 1183 ( Office)
Konnie Dobreva, JD, Vice President of Environmental Planning Konnie@epdsolutions. com 949- 794- 1180

8. FirstCarbon Solutions
650 E. Hospitality Lane, Suite 125
San Bernardino, CA 92408
909- 884- 2255
Patrick Shultz, Chief Operating Officer ( Management Contact/ authorized representative) pschultz@fcs- intl. com
Cecilia So, Senior Project Manager at cso@fcs- intl.com

9. InterWest
1 Jenner, Suite 160
Irvine, CA 92618
949- 201- 2468 ( Office)
Steve Nero
Paul Meschino at bids@interwestgrp. com

Pre -Qualified Environmental Consultants — City of Colton Term: May 20, 2025 to May 20, 2028

10. Kimley- Horn
3801 University Avenue, Suite 300
Riverside, CA 92501
951- 543- 9869
Jason Melchor, PE
Kari Cano, Project Manager at Kari. Cano@Kimley- Horn. com

11. LSA Associates ( Updated contacts 7- 28- 2020- ms)
1500 Iowa Avenue, Suite 200
Riverside, CA 92507
Anthony Petros, Chief Executive Officer at anthony. petros@lsa. net Dionisios Glentis, Project Manager at dionisios. glentis@Isa. net 951- 781- 9310

12. Michael Baker International
3536 Concours, Suite 100
Ontario, CA 91764
909- 974- 4933 ( Office)
Alicia Gonzalez at alicia. gonzalez@mbakerintl. com

13. MIG
1650 Spruce St., Suite 102
Riverside, CA 95207
951- 787- 9222
Pamela Steele, Principal ( management contact/ authorized representative) pams@migcom. com
Bob Prasse, Project Manager, Environmental Services at bprasse@migcom. com

14. MINIS Engineers
3850 Vine Street, Suite 110
Riverside, CA 92507
951- 541- 3011
Peter Minegar, AICP at Vice President of Planning at pminegar@mnsengineers. com 951- 541- 3011
Debra Leight, Project Manager at dleight@mnsengineers. com 951- 344- 5264

Pre -Qualified Environmental Consultants — City of Colton Term: May 20, 2025 to May 20, 2028

15. Placeworks
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
Nicole Vermilion, Principal, Environmental Services ( Project Manager/ Director) nvermilion@placeworks. com 714- 966- 2344

16. Psomas
1650 Spruce Street, Suite 400
Riverside, CA 92507
951- 787- 8421
Jennifer Marks, Vice President/ Principal at jennifer. marks@psomas. com Charles Holcombe III, Senior Project Manager at charies. holcombe@psomas. com

17. Rincon Consultants, Inc.
250 E. First Street, Suite 1400
Los Angeles, CA 90012
213- 797- 5859
Deanna Hansen dhansen@rinconconsultants. com
Susanne Huerta shuerta@ronconconsults. com

18. RPG Romo Planning Group, Inc.
9431 Haven Avenue, Suite 232
Rancho Cucamonga, CA 91730
888- 774- 2468
Gustavo J. Romo at service@ romoplaninggroup. com

19. Ruth Villalobos and Associates
3602 Inland Empire Blvd, Suite C310
Ontario, CA 91764
909- 245- 1127
Ruth Villalobos at rvillalobos@rvacorp. com

Pre -Qualified Environmental Consultants — City of Colton Term: May 20, 2025 to May 20, 2028

20. Tom Dodson and Associates
2150 N. Arrowhead Avenue
San Bernardino, CA 92405
909- 882- 3612
tda@tdaenv. com
Kaitlyn Dodson - Hamilton, Vice President at kaitlyn@tdaenv. com

21. UltraSystems Environmental, Inc.
16431 Scientific Way
Irvine, CA 92618
949- 788- 4900, extension 227
Betsy A. Lindsay, MURP, Founder / CEO at blindsay@ultrasystems. com

22. Willdan Engineering
650 E. Hospitality Lane, Suite 400
San Bernardino, CA 92408
909- 386- 0200
Salvador Lopez, Director of Planning at slopez@willdan. com

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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) SS.

CITY OF COLTON )

CERTIFICATION
I, ISAAC T. SUCHIL, City Clerk for the City of Colton, California, do hereby certify that the foregoing is a full, true and correct copy of RESOLUTION NO. R-29- 25, duly adopted by the City Council of said City, and approved by the Mayor of said City, at its Regular Meeting of said City Council held on the 20t' day of May 2025, and that it was adopted by the following vote, to wit:

AYES: COUNCILMEMBER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
Toro, Chastain, Gonzalez, Echevarria, Mayor
Navarro
None
None
None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Colton, California, this 20th day of May, 2025.

ISAAC T. SUCHIL
City Clerk
City of Colton
SEAL)

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-1

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

CASC ENGINEERING AND CONSULTING ON-CALL SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this 6th day of October, 2026, 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 CASC Engineering and Consulting, Inc., an environmental services firm, with its principal place of business at 1470 E. Cooley Drive, Colton, CA 92324 (“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 On-Call Environmental Document Preparation Services to public clients, is licensed in the State of California, and is familiar with the plans of City.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 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.

3.1.2 Term. The term of this Agreement shall be from October 6, 2026 to May 20, 2028, unless earlier terminated as provided herein.

3.2 Responsibilities of Consultant.

3.2.1 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, 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

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-2
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.

3.2.2 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.

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

3.2.4 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: Frank Coyle, Director of Planning.

3.2.5 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.

3.2.6 Consultant's Representative. Consultant hereby designates Frank Coyle, Director of Planning, 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.

3.2.7 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.

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-3

3.2.8 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 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.

3.2.9 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.

3.2.10 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.

3.2.10.1 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

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-4
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 subsections.

3.2.10.2 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 performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of 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, subsubcontractors 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.

3.2.10.4 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 non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 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.

3.2.10.5 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 fuelpowered 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.

3.2.10.6 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

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-5
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.

3.2.11 Insurance.

3.2.12 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.

3.2.11.2 Minimum 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 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

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-6
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.

3.2.11.3 Professional 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.

3.2.11.4 Insurance 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 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.

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-7
(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.

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

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any 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 self-insured 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 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.

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

3.2.11.9 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.

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-8

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.

3.2.13 Water Quality Management and Compliance.

3.2.13.1 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.

3.2.13.2 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.

3.2.13.3 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.

3.2.13.4 Liability for Non-compliance.
(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,

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-9
regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 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 two-hundred thousand dollars ($200,000) per Fiscal Years 2026/2027 through 2027/2028 totaling four-hundred thousand dollars ($400,000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. 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.

3.3.3 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.

3.3.4 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.

3.3.5 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.”

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the 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

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-10
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.

3.4.2 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.

3.4.3 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.

3.5 Accounting Records.

3.5.1 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.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 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.

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-11

3.6.1.2 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.

3.6.1.3 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.

3.6.2 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: CASC Engineering and Consulting
1470 E. Cooley Drive
Colton, CA 92324
ATTN: Frank Coyle, Director of Planning
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.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 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 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

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-12
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.

3.6.3.2 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.

3.6.3.3 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.

3.6.3.4 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.

3.6.3.5 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.

3.6.3.6 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,

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-13
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 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.

3.6.4 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.

3.6.5 Indemnification.

3.6.5.1 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.

3.6.5.2 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.

3.6.6 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.

3.6.7 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

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-14
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.

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

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

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

3.6.11 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.

3.6.12 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.

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

3.6.14 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.

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

3.6.16 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.

3.6.17 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

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-15
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.

3.6.18 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.

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

3.7 Subcontracting.

3.7.1 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]

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-16

SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND CASC

ENGINEERING AND CONSULTING

CITY OF COLTON CASC ENGINEERING AND CONSULTING
By: ____________________________ By: _________________________ William R. Smith Name:

City Manager Title:

Attest:

By: ____
Isaac T. Suchil
City Clerk

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-1
EXHIBIT "A"

SCOPE OF SERVICES
As a pre-qualified as-needed consultant to prepare environmental studies and/or documents in compliance with the California Environmental Quality Act (CEQA), CASC will submit a scope of work, schedule, and budget specific to each project request to the City of Colton for review prior to approval of any work.

(BB&K 2018)
23152.06000\30453088.2 Exhibit “B”-1
EXHIBIT "B"

SCHEDULE OF SERVICES
Detailed schedules will be provided on a project-by-project basis. The typical timeframes for the preparation and peer-review of technical studies and preparation of environmental documents are listed below. The typical timelines listed below does not include City review times.

Services Timeline
Peer-Review Technical Studies 2 weeks
Preparation of Technical Studies 2 – 6 weeks
Categorical Exemptions (CE) 2 – 4 weeks
Initial Studies (IS)/Negative Declaration
(ND)/Mitigated Negative Declaration (MND)
4 – 8 months
(inclusive of technical studies)
Environmental Impact Reports (EIR) 10 – 16 months
(inclusive of technical studies)
As stated in Exhibit A, a formal schedule will be prepared at the time a project-specific proposal is submitted.

(BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1
EXHIBIT "C"

COMPENSATION

Proposed Draft City Council
Professional Services Agreement for
Kimley-Horn On-Call Services
Term 10-06-2026 to 5-20-2028
ATTACHMENT 3

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-1

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

KIMLEY-HORN AND ASSOCIATES, INC ON-CALL SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this 6
th day of October, 2026, 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 Kimley-Horn and Associates, Inc., a civil engineering and environmental services firm, with its principal place of business at 3801 University Avenue, Suite 300, Riverside, CA 92501 (“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 On-Call Environmental Document Preparation Services to public clients, is licensed in the State of California, and is familiar with the plans of City.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, and services 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.

3.1.2 Term. The term of this Agreement shall be from October 6, 2026 to May 20, 2028, unless earlier terminated as provided herein.

3.2 Responsibilities of Consultant.

3.2.1 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, 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

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-2
for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. 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.

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

3.2.4 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: Kari Cano, Project Manager.

3.2.5 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.

3.2.6 Consultant's Representative. Consultant hereby designates Kari Cano, Project Manager, 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.

3.2.7 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.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-3
Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. 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.

3.2.9 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.

3.2.10 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.

3.2.10.1 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

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-4
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.

3.2.10.2 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 performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of 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.

3.2.10.4 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 non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 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.

3.2.10.5 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.

3.2.10.6 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

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-5
to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.11 Insurance.

3.2.12 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.

3.2.11.2 Minimum 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 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.

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-6

3.2.11.3 Professional 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

3.2.11.4 Insurance 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 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

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-7
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.

3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any 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 self-insured 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 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.

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

3.2.11.9 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.

3.2.13 Water Quality Management and Compliance.

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-8

3.2.13.1 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.

3.2.13.2 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.

3.2.13.3 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.

3.2.13.4 Liability for Non-compliance.
(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.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C"

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-9
attached hereto and incorporated herein by reference. The total compensation shall not exceed two-hundred thousand dollars ($200,000) per Fiscal Years 2026/2027 through 2027/2028 totaling fourhundred thousand dollars ($400,000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. 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.

3.3.3 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.

3.3.4 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.

3.3.5 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.”

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the 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.

3.4.2 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

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-10
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.

3.4.3 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.

3.5 Accounting Records.

3.5.1 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.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 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.

3.6.1.2 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.

3.6.1.3 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.

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-11

3.6.2 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: Kimley-Horn and Associates, Inc.
3880 Lemon Street, Suite 420
Riverside, CA 92501
ATTN: Kari Cano, 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.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 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 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.

3.6.3.2 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

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-12
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.

3.6.3.3 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.

3.6.3.4 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.

3.6.3.5 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.

3.6.3.6 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 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.

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-13

3.6.4 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.

3.6.5 Indemnification.

3.6.5.1 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 to the extent arising out of, pertaining to, or incident to any negligent 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.

3.6.5.2 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.

3.6.6 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.

3.6.7 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.

3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement. Consultant shall not have liability for any delays, expenses, losses, damages or be deemed in breach for liabilities which are caused by any factor outside of its reasonable control, including but not limited to natural disasters, epidemics, pandemics, quarantine restrictions, adverse weather, or acts of the City, third parties, or governmental agencies.

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

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-14

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

3.6.11 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.

3.6.12 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.

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

3.6.14 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.

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

3.6.16 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.

3.6.17 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.

3.6.18 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

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23152.06000\30453088.2 Exhibit “A”-15
Agreement and bind each respective Party.

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

3.7 Subcontracting.

3.7.1 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]

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23152.06000\30453088.2 Exhibit “A”-16

SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE
CITY OF COLTON AND KIMLEY-HORN AND ASSOCIATES, INC.

CITY OF COLTON KIMLEY-HORN AND ASSOCIATES, INC.

By: ____________________________ By: _________________________ William R. Smith Name: Leticia Alvarez
City Manager Title: Associate
Attest:

By: ____
Isaac T. Suchil
City Clerk

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23152.06000\30453088.2 Exhibit “A”-1
EXHIBIT "A"

SCOPE OF SERVICES
As a pre-qualified as-needed consultant to prepare environmental studies and/or documents in compliance with the California Environmental Quality Act (CEQA), Kimley-Horn will submit a scope of work, schedule, and budget specific to each project request to the City of Colton for review prior to approval of any work.

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23152.06000\30453088.2 Exhibit “B”-1
EXHIBIT "B"

SCHEDULE OF SERVICES
Detailed schedules will be provided on a project-by-project basis. The typical timeframes for the preparation and peer-review of technical studies and preparation of environmental documents are listed below. The typical timelines listed below does not include City review times.

Services Timeline
Peer-Review Technical Studies 2 weeks
Preparation of Technical Studies 2 – 6 weeks
Categorical Exemptions (CE) 2 – 4 weeks
Initial Studies (IS)/Negative Declaration
(ND)/Mitigated Negative Declaration (MND)
4 – 8 months
(inclusive of technical studies)
Environmental Impact Reports (EIR) 10 – 16 months
(inclusive of technical studies)
As stated in Exhibit A, a formal schedule will be prepared at the time a project-specific proposal is submitted.

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23152.06000\30453088.2 Exhibit “C”-1
EXHIBIT "C"

COMPENSATION

Item: 5.

Staff Report
Meeting Date: October 6, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Contract Award - Award Professional Services Agreement to Bartle Wells Associates to conduct a Rate Analysis of Water & Sewer Enterprises in the amount of $65,500.00.

Recommended Action:

Approve the award of a contract to Bartle Wells Associates in the amount $65,500.00 for the preparation of Rate Analysis of Water & Sewer Enterprises.

Background:

The City of Colton provides water service to approximately 11,000 service connections and 15,000 sewer connections, of which are residential, commercial, industrial and municipal accounts. The service area includes 14 square miles in the City of Colton and approximately 0.8 square miles of unincorporated area in San Bernardino County.

In 2024, the City completed and approved an update to the Water and Sewer Rates for a 5-year period ending July 1, 2028. The rate structure that was approved for water and sewer was intended to generate sufficient revenue to cover the expenditures for annual operation and maintenance, capital projects and debt service (annual principal + interest payments on outstanding debt). There are three motivations to seeking a review of the rates at this time: 1) verification regarding the projected trend for annual revenue versus expenditures assumed as part of the prior rate study, 2) reviewing the rate structure to ensure proper methodology, and 3) update capital project funding needs and impacts on rates moving forward.

Issues/Analysis:

On July 30, 2026, the City issued a Request for Proposal and Qualifications (RFPQ) for a Rate Analysis of Water and Sewer Enterprises on the BidNet portal. On August 20, 2026, the City received proposals from five (5) firms listed below.

1. Raftelis - $95,475

2. GDS Associates Inc - $85,700

3. NBS Government Finance Group - $81,000

4. Bartle Wells Associates - $65,500

5. The Shpigler Group - $51,160
The selection team made up of the Public Works and Utility Services Director and the Water/Wastewater Operations Manager reviewed the proposals for understanding of the project goals, experience of the consultant, completeness of the report, quality of the approach to complete the work, and cost. The selection team identified the proposal submitted by Bartle Wells Associates as the most responsive based on their qualifications and prior experience with related government engagements and distinguishing features of their proposal that aligned with the City’s requirements and the overall value to the City. It should be noted that NBS conducted the last couple of rates studies for the City, but staff believed that utilizing Bartle Wells Associates would be prudent to obtain a fresh perspective on the water and sewer rate structures.

Please note based on the project schedule, staff does not expect to have any information regarding the findings or recommendations from the consultants review until early 2027.

Fiscal Impacts:

The contract cost for the preparation of Water and Wastewater Rates and Fees Studies is $65,500.00, to be split evenly between the Water and Sewer Divisions. Sufficient appropriations are available in the adopted FY2026-27 budget as follows: Water Fund Professional Services 521-8100-8101-2350-0000-000 and Wastewater Fund Professional Services 522-8200-8200- 2350-0000-000.

Alternatives:

Provide alternate direction to staff.

Attachments:

1. Colton - BWA Professional Services Agreement

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23152.06000\30453088.2 -1-

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 6th day of October, 2026, 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 Bartle Wells Associates, a company in California with its principal place of business at 2625 Alcatraz Ave, Suite 602, Berkely, CA 94705 ("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 water and sewer rate analysis consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project; Colton Utility Authority.

City desires to engage Consultant to render such professional water and sewer rate analysis consulting services for the Rate Analysis of Water and Sewer Enterprises project ("Project") as set forth in this Agreement. Consultant understands that the City has entered into a Utility System Management Agreement, dated as of September 1, 2000, with the Colton Utility Authority (“CUA”) for the maintenance, management and operation of its Water Enterprise and Wastewater Enterprise (“CUA Management Agreement”). To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, City enters into this Agreement on behalf of the CUA and subject to the terms of the CUA Management Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all the labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional rate analysis 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.

3.1.2 Term. The term of this Agreement shall be from October 6, 2026 to June 30, 2027, unless earlier terminated as provided herein. 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

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23152.06000\30453088.2 -2-
complete the Services.

3.2 Fees and Payments.

3.2.1 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 sixth-five thousand five hundred dollars ($65,500) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 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.

3.2.3 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.

3.2.4 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.

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.”

3.3 Responsibilities of Consultant.

3.3.1 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, 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

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taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 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.

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

3.3.4 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: Kim Boehler.

3.3.5 City's Representative. The City hereby designates Chad Blais – Public Works and Utility 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 3.2 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.

3.3.6 Consultant's Representative. Consultant hereby designates Erik Helgeson - President, 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.

3.3.7 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.

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3.3.8 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 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.

3.3.9 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.

3.3.10 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.

3.3.10.1 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

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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 3.3.10 or any of its subsections.

3.3.10.2 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 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 3.3.10.1.

3.3.10.3 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, subsubcontractors or subconsultants to meet any of the requirements provided for in Sections

3.3.10.1 or 3.3.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section

3.3.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.3.10.4 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 non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 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.

3.3.10.5 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 fuelpowered 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.

3.3.10.6 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