THE REMAINDER OF THIS PAGE LEFT BLANK.
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20. SIGNATURES
20.1 Each signatory and Party hereto hereby warrants and represents to the other Party that it has legal authority and capacity and direction from its principal to enter into this AGREEMENT, and that all resolutions or other actions have been taken so as to enable it to enter into this AGREEMENT.
CITY: CONSULTANT:
By: _____________________________
Tina Friend, City Manager
By: ______________________________
Michael Crago
President, CEO
Date: _______________________________ Date: _______________________________ APPROVED AS TO CONTENT: __________________________________________ Leon P. Firsht, Director Date APPROVAL AS TO FORM: __________________________________________ Johanna N. Canlas, City Attorney Date ATTEST: ___________________________________________ Kelsea Holian, MMC, City Clerk Date
ATTACHMENT A SAMPLE TASK ORDER
ATTACHMENT B CONSULTANT CONFLICT OF INTEREST DETERMINATION
ATTACHMENT C PAYMENT FOR SERVICES
ATTACHMENT D SCHEDULE OF SERVICES
ATTACHMENT E LISTING OF SUBCONSULTANTS
ATTACHMENT F PREVAILING WAGE
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ATTACHMENT A - SAMPLE TASK ORDER
TASK ORDER: 25-SHO-001
Contract No. 25-PS-EN-984
Pursuant to that certain Agreement for Professional Services dated Month Day, Year Shoreline CPM, Inc.,
to provide the PROFESSIONAL
SERVICES as described herein and on the terms and conditions set forth in the AGREEMENT. 25-SHO-001-A SCOPE OF SERVICES
25-SHO-001-B PAYMENT FOR SERVICES
25-SHO-001-C SCHEDULE OF SERVICES
25-SHO-001-D LISTING OF SUBCONSULTANTS
CONSULTANT CITY
Shoreline CPM, Inc. City of Coronado ___________________________________ ___________________________________ Michael Crago Date President, CEO
Tina Friend, City Manager Date ___________________________________ Leon P. Firsht, Director Date Contract approved as to form: ___________________________________ Johanna Canlas, City Attorney Date
Attest: ___________________________________ Kelsea Holian, MMC Date City Clerk
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ATTACHMENT A - SAMPLE TASK ORDER
TASK ORDER: 25-SHO-001-A
SCOPE OF SERVICES
This task order hires CONSULTANT to provide project management services for the (described project). The work shall consist of the following:
Task 1: Project Review and Planning. Review all available information for the project. Meet with City staff to determine project objectives and requirements.
Task 2: Meetings. Attend meetings in person or virtually with staff, City consultants, outside agencies, stakeholders, residents, etc.
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ATTACHMENT A - SAMPLE TASK ORDER
TASK ORDER: 25-SHO-001-B
PAYMENT FOR SERVICES
A. PAYMENT FOR SERVICES: This Task Order shall be on a time and materials basis and fees shall not exceed $_______ in total. Payments to the CONSULTANT for the DESCRIBED SERVICES under this Task Order shall be made in the form of monthly payments due for each sub-task on a time and materials basis based on the actual and reasonable time spent by CONSULTANT in performing the subATTACHMENT C to the AGREEMENT, and the reimbursable expenses set forth in ATTACHMENT C to the AGREEMENT. No services will be invoiced or paid until the sub-task has been completed. All invoices submitted by the CONSULTANT shall show an hourly reconciliation of time spent on each sub-task and will be billed against this Task Order. The original invoice shall be provided for any subcontracted services. Normal processing time for payments is four (4) weeks.
B. COST ESTIMATE
Task Not to Exceed Cost
Task 1 $TBD
Task 2 $TBD
TOTAL $Sum of tasks
C. REIMBURSABLE SERVICES: All reimbursables shall be paid under the time and materials invoicing for each task performed.
written approval.
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ATTACHMENT A - SAMPLE TASK ORDER
TASK ORDER: 25-SHO-001-C
SCHEDULE OF SERVICES
CONSULTANT agrees to diligently pursue the DESCRIBED SERVICES in this Task Order. The following schedule contractually obligates the CONSULTANT to perform all services to meet the time duration for sub-task shown unless otherwise approved by CITY.
The CONSULTANT shall submit the deliverables within XX weeks of receipt of the executed Task Order.
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ATTACHMENT A SAMPLE TASK ORDER
TASK ORDER: 25-SHO-001-D
LISTING OF SUBCONSULTANTS
Listed below are any and all subconsultants which the CONSULTANT plans to employ under this AGREEMENT. No change is allowed without the prior approval of the Contract Officer.
SUBCONSULTANT SUBCONSULTANT ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ SUBCONSULTANT SUBCONSULTANT ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ SUBCONSULTANT SUBCONSULTANT ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ SUBCONSULTANT SUBCONSULTANT ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Attachment 6
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ATTACHMENT B
As-Needed Project Management Services
Contract No. 25-PS-EN-984
CONFLICT OF INTEREST DETERMINATION
CONSULTANT shall at all times comply with the terms of the Political Reform Act and the local conflict of interest ordinance. CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the CONSULTANT has a financial interest as defined in Government Code Section 87103.
CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the City.
CONSULTANT1
agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule, or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the CITY to enter into, modify, or renew a contract, provided it is the type of contract that requires CITY approval;
5. Grant CITY approval of a contract that requires CITY approval and to which the CITY is a party, or to the specifications for such a contract;
6. Grant CITY approval of a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the CITY, or for any subdivision thereof; or
(B) Serves in a staff capacity with the CITY and in that capacity participates in making a governmental decision as defined in Regulation 18704(a) and (b) or performs the same or substantially all the same duties for the CITY that would otherwise be performed by an individual holding a position specified in the CITY Interest Code.
1which case the Conflict of Interest Code may still apply. The Conflict of Interest Code, however, does not cover public works contractors.
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DISCLOSURE DETERMINATION:
X 1. CONSULTANT/CONTRACTOR will
as defined in Sections A and B
above. No disclosure required.
2. CONSULTANT/CONTRACTOR
A and B above. As a
result, CONSULTANT/CONTRACTOR shall file, with the City Clerk of the City of Coronado in a timely manner as required by law, a Statement of Economic Interest (Form 700), as required by the City of Coronado Conflict of Interest Code, and the Fair Political Practices Commission, to meet the requirements of the Political Reform Act.*
Signature Date
Name Leon P. Firsht, Director Department Public Services & Engineering City Attorney Approval of Determination
City Manager Approval of Determination
*The s disclosure of investments, real property, income, loans, business positions, and gifts, shall be limited to those reasonably related to the project for which CONSULTANT has been hired by the CITY.
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ATTACHMENT C
As-Needed Project Management Services
Contract No. 25-PS-EN-984
PAYMENT FOR SERVICES
A. Fees: CONSULTANT shall perform the DESCRIBED SERVICES on a time and materials basis, or fixed fee based on the actual and reasonable time spent on the DESCRIBED SERVICES set forth in the Task Order(s) according to the following hourly rates:
Hourly Rates
Position/ Job Title Hourly Rate
Project Manager $170
Ancillary Support $170
Total payments for any given Task Order shall not exceed the not to exceed amount set forth in such Task Order. The hourly rates set forth above are not subject to increase during the first year of the AGREEMENT.
B. Reimbursables: The professional fees set forth above shall include all materials and reimbursable expenses except as follows: TBD. No reimbursement shall be provided without the C. Payments: Payments to the CONSULTANT for the DESCRIBED SERVICES shall be made in the form of monthly payments due for each sub-task as set forth on the Task Order(s) on a time and materials basis based on the actual and reasonable time spent by CONSULTANT in performing the subabove, and the reimbursable expenses set forth above. No services will be invoiced or paid until the sub-task(s) has been completed as set forth in a given Task Order. All invoices submitted by the CONSULTANT shall show an hourly reconciliation of time spent on each sub-task and will be billed against the relevant Task Order. The original invoice shall be provided for any subcontracted services. Normal processing time for payments is four (4) weeks.
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ATTACHMENT D
As-Needed Project Management Services
Contract No. 25-PS-EN-984
SCHEDULE OF SERVICES
CONSULTANT agrees to diligently pursue the DESCRIBED SERVICES in this AGREEMENT and to perform all services to meet the time duration for each Task Order issued under this AGREEMENT unless otherwise approved by CITY.
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ATTACHMENT E
As-Needed Project Management Services
Contract No. 25-PS-EN-984
LISTING OF SUBCONSULTANTS
Listed below are any and all SUBCONSULTANTS that the CONSULTANT plans to employ under this AGREEMENT. Include DIR Contractor Registration Numbers where applicable. No change is allowed without the prior approval of the CONTRACT OFFICER.
SUBCONSULTANT SUBCONSULTANT _____________________________________ ______________________________________ _____________________________________ ______________________________________ _____________________________________ ______________________________________ _____________________________________ ______________________________________ SUBCONSULTANT SUBCONSULTANT ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ SUBCONSULTANT SUBCONSULTANT ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ SUBCONSULTANT SUBCONSULTANT ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Attachment 6
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ATTACHMENT F
STATE PREVAILING WAGE RATES AND OBLIGATIONS
Prevailing Wage Rates: This project is a public work in accordance with California Labor Code §§1720, et seq. It is the sole responsibility of the CONSULTANT to ensure that all workers employed in the execution of the AGREEMENT are paid the correct prevailing wage rate. CONSULTANT is required to comply with California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813 and 1815, which are incorporated by reference, and the CONSULTANT agrees to comply with all of the above-referenced provisions and all other statutes or regulations that may be applicable to the performance of the DESCRIBED SERVICES. Specifically, CONSULTANT agrees to:
a. Pay all workers not less than the general prevailing rate of per diem wages for work of similar character in the locality in which the public work is performed.
b. Pay all workers not less than the general prevailing rate of per diem wages for holiday and for overtime work that exceeds 8 hours in one day and 40 hours in one week. c. Adhere to the compliance measures outlined in Labor Code section 1775(b) for any subconsultant that the CONSULTANT chooses to use on this project.
d. Maintain, certify and make available for inspection, payroll records as required by Labor Code section 1776.
e. Comply with all apprenticeship requirements pursuant to Labor Code section 1777.5.
Not less than the State general prevailing wages, as determined by the Director of the Department of Industrial Relations, shall be paid by the CONSULTANT and its subconsultants to all workers employed on the project, as applicable. The statutory provisions for penalties for failure to pay prevailing wages and for failure to comply with state's wage and hour laws will be enforced.
CITY has obtained from the Director of the Department of Industrial Relations said Director s General Prevailing Wage Determinations for the locality in which the work is to be performed. Said determinations are on file and located at:
http://www.dir.ca.gov/DLSR/PWD
SB 854 Notice: CITY public works projects are subject to compliance monitoring and enforcement by the Department of Industrial Relations ( DIR ) in accordance with Labor Code Section 1771.4(a)(1). As part of this program, CONSULTANTS and subconsultants on Public Works Projects are required to be registered with the DIR in accordance with Labor Code Section 1725.5. Unregistered CONSULTANTS are not qualified to bid on, be listed in a bid, listed as a subconsultant, or engage in the performance of any public works contract, all as more particularly described in Labor Code Section 1771.1(a). CITY has no duty to accept a bid or enter into a contract without proof of the current registration pursuant to Labor Code Section 1771.1(b). The prime CONSULTANT shall be required to post the job site with all notices required by regulations per Labor Code Section 1771.4(a)(2), whether or not CITY also posts.
Labor Code Compliance: CONSULTANT shall comply with the provisions of the Labor Code requiring the payment of prevailing wages on public works, commencing with Section 1720. In accordance with Labor Code Section 1775, the CONSULTANT shall forfeit an amount, as determined by the Labor Commissioner, for each worker paid less than the applicable prevailing wage rate for the work or craft in which that worker is employed for any work done under the AGREEMENT by CONSULTANT or by any subconsultant. CONSULTANT agrees to pay the difference between the prevailing wage rate and amount paid to each worker in accordance with Labor Code Section 1775 (a)(2)(E).
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Pursuant to Labor Code Section 1770, the Director of the DIR has ascertained the general prevailing rate of per diem wages and a general prevailing rate for legal holiday and overtime work for each craft required for execution of the AGREEMENT. In accordance with Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file and can be viewed during normal business hours at Coronado City Hall, located at 1825 Strand Way, Coronado, CA 92118. CONSULTANT shall post a copy of the applicable prevailing wage rates at the job site.
Wage rates set forth are the minimum that may be paid by the CONSULTANT. Nothing herein shall be construed as preventing the CONSULTANT from paying more than the minimum rates set. No extra compensation whatsoever will be allowed by the CITY due to the inability of CONSULTANT to hire labor at minimum rates, nor for necessity for payment by CONSULTANT of subsistence, travel time, overtime, or other added compensations, all of which possibilities are elements to be considered and ascertained to CONSULTANT satisfaction in preparing its bid or entering into the AGREEMENT.
If it becomes necessary to employ crafts other than those listed in the General Prevailing Wage Rate, CONSULTANT shall obtain a wage rate determination. The rates thus determined shall be applicable as minimum from the time of initial employment. CONSULTANT shall be responsible for paying the applicable rate.
CONSULTANT and each subconsultant shall keep, certify and make available accurate payroll record in accordance with Labor Code Sections 1771.4(a)(3) and 1776. The record shall contain the names, addresses, social security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by CONSULTANT and/or subconsultant in connection with the DESCRIBED SERVICES. Payroll records shall be certified and shall be on forms provided by the Division of Labor Standards Enforcement, or shall contain the same information as d subconsultant's certified payroll records
for inspection at the principal office of the CONSULTANT.
Apprentices: CONSULTANT and each subcontractor shall comply with the requirements of Labor Code Section 1777.5, and any related regulations regarding the employment of registered apprentices. Properly registered apprentices shall be employed in the execution of the DESCRIBED SERVICES at the ratios required, but in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work. Every apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only at the work of the craft or trade to which the apprentice is registered. The CONSULTANT shall be responsible for compliance with Labor Code Section 1777.5 for all apprenticeable occupations.
ensation: CONSULTANT and each subcontractor will be required to secure the payment of compensation to his or her employees and shall comply with the requirements of Labor Code Section 3700, and any related regulations regarding
In signing this AGREEMENT, CONSULTANT certifies as follows:
California Labor Code. I am aware
of and will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workers Compensation or to undertake self-insurance before commencing any of the work. I further certify that if I should consult, contract or subcontract with any person, firm, or company to do all or any part of the work for which this AGREEMENT covers, I shall assure compliance by that contractor/consultant or subcontractor/subconsultant with Sections 3700 and 3800 of the State Labor Code. I further certify that all consultants and contractors (both primary and subcontractors/subconsultants) are registered with the State of Attachment 6
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CITY COUNCIL STAFF REPORT
February 18, 2025 5g
SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CORONADO, CALIFORNIA, AMENDING TITLE 36 OF THE CORONADO MUNICIPAL CODE TO ADD CHAPTER 36.28 RELATED TO POLYSTYRENE AND SINGLEUSE PLASTICS REGULATIONS RECOMMENDATION:
Determine that the proposed ordinance is exempt from CEQA review based upon the common sense exemption under State CEQA Guidelines Section 15061(b)(3) and under exemptions for actions to protect natural resources and the environment under CEQA Guidelines sections 15307 and 15308, conduct the second reading and adopt Ordinance No. 2025-01, “An Ordinance of the City Council of the City of Coronado, California, amending Title 36 of the Coronado Municipal Code to add Chapter 36.28 related to Polystyrene and Single-Use Plastics Regulations.” BACKGROUND:
At the February 4, 2025, meeting, the City Council introduced Ordinance No. 2025-01R to related to regulation of polystyrene and single-use plastics and provided direction on additional regulations related to carryout bags, compostable foodware and foodware accessories, and polystyrene items.
ANALYSIS:
In addition to corrections of minor typographical errors and renumbering, the attached draft ordinance includes the following revisions that capture direction given by City Council on February 4, 2025:
• Revision to § 36.28.050 to strike “reusable grocery bags” from sections B and C to prohibit distribution of reusable grocery bags at the point of sale. Modification to this section also necessitated additional language in the definition of “Carryout bag”, the addition of a new definition for “Reusable grocery bag”, and a new section § 36.28.050(G) to clarify that reusable grocery bags may be distributed outside of the point of sale. • Addition of language to the definition of “Compostable”, clarifying that compostable materials are those that are accepted as organic waste by the City’s waste hauler. On February 7, 2025, the City’s waste hauler, EDCO, has provided new information to staff that bamboo materials are no longer accepted as organic waste, and only uncoated paper take out containers and straws, and uncoated/untreated 100% wood foodware and foodware accessories are accepted.
• Addition of § 36.28.080 to add a prohibition on sale of polystyrene foodware, foodware accessories, ice chests, and coolers. For clarity and consistency, language was added to the definition for “Foodware” to capture beverage containers that may be made of polystyrene or single-use plastic.
The above modifications are shown in strikeout/underline in the attached draft ordinance.
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FISCAL IMPACT:
There will be minimal fiscal impact associated with publicizing the prohibition of single use plastics. That and other outreach and enforcement efforts can be achieved with existing budget.
ALTERNATIVE:
The City Council may choose not to adopt the ordinance and provide further direction to staff.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The proposed ordinance is exempt from CEQA review based upon the common sense exemption under State CEQA Guidelines Section 15061(b)(3) and the reasoning of the California Supreme Court in the case of Save the Plastic Bag Coalition v. City of Manhattan Beach (2011) 52 Cal.4th 155, and the Court of Appeal cases of Save the Plastic Bag Coalition v. City and County of San Francisco (2013) 222 Cal.App.4th 863 and Save the Plastic Bag Coalition v. County of Marin (2013) 218 Cal.App.4th 209. The City’s adoption of ordinance will not have any substantial or contributive effects on the local or broader environment. The City’s small size and retail sector, its minor contribution to regional landfills, and many residents’ adoption of reusable alternatives all demonstrate that adoption of the ordinance will not have any substantial or potentially substantial, adverse changes in the physical environment. Moreover, the ordinance will enhance, rather than degrade, the local environment by removing sources of plastic waste from the environment and that pose potential hazards to marine life. For these reasons, the ordinance is also exempt from CEQA review under CEQA Guidelines sections 15307 and 15308, which exempt actions by agencies for the protection of natural resources and the environment. The ordinance identifies prohibitions and procedures intended primarily for the protection of the environment, and the City is adopting the ordinance to promote the general welfare consistent with its municipal regulatory powers. (Save the Plastic Bag Coalition v. City and County of San Francisco (2013) 222 Cal.App.4th 863; Save the Plastic Bag Coalition v. County of Marin (2013) 218 Cal.App.4th 209.) The ordinance will not relax any environmental standards, and there are no applicable exceptions to the exemptions in this case.
PUBLIC NOTICE:
In lieu of publication of the ordinance in its entirety, the City Clerk will publish a summary of the ordinance a minimum of five days prior to adoption, and again within 15 days after adoption of the ordinance.
ATTACHMENTS:
1. Ordinance 2025-01
Submitted By: Community Development Department / Tricia Olsen City of Coronado Page 290
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ORDINANCE NO. 2025-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CORONADO, CALIFORNIA, AMENDING TITLE 36 OF THE
CORONADO MUNICIPAL CODE TO ADD CHAPTER 36.28
RELATED TO POLYSTYRENE AND SINGLE-USE PLASTICS
REGULATIONS.
WHEREAS, a primary problem with single-use polystyrene and plastic is that they do not biodegrade and are easily transported into the environment, including marine environments, where they can accumulate indefinitely; and
WHEREAS, because the City of Coronado is surrounded by coastal waters and marine ecosystems, there is a strong possibility that single-use polystyrene and plastic waste discarded in the City can be transported into the local environment where it can accumulate as blight and pose risks to marine and other life; and
WHEREAS, the City Council of the City of Coronado (“City Council”) finds that because the City of Coronado is a coastal community, the City has the opportunity to reduce the amount of polystyrene and plastic debris through prohibitions on single-use plastic and polystyrene food packaging and other products; and
WHEREAS, the City Council finds that regulating the use and sale of polystyrene and single-use plastic items within the City will reduce the amount of polystyrene and plastic debris that enters the marine environment from the City; and,
WHEREAS, the City Council directed staff at its public meeting on December 3, 2024, to establish a policy and Municipal Code regulation (“Amendments”) related to single-use food packaging and other plastic materials, expanding on existing and pending state legislation; and, WHEREAS, the City Council directed staff to establish implementation schedules, educational materials, and exemptions and waivers related to the Amendments; and WHEREAS, these Amendments related to polystyrene and single-use plastic items are exempt from review under the California Environmental Quality Act based upon the common sense exemption under CEQA Guidelines Section 15061(b)(3) and the reasoning of the California Supreme Court in the case of Save the Plastic Bag Coalition v. City of Manhattan Beach (2011) 52 Cal.4th 155, and the Court of Appeal cases of Save the Plastic Bag Coalition v. City and County of San Francisco (2013) 222 Cal.App.4th 863 and Save the Plastic Bag Coalition v. County of Marin (2013) 218 Cal.App.4th 209, because the Amendments will not have any substantial or contributive effects on the local or broader environment; and based on CEQA Guidelines sections 15307 and 15308, which exempt actions by agencies for the protection of natural resources and the environment, because the Amendments identify prohibitions and procedures intended for the protection of the environment and the City is adopting the ordinance to promote the general welfare consistent with its municipal regulatory powers.
NOW THEREFORE, the City Council of the City of Coronado, California DOES HEREBY ORDAIN as follows:
Section 1.
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All of the above statements are true and incorporated herein.
Section 2.
Title 36 of the Coronado Municipal Code is hereby amended to add Chapter 36.28 to read as follows:
SEE EXHIBIT “A”
Section 3.
Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.
EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of Coronado shall cause this ordinance to be published pursuant to the provisions of Government Code Section 36933.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Coronado, California, on the 4th day of February 2025; and PASSED, ADOPTED, AND APPROVED by the City Council of the City of Coronado at a regular meeting thereof this 18th day of February 2025 by the following vote to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
_____________________________
JOHN D. DUNCAN, Mayor of the
City of Coronado, California
ATTEST:
_______________________________
KELSEA HOLIAN, City Clerk of the
City of Coronado, California
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*****
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO: ss.
CITY OF CORONADO)
I, Kelsea Holian, City Clerk of the City of Coronado, hereby certify that the foregoing ORDINANCE NO. 2025-01 passed at the 18th day of February 2025 after having been read at the regular meeting of said City Council held on the 4th day of February 2025. ________________________________
Kelsea Holian, City Clerk of the
City of Coronado, California
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EXHIBIT “A”
Chapter 36.28
POLYSTYRENE AND SINGLE-USE PLASTICS REGULATIONS
§ 36.28.010 Intent and purpose.
It is the intent and purpose of this chapter to protect wildlife, the public, and the environment by reducing harmful litter and marine debris and improving the cleanliness of the City’s public areas and beaches. This chapter aims to increase quality of life for residents, businesses, and visitors through prohibition and regulation of polystyrene and single-use plastic foodware and foodware accessories, plastic bottled beverages, plastic bags, and balloons filled with a gas that is lighter than air. Regulated entities are encouraged, but not required, to take actions in addition to the requirements of this chapter that support the goal of reducing the use of single-use plastic and polystyrene products and waste generated by these products. § 36.28.020 Definitions.
For purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section, unless it is obvious from the context that another meaning is intended:
A. “Balloon” means a nonporous and flexible bag or sack made from materials such as rubber, latex, polychloroprene, nylon fabric, or Mylar, designed to be inflated or filled with air, gas, or fluid. Balloons are typically used as a toy, decoration, or for other entertainment purposes.
B. “Biodegradable” means a material to decompose into elements normally found within nature within a reasonably short period of time after disposal.
C. “Carryout bag” means a bag provided at the check stand, cash register, point of sale, or other location for transporting food or merchandise out of a retail establishment or food service provider’s premises. This does not include produce bags or product bags, nor certified reusable grocery bags that are not located or distributed at the point of sale.
D. “City or “City of Coronado” means the entity governing the incorporated territory of the City of Coronado, California.
E. “City event” means any event organized or sponsored by the City of Coronado or any department of the City of Coronado.
F. “City facility” means any building, structure, property, park, public space, or vehicle owned, leased, or operated by the city.
G. “City funds” means all monies or other assets managed by or under the City’s control, excluding funds received by business improvement districts.
H. “Compostable” means material that can be broken down into, or otherwise become part of, usable compost in a safe and timely manner, and is accepted as organic waste by the City’s waste hauler.
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I. “Distribute” means to sell, offer for sale, give, or provide an item either separately, as part of another transaction, or as a complementary service.
J. “Enforcement agency” means the City of Coronado or its authorized agents responsible for compliance.
K. “Enforcement official” means the City of Coronado or its authorized agents responsible for compliance.
L. “Food service provider” means any entity providing or selling prepared food or beverages.
M. “Foodware” means items used for containing, serving, or consuming prepared food or beverages.
N. “Foodware accessory” means utensils and related items used in conjunction with prepared food, such as straws, stirrers, and condiment cups.
O. “Gas lighter than air” means a gas with lower density than atmospheric gases, such as helium, hydrogen, or methane.
P. “Person” means any individual, business, organization, or public or private entity.
Q. “Single-use plastic bottled beverage” means water, soda, juice, or other consumable beverages sold in rigid plastic bottles of one liter or less and that are intended for single use.
QR. “Plastic” means an organic synthetic or processed material containing thermoplastic or thermosetting polymers and that can be made into objects, films, or filaments.
R. “Polystyrene” means a synthetic resin which is a styrene polymer, including Styrofoam.
S. “Prepared food” means food or beverages which are prepared and/or served on the food service provider’s premises and that may be eaten either on or off of the premises.
T. “Recyclable” means material that can be sorted, cleansed, and reconstituted for reuse using the City’s available recycling programs.
U. “Regulated entities” means food service providers, retail establishments, City facilities, City-affiliated events, and other entities governed by the chapter.
V. “Retail establishment” means any business selling goods for consumer use, excluding food service providers.
W. “Reusable” means items designed for extended, repeated use and that are capable of being sanitized.
XY. “Reusable grocery bag” means a grocery bag that has been designated a certified reusable grocery bag by CalRecycle per Public Resources Code sections 42281.5 and 42282, and which is not located or distributed at the point of sale.
YX. “Single-use” means items designed for one-time or limited use before final disposal.
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Z. “Single-use plastic bottled beverage” means water, soda, juice, or other consumable beverages sold in rigid plastic bottles of one liter or less and that are intended for single use.
AA. “Third-party food delivery platform” is defined in California Health and Safety Code Section 113930.5.
§ 36.28.030. Prohibition on polystyrene and single-use plastic foodware.
A. Regulated entities shall not provide prepared food in foodware made, in whole or in part, from polystyrene or single-use plastic. Regulated entities shall only use and distribute foodware and foodware accessories upon request, and such requested foodware and foodware accessories must be reusable, recyclable, or compostable.
B. Regulated entities shall comply with the requirements of this chapter for both on-premises dining and for any method of ordering prepared food for offsite consumption, including inperson, telephone, drive-through, self-serve, web, or other digital order, or through a thirdparty food delivery platform.
C. Regulated entities must allow customers to use their own reusable drinking cups, mugs, and bottles. Food service providers may refuse, at their sole discretion, any customer provided cup that is inappropriate in size, material, or condition for the intended beverage, or that appears to be unsanitary.
D. Notwithstanding subsection A of this section, a food service provider may use noncompostable foil wrappers if those wrappers are necessary to contain and form the prepared food (e.g., for burritos or wraps), provided that such wrappers are accepted in the city's recyclable materials collection program.
§ 36.28.040. Foodware accessories requirements.
A. Regulated entities shall only distribute single-use foodware accessories that are reusable, recyclable, and/or compostable, and that are not made of polystyrene or single-use plastic.
B. Regulated entities shall not distribute any single-use foodware accessory unless it is requested by the consumer.
C. Regulated entities shall comply with the requirements of this section for both on-premises consumption of prepared food and or any method of ordering prepared food for offsite consumption, including in-person, telephone, drive-through, self-serve, web, or other digital order, or through a third-party food delivery platform. § 36.28.050. Carryout bag requirements.
A. A retail establishment or food service provider in the city shall not provide a carryout bag to a customer at the point of sale, except as provided for in this chapter.
B. Retail establishments may distribute only reusable carryout bags or recyclable paper carryout bags for bags for the purpose of carrying away goods, merchandise, or other items from the point of sale, in accordance with this chapter, and may not use carryout City of Coronado Page 296
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bags made from polystyrene or single-use plastic.
C. Food service providers may distribute only reusable carryout bags or recyclable paper bags for the purpose of carrying away prepared food or other goods from the point of sale, in accordance with this chapter, and may not use carryout bags made from polystyrene or single-use plastic.
D. As may be allowed by state law, food service providers may use plastic product bags or produce bags for takeout or delivery orders to hold containers of prepared food items that are liquids susceptible to spilling, such as soups, if specifically needed to prevent spilling during transport.
E. Food service providers shall comply with the requirements of this section for both onpremises consumption of prepared food and or any method of ordering prepared food for offsite consumption, including in-person, telephone, drive-through, self-serve, web, or other digital order, or through a third-party food delivery platform.
F. Nothing in this chapter prohibits customers from using bags of any type that they bring to a retail establishment or food service provider themselves, or from opting not to use a carryout bag.
G. This section does not prohibit use or distribution of reusable grocery bags, as defined herein, within a retail establishment or food service provider that are not located or distributed at the point of sale.
§ 36.28.060. Carryout bag charge.
A. As required by state law, retail establishment or food service provider that provides recyclable paper bags or reusable carryout bags at the point of sale shall charge the customer no less than 10 cents for each bag provided.
B. The retail establishment or food service provider shall inform the customer of the 10-cent charge prior to completing the transaction and shall separately itemize such charge on the sales receipt.
C. A retail establishment or food service provider shall not require a customer to use, purchase, or accept a carryout bag as a condition of sale of any product. § 36.28.070. Sale, Distribution, and Intentional release of balloons.
A. No person, including but not limited to, a balloon wholesaler, retailer, or third-party vendor, shall sell or distribute any type of balloon inflated with a gas lighter than air within the City, either as a separate item or included in a packaged product set.
B. No person shall dispose of any balloon inflated with a gas lighter than air within the City in any manner, including release outdoors into the air, other than in a trash container.
C. This section shall not apply to manned hot air balloons or balloons used for governmental or scientific research projects.
§ 36.28.080. Prohibition on sale of polystyrene.
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A. Regulated entities shall not distribute or sell foodware or foodware accessories made, in whole or in part, from polystyrene.
B. Regulated entities shall not distribute or sell ice chests or food and beverage coolers made, in whole or in part, from polystyrene.
§ 36.28.0980. City facilities and city-affiliated events.
A. Foodware and foodware accessories distributed at City facilities and City events shall be in accordance with the requirements of this chapter.
B. Foodware and foodware accessories made of polystyrene, single-use plastic, or any material that is not biodegradable, compostable, reusable, or recyclable, shall not be distributed at city facilities and city events.
C. Single-use plastic carryout bags shall not be distributed at City facilities and City events.
D. Single-use plastic bottled beverages shall not be distributed at City facilities and City events.
E. Containers used in lieu of rigid plastic bottles to serve beverages, such as reusable cups and bottles for use at beverage refill stations, shall comply with the single use food ware requirements set forth in this chapter and any other provisions of this code or other applicable law.
§ 36.28.1090. City funds.
A. The City, its departments, agents, employees, or designees acting in their official capacity as representatives of the city, shall not purchase or otherwise procure foodware or foodware accessories that are made of polystyrene, single-use plastic, or that is not biodegradable, compostable, recyclable or reusable.
B. City funds utilized in any manner, including purchase orders, purchasing cards, and grant money, shall not be used to purchase foodware or foodware accessories that does not comply with the requirements of this chapter.
C. City funds utilized in any manner, including purchase orders, purchasing cards, grant money, reimbursements, or other expenditures shall not be used to purchase plastic bottled beverages, except as otherwise permitted under this chapter. § 36.28.1100. Exemptions.
A. A retail establishment or food service provider that makes reusable carryout bags or recyclable paper bags available for purchase at the point of sale in accordance with this chapter shall provide a reusable carryout bag or a recyclable paper bag at no cost to a customer using either:
1. A payment card or voucher issued by the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing City of Coronado Page 298
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with Section 123275) of Chapter 1 of Part 2 of Division 106 of the California Health and Safety Code; or
2. An electronic benefit transfer (EBT) card issued pursuant to Section 10072 of the California Welfare and Institutions Code.
B. The provisions of this chapter shall not apply in the following circumstances:
1. In cases of emergency or other situations where the City Manager or designee finds that relying on polystyrene or single-use plastic foodware, foodware accessories, or plastic bottled beverages is necessary to protect the public health, safety and welfare, and no reasonable alternative will serve the same purpose.
2. Where specific hydration requirements exist for employees working outside and no reasonable alternative to plastic bottled beverages will serve the same purpose.
C. Entities excluded from the requirements of this chapter include correctional institutions, health care facilities, residential care facilities, and public and private school cafeterias, as defined in California Public Resources Code Section 42273.
D. Nothing in this chapter shall restrict, or be construed to constrict, the availability and provision of single-use plastic straws requested by a consumer with a disability or other medical or health condition or circumstance. It shall not be a violation of this chapter for a regulated entity to provide a single-use plastic straw to such individuals that specifically request plastic straws in accordance with this subsection.
E. The City Manager or designee may exempt certain item(s) from the provisions of this chapter, if the City Manager or designee determines in writing that enforcement of the chapter would cause undue hardship on specific persons or entities, and/or that no reasonably feasible alternative is available, until the City Manager or designee determines that a feasible alternative is available.
F. The City Manager or designee may adopt rules, regulations, or forms for regulated entities to obtain full or partial temporary waivers for up to six months from one or more requirements of this chapter. The subject of such waivers may include feasibility- or hardship-based exemptions. The City Manager or designee may also adopt an administrative fee for waiver applications, as well as a process for waiving administrative fees for certain applicants.
§ 36.28.1210. Education.
A. The City Manager, or designee, shall develop educational materials to inform City residents and regulated entities of the requirements of this chapter. The educational materials shall be developed prior to the commencement of enforcement of this chapter, 180 days after this ordinance takes effect.
§ 36.28.1320. Enforcement.
A. The enforcement agency and enforcement official may exercise any code enforcement City of Coronado Page 299
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powers and procedures as provided in Title 1 of this code. The enforcement agency and enforcement official shall enforce the requirements set forth in this chapter commencing 180 days after this ordinance takes effect.
B. The City Manager or designee is authorized to establish rules and regulations and to take any and all actions necessary for the administration and enforcement of this chapter. Such actions may include inspecting the premises of the retail establishment or food service provider to verify compliance with this chapter.
C. Violation of any provision of this chapter shall constitute an infraction, punishable pursuant to Title 1 of this code.
D. Violation of any provision of this chapter shall constitute grounds for enforcement through issuance of administrative citations, in conformance with Chapter 1.10 of this code.
E. Violation of any provision of this chapter may constitute grounds for retention of all, or a portion of, any deposit paid to the City relating to City-affiliated events or other approved use of City facilities where the violation occurred, such as facility rental deposits.
F. A person that violates any provision of this chapter in connection with a special event on three or more instances within a one-year period shall be prohibited from obtaining a special event permit under Chapter 20.30 of this code for a period of one year.
G. Each violation of this chapter shall constitute a separate violation.
H. Nothing in this chapter shall prevent the city's enforcement official from obtaining compliance by way of warning, administrative remedies contained in this code, educational means, or any other civil or administrative remedies available under this code or other applicable law. Such remedies and penalties shall be cumulative and not exclusive.
I. Each regulated entity shall maintain records demonstrating compliance with the requirements of this chapter and make such records available for inspection upon request of the City Manager or designee.
J. The City Attorney is authorized to pursue all available administrative, civil, and criminal remedies set forth in this code to enforce this chapter. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter. § 36.28.1430. No conflict with state law.
This chapter is intended to work in conjunction with state law related to single-use carryout bags and single-use plastics, and entities regulated under the California Public Resources Code or other state polystyrene and single-use plastics statutes and regulations shall continue to comply with those requirements. Regulated entities subject to the requirements of the California Public Resources Code or other state polystyrene and single-use plastics statutes and regulations shall comply with the requirements of this chapter, to the extent that such requirements are not preempted by the California Public Resources Code or other state polystyrene and single-use plastics statutes and regulations.
§ 36.28.1530. Severability.
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If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this chapter or the application of the chapter to persons or circumstances not similarly situated.
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CITY COUNCIL STAFF REPORT
February 18, 2025 5h
APPROVAL OF AS-NEEDED GEOTECHNICAL ENGINEERING SERVICES WITH KLEINFELDER, INC. AND NINYO & MOORE FOR AN INITIAL THREE-YEAR TERM RECOMMENDATION:
1. Award professional services agreements for as-needed geotechnical engineering services to Kleinfelder, Inc. and Ninyo & Moore for an initial three-year term in accordance with Coronado Muncipal Code (CMC) 8.05.020(D); and
2. Authorize the City Manager to execute future renewal options for years four and five of the agreements, as needed.
BACKGROUND:
The Public Services and Engineering Department (PS&E) utilizes consultants for specialty work beyond the City’s staffing scope. To meet variable workload demands, as-needed professional service agreements (agreements) are executed with qualified firms which allow staff to negotiate individual task orders in an expeditious manner based on the scope of work required for specific projects or tasks. Historically consultants have been utilized primarily for civil engineering design, storm water quality program implementation, geotechnical engineering and testing, and construction management and inspection services.
PS&E is recommending two as-needed agreements for geotechnical engineering consulting services be authorized in accordance with past practice and to maintain resources available to staff in order to deliver capital improvement projects and maintenance-related improvements.
A Request for Qualifications (RFQ) for Geotechnical Engineering Services pursuant to CMC
8.04.080 was issued by PS&E on September 26, 2024. The scope of services requested by the City in the RFQ included, but was not limited to, demonstrated experience in the following types of work:
• Foundation and pavement design;
• Seepage control,dewatering and groundwater analysis, and slope stability and protection;
• Material testing, hazardous materials assessment, and seismic stability; • Subsurface geotechnical investigation and field exploration; and • Inspection and monitoring of construction activities.
ANALYSIS:
The RFQ period closed on November 6, 2024, with seven firms submitting qualifications. The City’s evaluation committee reviewed each submittal against the scoring criteria described in the City’s RFQ. The firms that submitted qualifications, along with the final selections, are listed in the table below:
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Table 1: Summary of Responses to RFQ for As-Needed Geotechnical Consulting Services
Submitted Qualifications Recommended
ENGEO
Geocon
Kleinfelder, Inc. X
MTGL Inc.
Ninyo & Moore X
Twining
UES
Staff recommends agreements be issued to Kleinfelder, Inc. and Ninyo & Moore. As recommended, the professional services agreements would be in effect for an initial period of three years with the ability to extend the contract, via one-year extensions, for a total of five years.
Both firms’ hourly rates for professional services were found to be fair and reasonable based on the responses received. Task orders will be issued in accordance with the City’s purchasing procedures and funded from capital improvement program project funds or operating budgets.
Any task orders more than the City Manager’s signing authority or that require appropriations will be presented to the City Council for approval.
It is important to note that the City may seek qualifications from other firms to provide professional services at any time; some of the reasons that additional solicitations may be sought include unique or specialized scope of work; inability to negotiate a fair and reasonable fee; project is of sufficient size or interest that additional solicitation is warranted; etc.
FISCAL IMPACT:
There is no immediate fiscal impact, as fees will be negotiated per task order based on project scope and needs.
Typically, geotechnical engineering services account for 4% to 6% of total construction costs, though costs vary based on project size, scope, and complexity. Task orders will be funded through applicable capital improvement project budgets or operating budgets, ensuring financial flexibility.
ALTERNATIVE:
The City Council may reject all proposals and direct staff to solicit proposals on a project-byproject basis.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
Not Applicable.
PUBLIC NOTICE:
No notice required.
ATTACHMENTS:
1. Professional Services Agreement - Kleinfelder, Inc.
2. Professional Services Agreement – Ninyo & Moore
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Submitted By: Public Services and Engineering Department / Mike McCall City of Coronado Page 304
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1 AGREEMENT FOR PROFESSIONAL SERVICES
KLEINFELDER, INC.
Contract No. 25-PS-EN-974
This AGREEMENT is made and entered into as of the date of execution by the City of Coronado, a California and Kleinfelder,
A California Corporation,
entity is a joint venture such entity is encompassed within the meaning of the term
RECITALS
The CITY requires the services of a CONSULTANT to provide on-call professional geotechnical engineering services to the Public Services and Engineering Department. These services generally consist of on-call professional geotechnical engineering consulting services related to construction inspection of the Capital Improvement Program (CIP) projects or other CITY projects. The work to be performed by CONSULTANT shall be referred to herein as , and is described more fully in ATTACHMENT A.
CONSULTANT represents itself as being a professional engineering firm, qualified Project Manager, etc., possessing the necessary experience, skills, and qualifications to provide the services required by the CITY. CONSULTANT warrants and represents that it has the necessary staff to deliver the services within the time frame herein specified.
On February 18, 2025, the City Council for the CITY approved this AGREEMENT and authorized the City Manager or City
s Public Services and Engineering Director s
CONTRACT OFFICER
CONSULTANT, approve actions, request changes, and approve additional services. The Assistant Director shall serve as the Project Coordinator.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CITY and CONSULTANT (collectively referred to as the PARTIES agree as follows:
1.0 TERM OF THE AGREEMENT
1.1 This AGREEMENT shall be effective beginning the day, month and year of the execution of this document by the CITY. The AGREEMENT shall be in effect for a term of three years. The CITY shall have the option to extend the AGREEMENT, if agreed to by the CONSULTANT, for two additional one-year terms.
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1.2 The CONSULTANT shall commence the performance of the DESCRIBED SERVICES immediately upon execution of this AGREEMENT. Time is of the essence in this AGREEMENT.
Failure to meet the schedule contained in an issued task order for this AGREEMENT is a default by the CONSULTANT.
1.3 A delay occasioned by causes beyond the control of CONSULTANT may merit an extension of time for the completion of the DESCRIBED SERVICES. When such delay occurs, CONSULTANT shall immediately notify the CONTRACT OFFICER in writing of the cause and the extent of the delay, whereupon the CONTRACT OFFICER shall ascertain the facts and the extent of the delay and may grant an extension of time for the completion of the DESCRIBED SERVICES when justified by the circumstances. CONSULTANT acknowledges and agrees that delays arising out of or related to COVID-19 or related federal, state or local laws, regulations, orders, rules, policies or guidance will not merit an extension of time. CONSULTANT represents and warrants that it can perform the DESCRIBED SERVICES competently and in a timely fashion and has taken into account circumstances and delays that may occur as a result of or arising out of COVID-19 or applicable laws related thereto in entering into this AGREEMENT.
1.4 This AGREEMENT may be terminated in accordance with the provisions contained in this AGREEMENT.
1.5 Renewal or Extension Provisions. This AGREEMENT shall be in effect for a term of three (3) years with two (2) one-year renewal options upon mutual consent. Prices shall remain firm for the first year of the AGREEMENT. Subsequent to the first year, and upon mutual agreement, an annual price increase, no greater than the Consumer Price Index for the San Diego Region, may be implemented. The CITY shall have the option to extend the AGREEMENT, if agreed to by the CONSULTANT, as provided herein.
2.0 CONSULTANT'S OBLIGATIONS AND SCOPE OF WORK (ATTACHMENT A)
2.1 CONSULTANT shall provide the CITY with the professional geotechnical engineering services that are described in ATTACHMENT A and are hereinafter referred to as the
2.2 Task Orders. The DESCRIBED SERVICES shall be performed in accordance with multiple, individual task orders issued by the CITY to CONSULTANT, each in the form set forth ally numbered, signed, dated, and have appended to it
sections A, B and C that are specific to the particular Task Order. The scope of each Task Order will be specifically defined in its Section A, SCOPE OF WORK, each of which upon signature is incorporated herein into the definition of DESCRIBED SERVICES by this reference. The agreed to fees for the scope of work for the Task Order, will be set forth in Section B, PAYMENT FOR SERVICES.
2.2.1 The CONSULTANT shall respond to each Task Order with a detailed proposal Attachment 1
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of the Task Order, a project schedule with milestones, a list of deliverables, the proposed CONSULTANT project manager and any other staff assigned to work on the task, and billing rates for all assigned staff.
2.2.2 The CITY and CONSULTANT shall agree on a schedule for the completion of the defined scope of the Task Order, which shall be set forth in its Section C, SCHEDULE OF SERVICES. Section D of each Task Order will be included as necessary to list SUBCONSULTANTS.
2.2.3 Once an agreement has been reached between the CITY and CONSULTANT on any given Task Order, the PARTIES shall execute the Task Order and the CITY shall issue a Notice to Proceed with the agreed-upon scope of work, schedule, deliverables, and assigned staff.
The CONSULTANT shall commence work immediately on each Task Order when issued a Notice to Proceed. The Task Orders and all their corresponding sections (i.e., A, B, C, and D) form the specific tasks to be performed as part of the DESCRIBED SERVICES and when executed shall be fully incorporated into this AGREEMENT by this reference. CONSULTANT is not authorized to perform any work until the Task Order is executed by both PARTIES and the CITY issues a Notice to Proceed.
2.3 CONSULTANT shall perform all the tasks required to accomplish the DESCRIBED SERVICES in conformity with the applicable requirements of federal, state, and local laws in effect at the time that the DESCRIBED SERVICES are being performed and at the time that the scope of work is substantially completed by the CONSULTANT. a. The CONSULTANT is responsible for ensuring the professional quality, technical accuracy, and coordination of all services and documents furnished by the CONSULTANT under this AGREEMENT.
b. The CONSULTANT shall be obligated to comply with applicable standards of professional care in the performance of the DESCRIBED SERVICES. CITY recognizes that opinions relating to environmental, geologic, and geotechnical conditions are based on limited data and that actual conditions may vary from those encountered at the times and locations where the data are obtained despite the use of professional care. Where any condition exists for which the CONSULTANT must make a judgment that could result in an actual condition that is materially different, the CONSULTANT shall advise the CITY in advance and request specific direction.
c. The CONSULTANT shall, without additional compensation, immediately correct or revise any DESCRIBED SERVICES that do not meet the foregoing professional responsibility standards.
2.4 During the term of this AGREEMENT, CONSULTANT shall maintain professional certifications as required in order to properly comply with all applicable federal, state, and local laws. If the CONSULTANT lacks such certification, this AGREEMENT is void and of no effect.
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2.5 Conflict of Interest and Political Reform Act Obligations, if determined to be applicable accord
CONSULTANT shall at all times comply with the terms of the Political Reform Act and the local Conflict of Interest Ordinance. The level of disclosure categories shall be set by the City and shall reasonably relate to the scope of the DESCRIBED SERVICES.
2.6 CONSULTANT shall complete all Task Orders during the term of the AGREEMENT.
However, if the CITY has issued a Task Order which has a schedule of performance past the Agreement end date, this AGREEMENT shall be automatically extended to allow for completion within the Task Order end date.
3.0 PAYMENT AND SCHEDULE OF SERVICES (ATTACHMENTS C AND D)
3.1 CONSULTANT is hired to render the DESCRIBED SERVICES, and any payments made to CONSULTANT are full compensation for such services.
3.2 The amount of payment to CONSULTANT for providing the DESCRIBED SERVICES is set forth in ATTACHMENT C. No payment shall be allowed for any reimbursable expenses unless specifically described in ATTACHMENT C.
3.3 Payment for all undisputed portions of each invoice shall be made within 45 days from the date of the invoice.
3.4 this AGREEMENT shall not be construed to operate as a release or waiver of any rights of the performance of this AGREEMENT, and CONSULTANT is responsible to the CITY for all damages to the C
SERVICES.
4.0 CITY S OBLIGATIONS
4.1 CITY shall provide information as to the requirements of the project, including budget limitations. The CITY shall provide or approve the schedule proposed by the CONSULTANT.
4.2 CITY shall furnish the required information and services and shall render approvals and decisions expeditiously to allow the orderly progress of the DESCRIBED SERVICES as shown on the schedule required under ATTACHMENT D.
5.0 SUBCONTRACTING
5.1 The name, phone number, and location of the place of business of each SUBCONSULTANT that the CONSULTANT will use to perform work or render service to the CONSULTANT in performing this AGREEMENT is contained in ATTACHMENT E. No change to or addition of any SUBCONSULTANT shall be made without the prior written approval of the CITY.
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5.2 If CONSULTANT subcontracts for any of the work to be performed under this AGREEMENT, CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of CONSULTANT s SUBCONSULTANTS and for the persons either directly or indirectly employed by the SUBCONSULTANTS, as CONSULTANT is for the acts and omissions of persons directly employed by CONSULTANT. Nothing contained in the AGREEMENT shall create any contractual relationship between any SUBCONSULTANT of CONSULTANT and the CITY. In any dispute between the CONSULTANT and its SUBCONSULTANT, the CITY shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The CONSULTANT agrees to defend, hold harmless and indemnify the CITY as described in Section 13 of this AGREEMENT, should the CITY be made a party to any judicial or administrative proceeding to resolve any such dispute.
5.3 CONSULTANT shall bind every SUBCONSULTANT to all the terms of the AGREEMENT applicable to CONSULTANT s work unless specifically noted to the contrary in the subcontract in question and approved in writing by the CONTRACT OFFICER. All contracts entered into between the CONSULTANT and its SUBCONSULTANT shall also provide that each SUBCONSULTANT shall obtain insurance policies which shall be kept in full force and effect during any and all work on this project and for the duration of this AGREEMENT. The CONSULTANT shall require the SUBCONSULTANT to obtain all policies described in Section 14 in the amounts required by the CITY, which shall not be greater than the amounts required of the CONSULTANT.
6.0 CHANGES TO THE SCOPE OF WORK 6.1 The CONSULTANT shall not perform work in excess of the DESCRIBED SERVICES without the prior written approval of the CONTRACT OFFICER. All requests for extra work shall be made by written request for a contract modification submitted to the CONTRACT OFFICER. To be effective, all contract modifications must be in writing and signed prior to the commencement of the work. Fees for additional work will be negotiated on a fixed-fee basis.
6.2 The CITY may unilaterally reduce the scope of work to be performed by the CONSULTANT. Upon doing so, CITY and CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a deductive change order or amendment to the AGREEMENT.
7.0 ENTIRE AGREEMENT
7.1 This AGREEMENT and incorporated attachments set forth the entire understanding of the PARTIES with respect to the subject matters herein. If there are any inconsistencies between the incorporated attachments and this AGREEMENT, the terms of this AGREEMENT control. There are no other understandings, terms, or other agreements expressed or implied, oral or written, except as set forth herein. No change, alteration, or modification of the terms or conditions of this AGREEMENT, and no verbal understanding of the PARTIES, their officers, agents, or employees shall be valid unless agreed to in writing by both PARTIES.
Attachment 1
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8.0 TERMINATION OF AGREEMENT
8.1 In the event of CONSULTANT s default of any covenant or condition hereof, including, but not limited to, failure to timely or diligently prosecute, deliver, or perform the DESCRIBED SERVICES, or where the CONSULTANT fails to perform the work in accordance with the project schedule (ATTACHMENT D), the CITY may immediately terminate this AGREEMENT for cause if CONSULTANT fails to cure the default within ten (10) calendar days of receiving written notice of the default. Thereupon, CONSULTANT shall immediately cease work and within five (5) working days: (1) assemble all documents owned by the CITY and in CONSULTANT s possession, and deliver said documents to the CITY; and (2) place all work in progress in a safe and protected condition. The CONTRACT OFFICER shall make a determination of the percentage of work that CONSULTANT has performed that is usable and of worth to the CITY.
Based upon that finding, the CONTRACT OFFICER shall determine any final payment due to CONSULTANT.
8.2 This AGREEMENT may be terminated by the CITY, without cause, upon the giving of fifteen (15) days written notice to the CONSULTANT. Prior to the fifteenth (15th) day following the giving of the notice, the CONSULTANT shall assemble the completed work product to date, and put the same in order for proper filing and closing, and deliver said product to the CITY. The CONSULTANT shall be entitled to just and equitable compensation for any satisfactory work completed. The CONTRACT OFFICER and CONSULTANT shall endeavor to agree upon a percentage complete of the contracted work if fees are fixed, or an agreed dollar sum based on services performed if hourly, and terms of payment for services and reimbursable expenses.
CONSULTANT hereby expressly waives any and all claims for damages or compensation arising under this AGREEMENT except as set forth herein.
9.0 OWNERSHIP OF DOCUMENTS
9.1 All work products (i.e., documents, data, studies, drawings, maps, models, photographs, and reports) prepared by CONSULTANT under this AGREEMENT, whether paper or electronic, shall become the property of CITY for use with respect to this project, and shall be turned over to the CITY upon completion of the DESCRIBED SERVICES or any phase thereof, as contemplated by this AGREEMENT.
9.2. Contemporaneously with the transfer of such documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer.
10.0 STATUS OF CONSULTANT
10.1 CONSULTANT shall perform the DESCRIBED SERVICES in a manner of CONSULTANT s own choice, as an independent contractor and in pursuit of CONSULTANT s Attachment 1
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independent calling, and not as an employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSULTANT in the performance of the DESCRIBED SERVICES, the CITY only being concerned with the finished results of the work being performed. CONSULTANT shall confer with the CITY at a mutually agreed frequency and inform the CITY of incremental work/progress as well as receive direction from the CITY. Nei s employees shall be
entitled in any manner to any employment benefits, including, but not limited to, employer-paid payroll taxes, Social Security, retirement benefits, health benefits, or any other benefits, as a result of this AGREEMENT. It is the intent of the parties that neither CONSULTANT nor its employees CONSULTANT shall indemnify, defend and hold CITY harmless from any such obligations on the part of its officers, employees and agents.
11.0 ASSIGNMENT OF CONTRACT
11.1 This AGREEMENT and any portion thereof shall not be assigned or transferred, nor shall consent of the CITY.
12.0 COVENANT AGAINST CONTINGENT FEES
12.1 CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working for CONSULTANT, to solicit or secure this AGREEMENT, and that CONSULTANT has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this AGREEMENT. For breach or violation of this warranty, the CITY shall have the right to terminate this AGREEMENT without liability, or, at the CITY s sole discretion, to deduct from the AGREEMENT the price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
13.0 INDEMNITY HOLD HARMLESS
13.1 To the fullest extent permitted by law, CONSULTANT, through its duly authorized representative, agrees that CITY and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, CITY Indemnitees ) shall have no liability to CONSULTANT or any other person, and CONSULTANT shall indemnify, protect, and hold harmless CITY Indemnitees from and against, any and all liabilities, claims, demands, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses, including reasonable attorneys fees and disbursements (collectively claims ) that arise out of, or pertain to, or relate to this AGREEMENT or the negligence, recklessness, or willful misconduct of CONSULTANT, its employees, agents, and SUBCONSULTANTS in the performance of the DESCRIBED SERVICES.
13.2 s obligation herein does not extend to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage, or expense arising from the sole Attachment 1
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negligence, recklessness or willful misconduct of the CITY or its elected or appointed boards, officials, officers, agents, employees or volunteers.
13.3 CONSULTANT shall provide a defense (with counsel acceptable to CITY) to s Indemnitees, or, s s
fees, expenses, and liabilities (including judgment or portion thereof) incurred with respect to any litigation in which the CONSULTANT is obligated to indemnify, defend, and hold harmless the CITY pursuant to this AGREEMENT.
13.4 The provisions of this section 13 shall not be limited by any provision of insurance coverage that the CONSULTANT may have in effect, or may be required to obtain and maintain, during the term of this AGREEMENT. The provisions of this section 13 are continuing obligations and shall survive expiration or termination of this AGREEMENT.
13.7 PERS Eligibility Indemnification. In the event that any of officers, employees, agents, subcontractors, representatives or other persons providing services on under this Agreement
claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the CITY, Contractor shall indemnify, defend (with counsel acceptable to CITY), and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of PERSONNEL as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY.
Notwithstanding any other agency, state or federal policy, rule, regulation, law, or ordinance to the PERSONNEL providing services under this AGREEMENT shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contributions to be paid by CITY for employer contributions and/or employee contributions for PERS benefits.
13.8 Limitation of CITY Liability. The payment made to CONSULTANT pursuant to this AGREEMENT shall be the full and complete compensation to which CONSULTANT and CONSULTANT PERSONNEL are entitled for performance of any work under this contract.
salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the CITY. The CITY will not make any federal or state tax withholdings on behalf of CONSULTANT.
behalf of CONSULTANT.
13.9 Indemnification for Employee Payments. CONSULTANT agrees to defend (with counsel acceptable to CITY), indemnify and hold harmless the CITY for and against any obligation, claim, suit, or demand for tax, retirement contribution, including any contribution to the Public Employees Retirement System (PERS), Social Security, salary, or wages, overtime of CONSULTANT or for work done under this AGREEMENT.
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14.0 INSURANCE
14.1 CONSULTANT shall procure and maintain for the duration of this AGREEMENT insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the DESCRIBED SERVICES and the results of that work by the CONSULTANT or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.
14.2 CONSULTANT shall obtain and, during the term of this AGREEMENT, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance from an insurance company authorized to do business in the State of California in insurable amounts of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate or the limits specified below, whichever are greater. The insurance policies shall provide that the policies shall remain in full force during the life of the AGREEMENT, and shall not be canceled or not renewed without thirty (30) days prior written obligation or liability upon the company, its agents,
Maintenance of specified
insurance coverage is a material element of this AGREEMENT.
14.3 Types and Amounts Required. CONSULTANT shall maintain, at minimum, the following insurance coverage for the duration of this AGREEMENT:
14.3.1 Commercial General Liability (CGL). CONSULTANT shall maintain CGL Insurance written on an ISO Occurrence form or equivalent providing coverage at least as broad as CG 00 01 which shall cover liability arising from any and all personal injury or property damage, including ongoing and completed operations, in the amount of $2,000,000 per occurrence and subject to an annual aggregate of $4,000,000. If limits apply separately to this project (CG 25 03 or 25 04) the general aggregate limit shall not apply. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy. If the CONSULTANT or subcontractor maintains higher limits than the limits shown above, the CITY shall be entitled to coverage for the higher limits maintained by the CONSULTANT and/or their subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. Any excess or umbrella policies being used to meet the required limits of insurance will be evaluated separately and must meet the same
14.3.2 Commercial Automobile Liability. CONSULTANT shall maintain Commercial Automobile Liability Insurance for all of the CONSULTANT s automobiles, including owned, hired, and non-owned automobiles, written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of no less than $1,000,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
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14.3.3 Workers Compensation. CONSULTANT shall maintain Workers Compensation insurance for all of the CONSULTANT s employees who are subject to this AGREEMENT and to the extent required by applicable state or federal law, a Workers Compensation policy providing at minimum $1,000,000 employers liability coverage. The CONSULTANT shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives.
14.3.4 Professional Liability. CONSULTANT shall maintain Professional Liability (errors and omissions) coverage with a limit of no less than $1,000,000 per claim and $2,000,000 annual aggregate. The policy shall be on a claims made and in the aggregate basis. The CONSULTANT shall ensure both that: (1) the policy retroactive date is on or before the date of commencement of the DESCRIBED SERVICES; and (2) the policy will be maintained in force for a period of three years after substantial completion of the DESCRIBED SERVICES or termination of this AGREEMENT, whichever occurs last.
The CONSULTANT agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the CITY s exposure to loss. All defense costs shall be outside the limits of the policy. If CONSULTANT maintains higher limits than the limits shown above, the CITY shall be entitled to coverage for the higher limits maintained by the CONSULTANT. Any available proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
14.4 The CITY, its officers, officials, employees, and representatives shall be named as additional insureds on the required general liability, cyber liability, and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts, or equipment furnished in connection with such work or operations. The CITY's additional insured status must be reflected on additional insured endorsement form (20 10 1185 or 20 10 1001 and 20 37 1001) which shall be submitted to the CITY. s policies are primary
insurance and that insurance (including self-retention) of the CITY or any named insured shall not be called upon to contribute to any loss, as reflected in an endorsement at least as broad as CG 20 01 04 13 which shall be submitted to the CITY. This provision shall apply regardless of any language of the general liability, cyber liability, and automobile liability policy maintained by the CONSULTANT during the term of this AGREEMENT.
14.5 Before CONSULTANT shall employ any person or persons in the performance of the AGREEMENT, CONSULTANT shall procure a policy of W Compensation insurance as required by the Labor Code of the State of California, or shall obtain a certificate of self-insurance from the Department of Industrial Relations.
14.6 CONSULTANT shall furnish certificates of said insurance and policy endorsements to the CONTRACT OFFICER prior to commencement of work under this AGREEMENT. Failure by the CONTRACT OFFICER to object to the contents of the certificate and/or policy endorsement or the absence of same shall not be deemed a waiver of any and all rights held by the CITY. Failure Attachment 1
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on the part of CONSULTANT to procure or maintain in full force the required insurance shall constitute a material breach of contract under which the CITY may exercise any rights it has in law or equity including, but not limited to, terminating this AGREEMENT pursuant to Paragraph
8.1 above.
14.7 The CITY reserves the right to review the insurance requirements of this section during the effective period of the AGREEMENT and to modify insurance coverages and their limits when nager based upon economic conditions,
recommendation of professional insurance advisors, changes in statutory law, court decisions, or other relevant factors. The CONSULTANT agrees to make any reasonable request for the deletion, revision, or modification of particular insurance policy terms, conditions, limitations, or exclusions (except where those policy provisions are established by law, or are established by regulations that are binding upon either party to the contract, or are binding upon the underwriter to the contract). Upon request by CITY, CONSULTANT shall exercise reasonable efforts to accomplish such changes in policy coverages and shall pay the cost thereof.
14.8 Any deductibles or self-insured retentions must be declared to and approved by the CITY. s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
14.9 CONSULTANT hereby grants to CITY a waiver of any right to subrogation that any insurer of said CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the CITY has requested or received a waiver of subrogation endorsement from the insurer.
15.0 DISPUTES
15.1 If a dispute should arise regarding the performance of this AGREEMENT, the following procedures shall be used to address the dispute:
a. If the dispute is not resolved informally, then, within five (5) working days thereafter, the CONSULTANT shall prepare a written position statement containing the party s full position and a recommended method of resolution and shall deliver the position statement to the CONTRACT OFFICER.
b. Within ten working (10) days of receipt of the position statement, the CONTRACT OFFICER shall prepare a response statement containing the full position and a recommended method of resolution and shall deliver the response statement to the CONSULTANT.
c. After the exchange of statements, if the dispute is not resolved within ten working (10) days, the CONSULTANT and the CONTRACT OFFICER shall deliver the statements to the City Manager who shall make a determination within ten working (10) days.
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15.2 If the dispute remains unresolved for ten working (10) days following determination, and the parties have exhausted the procedures of this section, the parties may then seek resolution by mediation or such other remedies available to them by law or in equity.
16.0 GENERAL PROVISIONS
16.1 Accounting Records. CONSULTANT shall keep records of the direct reimbursable expenses pertaining to the DESCRIBED SERVICES and the records of all accounts between the CONSULTANT and SUBCONSULTANTS. CONSULTANT shall keep such records on a generally recognized accounting basis. At any time during normal business hours, and as often as CITY may deem necessary, the CONSULTANT shall make available to the CONTRACT OFFICER, or the CONTRACT OFFICER s authorized representative, for examination, all of its records with respect to all matters covered by this AGREEMENT and shall permit CITY to audit, examine, and/or reproduce such records. CONSULTANT shall retain such financial and program service records for a period of four (4) years from the completion of the work or after termination or final payment under this AGREEMENT, whichever is later.
16.2 CONTRACT OFFICER. s designated CONTRACT OFFICER has the authority to direct the CONSULTANT, approve actions, request changes, and approve additional services within her/his authority. Any obligation of the CITY under this AGREEMENT shall be the responsibility of the CONTRACT OFFICER. Excepting the provisions pertaining to dispute resolution, no other person shall have any authority under this AGREEMENT unless specifically delegated in writing.
16.3 Governing Law. This AGREEMENT and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this AGREEMENT shall be held exclusively in a State court in the County of San Diego. CONSULTANT hereby waives the right to remove any action from San Diego County as is otherwise permitted by California Code of Civil Procedure Section 394.
16.4 Compliance with Laws/Business Certificate. CONSULTANT and its SUBCONSULTANTS are required to comply with all applicable federal, state and local laws, rules, regulations, orders, policies, protocols and guidance, including, but not limited to, obtaining and maintaining a City Business Certificate during the duration of this AGREEMENT and complying with COVID-19 sanitation protocols, health orders and guidance.
16.5. Drafting Ambiguities. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this AGREEMENT, and the decision of whether or not to seek advice of counsel with respect to this AGREEMENT is a decision which is the sole responsibility of each Party. This AGREEMENT shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the AGREEMENT.
16.6. Conflicts between Terms. If an apparent conflict or inconsistency exists between the main body of this AGREEMENT and the Attachments, the main body of this AGREEMENT shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, Attachment 1
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or code and this AGREEMENT, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this AGREEMENT, the Attachments, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this AGREEMENT.
16.7 Non-Discrimination. CONSULTANT shall not discriminate against any employee or applicant for employment because of sex, race, color, age, religion, ancestry, national origin, disability, military or veteran status, medical condition, genetic information, gender expression, marital status, or sexual orientation. CONSULTANT shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their sex, race, color, age, religion, ancestry, national origin, disability, military or veteran status, medical condition, genetic information, gender expression, marital status, or sexual orientation and shall make reasonable accommodation to qualified individuals with disabilities or medical conditions. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation, and selection for training, including apprenticeship.
CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by CITY setting forth the provisions of this non-discrimination clause.
16.8 Responsibility for Equipment. Notwithstanding anything in this AGREEMENT to the contrary, CITY shall not be responsible nor held liable for any damage whatsoever, including, but not limited to persons or property, resulting from or arising out of the use, misuse or failure of any equipment used by CONSULTANT agents, employees or
SUBCONSULTANTS, even if such equipment has been furnished, rented, or loaned to CONSULTANT by CITY. Any and all equipment furnished, rented, or loaned to CONSULTANT - AKES NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, REGARDING ITS EQUIPMENT, AND HEREBY
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The acceptance or use of any CITY equipment by CONSULTANT or agents, employees, or SUBCONSULTANTS shall be with all faults and shall be construed to mean that CONSULTANT accepts full responsibility for and agrees to defend, indemnify, and hold harmless CITY from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment. CONSULTANT
HEREBY RELEASES, WAIVES, DISCHARGES AND CONVENANTS NOT TO SUE CITY
FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS RELATING TO ANY CITY EQUIPMENT.
16.9 Public Works Contract. CONSULTANT acknowledges that this is a public works contract. CONSULTANT represents and warrants that it is familiar with the requirements of the California Labor Code and agrees to comply at all times with relevant statutes and regulations, including, but not limited to the fact that CONSULTANT must pay not less than prevailing wage rates as determined by the Director of Industrial Relations for all work done under this AGREEMENT, as applicable. State of California prevailing wage rates can be found on the Attachment 1
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internet at http://www.dir.ca.gov/DLSR/PWD/Statewide.html. CONSULTANT is responsible for determining the correct title for job classifications and determining the appropriate wage rate.
CONSULTANT agrees to perform this AGREEMENT in accordance with ATTACHMENT F and all the obligations set forth therein.
17.0 NOTICES
17.1 Any notices to be given under this AGREEMENT, or otherwise, shall be served by certified mail. For the purposes hereof, unless otherwise provided in writing by the parties hereto:
a. The address of the CITY, and the proper person to receive any notice on the CITY s behalf, is:
City of Coronado
Public Services & Engineering Department
1825 Strand Way
Coronado, CA 92118
Attn.: Mike McCall, Principal Engineer
Telephone No. (619) 522-2652
b. The address of the CONSULTANT, and the proper person to receive any notice on the CONSULTANT s behalf, is:
Kleinfelder, Inc.
770 First Avenue, Suite 400
San Diego, CA 92101
Attn.: Robert Torres, PE, Principal-in-Charge
Telephone No. (858) 869-4953
18.0 PROFESSIONAL CONSULTANT S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986
18.1 CONSULTANT certifies that CONSULTANT is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 U.S.C. §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of CONSULTANT and all its agents, employees, representatives and SUBCONSULTANTS, and any other person performing any of the DESCRIBED SERVICES.
19.0 ADDITIONAL PROVISIONS
19.1 Consequential Damages. Neither Party shall be liable to the other for consequential damages, including, without limitation, loss of use or loss of profits, incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by breach of contract, willful misconduct, negligent act or omission, or other wrongful act of either of them.
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19.2 Responsibility for Others. CONSULTANT shall be responsible to the CITY for its services and the services of its SUBCONSULTANTS. CONSULTANT shall not be responsible for the acts or omissions of any other persons engaged by the CITY nor for their construction means, methods, techniques, sequences, or procedures, or their health and safety precautions and programs.
19.3 Representation. The CONSULTANT is not authorized to represent the CITY, to act as , or to bind the CITY to any contractual agreements whatsoever.
19.4 Third- s Work Product (Peer Review). At the option of the CI s work product may be performed by an independent expert chosen by the CITY. In such case, the CONSULTANT agrees to confer and cooperate fully with the independent expert to allow a thorough review of the work product by the expert. Such review is intended to provide the CITY with a peer review of the concepts, all pre-design documentation, methods, professional recommendations, and other work product of the CONSULTANT. The results of this review will be furnished to the CITY and shall serve to assist the CITY i s deliverables under this AGREEMENT.
19.5 Periodic Reporting Requirements. The CONSULTANT shall provide a written status report of the progress of the work on a monthly basis that s payment invoice. The status report shall, at a minimum, report the work accomplished to date; describe any milestones accomplished; show and discuss the results on any testing or exploratory work; provide an update to the approved schedule (as set forth in ATTACHMENT D or, if no ATTACHMENT D, as approved by the CONTRACT OFFICER), and if not in accordance with the original schedule, describe how the CONSULTANT intends to get back on the original schedule; describe any problems or recommendations to increase the scope of the work; and provide any other information that may be requested by the CITY. The report is to be of a form and quality appropriate for submission to the City Council.
19.6 Brand or Trade Names. [Reserved]
19.7 Rights Cumulative. All rights, options, and remedies of the CITY contained in this AGREEMENT shall be construed and held to be cumulative, and no one of the same shall be exclusive of any other, and the CITY shall have the right to pursue any one of all of such remedies or any other remedy or relief that may be provided by law or in equity, whether or not stated in this AGREEMENT.
19.8 Waiver. No waiver by either Party of a breach by the other Party of any of the terms, covenants, or conditions of this AGREEMENT shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant, or condition herein contained. No waiver of any default of either Party hereunder shall be implied from any omission by the other Party to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect a default other than as specified expressly in said waiver.
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19.9 Severability. In the event that any part of this AGREEMENT is found to be illegal or unenforceable under the law as it is now or hereafter in effect, either Party will be excused from performance of such portion or portions of this AGREEMENT that is found to be illegal or unenforceable without affecting the remaining provisions of this AGREEMENT.
19.10 Attachments Incorporated. All ATTACHMENTS referenced in this AGREEMENT are incorporated into the AGREEMENT by this reference.
THE REMAINDER OF THIS PAGE LEFT BLANK.
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20. SIGNATURES
20.1 Each signatory and Party hereto hereby warrants and represents to the other Party that it has legal authority and capacity and direction from its principal to enter into this AGREEMENT, and that all resolutions or other actions have been taken so as to enable it to enter into this AGREEMENT.
CITY: CONSULTANT:
By: _____________________________
Tina Friend, City Manager
By: ______________________________
Robert A. Torres, PE
Principal-in-Charge
Date: _______________________________ Date: _______________________________ By: ______________________________
Janna Bonfiglio, PE, GE
Project Manager
APPROVED AS TO CONTENT: Date: _______________________________ __________________________________________ Leon P. Firsht, Director Date APPROVAL AS TO FORM: __________________________________________ Johanna N. Canlas, City Attorney Date ATTEST: ___________________________________________ Kelsea Holian, MMC, City Clerk Date
ATTACHMENT A SAMPLE TASK ORDER
ATTACHMENT B CONSULTANT CONFLICT OF INTEREST DETERMINATION
ATTACHMENT C PAYMENT FOR SERVICES
ATTACHMENT D SCHEDULE OF SERVICES
ATTACHMENT E LISTING OF SUBCONSULTANTS
ATTACHMENT F PREVAILING WAGE
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ATTACHMENT A - SAMPLE TASK ORDER
TASK ORDER: 25-KLN-001
Contract No. 25-PS-EN-974
Pursuant to that certain Agreement for Professional Services dated Month Day, Year Kleinfelder
this Task Order hires CONSULTANT to provide the PROFESSIONAL SERVICES as described herein and on the terms and conditions set forth in the AGREEMENT. 25-KLN-001-A SCOPE OF SERVICES
25-KLN-001-B PAYMENT FOR SERVICES
25-KLN-001-C SCHEDULE OF SERVICES
25-KLN-001-D LISTING OF SUBCONSULTANTS
CONSULTANT CITY
Kleinfelder, Inc. City of Coronado ___________________________________ ___________________________________ Robert A. Torres, PE Date Principal-in-Charge
Tina Friend, City Manager Date ___________________________________ Janna Bonfiglio, PE, GE Date Project Manager ___________________________________ Leon P. Firsht, Director Date Contract approved as to form: ___________________________________ Johanna Canlas, City Attorney Date
Attest: ___________________________________ Kelsea Holian, MMC Date City Clerk
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ATTACHMENT A - SAMPLE TASK ORDER
TASK ORDER: 25-KLN-001-A
SCOPE OF SERVICES
This task order hires CONSULTANT to provide geotechnical engineering services for the (described project). The work shall consist of the following:
Task 1: Field Exploration
Task 2: Laboratory Testing
Task 3: Analysis and Report Preparation
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ATTACHMENT A - SAMPLE TASK ORDER
TASK ORDER: 25-KLN-001-B
PAYMENT FOR SERVICES
A. PAYMENT FOR SERVICES: This Task Order shall be on a time and materials basis and fees shall not exceed $_______ in total. Payments to the CONSULTANT for the DESCRIBED SERVICES under this Task Order shall be made in the form of monthly payments due for each sub-task on a time and materials basis based on the actual and reasonable time spent by CONSULTANT in performing the subATTACHMENT C to the AGREEMENT, and the reimbursable expenses set forth in ATTACHMENT C to the AGREEMENT. No services will be invoiced or paid until the sub-task has been completed. All invoices submitted by the CONSULTANT shall show an hourly reconciliation of time spent on each sub-task and will be billed against this Task Order. The original invoice shall be provided for any subcontracted services. Normal processing time for payments is four (4) weeks.
B. COST ESTIMATE
Task Not to Exceed Cost
Task 1 $TBD
Task 2 $TBD
Task 3 $TBD
TOTAL $Sum of tasks
C. REIMBURSABLE SERVICES: All reimbursables shall be paid under the time and materials invoicing for each task performed.
written approval.
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ATTACHMENT A - SAMPLE TASK ORDER
TASK ORDER: 25-KLN-001-C
SCHEDULE OF SERVICES
CONSULTANT agrees to diligently pursue the DESCRIBED SERVICES in this Task Order. The following schedule contractually obligates the CONSULTANT to perform all services to meet the time duration for sub-task shown unless otherwise approved by CITY.
The CONSULTANT shall submit the deliverables within XX weeks of receipt of the executed Task Order.
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ATTACHMENT A SAMPLE TASK ORDER
TASK ORDER: 25-KLN-001-D
LISTING OF SUBCONSULTANTS
Listed below are any and all subconsultants which the CONSULTANT plans to employ under this AGREEMENT. No change is allowed without the prior approval of the Contract Officer.
SUBCONSULTANT SUBCONSULTANT ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ SUBCONSULTANT SUBCONSULTANT ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ SUBCONSULTANT SUBCONSULTANT ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ SUBCONSULTANT SUBCONSULTANT ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Attachment 1
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ATTACHMENT B
As-Needed Professional Geotechnical Engineering Services Contract No. 25-PS-EN-974
CONFLICT OF INTEREST DETERMINATION
CONSULTANT shall at all times comply with the terms of the Political Reform Act and the local conflict of interest ordinance. CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the CONSULTANT has a financial interest as defined in Government Code Section 87103.
CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the City.
CONSULTANT1
agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule, or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the CITY to enter into, modify, or renew a contract, provided it is the type of contract that requires CITY approval;
5. Grant CITY approval of a contract that requires CITY approval and to which the CITY is a party, or to the specifications for such a contract;
6. Grant CITY approval of a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the CITY, or for any subdivision thereof; or
(B) Serves in a staff capacity with the CITY and in that capacity participates in making a governmental decision as defined in Regulation 18704(a) and (b) or performs the same or substantially all the same duties for the CITY that would otherwise be performed by an individual holding a position specified in the CITY Interest Code.
1which case the Conflict of Interest Code may still apply. The Conflict of Interest Code, however, does not cover public works contractors.
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DISCLOSURE DETERMINATION:
X 1. CONSULTANT/CONTRACTOR
as defined in Sections A and B
above. No disclosure required.
2. CONSULTANT/CONTRACTOR
result, CONSULTANT/CONTRACTOR shall file, with the City Clerk of the City of Coronado in a timely manner as required by law, a Statement of Economic Interest (Form 700), as required by the City of Coronado Conflict of Interest Code, and the Fair Political Practices Commission, to meet the requirements of the Political Reform Act.*
Signature Date
Name Leon P. Firsht, Director Department Public Services & Engineering City Attorney Approval of Determination
City Manager Approval of Determination
*The s disclosure of investments, real property, income, loans, business positions, and gifts, shall be limited to those reasonably related to the project for which CONSULTANT has been hired by the CITY.
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ATTACHMENT C
As-Needed Professional Geotechnical Engineering Services Contract No. 25-PS-EN-974
PAYMENT FOR SERVICES
A. Fees: CONSULTANT shall perform the DESCRIBED SERVICES on a time and materials basis or fixed fee based on the actual and reasonable time spent on the DESCRIBED SERVICES set forth in the Task Order(s) according to the following hourly rates:
Hourly Rates
Total payments for any given Task Order shall not exceed the not to exceed amount set forth in such Task Order. The hourly rates set forth above are not subject to increase during the first year of the AGREEMENT.
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Geotechnical and Materials Laboratory Testing Services
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B. Reimbursables: The professional fees set forth above shall include all materials and reimbursable expenses.
approval.
C. Payments: Payments to the CONSULTANT for the DESCRIBED SERVICES shall be made in the form of monthly payments due for each sub-task as set forth on the Task Order(s) on a time and materials basis based on the actual and reasonable time spent by CONSULTANT in performing the subabove, and the reimbursable expenses set forth above. No services will be invoiced or paid until the sub-task(s) has been completed as set forth in a given Task Order. All invoices submitted by the CONSULTANT shall show an hourly reconciliation of time spent on each sub-task and will be billed against the relevant Task Order. The original invoice shall be provided for any subcontracted services. Normal processing time for payments is four (4) weeks.
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ATTACHMENT D
As-Needed Professional Geotechnical Engineering Services Contract No. 25-PS-EN-974
SCHEDULE OF SERVICES
CONSULTANT agrees to diligently pursue the DESCRIBED SERVICES in this AGREEMENT and to perform all services to meet the time duration for each Task Order issued under this AGREEMENT unless otherwise approved by CITY.
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ATTACHMENT E
As-Needed Professional Geotechnical Engineering Services Contract No. 25-PS-EN-974
LISTING OF SUBCONSULTANTS
Listed below are any and all SUBCONSULTANTS that the CONSULTANT plans to employ under this AGREEMENT. Include DIR Contractor Registration Numbers where applicable. No change is allowed without the prior approval of the CONTRACT OFFICER.
SUBCONSULTANT SUBCONSULTANT _____________________________________ ______________________________________ _____________________________________ ______________________________________ _____________________________________ ______________________________________ _____________________________________ ______________________________________ SUBCONSULTANT SUBCONSULTANT ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ SUBCONSULTANT SUBCONSULTANT ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ SUBCONSULTANT SUBCONSULTANT ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Attachment 1
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ATTACHMENT F
STATE PREVAILING WAGE RATES AND OBLIGATIONS
Prevailing Wage Rates: This project is a public work in accordance with California Labor Code §§1720, et seq. It is the sole responsibility of the CONSULTANT to ensure that all workers employed in the execution of the AGREEMENT are paid the correct prevailing wage rate. CONSULTANT is required to comply with California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813 and 1815, which are incorporated by reference, and the CONSULTANT agrees to comply with all of the above-referenced provisions and all other statutes or regulations that may be applicable to the performance of the DESCRIBED SERVICES. Specifically, CONSULTANT agrees to:
a. Pay all workers not less than the general prevailing rate of per diem wages for work of similar character in the locality in which the public work is performed.
b. Pay all workers not less than the general prevailing rate of per diem wages for holiday and for overtime work that exceeds 8 hours in one day and 40 hours in one week. c. Adhere to the compliance measures outlined in Labor Code section 1775(b) for any subconsultant that the CONSULTANT chooses to use on this project.
d. Maintain, certify and make available for inspection, payroll records as required by Labor Code section 1776.
e. Comply with all apprenticeship requirements pursuant to Labor Code section 1777.5.
Not less than the State general prevailing wages, as determined by the Director of the Department of Industrial Relations, shall be paid by the CONSULTANT and its subconsultants to all workers employed on the project, as applicable. The statutory provisions for penalties for failure to pay prevailing wages and for failure to comply with state's wage and hour laws will be enforced.
CITY has obtained from the Director of the Department of Industrial Relations said Director s General Prevailing Wage Determinations for the locality in which the work is to be performed. Said determinations are on file and located at:
http://www.dir.ca.gov/DLSR/PWD
SB 854 Notice: CITY public works projects are subject to compliance monitoring and enforcement by the Department of Industrial Relations ( DIR ) in accordance with Labor Code Section 1771.4(a)(1). As part of this program, CONSULTANTS and subconsultants on Public Works Projects are required to be registered with the DIR in accordance with Labor Code Section 1725.5. Unregistered CONSULTANTS are not qualified to bid on, be listed in a bid, listed as a subconsultant, or engage in the performance of any public works contract, all as more particularly described in Labor Code Section 1771.1(a). CITY has no duty to accept a bid or enter into a contract without proof of the current registration pursuant to Labor Code Section 1771.1(b). The prime CONSULTANT shall be required to post the job site with all notices required by regulations per Labor Code Section 1771.4(a)(2), whether or not CITY also posts.
Labor Code Compliance: CONSULTANT shall comply with the provisions of the Labor Code requiring the payment of prevailing wages on public works, commencing with Section 1720. In accordance with Labor Code Section 1775, the CONSULTANT shall forfeit an amount, as determined by the Labor Commissioner, for each worker paid less than the applicable prevailing wage rate for the work or craft in which that worker is employed for any work done under the AGREEMENT by CONSULTANT or by any subconsultant. CONSULTANT agrees to pay the difference between the prevailing wage rate and amount paid to each worker in accordance with Labor Code Section 1775 (a)(2)(E).
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Pursuant to Labor Code Section 1770, the Director of the DIR has ascertained the general prevailing rate of per diem wages and a general prevailing rate for legal holiday and overtime work for each craft required for execution of the AGREEMENT. In accordance with Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file and can be viewed during normal business hours at Coronado City Hall, located at 1825 Strand Way, Coronado, CA 92118. CONSULTANT shall post a copy of the applicable prevailing wage rates at the job site.
Wage rates set forth are the minimum that may be paid by the CONSULTANT. Nothing herein shall be construed as preventing the CONSULTANT from paying more than the minimum rates set. No extra compensation whatsoever will be allowed by the CITY due to the inability of CONSULTANT to hire labor at minimum rates, nor for necessity for payment by CONSULTANT of subsistence, travel time, overtime, or other added compensations, all of which possibilities are elements to be considered and ascertained to CONSULTANT satisfaction in preparing its bid or entering into the AGREEMENT.
If it becomes necessary to employ crafts other than those listed in the General Prevailing Wage Rate, CONSULTANT shall obtain a wage rate determination. The rates thus determined shall be applicable as minimum from the time of initial employment. CONSULTANT shall be responsible for paying the applicable rate.
CONSULTANT and each subconsultant shall keep, certify and make available accurate payroll record in accordance with Labor Code Sections 1771.4(a)(3) and 1776. The record shall contain the names, addresses, social security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by CONSULTANT and/or subconsultant in connection with the DESCRIBED SERVICES. Payroll records shall be certified and shall be on forms provided by the Division of Labor Standards Enforcement, or shall contain the same information as d subconsultant's certified payroll records
for inspection at the principal office of the CONSULTANT.
Apprentices: CONSULTANT and each subcontractor shall comply with the requirements of Labor Code Section 1777.5, and any related regulations regarding the employment of registered apprentices. Properly registered apprentices shall be employed in the execution of the DESCRIBED SERVICES at the ratios required, but in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work. Every apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only at the work of the craft or trade to which the apprentice is registered. The CONSULTANT shall be responsible for compliance with Labor Code Section 1777.5 for all apprenticeable occupations.
ensation: CONSULTANT and each subcontractor will be required to secure the payment of compensation to his or her employees and shall comply with the requirements of Labor Code Section 3700, and any related regulations regarding
In signing this AGREEMENT, CONSULTANT certifies as follows:
California Labor Code. I am aware
of and will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workers Compensation or to undertake self-insurance before commencing any of the work. I further certify that if I should consult, contract or subcontract with any person, firm, or company to do all or any part of the work for which this AGREEMENT covers, I shall assure compliance by that contractor/consultant or subcontractor/subconsultant with Sections 3700 and 3800 of the State Labor Code. I further certify that all consultants and contractors (both primary and subcontractors/subconsultants) are registered with the State of Attachment 1
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1 AGREEMENT FOR PROFESSIONAL SERVICES
NINYO & MOORE
Contract No. 25-PS-EN-973
This AGREEMENT is made and entered into as of the date of execution by the City of Coronado, a California and Ninyo &
Moore, A California Corporation,
contracting entity is a joint venture such entity is encompassed within the meaning of the term
RECITALS
The CITY requires the services of a CONSULTANT to provide on-call professional geotechnical engineering services to the Public Services and Engineering Department. These services generally consist of on-call professional geotechnical engineering consulting services related to construction inspection of the Capital Improvement Program (CIP) projects or other CITY projects. The work to be performed by CONSULTANT shall be referred to herein as , and is described more fully in ATTACHMENT A.
CONSULTANT represents itself as being a professional engineering firm, qualified Project Manager, etc., possessing the necessary experience, skills, and qualifications to provide the services required by the CITY. CONSULTANT warrants and represents that it has the necessary staff to deliver the services within the time frame herein specified.
On February 18, 2025, the City Council for the CITY approved this AGREEMENT and authorized the City Manager or City
s Public Services and Engineering Director s
CONTRACT OFFICER
CONSULTANT, approve actions, request changes, and approve additional services. The Assistant Director shall serve as the Project Coordinator.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CITY and CONSULTANT (collectively referred to as the PARTIES agree as follows:
1.0 TERM OF THE AGREEMENT
1.1 This AGREEMENT shall be effective beginning the day, month and year of the execution of this document by the CITY. The AGREEMENT shall be in effect for a term of three years. The CITY shall have the option to extend the AGREEMENT, if agreed to by the CONSULTANT, for two additional one-year terms.
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1.2 The CONSULTANT shall commence the performance of the DESCRIBED SERVICES immediately upon execution of this AGREEMENT. Time is of the essence in this AGREEMENT.
Failure to meet the schedule contained in an issued task order for this AGREEMENT is a default by the CONSULTANT.
1.3 A delay occasioned by causes beyond the control of CONSULTANT may merit an extension of time for the completion of the DESCRIBED SERVICES. When such delay occurs, CONSULTANT shall immediately notify the CONTRACT OFFICER in writing of the cause and the extent of the delay, whereupon the CONTRACT OFFICER shall ascertain the facts and the extent of the delay and may grant an extension of time for the completion of the DESCRIBED SERVICES when justified by the circumstances. CONSULTANT acknowledges and agrees that delays arising out of or related to COVID-19 or related federal, state or local laws, regulations, orders, rules, policies or guidance will not merit an extension of time. CONSULTANT represents and warrants that it can perform the DESCRIBED SERVICES competently and in a timely fashion and has taken into account circumstances and delays that may occur as a result of or arising out of COVID-19 or applicable laws related thereto in entering into this AGREEMENT.
1.4 This AGREEMENT may be terminated in accordance with the provisions contained in this AGREEMENT.
1.5 Renewal or Extension Provisions. This AGREEMENT shall be in effect for a term of three (3) years with two (2) one-year renewal options upon mutual consent. Prices shall remain firm for the first year of the AGREEMENT. Subsequent to the first year, and upon mutual agreement, an annual price increase, no greater than the Consumer Price Index for the San Diego Region, may be implemented. The CITY shall have the option to extend the AGREEMENT, if agreed to by the CONSULTANT, as provided herein.
2.0 CONSULTANT'S OBLIGATIONS AND SCOPE OF WORK (ATTACHMENT A)
2.1 CONSULTANT shall provide the CITY with the professional geotechnical engineering services that are described in ATTACHMENT A and are hereinafter referred to as the
2.2 Task Orders. The DESCRIBED SERVICES shall be performed in accordance with multiple, individual task orders issued by the CITY to CONSULTANT, each in the form set forth ally numbered, signed, dated, and have appended to it
sections A, B and C that are specific to the particular Task Order. The scope of each Task Order will be specifically defined in its Section A, SCOPE OF WORK, each of which upon signature is incorporated herein into the definition of DESCRIBED SERVICES by this reference. The agreed to fees for the scope of work for the Task Order, will be set forth in Section B, PAYMENT FOR SERVICES.
2.2.1 The CONSULTANT shall respond to each Task Order with a detailed proposal Attachment 2
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of the Task Order, a project schedule with milestones, a list of deliverables, the proposed CONSULTANT project manager and any other staff assigned to work on the task, and billing rates for all assigned staff.
2.2.2 The CITY and CONSULTANT shall agree on a schedule for the completion of the defined scope of the Task Order, which shall be set forth in its Section C, SCHEDULE OF SERVICES. Section D of each Task Order will be included as necessary to list SUBCONSULTANTS.
2.2.3 Once an agreement has been reached between the CITY and CONSULTANT on any given Task Order, the PARTIES shall execute the Task Order and the CITY shall issue a Notice to Proceed with the agreed-upon scope of work, schedule, deliverables, and assigned staff.
The CONSULTANT shall commence work immediately on each Task Order when issued a Notice to Proceed. The Task Orders and all their corresponding sections (i.e., A, B, C, and D) form the specific tasks to be performed as part of the DESCRIBED SERVICES and when executed shall be fully incorporated into this AGREEMENT by this reference. CONSULTANT is not authorized to perform any work until the Task Order is executed by both PARTIES and the CITY issues a Notice to Proceed.
2.3 CONSULTANT shall perform all the tasks required to accomplish the DESCRIBED SERVICES in conformity with the applicable requirements of federal, state, and local laws in effect at the time that the DESCRIBED SERVICES are being performed and at the time that the scope of work is substantially completed by the CONSULTANT. a. The CONSULTANT is responsible for ensuring the professional quality, technical accuracy, and coordination of all services and documents furnished by the CONSULTANT under this AGREEMENT.
b. The CONSULTANT shall be obligated to comply with applicable standards of professional care in the performance of the DESCRIBED SERVICES. CITY recognizes that opinions relating to environmental, geologic, and geotechnical conditions are based on limited data and that actual conditions may vary from those encountered at the times and locations where the data are obtained despite the use of professional care. Where any condition exists for which the CONSULTANT must make a judgment that could result in an actual condition that is materially different, the CONSULTANT shall advise the CITY in advance and request specific direction.
c. The CONSULTANT shall, without additional compensation, immediately correct or revise any DESCRIBED SERVICES that do not meet the foregoing professional responsibility standards.
2.4 During the term of this AGREEMENT, CONSULTANT shall maintain professional certifications as required in order to properly comply with all applicable federal, state, and local laws. If the CONSULTANT lacks such certification, this AGREEMENT is void and of no effect.
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2.5 Conflict of Interest and Political Reform Act Obligations, if determined to be applicable accord
CONSULTANT shall at all times comply with the terms of the Political Reform Act and the local Conflict of Interest Ordinance. The level of disclosure categories shall be set by the City and shall reasonably relate to the scope of the DESCRIBED SERVICES.
2.6 CONSULTANT shall complete all Task Orders during the term of the AGREEMENT.
However, if the CITY has issued a Task Order which has a schedule of performance past the Agreement end date, this AGREEMENT shall be automatically extended to allow for completion within the Task Order end date.
3.0 PAYMENT AND SCHEDULE OF SERVICES (ATTACHMENTS C AND D)
3.1 CONSULTANT is hired to render the DESCRIBED SERVICES, and any payments made to CONSULTANT are full compensation for such services.
3.2 The amount of payment to CONSULTANT for providing the DESCRIBED SERVICES is set forth in ATTACHMENT C. No payment shall be allowed for any reimbursable expenses unless specifically described in ATTACHMENT C.
3.3 Payment for all undisputed portions of each invoice shall be made within 45 days from the date of the invoice.
3.4 this AGREEMENT shall not be construed to operate as a release or waiver of any rights of the performance of this AGREEMENT, and CONSULTANT is responsible to the CITY for all damages to the C
SERVICES.
4.0 CITY S OBLIGATIONS
4.1 CITY shall provide information as to the requirements of the project, including budget limitations. The CITY shall provide or approve the schedule proposed by the CONSULTANT.
4.2 CITY shall furnish the required information and services and shall render approvals and decisions expeditiously to allow the orderly progress of the DESCRIBED SERVICES as shown on the schedule required under ATTACHMENT D.
5.0 SUBCONTRACTING
5.1 The name, phone number, and location of the place of business of each SUBCONSULTANT that the CONSULTANT will use to perform work or render service to the CONSULTANT in performing this AGREEMENT is contained in ATTACHMENT E. No change to or addition of any SUBCONSULTANT shall be made without the prior written approval of the CITY.
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5.2 If CONSULTANT subcontracts for any of the work to be performed under this AGREEMENT, CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of CONSULTANT s SUBCONSULTANTS and for the persons either directly or indirectly employed by the SUBCONSULTANTS, as CONSULTANT is for the acts and omissions of persons directly employed by CONSULTANT. Nothing contained in the AGREEMENT shall create any contractual relationship between any SUBCONSULTANT of CONSULTANT and the CITY. In any dispute between the CONSULTANT and its SUBCONSULTANT, the CITY shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The CONSULTANT agrees to defend, hold harmless and indemnify the CITY as described in Section 13 of this AGREEMENT, should the CITY be made a party to any judicial or administrative proceeding to resolve any such dispute.
5.3 CONSULTANT shall bind every SUBCONSULTANT to all the terms of the AGREEMENT applicable to CONSULTANT s work unless specifically noted to the contrary in the subcontract in question and approved in writing by the CONTRACT OFFICER. All contracts entered into between the CONSULTANT and its SUBCONSULTANT shall also provide that each SUBCONSULTANT shall obtain insurance policies which shall be kept in full force and effect during any and all work on this project and for the duration of this AGREEMENT. The CONSULTANT shall require the SUBCONSULTANT to obtain all policies described in Section 14 in the amounts required by the CITY, which shall not be greater than the amounts required of the CONSULTANT.
6.0 CHANGES TO THE SCOPE OF WORK 6.1 The CONSULTANT shall not perform work in excess of the DESCRIBED SERVICES without the prior written approval of the CONTRACT OFFICER. All requests for extra work shall be made by written request for a contract modification submitted to the CONTRACT OFFICER. To be effective, all contract modifications must be in writing and signed prior to the commencement of the work. Fees for additional work will be negotiated on a fixed-fee basis.
6.2 The CITY may unilaterally reduce the scope of work to be performed by the CONSULTANT. Upon doing so, CITY and CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a deductive change order or amendment to the AGREEMENT.
7.0 ENTIRE AGREEMENT
7.1 This AGREEMENT and incorporated attachments set forth the entire understanding of the PARTIES with respect to the subject matters herein. If there are any inconsistencies between the incorporated attachments and this AGREEMENT, the terms of this AGREEMENT control. There are no other understandings, terms, or other agreements expressed or implied, oral or written, except as set forth herein. No change, alteration, or modification of the terms or conditions of this AGREEMENT, and no verbal understanding of the PARTIES, their officers, agents, or employees shall be valid unless agreed to in writing by both PARTIES.
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8.0 TERMINATION OF AGREEMENT
8.1 In the event of CONSULTANT s default of any covenant or condition hereof, including, but not limited to, failure to timely or diligently prosecute, deliver, or perform the DESCRIBED SERVICES, or where the CONSULTANT fails to perform the work in accordance with the project schedule (ATTACHMENT D), the CITY may immediately terminate this AGREEMENT for cause if CONSULTANT fails to cure the default within ten (10) calendar days of receiving written notice of the default. Thereupon, CONSULTANT shall immediately cease work and within five (5) working days: (1) assemble all documents owned by the CITY and in CONSULTANT s possession, and deliver said documents to the CITY; and (2) place all work in progress in a safe and protected condition. The CONTRACT OFFICER shall make a determination of the percentage of work that CONSULTANT has performed that is usable and of worth to the CITY.
Based upon that finding, the CONTRACT OFFICER shall determine any final payment due to CONSULTANT.
8.2 This AGREEMENT may be terminated by the CITY, without cause, upon the giving of fifteen (15) days written notice to the CONSULTANT. Prior to the fifteenth (15th) day following the giving of the notice, the CONSULTANT shall assemble the completed work product to date, and put the same in order for proper filing and closing, and deliver said product to the CITY. The CONSULTANT shall be entitled to just and equitable compensation for any satisfactory work completed. The CONTRACT OFFICER and CONSULTANT shall endeavor to agree upon a percentage complete of the contracted work if fees are fixed, or an agreed dollar sum based on services performed if hourly, and terms of payment for services and reimbursable expenses.
CONSULTANT hereby expressly waives any and all claims for damages or compensation arising under this AGREEMENT except as set forth herein.
9.0 OWNERSHIP OF DOCUMENTS
9.1 All work products (i.e., documents, data, studies, drawings, maps, models, photographs, and reports) prepared by CONSULTANT under this AGREEMENT, whether paper or electronic, shall become the property of CITY for use with respect to this project, and shall be turned over to the CITY upon completion of the DESCRIBED SERVICES or any phase thereof, as contemplated by this AGREEMENT.
9.2. Contemporaneously with the transfer of such documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer.
10.0 STATUS OF CONSULTANT
10.1 CONSULTANT shall perform the DESCRIBED SERVICES in a manner of CONSULTANT s own choice, as an independent contractor and in pursuit of CONSULTANT s Attachment 2
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independent calling, and not as an employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSULTANT in the performance of the DESCRIBED SERVICES, the CITY only being concerned with the finished results of the work being performed. CONSULTANT shall confer with the CITY at a mutually agreed frequency and inform the CITY of incremental work/progress as well as receive direction from the CITY. Nei s employees shall be
entitled in any manner to any employment benefits, including, but not limited to, employer-paid payroll taxes, Social Security, retirement benefits, health benefits, or any other benefits, as a result of this AGREEMENT. It is the intent of the parties that neither CONSULTANT nor its employees CONSULTANT shall indemnify, defend and hold CITY harmless from any such obligations on the part of its officers, employees and agents.
11.0 ASSIGNMENT OF CONTRACT
11.1 This AGREEMENT and any portion thereof shall not be assigned or transferred, nor shall consent of the CITY.
12.0 COVENANT AGAINST CONTINGENT FEES
12.1 CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working for CONSULTANT, to solicit or secure this AGREEMENT, and that CONSULTANT has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this AGREEMENT. For breach or violation of this warranty, the CITY shall have the right to terminate this AGREEMENT without liability, or, at the CITY s sole discretion, to deduct from the AGREEMENT the price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
13.0 INDEMNITY HOLD HARMLESS
13.1 To the fullest extent permitted by law, CONSULTANT, through its duly authorized representative, agrees that CITY and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, CITY Indemnitees ) shall have no liability to CONSULTANT or any other person, and CONSULTANT shall indemnify, protect, and hold harmless CITY Indemnitees from and against, any and all liabilities, claims, demands, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses, including reasonable attorneys fees and disbursements (collectively claims ) that arise out of, or pertain to, or relate to this AGREEMENT or the negligence, recklessness, or willful misconduct of CONSULTANT, its employees, agents, and SUBCONSULTANTS in the performance of the DESCRIBED SERVICES.
13.2 s obligation herein does not extend to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage, or expense arising from the sole Attachment 2
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negligence, recklessness or willful misconduct of the CITY or its elected or appointed boards, officials, officers, agents, employees or volunteers.
13.3 CONSULTANT shall provide a defense (with counsel acceptable to CITY) to s Indemnitees, or, s s
fees, expenses, and liabilities (including judgment or portion thereof) incurred with respect to any litigation in which the CONSULTANT is obligated to indemnify, defend, and hold harmless the CITY pursuant to this AGREEMENT.
13.4 The provisions of this section 13 shall not be limited by any provision of insurance coverage that the CONSULTANT may have in effect, or may be required to obtain and maintain, during the term of this AGREEMENT. The provisions of this section 13 are continuing obligations and shall survive expiration or termination of this AGREEMENT.
13.7 PERS Eligibility Indemnification. In the event that any of officers, employees, agents, subcontractors, representatives or other persons providing services on under this Agreement
claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the CITY, Contractor shall indemnify, defend (with counsel acceptable to CITY), and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of PERSONNEL as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY.
Notwithstanding any other agency, state or federal policy, rule, regulation, law, or ordinance to the PERSONNEL providing services under this AGREEMENT shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contributions to be paid by CITY for employer contributions and/or employee contributions for PERS benefits.
13.8 Limitation of CITY Liability. The payment made to CONSULTANT pursuant to this AGREEMENT shall be the full and complete compensation to which CONSULTANT and CONSULTANT PERSONNEL are entitled for performance of any work under this contract.
salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the CITY. The CITY will not make any federal or state tax withholdings on behalf of CONSULTANT.
behalf of CONSULTANT.
13.9 Indemnification for Employee Payments. CONSULTANT agrees to defend (with counsel acceptable to CITY), indemnify and hold harmless the CITY for and against any obligation, claim, suit, or demand for tax, retirement contribution, including any contribution to the Public Employees Retirement System (PERS), Social Security, salary, or wages, overtime of CONSULTANT or for work done under this AGREEMENT.
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14.0 INSURANCE
14.1 CONSULTANT shall procure and maintain for the duration of this AGREEMENT insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the DESCRIBED SERVICES and the results of that work by the CONSULTANT or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.
14.2 CONSULTANT shall obtain and, during the term of this AGREEMENT, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance from an insurance company authorized to do business in the State of California in insurable amounts of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate or the limits specified below, whichever are greater. The insurance policies shall provide that the policies shall remain in full force during the life of the AGREEMENT, and shall not be canceled or not renewed without thirty (30) days prior written obligation or liability upon the company, its agents,
Maintenance of specified
insurance coverage is a material element of this AGREEMENT.
14.3 Types and Amounts Required. CONSULTANT shall maintain, at minimum, the following insurance coverage for the duration of this AGREEMENT:
14.3.1 Commercial General Liability (CGL). CONSULTANT shall maintain CGL Insurance written on an ISO Occurrence form or equivalent providing coverage at least as broad as CG 00 01 which shall cover liability arising from any and all personal injury or property damage, including ongoing and completed operations, in the amount of $2,000,000 per occurrence and subject to an annual aggregate of $4,000,000. If limits apply separately to this project (CG 25 03 or 25 04) the general aggregate limit shall not apply. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy. If the CONSULTANT or subcontractor maintains higher limits than the limits shown above, the CITY shall be entitled to coverage for the higher limits maintained by the CONSULTANT and/or their subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. Any excess or umbrella policies being used to meet the required limits of insurance will be evaluated separately and must meet the same
14.3.2 Commercial Automobile Liability. CONSULTANT shall maintain Commercial Automobile Liability Insurance for all of the CONSULTANT s automobiles, including owned, hired, and non-owned automobiles, written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of no less than $1,000,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
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14.3.3 Workers Compensation. CONSULTANT shall maintain Workers Compensation insurance for all of the CONSULTANT s employees who are subject to this AGREEMENT and to the extent required by applicable state or federal law, a Workers Compensation policy providing at minimum $1,000,000 employers liability coverage. The CONSULTANT shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives.
14.3.4 Professional Liability. CONSULTANT shall maintain Professional Liability (errors and omissions) coverage with a limit of no less than $1,000,000 per claim and $2,000,000 annual aggregate. The policy shall be on a claims made and in the aggregate basis. The CONSULTANT shall ensure both that: (1) the policy retroactive date is on or before the date of commencement of the DESCRIBED SERVICES; and (2) the policy will be maintained in force for a period of three years after substantial completion of the DESCRIBED SERVICES or termination of this AGREEMENT, whichever occurs last.
The CONSULTANT agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the CITY s exposure to loss. All defense costs shall be outside the limits of the policy. If CONSULTANT maintains higher limits than the limits shown above, the CITY shall be entitled to coverage for the higher limits maintained by the CONSULTANT. Any available proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
14.4 The CITY, its officers, officials, employees, and representatives shall be named as additional insureds on the required general liability, cyber liability, and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts, or equipment furnished in connection with such work or operations. The CITY's additional insured status must be reflected on additional insured endorsement form (20 10 1185 or 20 10 1001 and 20 37 1001) which shall be submitted to the CITY. s policies are primary
insurance and that insurance (including self-retention) of the CITY or any named insured shall not be called upon to contribute to any loss, as reflected in an endorsement at least as broad as CG 20 01 04 13 which shall be submitted to the CITY. This provision shall apply regardless of any language of the general liability, cyber liability, and automobile liability policy maintained by the CONSULTANT during the term of this AGREEMENT.
14.5 Before CONSULTANT shall employ any person or persons in the performance of the AGREEMENT, CONSULTANT shall procure a policy of W Compensation insurance as required by the Labor Code of the State of California, or shall obtain a certificate of self-insurance from the Department of Industrial Relations.
14.6 CONSULTANT shall furnish certificates of said insurance and policy endorsements to the CONTRACT OFFICER prior to commencement of work under this AGREEMENT. Failure by the CONTRACT OFFICER to object to the contents of the certificate and/or policy endorsement or the absence of same shall not be deemed a waiver of any and all rights held by the CITY. Failure Attachment 2
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on the part of CONSULTANT to procure or maintain in full force the required insurance shall constitute a material breach of contract under which the CITY may exercise any rights it has in law or equity including, but not limited to, terminating this AGREEMENT pursuant to Paragraph
8.1 above.
14.7 The CITY reserves the right to review the insurance requirements of this section during the effective period of the AGREEMENT and to modify insurance coverages and their limits when nager based upon economic conditions,
recommendation of professional insurance advisors, changes in statutory law, court decisions, or other relevant factors. The CONSULTANT agrees to make any reasonable request for the deletion, revision, or modification of particular insurance policy terms, conditions, limitations, or exclusions (except where those policy provisions are established by law, or are established by regulations that are binding upon either party to the contract, or are binding upon the underwriter to the contract). Upon request by CITY, CONSULTANT shall exercise reasonable efforts to accomplish such changes in policy coverages and shall pay the cost thereof.
14.8 Any deductibles or self-insured retentions must be declared to and approved by the CITY. s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
14.9 CONSULTANT hereby grants to CITY a waiver of any right to subrogation that any insurer of said CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the CITY has requested or received a waiver of subrogation endorsement from the insurer.
15.0 DISPUTES
15.1 If a dispute should arise regarding the performance of this AGREEMENT, the following procedures shall be used to address the dispute:
a. If the dispute is not resolved informally, then, within five (5) working days thereafter, the CONSULTANT shall prepare a written position statement containing the party s full position and a recommended method of resolution and shall deliver the position statement to the CONTRACT OFFICER.
b. Within ten working (10) days of receipt of the position statement, the CONTRACT OFFICER shall prepare a response statement containing the full position and a recommended method of resolution and shall deliver the response statement to the CONSULTANT.
c. After the exchange of statements, if the dispute is not resolved within ten working (10) days, the CONSULTANT and the CONTRACT OFFICER shall deliver the statements to the City Manager who shall make a determination within ten working (10) days.
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15.2 If the dispute remains unresolved for ten working (10) days following determination, and the parties have exhausted the procedures of this section, the parties may then seek resolution by mediation or such other remedies available to them by law or in equity.
16.0 GENERAL PROVISIONS
16.1 Accounting Records. CONSULTANT shall keep records of the direct reimbursable expenses pertaining to the DESCRIBED SERVICES and the records of all accounts between the CONSULTANT and SUBCONSULTANTS. CONSULTANT shall keep such records on a generally recognized accounting basis. At any time during normal business hours, and as often as CITY may deem necessary, the CONSULTANT shall make available to the CONTRACT OFFICER, or the CONTRACT OFFICER s authorized representative, for examination, all of its records with respect to all matters covered by this AGREEMENT and shall permit CITY to audit, examine, and/or reproduce such records. CONSULTANT shall retain such financial and program service records for a period of four (4) years from the completion of the work or after termination or final payment under this AGREEMENT, whichever is later.
16.2 CONTRACT OFFICER. s designated CONTRACT OFFICER has the authority to direct the CONSULTANT, approve actions, request changes, and approve additional services within her/his authority. Any obligation of the CITY under this AGREEMENT shall be the responsibility of the CONTRACT OFFICER. Excepting the provisions pertaining to dispute resolution, no other person shall have any authority under this AGREEMENT unless specifically delegated in writing.
16.3 Governing Law. This AGREEMENT and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this AGREEMENT shall be held exclusively in a State court in the County of San Diego. CONSULTANT hereby waives the right to remove any action from San Diego County as is otherwise permitted by California Code of Civil Procedure Section 394.
16.4 Compliance with Laws/Business Certificate. CONSULTANT and its SUBCONSULTANTS are required to comply with all applicable federal, state and local laws, rules, regulations, orders, policies, protocols and guidance, including, but not limited to, obtaining and maintaining a City Business Certificate during the duration of this AGREEMENT and complying with COVID-19 sanitation protocols, health orders and guidance.
16.5. Drafting Ambiguities. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this AGREEMENT, and the decision of whether or not to seek advice of counsel with respect to this AGREEMENT is a decision which is the sole responsibility of each Party. This AGREEMENT shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the AGREEMENT.
16.6. Conflicts between Terms. If an apparent conflict or inconsistency exists between the main body of this AGREEMENT and the Attachments, the main body of this AGREEMENT shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, Attachment 2
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or code and this AGREEMENT, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this AGREEMENT, the Attachments, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this AGREEMENT.
16.7 Non-Discrimination. CONSULTANT shall not discriminate against any employee or applicant for employment because of sex, race, color, age, religion, ancestry, national origin, disability, military or veteran status, medical condition, genetic information, gender expression, marital status, or sexual orientation. CONSULTANT shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their sex, race, color, age, religion, ancestry, national origin, disability, military or veteran status, medical condition, genetic information, gender expression, marital status, or sexual orientation and shall make reasonable accommodation to qualified individuals with disabilities or medical conditions. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation, and selection for training, including apprenticeship.
CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by CITY setting forth the provisions of this non-discrimination clause.
16.8 Responsibility for Equipment. Notwithstanding anything in this AGREEMENT to the contrary, CITY shall not be responsible nor held liable for any damage whatsoever, including, but not limited to persons or property, resulting from or arising out of the use, misuse or failure of any equipment used by CONSULTANT agents, employees or
SUBCONSULTANTS, even if such equipment has been furnished, rented, or loaned to CONSULTANT by CITY. Any and all equipment furnished, rented, or loaned to CONSULTANT - AKES NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, REGARDING ITS EQUIPMENT, AND HEREBY
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The acceptance or use of any CITY equipment by CONSULTANT or agents, employees, or SUBCONSULTANTS shall be with all faults and shall be construed to mean that CONSULTANT accepts full responsibility for and agrees to defend, indemnify, and hold harmless CITY from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment. CONSULTANT
HEREBY RELEASES, WAIVES, DISCHARGES AND CONVENANTS NOT TO SUE CITY
FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS RELATING TO ANY CITY EQUIPMENT.
16.9 Public Works Contract. CONSULTANT acknowledges that this is a public works contract. CONSULTANT represents and warrants that it is familiar with the requirements of the California Labor Code and agrees to comply at all times with relevant statutes and regulations, including, but not limited to the fact that CONSULTANT must pay not less than prevailing wage rates as determined by the Director of Industrial Relations for all work done under this AGREEMENT, as applicable. State of California prevailing wage rates can be found on the Attachment 2
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internet at http://www.dir.ca.gov/DLSR/PWD/Statewide.html. CONSULTANT is responsible for determining the correct title for job classifications and determining the appropriate wage rate.
CONSULTANT agrees to perform this AGREEMENT in accordance with ATTACHMENT F and all the obligations set forth therein.
17.0 NOTICES
17.1 Any notices to be given under this AGREEMENT, or otherwise, shall be served by certified mail. For the purposes hereof, unless otherwise provided in writing by the parties hereto:
a. The address of the CITY, and the proper person to receive any notice on the CITY s behalf, is:
City of Coronado
Public Services & Engineering Department
1825 Strand Way
Coronado, CA 92118
Attn.: Mike McCall, Principal Engineer
Telephone No. (619) 522-2652
b. The address of the CONSULTANT, and the proper person to receive any notice on the CONSULTANT s behalf, is:
Ninyo & Moore
5710 Ruffin Road
San Diego, CA 92123
Attn.: Gregory Farrand, PG, CEG, Principal-In-Charge/Point of Contact Telephone No. (858) 576-1000, ext. 11220
18.0 PROFESSIONAL CONSULTANT S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986
18.1 CONSULTANT certifies that CONSULTANT is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 U.S.C. §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of CONSULTANT and all its agents, employees, representatives and SUBCONSULTANTS, and any other person performing any of the DESCRIBED SERVICES.
19.0 ADDITIONAL PROVISIONS
19.1 Consequential Damages. Neither Party shall be liable to the other for consequential damages, including, without limitation, loss of use or loss of profits, incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by breach of contract, willful misconduct, negligent act or omission, or other wrongful act of either of them.
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19.2 Responsibility for Others. CONSULTANT shall be responsible to the CITY for its services and the services of its SUBCONSULTANTS. CONSULTANT shall not be responsible for the acts or omissions of any other persons engaged by the CITY nor for their construction means, methods, techniques, sequences, or procedures, or their health and safety precautions and programs.
19.3 Representation. The CONSULTANT is not authorized to represent the CITY, to act as , or to bind the CITY to any contractual agreements whatsoever.
19.4 Third- s Work Product (Peer Review). At the option of the CI s work product may be performed by an independent expert chosen by the CITY. In such case, the CONSULTANT agrees to confer and cooperate fully with the independent expert to allow a thorough review of the work product by the expert. Such review is intended to provide the CITY with a peer review of the concepts, all pre-design documentation, methods, professional recommendations, and other work product of the CONSULTANT. The results of this review will be furnished to the CITY and shall serve to assist the CITY i s deliverables under this AGREEMENT.
19.5 Periodic Reporting Requirements. The CONSULTANT shall provide a written status report of the progress of the work on a monthly basis that s payment invoice. The status report shall, at a minimum, report the work accomplished to date; describe any milestones accomplished; show and discuss the results on any testing or exploratory work; provide an update to the approved schedule (as set forth in ATTACHMENT D or, if no ATTACHMENT D, as approved by the CONTRACT OFFICER), and if not in accordance with the original schedule, describe how the CONSULTANT intends to get back on the original schedule; describe any problems or recommendations to increase the scope of the work; and provide any other information that may be requested by the CITY. The report is to be of a form and quality appropriate for submission to the City Council.
19.6 Brand or Trade Names. [Reserved]
19.7 Rights Cumulative. All rights, options, and remedies of the CITY contained in this AGREEMENT shall be construed and held to be cumulative, and no one of the same shall be exclusive of any other, and the CITY shall have the right to pursue any one of all of such remedies or any other remedy or relief that may be provided by law or in equity, whether or not stated in this AGREEMENT.
19.8 Waiver. No waiver by either Party of a breach by the other Party of any of the terms, covenants, or conditions of this AGREEMENT shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant, or condition herein contained. No waiver of any default of either Party hereunder shall be implied from any omission by the other Party to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect a default other than as specified expressly in said waiver.
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19.9 Severability. In the event that any part of this AGREEMENT is found to be illegal or unenforceable under the law as it is now or hereafter in effect, either Party will be excused from performance of such portion or portions of this AGREEMENT that is found to be illegal or unenforceable without affecting the remaining provisions of this AGREEMENT.
19.10 Attachments Incorporated. All ATTACHMENTS referenced in this AGREEMENT are incorporated into the AGREEMENT by this reference.
THE REMAINDER OF THIS PAGE LEFT BLANK.
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20. SIGNATURES
20.1 Each signatory and Party hereto hereby warrants and represents to the other Party that it has legal authority and capacity and direction from its principal to enter into this AGREEMENT, and that all resolutions or other actions have been taken so as to enable it to enter into this AGREEMENT.
CITY: CONSULTANT:
By: _____________________________
Tina Friend, City Manager
By: ______________________________
Gregory Farrand, PG, CEG
Principal-In-Charge
Date: _______________________________ Date: _______________________________ By: ______________________________
Kenneth Mansir, Jr., PE,GE
Principal Engineer
APPROVED AS TO CONTENT: Date: _______________________________ __________________________________________ Leon P. Firsht, Director Date APPROVAL AS TO FORM: __________________________________________ Johanna N. Canlas, City Attorney Date ATTEST: ___________________________________________ Kelsea Holian, MMC, City Clerk Date
ATTACHMENT A SAMPLE TASK ORDER
ATTACHMENT B CONSULTANT CONFLICT OF INTEREST DETERMINATION
ATTACHMENT C PAYMENT FOR SERVICES
ATTACHMENT D SCHEDULE OF SERVICES
ATTACHMENT E LISTING OF SUBCONSULTANTS
ATTACHMENT F PREVAILING WAGE
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ATTACHMENT A - SAMPLE TASK ORDER
TASK ORDER: 25-N&M-001
Contract No. 25-PS-EN-973
Pursuant to that certain Agreement for Professional Services dated Month Day, Year Ninyo & Moore
to provide the PROFESSIONAL
SERVICES as described herein and on the terms and conditions set forth in the AGREEMENT. 25-N&M-001-A SCOPE OF SERVICES
25-N&M-001-B PAYMENT FOR SERVICES
25-N&M-001-C SCHEDULE OF SERVICES
25-N&M-001-D LISTING OF SUBCONSULTANTS
CONSULTANT CITY
Ninyo & Moore City of Coronado ___________________________________ ___________________________________ Gabriel Smith, PE, GE Date Senior Project Engineer/Project Manager
Tina Friend, City Manager Date ___________________________________ Gregory Farrand, PG, CEG Date Principal Geologist/Principal-In-Charge ___________________________________ Leon P. Firsht, Director Date Contract approved as to form: ___________________________________ Johanna Canlas, City Attorney Date
Attest: ___________________________________ Kelsea Holian, MMC Date City Clerk
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ATTACHMENT A - SAMPLE TASK ORDER
TASK ORDER: 25-N&M-001-A
SCOPE OF SERVICES
This task order hires CONSULTANT to provide geotechnical engineering services for the (described project). The work shall consist of the following:
Task 1: Field Exploration
Task 2: Laboratory Testing
Task 3: Analysis and Report Preparation
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ATTACHMENT A - SAMPLE TASK ORDER
TASK ORDER: 25-N&M-001-B
PAYMENT FOR SERVICES
A. PAYMENT FOR SERVICES: This Task Order shall be on a time and materials basis and fees shall not exceed $_______ in total. Payments to the CONSULTANT for the DESCRIBED SERVICES under this Task Order shall be made in the form of monthly payments due for each sub-task on a time and materials basis based on the actual and reasonable time spent by CONSULTANT in performing the subATTACHMENT C to the AGREEMENT, and the reimbursable expenses set forth in ATTACHMENT C to the AGREEMENT. No services will be invoiced or paid until the sub-task has been completed. All invoices submitted by the CONSULTANT shall show an hourly reconciliation of time spent on each sub-task and will be billed against this Task Order. The original invoice shall be provided for any subcontracted services. Normal processing time for payments is four (4) weeks.
B. COST ESTIMATE
Task Not to Exceed Cost
Task 1 $TBD
Task 2 $TBD
Task 3 $TBD
TOTAL $Sum of tasks
C. REIMBURSABLE SERVICES: All reimbursables shall be paid under the time and materials invoicing for each task performed.
written approval.
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ATTACHMENT A - SAMPLE TASK ORDER
TASK ORDER: 25-N&M-001-C
SCHEDULE OF SERVICES
CONSULTANT agrees to diligently pursue the DESCRIBED SERVICES in this Task Order. The following schedule contractually obligates the CONSULTANT to perform all services to meet the time duration for sub-task shown unless otherwise approved by CITY.
The CONSULTANT shall submit the deliverables within XX weeks of receipt of the executed Task Order.
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ATTACHMENT A SAMPLE TASK ORDER
TASK ORDER: 25-N&M-001-D
LISTING OF SUBCONSULTANTS
Listed below are any and all subconsultants which the CONSULTANT plans to employ under this AGREEMENT. No change is allowed without the prior approval of the Contract Officer.
SUBCONSULTANT SUBCONSULTANT ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ SUBCONSULTANT SUBCONSULTANT ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ SUBCONSULTANT SUBCONSULTANT ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ SUBCONSULTANT SUBCONSULTANT ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Attachment 2
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ATTACHMENT B
As-Needed Professional Geotechnical Engineering Services Contract No. 25-PS-EN-973
CONFLICT OF INTEREST DETERMINATION
CONSULTANT shall at all times comply with the terms of the Political Reform Act and the local conflict of interest ordinance. CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the CONSULTANT has a financial interest as defined in Government Code Section 87103.
CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the City.
CONSULTANT1
agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule, or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the CITY to enter into, modify, or renew a contract, provided it is the type of contract that requires CITY approval;
5. Grant CITY approval of a contract that requires CITY approval and to which the CITY is a party, or to the specifications for such a contract;
6. Grant CITY approval of a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the CITY, or for any subdivision thereof; or
(B) Serves in a staff capacity with the CITY and in that capacity participates in making a governmental decision as defined in Regulation 18704(a) and (b) or performs the same or substantially all the same duties for the CITY that would otherwise be performed by an individual holding a position specified in the CITY Interest Code.
1which case the Conflict of Interest Code may still apply. The Conflict of Interest Code, however, does not cover public works contractors.
Attachment 2
City of Coronado Page 363
CA Office approved Template (05-20-22)
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DISCLOSURE DETERMINATION:
X 1. CONSULTANT/CONTRACTOR
as defined in Sections A and B
above. No disclosure required.
2. CONSULTANT/CONTRACTOR
result, CONSULTANT/CONTRACTOR shall file, with the City Clerk of the City of Coronado in a timely manner as required by law, a Statement of Economic Interest (Form 700), as required by the City of Coronado Conflict of Interest Code, and the Fair Political Practices Commission, to meet the requirements of the Political Reform Act.*
Signature Date
Name Leon P. Firsht, Director Department Public Services & Engineering City Attorney Approval of Determination
City Manager Approval of Determination
*The s disclosure of investments, real property, income, loans, business positions, and gifts, shall be limited to those reasonably related to the project for which CONSULTANT has been hired by the CITY.
Attachment 2
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CA Office approved Template (05-20-22)
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ATTACHMENT C
As-Needed Professional Geotechnical Engineering Services Contract No. 25-PS-EN-973
PAYMENT FOR SERVICES
A. Fees: CONSULTANT shall perform the DESCRIBED SERVICES on a time and materials basis or fixed fee based on the actual and reasonable time spent on the DESCRIBED SERVICES set forth in the Task Order(s) according to the following hourly rates:
Hourly Rates
Total payments for any given Task Order shall not exceed the not to exceed amount set forth in such Task Order. The hourly rates set forth above are not subject to increase during the first year of the AGREEMENT.
Attachment 2
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CA Office approved Template (05-20-22)
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Attachment 2
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CA Office approved Template (05-20-22)
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Geotechnical and Materials Laboratory Testing Services
Attachment 2
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CA Office approved Template (05-20-22)
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B. Reimbursables: The professional fees set forth above shall include all materials and reimbursable expenses. No reimbursement shall be
approval.
C. Payments: Payments to the CONSULTANT for the DESCRIBED SERVICES shall be made in the form of monthly payments due for each sub-task as set forth on the Task Order(s) on a time and materials basis based on the actual and reasonable time spent by CONSULTANT in performing the subabove, and the reimbursable expenses set forth above. No services will be invoiced or paid until the sub-task(s) has been completed as set forth in a given Task Order. All invoices submitted by the CONSULTANT shall show an hourly reconciliation of time spent on each sub-task and will be billed against the relevant Task Order. The original invoice shall be provided for any subcontracted services. Normal processing time for payments is four (4) weeks.
Attachment 2
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CA Office approved Template (05-20-22)
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ATTACHMENT D
As-Needed Professional Geotechnical Engineering Services Contract No. 25-PS-EN-973
SCHEDULE OF SERVICES
CONSULTANT agrees to diligently pursue the DESCRIBED SERVICES in this AGREEMENT and to perform all services to meet the time duration for each Task Order issued under this AGREEMENT unless otherwise approved by CITY.
Attachment 2
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CA Office approved Template (05-20-22)
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ATTACHMENT E
As-Needed Professional Geotechnical Engineering Services Contract No. 25-PS-EN-973
LISTING OF SUBCONSULTANTS
Listed below are any and all SUBCONSULTANTS that the CONSULTANT plans to employ under this AGREEMENT. Include DIR Contractor Registration Numbers where applicable. No change is allowed without the prior approval of the CONTRACT OFFICER.
SUBCONSULTANT SUBCONSULTANT _____________________________________ ______________________________________ _____________________________________ ______________________________________ _____________________________________ ______________________________________ _____________________________________ ______________________________________ SUBCONSULTANT SUBCONSULTANT ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ SUBCONSULTANT SUBCONSULTANT ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ SUBCONSULTANT SUBCONSULTANT ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Attachment 2
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CA Office approved Template (05-20-22)
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ATTACHMENT F
STATE PREVAILING WAGE RATES AND OBLIGATIONS
Prevailing Wage Rates: This project is a public work in accordance with California Labor Code §§1720, et seq. It is the sole responsibility of the CONSULTANT to ensure that all workers employed in the execution of the AGREEMENT are paid the correct prevailing wage rate. CONSULTANT is required to comply with California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813 and 1815, which are incorporated by reference, and the CONSULTANT agrees to comply with all of the above-referenced provisions and all other statutes or regulations that may be applicable to the performance of the DESCRIBED SERVICES. Specifically, CONSULTANT agrees to:
a. Pay all workers not less than the general prevailing rate of per diem wages for work of similar character in the locality in which the public work is performed.
b. Pay all workers not less than the general prevailing rate of per diem wages for holiday and for overtime work that exceeds 8 hours in one day and 40 hours in one week. c. Adhere to the compliance measures outlined in Labor Code section 1775(b) for any subconsultant that the CONSULTANT chooses to use on this project.
d. Maintain, certify and make available for inspection, payroll records as required by Labor Code section 1776.
e. Comply with all apprenticeship requirements pursuant to Labor Code section 1777.5.
Not less than the State general prevailing wages, as determined by the Director of the Department of Industrial Relations, shall be paid by the CONSULTANT and its subconsultants to all workers employed on the project, as applicable. The statutory provisions for penalties for failure to pay prevailing wages and for failure to comply with state's wage and hour laws will be enforced.
CITY has obtained from the Director of the Department of Industrial Relations said Director s General Prevailing Wage Determinations for the locality in which the work is to be performed. Said determinations are on file and available for review on
http://www.dir.ca.gov/DLSR/PWD
SB 854 Notice: CITY public works projects are subject to compliance monitoring and enforcement by the Department of Industrial Relations ( DIR ) in accordance with Labor Code Section 1771.4(a)(1). As part of this program, CONSULTANTS and subconsultants on Public Works Projects are required to be registered with the DIR in accordance with Labor Code Section 1725.5. Unregistered CONSULTANTS are not qualified to bid on, be listed in a bid, listed as a subconsultant, or engage in the performance of any public works contract, all as more particularly described in Labor Code Section 1771.1(a). CITY has no duty to accept a bid or enter into a contract without proof of the current registration pursuant to Labor Code Section 1771.1(b). The prime CONSULTANT shall be required to post the job site with all notices required by regulations per Labor Code Section 1771.4(a)(2), whether or not CITY also posts.
Labor Code Compliance: CONSULTANT shall comply with the provisions of the Labor Code requiring the payment of prevailing wages on public works, commencing with Section 1720. In accordance with Labor Code Section 1775, the CONSULTANT shall forfeit an amount, as determined by the Labor Commissioner, for each worker paid less than the applicable prevailing wage rate for the work or craft in which that worker is employed for any work done under the AGREEMENT by CONSULTANT or by any subconsultant. CONSULTANT agrees to pay the difference between the prevailing wage rate and amount paid to each worker in accordance with Labor Code Section 1775 (a)(2)(E).
Attachment 2
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CA Office approved Template (05-20-22)
SD #4885-8029-8282 v1 4868-3526-7796 v2 32
Pursuant to Labor Code Section 1770, the Director of the DIR has ascertained the general prevailing rate of per diem wages and a general prevailing rate for legal holiday and overtime work for each craft required for execution of the AGREEMENT. In accordance with Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file and can be viewed during normal business hours at Coronado City Hall, located at 1825 Strand Way, Coronado, CA 92118. CONSULTANT shall post a copy of the applicable prevailing wage rates at the job site.
Wage rates set forth are the minimum that may be paid by the CONSULTANT. Nothing herein shall be construed as preventing the CONSULTANT from paying more than the minimum rates set. No extra compensation whatsoever will be allowed by the CITY due to the inability of CONSULTANT to hire labor at minimum rates, nor for necessity for payment by CONSULTANT of subsistence, travel time, overtime, or other added compensations, all of which possibilities are elements to be considered and ascertained to CONSULTANT satisfaction in preparing its bid or entering into the AGREEMENT.
If it becomes necessary to employ crafts other than those listed in the General Prevailing Wage Rate, CONSULTANT shall obtain a wage rate determination. The rates thus determined shall be applicable as minimum from the time of initial employment. CONSULTANT shall be responsible for paying the applicable rate.
CONSULTANT and each subconsultant shall keep, certify and make available accurate payroll record in accordance with Labor Code Sections 1771.4(a)(3) and 1776. The record shall contain the names, addresses, social security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by CONSULTANT and/or subconsultant in connection with the DESCRIBED SERVICES. Payroll records shall be certified and shall be on forms provided by the Division of Labor Standards Enforcement, or shall contain the same information as certified payroll records shall be available
for inspection at the principal office of the CONSULTANT.
Apprentices: CONSULTANT and each subcontractor shall comply with the requirements of Labor Code Section 1777.5, and any related regulations regarding the employment of registered apprentices. Properly registered apprentices shall be employed in the execution of the DESCRIBED SERVICES at the ratios required, but in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work. Every apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only at the work of the craft or trade to which the apprentice is registered. The CONSULTANT shall be responsible for compliance with Labor Code Section 1777.5 for all apprenticeable occupations.
: CONSULTANT and each subcontractor will be required to secure the payment of compensation to his or her employees and shall comply with the requirements of Labor Code Section 3700, and any related regulations regarding
In signing this AGREEMENT, CONSULTANT certifies as follows:
California Labor Code. I am aware
of and will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workers Compensation or to undertake self-insurance before commencing any of the work. I further certify that if I should consult, contract or subcontract with any person, firm, or company to do all or any part of the work for which this AGREEMENT covers, I shall assure compliance by that contractor/consultant or subcontractor/subconsultant with Sections 3700 and 3800 of the State Labor Code. I further certify that all consultants and contractors (both primary and subcontractors/subconsultants) are registered with the State of Ca
Attachment 2
City of Coronado Page 372
THIS PAGE INTENTIONALLY LEFT BLANK
CITY COUNCIL STAFF REPORT
February 18, 2025 5i
ADOPTION OF “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORONADO, CALIFORNIA, AMENDING ITS FISCAL YEAR 2024-25 PERSONNEL AUTHORIZATION AND COMPENSATION PLAN TO INCORPORATE COMPENSATION CHANGES”
RECOMMENDATION:
Adopt “A Resolution of the City Council of the City of Coronado, California, Amending its Fiscal Year 2024-25 Personnel Authorization and Compensation Plan to incorporate Compensation and Changes.”
BACKGROUND:
The Personnel Authorization and Compensation Plan (PACP) enumerates the number of authorized positions and classifications and the approved pay ranges for all classifications. When compensation, benefit, or classification adjustments are recommended, the City Council is presented with them for approval.
The complete PACP (Exhibit A to Resolution 2025-05) and the Memoranda of Understanding (MOU) for the Coronado Police Officers’ Association (CPOA), Coronado Firefighters Association’ (CFA), and American Federation of State, County and Municipal Employees (AFSCME), Local 127 can be found at:
https://www.coronado.ca.us/186/City-Employment-Salaries-Memoranda-of-Un.
ANALYSIS:
When changes in compensation, benefit, or classifications occur, it is important to amend the PACP or applicable MOU to reflect the changes for CalPERS purposes and for public transparency.
The City’s Classification and Compensation plan currently has defined a total of 104 classification specifications. Of the 104 classifications, 91 classifications are classified under the City’s Civil Service Rules and 13 are unclassified Executive classifications. Each of the 254.75 positions is allocated to a classification specification. Each classification specification outlines a general statement of the level of work, objectives, examples of essential duties, and the qualifications for the classification.
In the fall of 2024, Recreation & Golf Services submitted two reclassification requests to Administrative Services. Human Resources staff conducted a position and classification review for each, which found the reclassifications to be justified. The City Manager’s office is supportive of the reclassification requests and the changes listed below are requested as a result.
1. Section 3. Authorized regular full-time and part-time positions Recreation & Golf Services – Reclassifications
a. Reclassify Department Administrative Assistant to Department Administrative Coordinator. The classification review confirmed that the incumbent is currently performing the higher-level Coordinator duties and that there is an ongoing department need for those duties to remain in this position.
City of Coronado Page 373
b. Reclassify the vacant Recreation Coordinator to a Recreation Services Supervisor.
The classification review confirmed that to be responsive to the feedback provided in the 2024 community survey, it is desirable to elevate the vacant Coordinator position into a new division of Recreation. The new division will focus on community engagement and events, creating capacity to actively recruit volunteers, solicit scholarship donations, and develop after-school programming for middle and high school youth.
The following changes are also requested as part of the FY 2024-25 PACP amendment.
2. Section 1 & 3. Classified Regular Positions & Authorized Positions Remove references to Office Assistant I, Office Assistant II, and Office Specialist. There are no authorized positions with these titles. These classifications were replaced in 2023 by the classifications of Department Administrative Assistant and Department Administrative Coordinator and the outdated titles should be removed from the PACP.
3. Section 4. Executive and Exempt Classifications
In August 2024, the classification specification and salary schedule of the Deputy City Clerk were amended. The enhanced duties moved the position from a FLSA non-exempt status to a FLSA exempt status. The FLSA status was updated on the classification specification in August 2024, but staff overlooked adding the position title to Section 4.B. of the PACP, which lists all FLSA Exempt classifications. The proposed PACP corrects this oversight.
4. Section 19. Special Project Premium Pay
Expand the list of Recreation classifications that will rotate being on-call to include Aquatics Coordinator, Aquatics Supervisor, Senior Management Analyst, Management Assistant, and Department Administrative Coordinator. Previously only Recreation Coordinators and Recreation Supervisors were eligible to receive an additional $25 per day of special project pay during the time that they are assigned to be on-call and are available for work after their regularly scheduled workday.
The special project pay ensures that critical operations are covered and that employees have clear guidelines and support when managing various unforeseen situations that arise outside of normal working hours. Examples include the opening/closing of various recreation facilities when a scheduled employee is unable to work, operational and safety issues that require immediate assistance, and technical issues that require prompt resolution. One Recreation staff member is assigned to an on-call assignment at a time.
Expanding the named classifications will allow the duty to be rotated among the ten (10) authorized positions with the titles listed above and will not have a fiscal impact.
The above amendments will not change the number of FTEs; as a result, the PACP will continue to reflect a total of 254.75 authorized positions.
FISCAL IMPACT:
Of the proposed changes to the Personnel Authorization and Compensation Plan (PACP), only item 1, the Recreation reclassifications, has an estimated fiscal impact. Due to Recreation & Golf Department vacancies during FY2024-25, the higher compensation of the reclassifications will be absorbed within the FY2024-25 adopted budget and no additional appropriations are required.
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It is worth noting that if approved, the estimated fiscal impact of $35,000 will be reflected in the upcoming FY 2025-26 proposed budget.
ALTERNATIVE:
Council may not adopt the Resolution and direct staff to take different actions.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
Not Applicable.
PUBLIC NOTICE:
No notice required.
ATTACHMENTS:
1. Resolution No. 2025-05
Submitted By: Administrative Services Department / John Kim City of Coronado Page 375
Attachment 1
RESOLUTION NO. 2025-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CORONADO, CALIFORNIA, AMENDING ITS FISCAL YEAR
2024-25 PERSONNEL AUTHORIZATION AND COMPENSATION
PLAN TO INCORPORATE COMPENSATION CHANGES
WHEREAS, the City Council amends the Personnel Authorization and Compensation Plan (PACP) to reflect approved compensation, benefit, or classification adjustments, which include the enumeration of authorized positions, classifications, and approved pay ranges; and WHEREAS, the Fiscal Year 2024-25 Personnel Authorization and Compensation Plan (FY 2024-25 PACP) is attached herein as Exhibit “A”; and WHEREAS, as part of the City’s ongoing effort to ensure consistency and equity to the classifications and duties performed, staff conducted classification reviews for the Recreation Department Administrative Assistant and Recreation Coordinator; and WHEREAS, as a result of the classification review, City staff requests those certain reclassifications and adjustments are updated as detailed in Exhibit “A”; and WHEREAS, the previous PACP included references to outdated and inactive classifications of Office Assistant I, Office Assistant II, and Office Specialist, which shall be removed; and
WHEREAS, the classification of Deputy City Clerk is FLSA exempt and the classification title shall be added to the list of exempt classifications identified in the PACP; and WHEREAS, to resolve operational deficiencies and provide appropriate coverage during extended recreation program activities, City staff requests expanding special project premium pay, or on-call pay, to the classifications serving as permanent Recreation Department staff; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Coronado as follows:
1. That the above recitations are true; and
2. That the reclassification, adjustments, and Special Project Premium Pay for Recreation are approved and shall be reflected in the appropriate sections of the PACP; and
City of Coronado Page 376
Attachment 1
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Coronado, California, at a regular meeting thereof this eighteenth day of February, 2025 by the following vote to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED:
____________________________________
JOHN D. DUNCAN, Mayor of the
City of Coronado, California
ATTEST:
__________________________________
KELSEA HOLIAN, City Clerk of the
City of Coronado, California
City of Coronado Page 377
CITY OF
CORONADO
Personnel Authorization and Compensation Plan
Fiscal Year 2024-2025
Amended February 18, 2025
Resolution 2025-05
Exhibit A
City of Coronado Page 378
PERSONNEL AUTHORIZATION AND COMPENSATION PLAN
FISCAL YEAR 2024-2025
Table of Contents
Section Description Page
1 Classified Regular Positions……………………………………………………………. 1 2 Unclassified Positions………………………………………………………………… 4
3 Authorized Regular Full-Time & Part-Time Positions, Categorized by Function and Department…………………………………………………………………………... 5
4 Executive and Exempt Classifications ............................................................................. 9 5 Classifications Represented by Employee Associations…………………………………. 9 6 Self-Represented Classifications……………………………………………………….10 7 Temporary Part-Time and SeasonalClassifications (Non-Benefited) .............................. 11 8 ExceedingAuthorized Number ofPositions for a Classification ...................................... 12 9 Salaries ....................................................................................................................... 12 10 Retirement .................................................................................................................. 12 11 Leave .......................................................................................................................... 13 12 Health/Cafeteria Benefit Plan ........................................................................................ 15 13 TuitionReimbursement................................................................................................ 16 14 Holidays ..................................................................................................................... 16 15 Overtime ..................................................................................................................... 17 16 Use and Accrual ofCompensatoryTime ....................................................................... 17 17 Certification Pay…........…............................................................................................. 18 18 Bilingual Pay…........….................................................................................................. 18 19 SpecialProject Premium Pay…......................................................................................18 20 Out-Of-Class Assignments ........................................................................................... 18 21 Uniform, Clothing and SafetyEquipment ....................................................................... 18 22 City Paid Life Insurance…..................…...................................................................... 19 23 City Paid Short TermDisability Insurance.....................................................................19 24 CityPaid LongTermDisability Insurance. ..................................................................... 19 25 Educational Incentives.…...............................................................................................20 26 Longevity Pay .............................................................................................................. 20 27 Rounding ofSalaries ..................................................................................................... 20 28 "Z"Rated Salaries….............................................…...................................................... 20 29 Vehicle Allowance ...................................................................................................... 21 30 Conflict withCivilServices Rules and Memoranda ofUnderstanding............................... 21 Fiscal Year 2024-2025
Resolution 2025-05
Exhibit A
City of Coronado Page 379
PERSONNEL AUTHORIZATION AND COMPENSATION PLAN FISCAL YEAR 2024-25 Section 1. Classified Regular Positions
A. REGULAR FULL-TIME POSITIONS (Biweekly Salary)
A1. AFSCME
No. Job Class Range Description A B C D E F G
1 A490 01 Electrician 2,642.99 2,775.14 2,913.90 3,059.59 3,212.57 3,373.20 3,541.86 0 A500 02 Engineering Technician II 2,716.93 2,852.77 2,995.41 3,145.18 3,302.44 3,467.56 3,640.94 0 A575 03 Heavy Equipment Operator 2,341.75 2,458.84 2,581.78 2,710.87 2,846.41 2,988.73 3,138.17 5 A600 04 Lead Maintenance Worker 2,341.75 2,458.84 2,581.78 2,710.87 2,846.41 2,988.73 3,138.17 1 A610 05 Lead Pump Mechanic 2,642.99 2,775.14 2,913.90 3,059.59 3,212.57 3,373.20 3,541.86 0 A700 06 Maintenance Worker I 1,745.22 1,832.48 1,924.10 2,020.31 2,121.33 2,227.39 2,338.76 18 A705 07 Maintenance Worker II 1,933.38 2,030.04 2,131.55 2,238.12 2,350.03 2,467.53 2,590.91 6 A710 08 Maintenance Worker III 2,124.57 2,230.79 2,342.33 2,459.45 2,582.42 2,711.54 2,847.12 1 A730 09 Master Mechanic 2,989.41 3,138.88 3,295.83 3,460.62 3,633.65 3,815.33 4,006.10 1 A735 10 Mechanic I 2,243.05 2,355.21 2,472.97 2,596.62 2,726.45 2,862.77 3,005.91 3 A740 11 Mechanic II 2,490.93 2,615.48 2,746.25 2,883.57 3,027.75 3,179.13 3,338.09 1 A750 12 Motor Sweeper Operator 2,204.04 2,314.24 2,429.95 2,551.45 2,679.03 2,812.98 2,953.63 1 A969 13 Special Equipment Mechanic I 2,017.56 2,118.44 2,224.36 2,335.58 2,452.36 2,574.98 2,703.73 1 A970 14 Special Equipment Mechanic II 2,242.06 2,354.16 2,471.87 2,595.47 2,725.24 2,861.50 3,004.58 1 A990 16 Tree Trimmer 2,124.57 2,230.79 2,342.33 2,459.45 2,582.42 2,711.54 2,847.12 0 A975 17 Utility Systems Operator I 1,762.67 1,850.81 1,943.35 2,040.51 2,142.54 2,249.67 2,362.15 4 A980 18 Utility Systems Operator II 1,952.71 2,050.34 2,152.86 2,260.50 2,373.53 2,492.21 2,616.82 2 A985 19 Utility Systems Operator III 2,145.81 2,253.10 2,365.76 2,484.04 2,608.25 2,738.66 2,875.59
46.00 A2. FIREFIGHTERS' ASSOCIATION
No. Job Class Range Description A B C D E F G
6 F550 01 Fire Captain 3,979.81 4,178.80 4,387.74 4,607.13 4,837.48 5,079.36 3,790.30 6 F560 02 Fire Engineer 3,230.64 3,392.18 3,561.79 3,739.87 3,926.87 4,123.21 4,329.37 15 F572 11 Firefighter/Paramedic 3,294.79 3,459.53 3,632.50 3,814.13 4,004.83 4,205.08 3,137.89
27.00 A3. POLICE OFFICERS' ASSOCIATION
No. Job Class Range Description A B C D E F G
1 P505 01 Evidence and Property Technician 2,609.40 2,739.87 2,876.87 3,020.71 3,171.75 3,330.33 3,496.85 6 P807 12 Police Corporal 3,676.84 3,860.68 4,053.71 4,256.40 4,469.22 4,692.68 4,927.31 9 P815 03 Police Dispatcher 2,552.92 2,680.56 2,814.59 2,955.32 3,103.09 3,258.24 3,421.15 1 P818 10 Police Dispatch Supervisor 2,999.91 3,149.90 3,307.40 3,472.77 3,646.41 3,828.73 4,020.17 28 P825 04 Police Officer 3,470.06 3,643.57 3,825.74 4,017.03 4,217.88 4,428.78 4,650.22 7 P830 05 Police Sergeant 4,312.84 4,528.48 4,754.91 4,992.65 5,242.28 5,504.40 5,779.62 0 P835 06 Police Services Officer I 1,948.15 2,045.56 2,147.84 2,255.23 2,367.99 2,486.39 2,610.71 6 P840 07 Police Services Officer II 2,200.25 2,310.27 2,425.78 2,547.07 2,674.42 2,808.14 2,948.55
58.00 A4. SELF-REPRESENTED
No. Job Class Range Description A B C D E F G
1 S100 01 Accountant 3,210.34 3,370.86 3,539.40 3,716.37 3,902.19 4,097.30 4,302.16 4 S105 02 Accounting Technician I 2,055.58 2,158.36 2,266.27 2,379.59 2,498.57 2,623.50 2,754.67 3 S160 39 Aquatics Coordinator 1,977.28 2,076.14 2,179.95 2,288.95 2,403.39 2,523.56 2,649.74 1 S170 05 Aquatics Supervisor 2,913.70 3,059.38 3,212.35 3,372.97 3,541.62 3,718.70 3,904.63 1 S205 58 Assistant Director of Public Services & Eng 5,290.74 5,555.28 5,833.04 6,124.70 6,430.93 6,752.48 7,090.10 2 S210 06 Assistant Engineer 3,093.07 3,247.73 3,410.11 3,580.62 3,759.65 3,947.63 4,145.02 1 S220 07 Assistant Planner 2,741.05 2,878.11 3,022.01 3,173.11 3,331.77 3,498.35 3,673.27 0 S230 52 Assistant to the City Manager 4,044.88 4,247.13 4,459.48 4,682.46 4,916.58 5,162.41 5,420.53 1 S235 03 Associate Accountant * 2,598.61 2,728.54 2,864.97 3,008.22 3,158.63 3,316.56 3,482.39 Effective July 13, 2024
Effective July 13, 2024
Effective July 13, 2024
Effective July 13, 2024
Personnel Authorization and Compensation Plan
Sections 1 through 3 Page 1
Fiscal Year 2024-25
Amended February 18, 2025
Resolution 2025-05
Exhibit A
City of Coronado Page 380
PERSONNEL AUTHORIZATION AND COMPENSATION PLAN FISCAL YEAR 2024-25 A4. SELF-REPRESENTED (Continued)
No. Job Class Range Description A B C D E F G
1 S350 13 Associate Architect 3,574.57 3,753.30 3,940.97 4,138.02 4,344.92 4,562.16 4,790.27 1 S240 08 Associate Engineer 3,574.57 3,753.30 3,940.97 4,138.02 4,344.92 4,562.16 4,790.27 1 S245 03 Associate Human Resources Analyst 2,598.61 2,728.54 2,864.97 3,008.22 3,158.63 3,316.56 3,482.39 0 S247 61 Associate Information Technology Analyst * 2,775.19 2,913.95 3,059.64 3,212.63 3,373.26 3,541.92 3,719.02 3 S250 09 Associate Planner 3,021.31 3,172.38 3,330.99 3,497.54 3,672.42 3,856.04 4,048.85 4 S300 47 Beach Lifeguard 1,879.93 1,973.92 2,072.62 2,176.25 2,285.06 2,399.31 2,519.28 1 S305 43 Beach Lifeguard Captain 3,989.21 4,188.67 4,398.10 4,618.01 4,848.91 5,091.35 5,345.92 3 S315 11 Beach Lifeguard Sergeant 2,508.09 2,633.50 2,765.17 2,903.43 3,048.60 3,201.03 3,361.08 0 S325 54 Building Inspector I 2,566.37 2,694.69 2,829.42 2,970.89 3,119.44 3,275.41 3,439.18 2 S330 12 Building Inspector II 2,829.42 2,970.89 3,119.44 3,275.41 3,439.18 3,611.14 3,791.70 1 S335 48 Building Official 5,024.14 5,275.35 5,539.12 5,816.07 6,106.88 6,412.22 6,732.83 1 S358 57 Communications and Engagement Officer 3,668.83 3,852.27 4,044.88 4,247.13 4,459.48 4,682.46 4,916.58 2 S360 49 Community Development Technician 2,122.04 2,228.14 2,339.55 2,456.53 2,579.35 2,708.32 2,843.74 2 S365 27 Department Administrative Assistant 1,834.78 1,926.52 2,022.85 2,123.99 2,230.19 2,341.70 2,458.78 3 S366 04 Department Administrative Coordinator 2,190.23 2,299.74 2,414.73 2,535.46 2,662.24 2,795.35 2,935.12 0 S370 56 Deputy City Clerk 2,598.61 2,728.54 2,864.97 3,008.22 3,158.63 3,316.56 3,482.39 1 S370 56 Deputy City Clerk * 3,057.47 3,210.34 3,370.86 3,539.40 3,716.37 3,902.19 4,097.30 1 S515 04 Executive Assistant to the Police Chief 2,190.22 2,299.73 2,414.72 2,535.46 2,662.23 2,795.35 2,935.12 1 S530 15 Finance Manager 5,024.14 5,275.35 5,539.11 5,816.07 6,106.87 6,412.22 6,732.83 4 S555 24 Fire Division Chief 5,290.74 5,555.28 5,833.04 6,124.70 6,430.93 6,752.48 7,090.10 1 S568 59 Fire Prevention Aide 1,834.78 1,926.52 2,022.85 2,123.99 2,230.19 2,341.70 2,458.78 1 S570 17 Golf Superintendent 3,746.70 3,934.04 4,130.74 4,337.27 4,554.14 4,781.85 5,020.94 1 S578 24 Human Resources Analyst 3,057.47 3,210.34 3,370.86 3,539.40 3,716.37 3,902.19 4,097.30 1 S580 18 Human Resources and Risk Manager 5,024.14 5,275.35 5,539.11 5,816.07 6,106.87 6,412.22 6,732.83 0 S585 19 Human Resources Technician 2,252.34 2,364.96 2,483.21 2,607.37 2,737.73 2,874.62 3,018.35 0 S588 45 Information Technology Analyst * 3,343.60 3,510.78 3,686.32 3,870.64 4,064.17 4,267.38 4,480.74 1 S590 20 Information Technology Manager 5,024.14 5,275.35 5,539.11 5,816.07 6,106.87 6,412.22 6,732.83 0 S593 51 Information Technology Network Admin I 3,032.74 3,184.38 3,343.60 3,510.78 3,686.32 3,870.64 4,064.17 4 S591 45 Information Technology Network Admin II 3,343.60 3,510.78 3,686.32 3,870.64 4,064.17 4,267.38 4,480.74 1 S592 28 Information Technology Technician 2,252.34 2,364.96 2,483.21 2,607.37 2,737.73 2,874.62 3,018.35 5 S635 21 Librarian II 2,662.94 2,796.09 2,935.89 3,082.69 3,236.82 3,398.66 3,568.59 1 S645 22 Library Assistant II 1,983.63 2,082.81 2,186.95 2,296.29 2,411.11 2,531.66 2,658.25 0 S650 46 Library Assistant III 2,281.17 2,395.23 2,514.99 2,640.74 2,772.78 2,911.41 3,056.99 1 S680 40 Library Services Analyst 2,916.39 3,062.20 3,215.31 3,376.08 3,544.88 3,722.13 3,908.24 0 S690 23 Library Technician 2,563.01 2,691.16 2,825.71 2,967.00 3,115.35 3,271.12 3,434.67 6 S720 24 Management Analyst 3,057.47 3,210.34 3,370.86 3,539.40 3,716.37 3,902.19 4,097.30 2 S120 03 Management Assistant 2,598.61 2,728.54 2,864.97 3,008.22 3,158.63 3,316.56 3,482.39 0 S790 16 Payroll Specialist 2,252.34 2,364.96 2,483.21 2,607.37 2,737.73 2,874.62 3,018.35 1 S790 16 Payroll Specialist * 2,342.43 2,459.56 2,582.53 2,711.66 2,847.24 2,989.60 3,139.09 2 S801 44 Police Captain 5,641.46 5,923.54 6,219.71 6,530.70 6,857.23 7,200.10 7,560.10 1 S805 29 Police Com. Relations Coord. 3,057.47 3,210.34 3,370.86 3,539.40 3,716.37 3,902.20 4,097.30 2 S802 30 Police Lieutenant 4,954.11 5,201.81 5,461.90 5,735.00 6,021.75 6,322.84 6,638.98 0 S824 50 Police Officer Recruit 2,616.60 2,747.43 2,884.80 3,029.04 3,180.49 3,339.51 3,506.49 3 S828 27 Police Records Specialist 1,834.78 1,926.52 2,022.85 2,123.99 2,230.19 2,341.70 2,458.78 1 S845 31 Police Support Services Manager 3,755.09 3,942.84 4,139.98 4,346.98 4,564.33 4,792.55 5,032.18 1 S355 14 Principal Architect 4,751.80 4,989.39 5,238.85 5,500.80 5,775.84 6,064.63 6,367.86 1 S865 32 Principal Engineer 4,751.80 4,989.39 5,238.85 5,500.80 5,775.84 6,064.63 6,367.86 1 S870 33 Principal Librarian 3,353.74 3,521.43 3,697.50 3,882.38 4,076.49 4,280.32 4,494.34 1 S872 60 Principal Planner 4,251.00 4,463.56 4,686.73 4,921.07 5,167.13 5,425.48 5,696.76 1 S873 55 Public Services & Engineering Admin Mgr 4,586.38 4,815.70 5,056.48 5,309.30 5,574.77 5,853.51 6,146.18 2 S875 34 Public Services Manager 3,934.04 4,130.74 4,337.27 4,554.14 4,781.85 5,020.94 5,271.98 0 S880 35 Public Services Technician 2,182.55 2,291.68 2,406.26 2,526.58 2,652.91 2,785.55 2,924.83 3 S905 38 Recreation Coordinator 1,977.28 2,076.14 2,179.95 2,288.95 2,403.39 2,523.56 2,649.74 4 S915 36 Recreation Services Supervisor 2,913.70 3,059.38 3,212.35 3,372.97 3,541.62 3,718.70 3,904.63 1 S940 37 Secretary to the City Manager 2,549.30 2,676.76 2,810.60 2,951.13 3,098.69 3,253.62 3,416.30 0 S946 41 Senior Accountant * 3,668.83 3,852.27 4,044.88 4,247.13 4,459.48 4,682.46 4,916.58 1 S947 62 Senior Accounting Technician * 2,158.36 2,266.27 2,379.59 2,498.57 2,623.49 2,754.67 2,892.40 1 S951 10 Senior Engineer 4,325.23 4,541.50 4,768.57 5,007.00 5,257.35 5,520.22 5,796.23 2 S953 41 Senior Human Resources Analyst 3,668.83 3,852.27 4,044.88 4,247.13 4,459.48 4,682.46 4,916.58 0 S954 41 Senior Information Technology Analyst * 3,668.83 3,852.27 4,044.88 4,247.13 4,459.48 4,682.46 4,916.58 Effective July 13, 2024
Personnel Authorization and Compensation Plan
Sections 1 through 3 Page 2
Fiscal Year 2024-25
Amended February 18, 2025
Resolution 2025-05
Exhibit A
City of Coronado Page 381
PERSONNEL AUTHORIZATION AND COMPENSATION PLAN FISCAL YEAR 2024-25 A4. SELF-REPRESENTED (Continued)
No. Job Class Range Description A B C D E F G
2 S955 40 Senior Librarian 2,916.39 3,062.20 3,215.31 3,376.08 3,544.88 3,722.13 3,908.24 4 S960 41 Senior Management Analyst 3,668.83 3,852.27 4,044.88 4,247.13 4,459.48 4,682.46 4,916.58 1 S965 42 Senior Planner 3,668.83 3,852.27 4,044.88 4,247.13 4,459.48 4,682.46 4,916.58 1 S973 53 Utility Manager 4,123.17 4,329.33 4,545.80 4,773.09 5,011.74 5,262.33 5,525.45 108.00
239.00 Total Regular Full-Time Classified Positions
B. SELF-REPRESENTED PART-TIME (Hourly Rate)
No. Job Class Range Description A B C D E F G
0.75 R105 02 Accounting Technician I 25.69 26.98 28.33 29.74 31.23 32.79 34.43
0.50 R160 39 Aquatics Coordinator 24.72 25.95 27.25 28.61 30.04 31.54 33.12
0.00 R365 27 Department Administrative Assistant 22.93 24.08 25.29 26.55 27.88 29.27 30.73
0.75 R366 04 Department Administrative Coordinator 27.38 28.75 30.18 31.69 33.28 34.94 36.69
0.00 R635 21 Librarian II 33.29 34.95 36.70 38.53 40.46 42.48 44.61
1.50 R645 22 Library Assistant II 24.80 26.04 27.34 28.70 30.14 31.65 33.23
0.75 R650 46 Library Assistant III 28.51 29.94 31.44 33.01 34.66 36.39 38.21
0.00 R720 24 Management Analyst 38.22 40.13 42.14 44.24 46.45 48.78 51.22
1.50 R905 38 Recreation Coordinator 24.72 25.95 27.25 28.61 30.04 31.54 33.12
5.75 5.75 Total Regular Part-Time Classified Positions
C. TEMPORARY PART-TIME AND SEASONAL (Hourly Rate)
No. Job Class Range Description A B C D E F G
T130 01 Administrative Intern 17.14 - - - - - -
T300 03 Beach Lifeguard 21.39 22.46 23.58 24.76 26.00 27.30 28.66 T320 38 Beach Lifeguard Trainee 17.14 - - - - - -
T360 35 Community Development Technician 26.53 27.85 29.24 30.71 32.24 33.85 35.55 T497 29 Emergency Medical Technician 18.92 19.86 20.86 21.90 22.99 24.14 25.35 T505 20 Evidence and Property Technician 32.62 34.25 35.96 37.76 39.65 41.63 43.71 T572 19 Firefighter/Paramedic 28.02 29.42 30.89 32.43 34.05 35.76 37.55 T630 05 Librarian I 28.00 29.40 30.87 32.42 34.04 35.74 37.53 T640 06 Library Assistant I 21.57 22.64 23.78 24.97 26.21 27.52 28.90 T665 07 Library Monitor 17.84 18.73 19.67 20.65 21.69 22.77 23.91 T675 08 Library Page 17.14 - - - - - -
T695 09 Lifeguard Assistant (Beach) 17.14 - - - - - -
T705 33 Maintenance Worker II 24.17 25.38 26.64 27.98 29.38 30.84 32.39 T720 31 Management Analyst 38.22 40.13 42.14 44.24 46.45 48.78 51.22 T815 32 Police Dispatcher 31.91 33.51 35.18 36.94 38.79 40.73 42.76 T851 24 Pool Lifeguard I 19.67 20.65 21.68 - - - -
T852 25 Pool Lifeguard II 20.52 21.55 22.63 - - - -
T853 26 Pool Lifeguard III 21.50 22.57 23.70 24.89 - - - T900 11 Recreation Assistant 17.14 - - - - - -
T910 12 Recreation Leader 18.23 19.14 20.10 - - - -
T925 13 Recreation Specialist 20.51 21.53 22.61 23.74 - - - T935 14 Seasonal Maintenance Assistant I 17.72 18.59 19.52 20.50 21.53 22.62 23.74 T936 15 Seasonal Maintenance Assistant II 19.50 20.47 21.50 22.58 23.70 24.89 26.13 T960 27 Senior Management Analyst 45.86 48.15 50.56 53.09 55.74 58.53 61.46 * Job classifications notated with an asterisk (*) include rate changes and/or new classifications effective August 24, 2024.
Effective July 13, 2024
Effective July 13, 2024
Effective July 13, 2024
Personnel Authorization and Compensation Plan
Sections 1 through 3 Page 3
Fiscal Year 2024-25
Amended February 18, 2025
Resolution 2025-05
Exhibit A
City of Coronado Page 382
PERSONNEL AUTHORIZATION AND COMPENSATION PLAN FISCAL YEAR 2024-25 Section 2. Unclassified Positions
A. EXECUTIVE POSITIONS (Monthly Rate)
No. Job Class Description Min Max Band
1 E375 City Clerk 9,762.92 13,210.54 1
0 E440 City Engineer 11,419.32 15,685.88 2
0 E450 Director of Golf Course Operations 11,419.32 15,685.88 2 1 E455 Director of Library Services 11,419.32 15,685.88 2 0 E470 Director of Recreation 11,419.32 15,685.88 2
1 E425 Director of Administrative Services 14,932.96 17,819.16 3 1 E475 Director of Comm Devlp, Redevelopment/Housing Srvcs 14,932.96 17,819.16 3 1 E480 Director of Recreation & Golf 14,932.96 17,819.16 3 1 E200 Assistant City Manager 16,564.29 19,701.47 4
1 E445 Director of Fire Services 16,564.29 19,701.47 4
1 E465 Director of Public Services & Engineering 16,564.29 19,701.47 4 1 E460 Director of Police Services 17,723.75 21,080.50 5 1 E385 City Manager * - 24,630.83
*Contract amendment approved by the City Council on December 17, 2024. New rate effective December 14, 2024.
10.00 Total Unclassified Positions
254.75 Total Regular Full-Time Classified, Regular Part-Time Classified, and Unclassified Positions (full time equivalent) C. ELECTED POSITIONS (Monthly Rate)
Salary Expense Allowance
Council Member ** 1,187.50 150.00
Mayor ** 1,187.50 225.00
Effective July 13, 2024
**Ordinance 2024-11 approved by the City Council on December 17, 2024 to amend monthly salary.
New monthly salary rate effective December 17, 2024.
Personnel Authorization and Compensation Plan
Sections 1 through 3 Page 4
Fiscal Year 2024-25
Amended February 18, 2025
Resolution 2025-05
Exhibit A
City of Coronado Page 383
PERSONNEL AUTHORIZATION AND COMPENSATION PLAN FISCAL YEAR 2024-25 Function
Department Unclassified Classified Unclassified Classified Position Title Section 2 Section 1 Section 2 Section 1
General Government
City Clerk
City Clerk 1
Deputy City Clerk 1
Administrative Secretary 0
Total 1 1 0 0
City Manager
City Manager 1
Assistant City Manager 1
Assistant to the City Manager 0
Communications and Engagement Officer 1
Secretary to the City Manager 1
Senior Management Analyst 2
Total 2 4 0 0
Administrative Services
Director of Administrative Services 1
Accountant 1
Accounting Technician I 0
Associate Accountant 1
Associate Human Resources Analyst 1
Associate Information Technology Analyst 0
Department Administrative Assistant 1
Finance Manager 1
Human Resources Analyst 1
Human Resources and Risk Manager 1
Human Resources Technician 0
Information Technology Analyst 0
Information Technology Manager 1
Information Technology Network Admin. I 0
Information Technology Network Admin. II 4
Information Technology Technician 1
Management Analyst 1
Management Assistant 0
Payroll Specialist 1
Senior Accountant 0
Senior Accounting Technician 1
Senior Human Resources Analyst 2
Senior Information Technology Analyst 0
Senior Management Analyst 0
Total 1 18 0 0
Planning & Building Services
Community Development, Redevelopment & Housing Services Director of Community Development, 1
Redevelopment & Housing Services
Administrative Secretary 0
Assistant Planner 1
Associate Planner 3
Building Inspector I 0
Building Inspector II 2
Building Official 1
Community Development Technician 2
Department Administrative Coordinator 1
Principal Planner 1
Senior Planner 1
Total 1 12 0 0
Section 3. Authorized regular full-time and part-time positions categorized by function and department:
Authorized Full-Time Regular Part-Time
Personnel Authorization and Compensation Plan
Sections 1 through 3 Page 5
Fiscal Year 2024-25
Amended February 18, 2025
Resolution 2025-05
Exhibit A
City of Coronado Page 384
PERSONNEL AUTHORIZATION AND COMPENSATION PLAN FISCAL YEAR 2024-25 Function
Department Unclassified Classified Unclassified Classified Position Title Section 2 Section 1 Section 2 Section 1
Section 3. Authorized regular full-time and part-time positions categorized by function and department:
Authorized Full-Time Regular Part-Time
Public Safety
Fire & Beach Lifeguard Services
Director of Fire Services 1
Accounting Technician I 0 0.75
Beach Lifeguard Captain 1
Beach Lifeguard Sergeant 3
Beach Lifeguard 4
Fire Captain 6
Fire Division Chief 4
Fire Engineer 6
Fire Prevention Aide 1
Firefighter/Paramedic 15
Management Analyst 1
Management Assistant 0
Total 1 41 0 0.75
Police Services
Director of Police Services 1
Accounting Technician I 1
Administrative Secretary 0
Evidence & Property Technician 1
Executive Assistant to the Police Chief 1
Management Analyst 1
Management Assistant 0
Police Captain 2
Police Community Relations Coordinator 1
Police Corporal 6
Police Dispatcher 9
Police Dispatch Supervisor 1
Police Lieutenant 2
Police Officer 28
Police Records Specialist 3
Police Sergeant 7
Police Services Officer II 6
Police Support Services Manager 1
Total 1 70 0 0.00
Personnel Authorization and Compensation Plan
Sections 1 through 3 Page 6
Fiscal Year 2024-25
Amended February 18, 2025
Resolution 2025-05
Exhibit A
City of Coronado Page 385
PERSONNEL AUTHORIZATION AND COMPENSATION PLAN FISCAL YEAR 2024-25 Function
Department Unclassified Classified Unclassified Classified Position Title Section 2 Section 1 Section 2 Section 1
Section 3. Authorized regular full-time and part-time positions categorized by function and department:
Authorized Full-Time Regular Part-Time
Culture & Leisure
Library Services
Director of Library Services 1
Accounting Technician I 0
Administrative Secretary 0
Department Administrative Coordinator 1
Librarian II 5
Library Assistant II 1 1.50
Library Assistant III 0 0.75
Library Services Analyst 1
Library Technician 0
Management Assistant 1
Principal Librarian 1
Senior Librarian 2
Total 1 12 0 2.25
Recreation & Golf Course Operations
Director of Recreation & Golf 1
Accounting Technician I 1
Administrative Secretary 0
Aquatics Coordinator 3 0.50
Aquatics Supervisor 1
Department Administrative Assistant 0 0.00
Department Administrative Coordinator 0 0.75
Management Assistant 1
Management Analyst 0
Recreation Coordinator 3 1.50
Recreation Services Supervisor 4
Senior Management Analyst 1
Maintenance Worker II (Golf) 7
Maintenance Worker III (Golf) 2
Golf Superintendent 1
Lead Maintenance Worker (Golf) 1
Special Equipment Mechanic II (Golf) 1
Total 1 26 0 2.75
Personnel Authorization and Compensation Plan
Sections 1 through 3 Page 7
Fiscal Year 2024-25
Amended February 18, 2025
Resolution 2025-05
Exhibit A
City of Coronado Page 386
PERSONNEL AUTHORIZATION AND COMPENSATION PLAN FISCAL YEAR 2024-25 Function
Department Unclassified Classified Unclassified Classified Position Title Section 2 Section 1 Section 2 Section 1
Section 3. Authorized regular full-time and part-time positions categorized by function and department:
Authorized Full-Time Regular Part-Time
Construction & Maintenance
Public Services and Engineering
Director of Public Services and Engineering 1
City Engineer 0
Administrative Secretary 0
Assistant Director of Public Services & Eng. 1
Assistant Engineer 2
Associate Architect 1
Associate Engineer 1
Accounting Technician I 2
Department Administrative Assistant 1
Department Administrative Coordinator 1
Electrician 1
Lead Maintenance Worker 4
Lead Pump Mechanic 1
Management Analyst 3
Maintenance Worker II 11
Maintenance Worker III 4
Master Mechanic 1
Mechanic I 1
Mechanic II 3
Motor Sweeper Operator 1
Principal Architect 1
Principal Engineer 1
Public Services & Engineering Admin Mgr 1
Public Services Manager 2
Public Services Technician 0
Senior Engineer 1
Senior Management Analyst 1
Special Equipment Mechanic I 1
Utility Manager 1
Utility Systems Operator II 4
Utility Systems Operator III 2
Tree Trimmer 1
Total 1 55 0 0.00
Total Full & Permanent Part Time Positions 10 239 0 5.75 Grand Total - Full-time Equivalent Authorized Positions 254.75 Personnel Authorization and Compensation Plan
Sections 1 through 3 Page 8
Fiscal Year 2024-25
Amended February 18, 2025
Resolution 2025-05
Exhibit A
City of Coronado Page 387
Personnel Authorization and Compensation Plan Fiscal Year 2024-25 Sections 4 through 30 Amended February 18, 2025
Section 4. EXECUTIVE AND EXEMPT CLASSIFICATIONS
A. Unclassified/EXECUTIVE Classifications
The following classifications are Unclassified/EXECUTIVE (FLSA Exempt):
Assistant City Manager
City Clerk
City Engineer
City Manager
All Department Directors
B. Classified/EXEMPT Classifications
The following full-time classifications are Classified/FLSA Exempt:
Accountant Management Analyst
Assistant to the City Manager Police Captain
Assistant Director of Public Services & Engineering Police Community Relations Coordinator
Associate Architect Police Lieutenant
Aquatics Supervisor Police Support Services Manager
Associate Engineer Principal Architect
Associate Planner Principal Engineer
Beach Lifeguard Captain Principal Librarian
Building Official Principal Planner
Communications and Engagement Officer Public Services & Engineering Admin Mgr
Deputy City Clerk Public Services Manager
Finance Manager Recreation Services Supervisor
Fire Division Chief Senior Accountant
Emergency Management Coordinator Senior Engineer
Golf Superintendent Senior Librarian
Human Resources and Risk Manager Senior Management Analyst Human Resources Analyst Senior Planner
Information Technology Manager Senior Human Resources Analyst Library Services Analyst Utility Manager
Section 5. CLASSIFICATIONS REPRESENTED BY EMPLOYEE ASSOCIATIONS (listed by Association)
A. The following classifications are represented by the AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL 127
(AFSCME):
Electrician Mechanic I
Engineering Technician II Mechanic II
Resolution 2025-05
Exhibit A
City of Coronado Page 388
Personnel Authorization and Compensation Plan Fiscal Year 2024-25 Sections 4 through 30 Amended February 18, 2025
Heavy Equipment Operator Motor Sweeper Operator
Lead Maintenance Worker Special Equipment Mechanic I
Lead Pump Mechanic Special Equipment Mechanic II
Maintenance Worker I Tree Trimmer
Maintenance Worker II Utility Systems Operator I
Maintenance Worker III Utility Systems Operator II
Master Mechanic Utility Systems Operator III
B. The following classifications are represented by the CORONADO FIREFIGHTERS’ ASSOCIATION (CFA):
Firefighter Firefighter/Paramedic
Fire Captain Fire Engineer
C. The following classifications are represented by the CORONADO POLICE OFFICERS’ ASSOCIATION (CPOA):
Evidence & Property Technician Police Officer
Police Corporal Police Sergeant
Police Dispatcher Police Services Officer I
Police Dispatch Supervisor Police Services Officer II
Section 6. SELF-REPRESENTED CLASSIFICATIONS
SELF-REPRESENTED classifications are those regular full-time and regular part-time positions (defined as employees who work a fixed schedule greater than twenty (20) hours but fewer than forty (40) hours per week and identified in the Annual Budget as regular part-time), which are not classified as Executive and are not represented by an Association.
The following classifications are SELF-REPRESENTED:
Accountant Information Technology Technician
Accounting Technician I Librarian II
Administrative Secretary Library Assistant II
Aquatics Coordinator Library Assistant III
Aquatics Supervisor Library Services Analyst
Assistant Director of Public Services & Eng Library Technician Assistant Engineer Management Analyst
Assistant Planner Management Assistant
Assistant to the City Manager Payroll Specialist
Associate Architect Police Captain
Associate Engineer Police Com. Relations Coord.
Associate Human Resources Analyst Police Lieutenant
Associate Information Technology Analyst Police Officer Recruit Associate Planner Police Records Specialist
Beach Lifeguard Police Support Services Manager
Beach Lifeguard Captain Principal Architect
Resolution 2025-05
Exhibit A
City of Coronado Page 389
Personnel Authorization and Compensation Plan Fiscal Year 2024-25 Sections 4 through 30 Amended February 18, 2025
Beach Lifeguard Sergeant Principal Engineer
Building Inspector I Principal Librarian
Building Inspector II Principal Planner
Building Official Public Services & Engineering Admin Mgr Communications and Engagement Officer Public Services Manager Community Development Technician Public Services Technician Department Administrative Assistant Recreation Coordinator Department Administrative Coordinator Recreation Services Supervisor Deputy City Clerk Secretary to the City Manager
Executive Assistant to the Police Chief Senior Accountant Finance Manager Senior Human Resources Analyst
Fire Division Chief Senior Information Technology Analyst Fire Prevention Aide Senior Accounting Technician
Golf Superintendent Senior Engineer
Human Resources Analyst Senior Librarian
Human Resources and Risk Manager Senior Management Analyst Human Resources Technician Senior Planner
Information Technology Analyst Utility Manager
Information Technology Manager
Information Technology Network Admin I
Information Technology Network Admin II
Section 7. TEMPORARY PART-TIME AND SEASONAL CLASSIFICATIONS (Non-Benefited) A. TEMPORARY PART-TIME AND SEASONAL positions do not work regularly scheduled hours. These positions are non-regular, do not accrue benefits, and are exempt from provisions of the Civil Service Rules per Civil Service Rule II:
Classification of Positions, Section 4, Page 4.
B. The following classifications and/or any other classifications listed in Section 3, Section 4, Section 5 and Section 6 may be utilized when hiring TEMPORARY PART-TIME positions:
Administrative Intern Lifeguard Assistant (Beach)
Beach Lifeguard Pool Lifeguard I/II/III
Beach Lifeguard Trainee Recreation Assistant
Emergency Medical Technician Recreation Leader
Librarian I Recreation Specialist
Library Assistant I Seasonal Maintenance Assistant I
Library Monitor Seasonal Maintenance Assistant II
Library Page
C. The salary range steps for the following classifications will keep pace with the established California minimum wage rate. The California minimum wage may change after the publication of the Personnel Authorization and Compensation Plan Resolution 2025-05
Exhibit A
City of Coronado Page 390
Personnel Authorization and Compensation Plan Fiscal Year 2024-25 Sections 4 through 30 Amended February 18, 2025
and any steps below the minimum wage for all TEMPORARY PART-TIMEAND SEASONAL classifications will be adjusted accordingly on the next revision.
Administrative Intern
Beach Lifeguard Trainee
Library Page
Lifeguard Assistant (Beach)
Recreation Assistant
Section 8. EXCEEDING AUTHORIZED NUMBER OF POSITIONS FOR A CLASSIFICATION Departments shall be allowed to exceed the authorized number of positions in a classification for up to two (2) weeks to enable an employee who is vacating a position to participate in the training of his/her replacement. Longer periods of overlap may be approved by the City Manager
Section 9. SALARIES
A. All employees, except City Manager and Unclassified Executive employees, shall receive salaries as shown in Section 1.
B. The salaries for all Unclassified Executive Employees are set by the City Manager within the salary bands as shown in Section 2A.
C. The City Manager’s salary is set by the City Council and is shown in Section 2A.
Section 10. RETIREMENT
A. BENEFIT FORMULAS
1. The City shall provide retirement benefits through the California Public Employee Retirement System (CalPERS) to all classified regular full-time and part-time and all unclassified EXECUTIVE employees.
2. For all public safety employees (sworn police and fire positions) hired prior to January 1, 2013, and for all public safety employees that meet the definition of a “classic” member as determined by CalPERS, the City will provide the “3% at 50” retirement benefit formula.
In compliance with the Public Employee Pension Reform Act of 2012, for all public safety employees (sworn police and fire positions) hired after January 1, 2013, who do not meet the CalPERS definition of a “classic” member, the City will provide the “2.7% at 57” retirement benefit formula.
3. For all miscellaneous, non-safety (non-sworn) employees hired prior to January 1, 2013, and for all miscellaneous, non-safety employees that meet the definition of a “classic” member as determined by CalPERS, the City will provide the “3% at 60” retirement benefit formula.
Resolution 2025-05
Exhibit A
City of Coronado Page 391
Personnel Authorization and Compensation Plan Fiscal Year 2024-25 Sections 4 through 30 Amended February 18, 2025
In compliance with the Public Employee Pension Reform Act of 2012, for all miscellaneous, non-safety (non-sworn) employees hired after January 1, 2013, who do not meet the CalPERS definition of a “classic” member, the City will provide the “2% at 62” retirement benefit formula.
B. EMPLOYEE MEMBER CONTRIBUTION
1. All City employees shall be responsible for paying their respective required CalPERS member contribution. For employees who are not classified as “classic” members, the CalPERS member contribution will be determined annually based upon the CalPERS actuarial.
2. Effective July 6, 2019, the CalPERS contribution rate for all classic miscellaneous, non-safety members will be 9.5% (previously 8%), and 10.5% for all classic safety members (previously 9%). The formula for new members, enrolled in CalPERS on or after January 1, 2013, is 2% at 62 with a required employee contribution of 7.50%.
C. EMPLOYER CONTRIBUTION (ALL CATEGORIES)
The City will pay the actuarially determined CalPERS employer contribution for all regular positions.
Section 11. LEAVE
A. ADMINISTRATIVE LEAVE
1. Administrative Leave is in lieu of overtime and compensatory time as authorized by the City Manager.
2. Unclassified EXECUTIVE positions and those classified as FLSA/EXEMPT POLICE CAPTAIN shall receive eighty (80) hours of Administrative Leave.
3. Those positions classified FLSA/EXEMPT, excluding FIRE DIVISION CHIEFS, shall receive sixty (60) hours of Administrative Leave.
4. Administrative Leave is accrued on July l and is to be used in the fiscal year in which it is earned in accordance with Civil Service Rule VI, Holidays and Leaves, Section 17. It has no cash value. Unused Administrative Leave shall expire on June 30.
5. Eligible employees hired after July 1 of a fiscal year will receive a pro-rated credit.
B. ANNUAL LEAVE (in lieu of sick leave and vacation)
1. All SELF-REPRESENTED employees, shall accrue annual leave on a biweekly basis as follows (which includes both employment with Coronado and lateral Resolution 2025-05
Exhibit A
City of Coronado Page 392
Personnel Authorization and Compensation Plan Fiscal Year 2024-25 Sections 4 through 30 Amended February 18, 2025
service credit, as applicable):
LEAVE ACCRUAL TIER
(YEARS OF SERVICE)
HOURS PER
YEAR
0-5 144
>5-10 192
>10-20 216
>20 232
Maximum accumulation is 480 hours.
Employees working a 56-hour work week shall earn annual leave based upon the hours per year shown above but converted by a multiplier of 1.4.
2. Effective July 1, 2018, POLICE LIEUTENANT and POLICE CAPTAIN classifications, similar to sworn law enforcement employees represented by the CORONADO POLICE OFFICERS’ ASSOCIATION will receive annual leave accruals based on years of full-time sworn law enforcement experience including service time spent with other agencies.
3. SELF-REPRESENTED NON-EXEMPT and EXEMPT EMPLOYEES may convert the following annual leave to cash each fiscal year based on their leave accrual tier (which includes both employment with Coronado and lateral service credit, as applicable) :
MAX CONVERSION (HOURS)
LEAVE ACCRUAL TIER
(YEARS OF SERVICE)
SELF REPRESENTED
NON-EXEMPT
EMPLOYEES
SELF REPRESENTED
EXEMPT EMPLOYEES
0 - 5 40 80
>5 - 10 80 80
>10 - 20 120 120
>20 120 120
The City Manager may convert up to one-hundred and twenty (120) hours of annual leave to cash each fiscal year.
4. Unclassified EXECUTIVES shall accrue annual leave on a biweekly basis as follows , and be allowed to convert annual leave to cash each fiscal year based on their leave accrual tier (which includes both employment with Coronado and lateral service credit, as applicable):
LEAVE ACCRUAL TIER
(YEARS OF SERVICE)
HOURS PER
YEAR
MAX CONVERSION
(HOURS)
0-5 184 80
6+ 224 120
Maximum accumulation is 480 hours.
Resolution 2025-05
Exhibit A
City of Coronado Page 393
Personnel Authorization and Compensation Plan Fiscal Year 2024-25 Sections 4 through 30 Amended February 18, 2025
5. SELF-REPRESENTED and unclassified EXECUTIVE employees are eligible to receive Lateral Service Credit. Benefitted full and part-time employees hired with prior public sector experience may receive credit for prior service through annual leave accrual rates for their years of service with other public agencies.
Public sector experience is defined as employment in a city, county, state, federal government, or special district. This does not include military service time. Prior service applies to benefitted full-time and part-time regular positions.
Employees must submit proof of prior service time within 30 days of appointment for time to be recognized. New leave accruals will be effective the pay period following the date of prior service documentation submission.
6. Refer to respective MOUs for specific details on AFSCME, CPOA, and CFA Leave.
C. SICK LEAVE
1. Temporary Part-Time and Seasonal Employees employed on or after July 1, 2015 and who work for 30 or more days within a year, and who do not accrue other paid leaves, will accrue paid sick leave in compliance with the Healthy Workplace, Healthy Families Act of 2014. Leave will accrue at a rate of one hour for every 30 hours worked beginning on the first day of employment or July 1, 2015, whichever is later. Subject to limitations, a Temporary Part-Time or Seasonal employee may use sick leave only after the 90th day of employment and up to 40 hours in one calendar year. Upon separation of employment or appointment to a probationary/permanent position, any unused sick leave will be cashed out at the current rate of pay.
2. Refer to respective CFA MOU for specific details on Sick Leave.
D. BEREAVEMENT LEAVE
1. Unclassified EXECUTIVE and SELF-REPRESENTED employees, shall receive up to five (5) work days of leave without loss of base pay or deductions from other leave balances in order to attend customary obligations arising from the death of a relative who is a member of employee’s immediate family.
2. The “immediate family” shall be defined as: spouse, domestic partner, child, parent, sibling, grandparent, grandchild; the aforementioned either natural, legally adopted, step or in-law, or any person over which the employee acts as legal guardian; or similar relationships as determined by the City Manager or designee.
Section 12. HEALTH/CAFETERIA BENEFIT PLAN
A. The annual allotment for calendar year 2022 and 2023 for Health/Cafeteria Benefit Plan for SELF-REPRESENTED employees, employees represented by the CORONADO FIREFIGHTERS’ ASSOCIATION, CORONADO POLICE
OFFICERS’ ASSOCIATION, and the AMERICAN FEDERATION OF STATE, Resolution 2025-05
Exhibit A
City of Coronado Page 394
Personnel Authorization and Compensation Plan Fiscal Year 2024-25 Sections 4 through 30 Amended February 18, 2025
COUNTY AND MUNICIPAL EMPLOYEES LOCAL 127 shall be asfollows:
January 1 – December 31, 2023: $1,825/month
January 1 – December 31, 2024: $2,030/month
B. The annual allotment for Health/Cafeteria Benefit Plan for EXECUTIVE employees shall be as follows:
January 1 – December 31, 2023: $2,070/month
January 1 – December 31, 2024: $2,303/month
C. The annual allotment for Health/Cafeteria Benefit Plan for retired employees participating in CalPERS health plans shall be as follows:
January 1 – December 31, 2023: $151/month
January 1 – December 31, 2024: $157/month
D. The Health/Cafeteria Benefit Plan allotment is pro-rated on a calendar year basis.
Section 13. TUITION REIMBURSEMENT
A. SELF-REPRESENTED and unclassified EXECUTIVE employees are eligible to receive $2,000 per year for both college classes leading to a degree and non-graded classes or short-term seminars that benefit the employee in the performance of city work upon written verification of satisfactory course work completion, per Administrative Procedure 131. Additionally, SELF-REPRESENTED and unclassified EXECUTIVE employees are able to utilize this benefit for student loan. Reimbursement may be requested, up to the annual maximum as specified in the approved salary resolution, for any eligible unreimbursed expenses incurred on or after July 1st of current fiscal year.
B. Refer to respective MOUs for specific details on AFSCME, CPOA, and CFA Tuition Reimbursement.
Section 14. HOLIDAYS
A. Unclassified EXECUTIVE and SELF-REPRESENTED employees, excluding FIRE DIVISION CHIEFS, receive eleven (11) paid holidays per year.
B. Unclassified EXECUTIVE and SELF-REPRESENTED employees, excluding FIRE DIVISION CHIEFS, are given twenty-seven (27) hours credit on July 1 of each year for Lincoln’s Birthday, Caesar Chavez’ Birthday and Juneteenth to be used as FLOATING HOLIDAYS. In order to accrue this time, an employee must be employed by the City within the pay period including July 1 of the fiscal year.
C. FIRE DIVISION CHIEFS are given thirty-three and three-quarter (33.75) hours credit on July 1 of each year in recognition of Lincoln’s Birthday, Caesar Chavez’ Birthday and Juneteenth to be used as a FLOATING HOLIDAY. In order to accrue this time, an employee must be employed by the City within the pay period Resolution 2025-05
Exhibit A
City of Coronado Page 395
Personnel Authorization and Compensation Plan Fiscal Year 2024-25 Sections 4 through 30 Amended February 18, 2025
including July 1 of the fiscal year.
D. FIRE DIVISION CHIEFS who are assigned to and work on a twenty-four (24) hour shift basis shall be paid a holiday premium of ½ their regular rate of pay for all hours worked on a holiday.
E. Unclassified EXECUTIVE and SELF-REPRESENTED employees, excluding FIRE DIVISION CHIEFS, whose normal day off falls on a holiday will receive a FLOATING HOLIDAY, equivalent to an employee’s regular work hours, added to their leave bank in lieu of time off. If a non- exempt employee is required to work on a holiday, time worked will be paid at the rate of one and one-half times the forty (40) hour work week rate.
F. All FLOATING HOLIDAY leave time must be used in the fiscal year in which it is accrued. Employees who terminate on or before June 30 will be paid straighttime for every hour of unused floating holiday leave time.
G. Refer to respective MOUs for specific details on AFSCME, CPOA, and CFA Holidays.
Section 15. OVERTIME
A. All earned overtime shall be payable in overtime wages or Compensatory Time Off (CTO), except as limited by FLSA and on CTO accrual and usage limits described below.
B. The City has established a twenty-eight (28) day, 212 hour work period for FIRE DIVISION CHIEFS. Any hours worked in excess of this schedule shall be paid at straight-time. DIVISION CHIEFS will be compensated portal to portal when assigned to strike team or pre-positioned emergency response, consistent with other fire personnel and where the City is reimbursed for its participation.
C. Any non-exempt SELF-REPRESENTED employees shall receive one and one-half times the regular rate of pay for overtime worked in excess of 40 hours in a week.
During any work cycle in which an employee has paid annual leave, comp time off, scheduled holiday, or floating holiday, said leave hours will be counted as work hours for the purpose of calculating entitlement to overtime during any work cycle.
D. Refer to respective MOUs for specific details on AFSCME, CPOA, and CFA Overtime and CTO as applicable.
Section 16. USE AND ACCRUAL OF COMPENSATORY TIME
A. SELF-REPRESENTED employees may not accumulate in excess of two hundred and forty (240) hours of compensatory time.
B. Prior to an appointment to a position in an EXEMPT classification, a non-exempt employee shall be paid for any accrued compensatory time earned.
Resolution 2025-05
Exhibit A
City of Coronado Page 396
Personnel Authorization and Compensation Plan Fiscal Year 2024-25 Sections 4 through 30 Amended February 18, 2025
Section 17. CERTIFICATION PAY
A. Employees in the Permanent/Probationary Beach Lifeguard classification who possess an Medical Response/First Aid/CPR Instructor Certification are eligible to receive 1.5% of their base salary in certification pay.
B. Employees in the Beach Lifeguard Sergeant or Permanent/Probationary Beach Lifeguard classifications who possess a Rescue Boat Operator certification and have successfully completed the Field Training Guide for Rescue Boat Operations are eligible to receive 2.5% of their base salary in certification pay.
Section 18. BILINGUAL PAY
A. Bilingual pay will be provided to employees in administrative classifications that are required to use bilingual skills to meet the needs of the public. Bilingual skills must be used in the course of work and approved by the appointing authority. In order to receive bilingual pay, employees must successfully pass a bilingual fluency examination. Once designated, eligible employees shall receive fifty cents ($0.50) per hour worked.
B. Refer to respective MOUs for specific details on CPOA, and CFA Bilingual Pay.
Section 19. SPECIAL PROJECT PREMIUM PAY
A. Information Technology Analysts will receive an additional $25 per day of special project pay during the time that they are assigned to be on call and are available for work.
B. Aquatics Coordinators, Aquatics Supervisors, Recreation Department Administrative Coordinator, Recreation Services Supervisors, Recreation Coordinators, and Senior Management Analysts, will receive an additional $25 per day of special project pay during the time that they are assigned to be on call and are available for work.
Section 20. OUT-OF-CLASS ASSIGNMENTS
A. SELF-REPRESENTED employees shall be compensated for out-of-class assignments when temporarily assigned to the same higher-level class for more than 80 consecutive working hours. Higher level class is defined as a class with a higher salary range. Employees who meet this criterion shall be compensated by an additional five (5) percent of base salary for each consecutive hour worked in the out-of-class assignment from the 81st hour to the end of the out-of-class assignment.
B. Refer to respective MOUs for specific details on AFSCME, CPOA, and CFA Outof-Class Assignments.
Section 21. UNIFORM, CLOTHING AND SAFETY EQUIPMENT
Resolution 2025-05
Exhibit A
City of Coronado Page 397
Personnel Authorization and Compensation Plan Fiscal Year 2024-25 Sections 4 through 30 Amended February 18, 2025
A. The DIRECTOR OF POLICE SERVICES, POLICE CAPTAIN, and POLICE LIEUTENANT classifications will receive a uniform allowance of $1,250 per year.
B. TheDIRECTOR OF FIRESERVICES and FIRE DIVISION CHIEF classifications will receive a uniform allowance of $1,225 per year.
C. Employees represented by the AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL 127 will be required to wear and maintain in presentable fashion City provided work clothes. The City will report to CalPERS the monetary value for providing and maintaining the employees’ required uniforms. The city will report the uniform allowance on an annual basis to CalPERS in June of each year. The uniform allowance amount reported to CalPERS will derive from the City’s total fiscal year expended amount for providing and maintaining the employees’ uniforms, not to exceed $300 per year, per employee.
D. Refer to respective MOUs for specific details on AFSCME, CPOA, and CFA uniform, clothing, and safety equipment.
Section 22. CITY PAID LIFE INSURANCE
A. All SELF-REPRESENTED and CORONADO FIREFIGHTERS’ ASSOCIATION employees shall receive City paid group term life and Accidental Death and Dismemberment (AD&D) insurance in an amount equal to one times annual salary or $50,000, whichever is greater.
B. All AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES LOCAL 127 and CORONADO POLICE OFFICERS’
ASSOCIATION employees shall receive City paid group term life and AD&D insurance equal to $25,000.
C. All unclassified EXECUTIVE employees shall receive City paid group term life and AD&D insurance in an amount equal to one times annual salary plus $25,000.
D. The City Manager shall receive City paid group term life and AD&D insurance equal to $400,000.
Section 23. CITY PAID SHORT-TERM DISABILITY INSURANCE
Unclassified EXECUTIVE, SELF REPRESENTED employees, employees represented by the AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES LOCAL 127 and all NON-SWORN employees in the CORONADO POLICE OFFICERS’ ASSOCIATION shall receive City paid group short-term disability insurance for a maximum period of twelve (12) weeks.
Section 24. CITY PAID LONG-TERM DISABILITY INSURANCE
Resolution 2025-05
Exhibit A
City of Coronado Page 398
Personnel Authorization and Compensation Plan Fiscal Year 2024-25 Sections 4 through 30 Amended February 18, 2025
Unclassified EXECUTIVE, SELF-REPRESENTED employees, employees represented by the AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES LOCAL 127 and all NON-SWORN employees in the CORONADO POLICE OFFICERS’ ASSOCIATION shall receive City paid long-term disability insurance at 66 2/3% of the first $5,000 of monthly earnings to normal retirement age as defined by the policy.
Section 25. EDUCATIONAL INCENTIVES
Employees in the classifications of POLICE LIEUTENANT and POLICE CAPTAIN holding an Advanced P.O.S.T Certificate shall receive an educational incentive pay of 10% of base pay per pay period.
Section 26. LONGEVITY PAY
SELF-REPRESENTED and unclassified EXECUTIVE employees are eligible to receive longevity pay in recognition for their years of uninterrupted service to the City. Longevity pay will be issued as a one-time lump payment paid on the closest pay period following the employee’s anniversary date. Longevity pay is not cumulative. • Employees who have ten (10) years of uninterrupted service with the City will receive $1,000.
• Employees who have fifteen (15) years of uninterrupted service with the City will receive $1,500.
• Employees who have twenty (20) years of uninterrupted service with the City will receive $2,000.
• Employees who have twenty-five (25) years of uninterrupted service with the City will receive $2,500.
• Employees will receive $2,500 for every additional five (5) years of uninterrupted employment with the City thereafter.
Section 27. ROUNDING OF SALARIES
All salaries shown in Sections 1 and 2 have been rounded to the nearest two (2) decimal places. Payroll calculations are made to six (6) decimal places.
Section 28. “Z” RATED SALARIES
A. The “Z” rate for any classification is hereby defined as any rate of pay for a specific salary step in excess of the corresponding step of the regular range for the class. An employee shall be paid the “Z” rate solely under one of the following two conditions:
1. Upon the reduction of the salary range for a class, an employee having other than provisional status who, immediately prior to the reduction of the salary range, was paid at a higher rate for such class, than the new maximum rate shall, Resolution 2025-05
Exhibit A
City of Coronado Page 399
Personnel Authorization and Compensation Plan Fiscal Year 2024-25 Sections 4 through 30 Amended February 18, 2025
in the absence of any contrary orders by the City Council for economic reasons, continue to be paid at the former rate.
2. Any employee whose position is reallocated from a class in which the employee has acquired permanent status to a class with a lower range shall, in the absence of any contrary orders by the City Council for economic reasons, continue to be paid at the former rate.
B. In the event an across-the-board salary increase is granted to a class held by an employee being paid at the “Z” rate, the employee shall receive the across-the-board increase. Once a position held by a “Z” rated employee is vacated, the position shall be paid at the regular rate.
Section 29. VEHICLE ALLOWANCE
EXECUTIVE positions identified by the City Manager shall receive an auto allowance of up to $350.00 per month.
Section 30. CONFLICT WITH CIVIL SERVICES RULES AND MEMORANDA OF
UNDERSTANDING
In case of conflict, this Compensation Plan supersedes Civil Service Rules. Memoranda of Understandings contain additional detail and supersede this Compensation Plan if there is conflict.
Resolution 2025-05
Exhibit A
City of Coronado Page 400
CITY COUNCIL STAFF REPORT
February 18, 2025 5j
2025 ORANGE AVENUE NONPROFIT BANNER SERIES
RECOMMENDATION:
Review and approve the Cultural Arts Commission’s recommendation to accept the installation locations and schedules for the 2025 Orange Avenue Nonprofit Banner Series.
BACKGROUND:
The Orange Avenue Banner Program was established in 2016 and is funded annually through a Discover Coronado Community Enhancement Grant. For Fiscal Year 2024-2025, Discover Coronado awarded a $36,000 grant to support the program. Banners are displayed along Orange Avenue from First Street to Avenida De Las Arenas.
The purpose of the Banner Program is to accentuate the City’s main thoroughfare, welcome citizens and visitors to Coronado, and to celebrate Coronado traditions including holidays, events, and activities. The program adds color, excitement, and a festive look to Orange Avenue and celebrates various cultural and civic events. The program is administered by the City Manager’s Office.
In November 2024, the City began advertising the 2025 Orange Avenue Nonprofit Banner Series opportunity, making program standards, guidelines, and applications available on CoronadoArts.com and at City Hall. The opportunity was publicized through local newspapers, the City Manager’s Update, social media, and the City’s website. The application deadline for the 2025 series was January 12, 2025.
ANALYSIS:
Application Process
Twelve nonprofit organizations submitted applications for the 2025 Orange Avenue Nonprofit Banner Series: Coronado Art Association, Coronado Chamber of Commerce, Coronado Community Foundation (CCF), Coronado Island Film Festival (CIFF), Coronado Junior Arts League (CJAL), Coronado MainStreet, Coronado Optimist Club, Coronado Promenade Concerts, Safe Harbor Coronado, Coronado Schools Foundation (CSF), FOCUS, and the Rotary Club of Coronado.
Of these applicants, seven organizations are new to the banner program: CCF, CJAL, Promenade Concerts, MainStreet, Optimist, Rotary, and CSF. Additionally, two organizations are marking major milestones, with Coronado Rotary celebrating 100 years since its founding and Promenade Concerts celebrating its 55th year of concerts in Spreckels Park.
Selection Process
Applications were reviewed by a four-member committee, including two members of the Cultural Arts Commission and two community volunteers with prior experience on the review panel. The committee evaluated designs based on artistic merit, event significance, and timing. Their recommendation was to utilize all 12 applications across three series as follows:
City of Coronado Page 401
March 17 to May 23, 2025
Organization # of Designs # of Poles Location Notes
Coronado Chamber of Commerce 3 6 Downtown Business Area Coronado Junior Arts League 1 4 Near Community Center
Coronado Mainstreet 3 6 Downtown Business Area
Coronado Optimist Club 3 6 Interspersed
SAFE Harbor 1 2 Interspersed
FOCUS 3 6 Interspersed
30 total
June 1 to August 25, 2025
Organization # of Designs # of Poles Location Notes
Fourth of July/Patriotic 4 20 Alternating
Promenade Concerts – 55 1 5 Alternating
Coronado Art Association 1 5 Alternating
30 total
September 1 to November 24, 2025
Organization # of Designs # of Poles Location Notes
Coronado Community Foundation 2 6 Interspersed
Coronado Island Film Festival 5 10 In front of Village Theatre Rotary Club of Coronado 2 6 Interspersed
SAFE Harbor 1 2 Interspersed
Coronado Schools Foundation 2 6 Interspersed
30 total
At its February 6, 2025, meeting, the Cultural Arts Commission approved the Banner Committee’s recommendation for the three nonprofit banner series and moved to send the recommendation to the City Council for final approval.
FISCAL IMPACT:
There is no direct cost to the City for the production and installation of the banners. The Fiscal Year 2024-25 Discover Coronado grant of $36,000 fully funds the City's banner program.
Participating nonprofits are responsible for covering the graphic design costs and providing artwork for production.
ALTERNATIVE:
The City Council may choose not to accept the Cultural Arts Commission’s recommendation and may provide alternative direction to staff.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
This activity is exempt from environmental review pursuant to CEQA section 15311(c), Accessory Structures.
City of Coronado Page 402
PUBLIC NOTICE:
No notice required.
ATTACHMENTS:
1. 2025 Nonprofit Banner Artwork
2. Installation Maps
Submitted By: City Manager’s Office / Kelli Maples
City of Coronado Page 403
Attachment 1
City of Coronado Page 404
Attachment 1
City of Coronado Page 405
Attachment 1
City of Coronado Page 406
Attachment 1
City of Coronado Page 407
Attachment 1
City of Coronado Page 408
Attachment 1
City of Coronado Page 409
27 22
28 1st
2nd Street
4th Street
5th Street
6th Street
7th Street
8th Street
9th Street
10th Street
Orange Avenue Light Poles
39 poles total from First Street to
Avenida de las Arenass
No Hardware/No banners
Orange Avenue Light Poles with
Banner Hardware
30 poles/60 banners—Numbered 1-30
Coronado Chamber of Commerce Art
and Wine (6 Poles)
Coronado Junior Arts League
(4 Poles)
Coronado Mainstreet MotorCars
(6 Poles)
Coronado Optimist Club (6 Poles)
Safe Harbor (2 Poles)
FOCUS (6 Poles)
Orange Avenue
29 30
5 6
1 8
9 10
11 12
13 14
15 16
17 18
19 20
21 3rd Street
Orange Avenue Banner Program
Site Map—Nonprofit install
Spring 2025
March 17—May 23, 2025
2 3
4 7
23 24
25 26
Attachment 2
City of Coronado Page 410
27 22
28 1st
2nd Street
4th Street
5th Street
6th Street
7th Street
8th Street
9th Street
10th Street
Orange Avenue Light Poles
39 poles total from First Street to
Avenida de las Arenass
No Hardware/No banners
Orange Avenue Light Poles with
Banner Hardware
30 poles/60 banners—Numbered 1-30
Fourth of July Patriotic (20 Poles)
Promenade Concerts (5 Poles)
Coronado Art Association (5 Poles)
Orange Avenue
29 30
5 6
1 8
9 10
11 12
13 14
15 16
17 18
19 20
21 3rd Street
Orange Avenue Banner Program
Site Map—Summer install
Summer 2025
June 1—August 25, 2025
2 3
4 7
23 24
25 26
Attachment 2
City of Coronado Page 411
27 22
28 1st
2nd Street
4th Street
5th Street
6th Street
7th Street
8th Street
9th Street
10th Street
Orange Avenue Light Poles
39 poles total from First Street to
Avenida de las Arenass
No Hardware/No banners
Orange Avenue Light Poles with
Banner Hardware
30 poles/60 banners—Numbered 1-30
Coronado Community Foundation
(6 Poles)
Coronado Islander Film Festival
(10 Poles)
Rotary Club of Coronado
(6 Poles)
Safe Harbor (2 Poles)
Coronado Schools Foundation
(6 Poles)
Orange Avenue
29 30
5 6
1 8
9 10
11 12
13 14
15 16
17 18
19 20
21 3rd Street
Orange Avenue Banner Program
Site Map—Nonprofit install
Fall 2025
September 1—November 24, 2025
2 3
4 7
23 24
25 26
Attachment 2
City of Coronado Page 412
Memo
To: Kelsea Holian, City Clerk
From: Kelly Purvis, Councilmember
cc: February 18, 2025, City Council Agenda
Date: February 11, 2025
Re: Inter-Agency, Committee, and Board Assignments Report Metro Wastewater, JPA:
I attended my first Metro Wastewater, Joint Powers Authority meeting on February 6 in San Diego. I’m serving as primary representative with Mark Fleming and John Duncan as alternates.
1. Metro JPA/TAC Membership Update
o All JPA member agencies have finalized their committee assignments. Introductions were made at this first meeting of the year.
o The updated member roster is included in 2025 New Director’s Manual available online.
2. Finance Committee and JPA Board/Commission Updates
o FY 2026 budget planning began.
o Key approvals: Reserve Fund Policy, Executive Director contract extension, treasurer contract, succession planning committee formation, and banking signatory changes.
3. North City Pure Water Construction Tours
o Scheduled to attend in April.
4. Website and New Director’s Manual Update
o Annual website updates completed, including the latest New Director’s Manual. o Stakeholder feedback is being integrated into further updates.
5. Finalization of Second Amended and Restated Agreement (SARA) o Continued collaboration with the City of San Diego's legal team. o Draft to be reviewed in February, with implementation discussions scheduled for March.
6. FAB (Financial Allocation Model) Implementation
o Ongoing refinement of cost allocations for participating agencies. o Final model under review with Metro TAC input.
7. JPA Policies and Procedures Manual
o Draft version under revision, expected for further review in March. o Establishes standardized guidelines for operations and compliance.
8. Inflow and Infiltration (I&I) Study Progress
o Evaluation of rain gauge locations and sewer meter basins underway. o GIS mapping and data collection in focus.
9. Pure Water Phase 2 Workshop
o Metro TAC and city representatives collaborating on implementation strategies. o Includes environmental and technical stakeholders.
10. Upcoming Key Meetings
Metro JPA/Commission Meeting (March 6, 2025) – Draft SARA Presentation. Metro TAC Meeting (February 19, 2025) – Draft SARA Presentation. Metro JPA Finance Committee (March 24, 2025) – Budget & Policies Review.
Item 10a.
Councilmember Purvis
City of Coronado Page 413
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CITY COUNCIL STAFF REPORT
February 18, 2025 10b
APPROVAL OF THE 2025 LEGISLATIVE POLICY GUIDELINES AND PRIORITY
LEGISLATIVE GOALS
RECOMMENDATION:
Adopt the City of Coronado Legislative Policy Guidelines and Priority Legislative Goals for 2025.
BACKGROUND:
The Legislative Policy Guidelines establish the City of Coronado’s policy positions on legislative issues, providing direction to staff and legislative advocates. They serve as a framework to develop and send position letters to members of the California Legislature and the U.S. Congress.
Annually, staff reviews the Policy Guidelines and presents any recommended changes to the City Council for review and adoption.
ANALYSIS:
Staff proposes minor, refining edits to the 2025 Legislative Policy Guidelines, as noted in redline in Attachment 2.
Notably, the cross-border water quality language changes, found in Section V.F., set forth expanded language to support additional funding sources for the International Boundary and Water Commission (IBWC) international wastewater treatment plant infrastructure, and environmental restoration and mitigation work for the area. This proposed language encompasses the scope of two active State and Federal bills (S.B. 10 (Padilla) and H.R. 5903 (Napolitano)) to open pathways for additional funding resources for the Tijuana River Valley and wastewater treatment infrastructure.
Attachment 1 presents a set of Priority Legislative Goals, which elevate the issues of cross-border water pollution, investment in infrastructure and the next Regional Housing Needs Assessment cycle as critical issues for 2025.
City Council feedback is requested to modify or add to the priority areas or legislative guidelines.
Staff will continue to track bills of specific interest to Coronado or of high importance to local government in general. If there is a novel legislative issue, staff will prepare an agenda item for the City Council’s consideration. In accordance with Council Policy #26, legislative correspondence signed by the Mayor will be added to City Council agendas as a non-action item to keep the City Council and community apprised.
For reference, staff also included a copy of CalCities 2025 Legislative Policy Priorities (Attachment 3) as adopted by its board.
FISCAL IMPACT:
There is no fiscal impact for adopting the 2025 Legislative Policy Guidelines or Focused Legislative Goals.
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ALTERNATIVE:
The City Council may make any desired changes to the Legislative Policy Guidelines.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
Not Applicable.
PUBLIC NOTICE:
No notice required.
ATTACHMENTS:
1. Priority Legislative Goals for 2025
2. 2025 Legislative Policy Guidelines
3. CalCities 2025 Legislative Priorities
Submitted By: City Manager's Office / Tina Friend
City of Coronado Page 415
Attachment 1
2025 PRIORITY LEGISLATIVE GOALS
1. Eliminate Cross Border Water Pollution (Section V.F.) • Support Federal and State funding for wastewater treatment, water conservation, flood control and other infrastructure facilities, and environmental mitigation and restoration projects in Mexico and the United States.
• Support legislation to permit the International Boundary and Water Commission (IBWC) to accept funding from other State, Federal and non-Federal entities. • Advocate for accurate water quality testing procedures that properly inform our residents and visitors of water conditions without creating unnecessary water closures.
2. Increase Infrastructure Funding for Storm Water, Wastewater, Recycled Water and Major Capital Projects (Section V.E. and I.C)
• Support legislation that provides funding and grants for recycled water, wastewater and storm water infrastructure.
• Support legislation funding and streamlining major capital projects such as utility undergrounding, solar panels, vehicle charging stations, parks rehabilitation, coastline remediation, fire station construction and climate resiliency.
3. Implement Reasonable 7th Cycle Regional Housing Need Assessment (RHNA) Projections and Policies (Section VI.A.)
• Support legislation that amends RHNA law or implementation to accurately distribute military jobs across jurisdictions and provide cities with full credit for housing units contained and/or constructed at adjacent Federal military installations.
• Require HCD and Regional Planning Agencies to consider growth limitations imposed by other state and regional planning agencies, such as the Coastal Commission and airport authorities, when analyzing Housing Elements for compliance.
• Oppose legislation that penalizes a city in any way if units identified in the Regional Housing Need Assessment are not constructed.
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Attachment 2
2025 LEGISLATIVE
POLICY GUIDELINES
February 18, 2025
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CITY OF CORONADO
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Revised February 18, 2025 i
INTRODUCTION
The following guidelines will be utilized to take positions on state and federal legislative issues affecting the City of Coronado. These guidelines allow for the efficient transmittal of correspondence from the City to advocate for desired policy outcomes.
In accordance with the guidelines, staff is authorized to communicate the City’s position, engage with the City’s state and federal advocacy teams and prepare correspondence on behalf of the City for the Mayor’s or City Manager’s signature, if the Mayor or Mayor Pro Tempore are unavailable to sign. If there are new factors not contemplated in the guidelines, the issue shall go to the City Council for direction.
Additionally, in accordance with Council Policy #26, legislative correspondence signed by the Mayor shall be presented to the full City Council, subject to agenda deadlines, at the next regularly scheduled City Council meeting as a non-action item under the Agenda Heading of COMMUNICATIONS – WRITTEN.
As needed, staff will provide periodic updates on important legislative issues at regular City Council meetings. City Council will then have an opportunity to make a position statement on the issues or specific legislation.
These guidelines are reviewed annually by the City Council and revised to reflect positions the Council has taken on previous legislative issues or may want to take based on recommendations from staff.
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TABLE OF CONTENTS
I. LOCAL GOVERNMENT FINANCE
A. State-Federal Mandated Programs 1
B. Long-Term Financing of Local Agencies 1
C. Revenue, Fees and Taxes 1
D. Border Area Economic Development 2
E. Local Educational Funding 2
II. GENERAL GOVERNMENT
A. Workers’ Compensation 3
B. Unemployment Compensation 3
C. Labor Relations 3
D. State and Local Government Relations 4
E. Pension Reform 4
III. PUBLIC PROTECTION
A. Crimes 5
B. Drugs 5
C. Fire Protection 6
D. Medical Care 6
E. Homeland Security 6
F. San Diego-Coronado Bridge 7
IV. TRANSPORTATION AND PUBLIC WORKS
A. Transportation 8
B. Solid Waste and Recycling 9
C. Public Rights-of-Way 9
D. Public Works 9
V. RESOURCES AND ENVIRONMENT
A. California Environmental Quality Act 10
B. Offshore Drilling 10
C. Waterfront 10
D. Water 11
E. Storm Drain and Sewer 11
F. Cross-Border Water Pollution 12
G. Regional Growth Management 12
H. Air Quality 12
I. Wetlands 13
J. Energy 13
K. Land Use 13
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VI. HOUSING AND REDEVELOPMENT DISSOLUTION
A. Housing 14
B. Successor Agency 14
VII. RECREATION 15
VIII. CITY-NAVY RELATIONS 16
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I. LOCAL GOVERNMENT FINANCE
A. State-Federal Mandated Programs
1. Support legislation requiring the State and Federal Government to provide full cost reimbursement to cities for all mandated programs and for all programs resulting in revenue losses.
2. Oppose legislation that fails to provide adequate funding for State and Federally mandated programs.
3. Oppose any measure that mandates procedures (such as maintenance-ofeffort) that would make local government more dependent on the State for financial stability.
4. Support legislation that further protects local government revenue from being taken, confiscated, shifted, diverted or otherwise used to fund State government operations and responsibilities.
B. Long-Term Financing of Local Agencies
1. Support legislation to stabilize local government financing, to increase funding to local agencies and to permit the most cost-efficient management of State- mandated programs.
2. Oppose legislation which shifts revenue from local government to the State for any purpose or reduces local discretion in the use of local government revenues.
3. Oppose legislation that would punitively reduce local government funding for transportation or other discretionary funding for not meeting state housing goals.
C. Revenues, Fees and Taxes
1. Support legislation which increases local revenues or improves local government’s ability to generate revenue.
2. Oppose legislation that would change the property tax allocation method or formula that would result in less property tax to the City of Coronado.
3. Oppose legislation that would transfer a local government’s reserves, or designated reserves, to the state or other agency, caps a local government’s reserves or reduces local government revenue due to the level of reserves it maintains.
4. Support legislation to protect and preserve local control over locally imposed taxes (such as transient occupancy tax and franchise fees). City of Coronado Page 421
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5. Support legislation that would repeal FY 92-93 and FY 93-94 property tax shift from cities.
6. Support legislation to protect critical local programs and services from State budget cuts during the current legislative session.
7. Support legislation that would create cost recovery for local police, fire, and emergency medical services to state/military properties, including military housing.
8. Support legislation that would create cost recovery for local non-safety public services to state/military properties, including military housing.
9. Support legislation that would amend the State Constitution Article XIID, Section
6.C. to include storm drain fees among the list of types of fees that are exempt from the voting requirements imposed by Proposition 218.
10. Support legislation that would provide an exclusion from retirement pay received by uniformed services members from the federal government during the taxable year. Support an additional exclusion from income annuity payments received by a surviving spouse of a member of the uniformed services.
11. Support legislation funding and streamlining major capital projects such as utility undergrounding, solar panels, vehicle charging stations, parks rehabilitation, coastline remediation, fire station construction and climate resiliency.
D. Border Area Economic Development
1. Support legislation which would provide aid to and assist in the development of the economies of South Bay and border cities.
E. Local Educational Funding
1. Support legislation that guarantees Federal Impact Aid Funds to Coronado schools.
2. Support legislation that provides flexibility for use of 2% pass-through funds (Health & Safety Code section 33676) on school district operations.
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II. GENERAL GOVERNMENT
A. Workers’ Compensation
1. Oppose legislation which would increase employee benefits without system reforms which would offset increased employer costs.
2. Oppose legislation which would provide presumptive eligibility for the award of benefits for Workers’ Compensation or other employee health benefits.
3. Support legislation which would remove existing presumptive eligibility for the award of benefits for Workers’ Compensation or other employee health benefits.
4. Support legislation which would reform the Workers’ Compensation system to reduce employer costs through the reduction of system abuse.
B. Unemployment Compensation
1. Oppose legislation which would increase employer liability for unemployment compensation or which would reduce local discretion to manage this risk.
C. Labor Relations
1. Oppose legislation which would impede local administration of labor relations.
2. Oppose legislation which would require, impose, or expand compulsory binding arbitration for public employees.
3. Oppose legislation which would increase the cost of benefits, the cost of administering benefits, or mandate that a special group health and welfare benefit be provided to all employees.
4. Oppose legislation which reduces local control over public employee disputes and/or imposes regulations from an outside agency.
5. Oppose legislation which makes disciplinary proceedings for public safety employees similar to criminal proceedings, making it virtually impossible for employers to prove an administrative violation.
6. Oppose legislation restricting the availability of evidence in administrative investigations and hearings involving public safety employees.
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D. State and Local Government Relations
1. Oppose legislative efforts that restrict the City from contacting and representing itself on issues of importance before state agencies and commissions.
E. Pension Reform
1. Support legislation for pension reform that provides sustainable pensions for local government employees.
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III. PUBLIC SAFETY
A. Crimes
1. Oppose efforts that would impede local law enforcement from addressing crime within the community and recovering costs resulting from a crime committed by a guilty party.
2. Support legislation that would protect the public from the dangerous and improper use of weapons and enact necessary regulations to control their use.
3. Oppose legislation which would weaken the authority of local law enforcement to control the issuance of concealed weapon permits.
4. Support legislation which strengthens State graffiti law and provides local government revenue and resources for graffiti abatement.
5. Support legislation that would protect the public from identity theft.
6. Support legislation that would provide funds for local law enforcement technology.
7. Support legislation that would provide funds for additional equipment, services, and/or personnel.
8. Support legislation that would prohibit transient rental hosting platforms from facilitating occupancy of a residential unit offered for tourist or transient use in violation of any ordinance, regulation, or law of the city; and require transient rental hosting platforms to report quarterly activities sufficient to enforce local transient rental regulations and zoning.
9. Support legislation that would increase the ability of local law enforcement officers to issue a citation to any motor vehicle (including motorcycles) that emit an excessively loud or disturbing noise not necessary for its operation.
10. Support legislation that would allow a local agency to develop their own bail schedule for violations of the Vehicle Code by bicyclists and/or allow a local agency to develop its own municipal code for said purpose.
11. Support legislation that broadens the threshold for auto burglary by removing the requirement for a vehicle to have locked doors and rolled-up windows in order to meet the definition.
B. Drugs
1. Support legislation which strengthens State and Federal drug laws to give local government the power to restrict or regulate the sale, manufacture and the use of alcohol and/or controlled substances.
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2. Oppose legislation that would limit a city’s authority to regulate, permit, license, or prohibit the cultivation, distribution, or sale of marijuana.
3. Support legislation which would provide a greater share of seized assets to localities.
C. Fire Protection
1. Support legislation protecting local discretion regarding building and fire code standards.
2. Support legislation that provides funding for local emergency operations including equipment, services and personnel.
3. Support legislation that explores innovation efforts and pilot programs that enable emergency providers to control costs.
D. Medical Care
1. Support legislation protecting or increasing municipal discretion regarding the provision of emergency medical services.
2. Support legislation to regularly update the Geographic Practice Cost Index to provide for adequate reimbursement schedules for physicians in San Diego County who treat Medicare and Medicaid patients.
3. Support legislation that provides State and Federal funding for local hospital operations and capital improvement projects.
4. Support legislation that would enhance or provide funding sources for the delivery of emergency medical and ambulance transportation services.
5. Support legislation that would reduce the amount of time City emergency medical and ambulance services must wait at hospitals until patients can be released from their care.
E. Homeland Security
1. Support legislation that would provide funding for Homeland Security measures.
2. Support legislation that would require communicating with city officials regarding threats to local safety, as threats occur.
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F. San Diego-Coronado Bridge
1. Support legislation for the establishment and allocation for state and federal funding of a suicide prevention barrier for the Coronado Bridge.
2. Support legislation that seeks City of Coronado concurrence to any modifications to the appearance of the Coronado Bridge as it relates to the establishment of a suicide prevention barrier.
3. Oppose legislation that would require the City of Coronado to pay, or otherwise diverts funding intended for the benefit of Coronado, for the purpose of a study or construction of a suicide prevention barrier for the Coronado Bridge.
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IV. TRANSPORTATION AND PUBLIC WORKS
A. Transportation
1. Seek and support legislation that would provide Department of Defense/Department of Navy funding and encourage participation in congestion relief for the SR 75/282 Transportation Corridor.
2. Support legislation which provides equitable amounts of State and Federal funding for roads and highways and facilitates the timely construction of local transportation projects.
3. Support legislation which reaffirms State responsibility for highway funding and oppose legislation that would relinquish State Routes to local governments without appropriate consideration or concurrence.
4. Support legislation which assures Federal and State funding efforts for local transportation projects and for alternative forms of transportation.
5. Support legislation providing funds for local agencies to establish peak hour traffic management plans.
6. Support legislation to authorize State financial incentives for employees who commute to work in carpools or use public transportation.
7. Support legislation that allows the use of speed cameras in 25 M.P.H. school zones and residential neighborhoods based solely on safety concerns.
8. Support legislation that would allow the lowering of the speed limit on State Route 282 and State Route 75/Silver Strand Highway.
9. Support legislation for active transportation methods and the implementation of complete streets in the City of Coronado to improve bikeability and walkability throughout the City.
10. Support legislation to facilitate the expedited relinquishment of State Routes 75 and 282, should the City of Coronado decide to take ownership of all or a portion of these roadways.
11. Support legislation that would allow local governments to establish reasonable control and regulations over taxicabs that operate within their jurisdictions.
12. Support legislation that enhances funding for commuter ferry service to and from Coronado and neighboring military bases, including the use of alternative fuel and/or electric vessels for this service.
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13. Support legislation that would allow local governments to establish reasonable controls and regulations over electric bikes and other electric modes of transportation.
B. Solid Waste and Recycling
1. Support legislation for local agencies providing assistance to help prepare and implement recycling plans.
2. Support legislation which encourages the State to provide funding for added costs of implementing mandatory solid waste, household hazardous waste, organic waste, and recycling programs to local agencies.
3. Support legislation which sets reasonable and flexible recycling standards.
4. Support legislation that would exempt a city from AB 939 penalties due to a federal installation’s excessive contribution to the city’s waste stream.
5. Support legislation encouraging active development of markets for recycled goods.
6. Support legislation requiring local agencies to prepare and implement household hazardous waste collection plans and provide state funding for the development of those efforts.
7. Support legislation which reduces local government's superfund liability for solid waste.
C. Public Rights-of-Way
1. Support legislation to retain local control over public rights-of-way.
2. Oppose legislation that would limit the City’s ability to regulate or prohibit activity in the public rights-of-way or on public property.
D. Public Works
1. Support legislation that provides cities the ability to impose consequences regarding future work opportunities on contractors selected under low bid contract requirements that deliver unsatisfactory contract performance.
2. Support legislation that would allow general law cities to use design build or other delivery methods for constructing capital improvement programs.
3. Support legislation that would provide greater flexibility in the use of City forces to complete minor Public Works contracts.
4. Support legislation that would allow general law cities to use a two-step, City of Coronado best value contract acquisition method for service contracts. Page 429
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V. RESOURCES AND ENVIRONMENT
A. California Environmental Quality Act
1. Support legislation which improves CEQA requirements to aid in a thorough environmental review of future projects.
2. Support legislation that would exempt local agencies from completing CEQA or obtaining additional permits from State or Federal agencies for temporary events such as aerial fireworks displays.
B. Offshore Drilling
1. Oppose legislation which includes any San Diego coastal areas in the lease/sale program until environmental protection has been assured and the need for this resource has been demonstrated.
2. Support legislation which provides for oil spill prevention and response.
3. Support legislation which creates a Coastal Sanctuary which prohibits a State agency from entering into a new lease for the extraction of oil in State waters.
C. Waterfront
1. Support legislation which provides funding for waterfront coastal restoration, protection, and enhancement.
2. Monitor efforts to improve or modify facilities at Silver Strand State Beach with the intent of preserving the environment for the Coronado residents who are adjacent to the State Beach.
3. Monitor the status of legislation and seek state cooperation and funding for protecting the Silver Strand and Coronado Bridge Scenic Highways, including maintenance and operations of the Silver Strand State Park, master planning efforts, ridge line fence improvements, and rehabilitating and upgrading the environmental preserve north of the bayside beach picnic area.
4. Oppose projects that diminish or have a negative impact on the Silver Strand and Coronado Bridge Scenic Highways.
5. Support legislation to fund advance planning and mitigation efforts for sea level rise.
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D. Water
1. Support legislative efforts to feasibly improve the water quality in San Diego Bay.
2. Support legislation to provide Southern California with a stable source of water.
3. Support legislation which would provide incentives and funding for alternative water sources and for water conservation measures sponsored by local agencies.
4. Support legislation that would advance the opportunity to secure and utilize reclaimed/recycled water.
5. Support legislation that would support the development of a Long-Range Regional Water Reuse Plan that would not preclude a local agency from pursuing its own reclaimed water initiative.
6. Support legislation that would expand the ability of local government officials, staff, and the public to serve on the Regional Water Quality Control Board.
E. Storm Drain and Sewer
1. Support legislation that provides funding and grants for recycled water, wastewater and storm water infrastructure.
2. Support legislation to provide funding for National Pollutant Discharge Elimination System (NPDES) permit compliance and other mitigation measures and projects to reuse, divert, or treat urban runoff.
3. Oppose legislation that imposes more stringent requirements on storm drain runoff without providing funding and/or consideration of the feasibility of monitoring and mitigation of such requirements.
4. Monitor any new or reviewed requirements by State or Federal agencies for testing water quality and water body closures.
5. Support legislation that would provide funding for the Transbay wastewater system and other projects in the sewer and storm water master plans.
6. Support Federal and State legislation to allow for smaller secondary equivalency at the Point Loma Wastewater Plant (including the proposed Pure Water San Diego Program) rather than upgrading the plant to full secondary treatment as long as the discharges from the plant are not harming the environment.
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7. Support legislation to fund programs for the proper disposal of prescription drugs.
F. Cross Border Water Pollution
1. Support Federal and State legislation that provides Federal and State funding or enables other funding sources for the study, design, construction, maintenance and operation of improved sewage wastewater treatment, water conservation, flood control and other infrastructure facilities, and environmental mitigation and restoration projects in Mexico and the United States.
2. Support legislation that provides authority to the International Boundary and Water Commission to accept funding from other State and Federal agencies and a non-Federal entity and/or non-profit organizations to fund improvements to sewage wastewater infrastructure, water conservation or flood control projects and other structure to support the function of the IBWC.
3. Monitor requirements and protocols by County, State or Federal agencies for ocean water quality testing and water body closures, and advocate for properly calibrated testing that properly informs residents and visitors of water conditions without creating unnecessary water closures.
G. Regional Growth Management
1. Support legislation that would produce additional resources, including adequate funding, to local agencies to address regional growth issues.
2. Support legislation that would authorize local agencies to establish regional authorities to address growth management issues on a voluntary basis.
3. Support legislation which provides for regional governance but does not compromise the City of Coronado’s membership or role in regional governance issues or local municipal land use authority.
4. Support legislation that would return the SANDAG Executive Board voting structure to a tally vote rather than a weighted vote which currently disenfranchises smaller cities within the San Diego region.
H. Air Quality
1. Support legislation to feasibly improve the air quality in San Diego County.
2. Support legislation which allocates State and/or Federal funds for compliance with Federal and State air quality standards.
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3. Support legislation that would provide funding for alternative fuel vehicles and charging stations for electric vehicles.
I. Wetlands
1. Oppose legislation which adversely impacts wetlands adjacent to Coronado.
J. Energy
1. Support legislation that effectively stabilizes energy availability and reduces energy costs.
2. Support legislation that would provide funding for alternative energy sources, energy efficiency and conservation measures.
K. Land Use
1. Oppose legislation that takes a punitive approach to City General Plan Housing Element reform and the imposition of any extraordinary powers in State agencies with regard to City Housing Elements.
2. Oppose legislation, or other agency actions, that would usurp local control of land use decision-making.
3. Oppose legislation that would impose State-mandated development standards or procedures that are contrary to the Coronado General Plan or local land use policy.
4. Oppose legislation that would circumvent a local agency’s land use authority by requiring a local agency to allow commercial uses in residential zones or residential uses in commercial zones.
5. Oppose land use legislation that is inflexible and cannot be modified through local review.
6. Oppose proposals that would alter air traffic that could result in negative impacts to Coronado.
7. Support actions by the San Diego County Regional Airport Authority (SDCRAA) related to the Airport Land Use Compatibility Plan (ALUCP) that do not adversely impact properties in Coronado based on the Air Installation Compatible Use Zones (AICUZ) study from the Navy.
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VI. HOUSING AND REDEVELOPMENT DISSOLUTION
A. Housing
1. Oppose legislation which restricts local discretion in the use of housing funds or in the assessment of housing needs.
2. Support legislation which exempts military jobs from Regional Housing Needs Allocation (RHNA) formulas or provides credit for housing units contained within adjacent military installations.
3. Require HCD and Regional Planning Agencies to consider growth limitations imposed by other state and regional planning agencies, such as the Coastal Commission and airport authorities, when analyzing Housing Elements for compliance.
4. Support reform legislation of the Regional Housing Needs Assessment (RHNA) process to provide cities with more flexibility meeting State housing law and more direct authority into the methodologies used to assign housing units to respective cities.
5. Oppose legislation that penalizes a city if units identified in the Regional Housing Need Assessment (RHNA) are not constructed.
6. Support legislation which provides a funding source, e.g. tax increment financing, for affordable housing projects and programs similar to the former redevelopment affordable housing set-aside.
7. Support efforts that provide funding and resources to assure local governments have the ability to address the needs of the homeless in their communities and protects the City’s ability to preserve public safety and livability.
B. Successor Agency
1. Oppose legislation which reduces the amount of Redevelopment Property Tax Trust Fund (RPTTF) revenues allocable to successor agencies.
2. Oppose legislation which shifts revenue from successor agencies to the State to cure State budget deficits.
3. Oppose legislation which authorizes other agencies to assess successor agencies in excess of costs for actual services rendered.
4. Oppose legislation that prohibits a successor agency from repaying loans from a City that were provided to the agency for a lawful purpose.
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VII. RECREATION
1. Support legislation that would provide funds for local and regional recreation areas, parks, facilities, and services.
2. Support legislation that provides funding from SANDAG, the State, and/or the Federal Government to complete and maintain the Bayshore Bikeway project around the entire San Diego Bay and other bikeway networks in San Diego County.
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VIII. CITY - NAVY RELATIONS
A. Support the Navy on matters of mutual concern that are consistent with the City’s best interests to maintain a high quality of life for the community, dealing with base security, mission priorities, training facilities, air traffic safety, and ground traffic congestion.
B. Support the Navy’s efforts in retaining Naval Air Station North Island (NASNI) as a long-term, exclusive military facility under BRAC.
C. Oppose efforts for joint use of commercial air passenger or cargo use of Naval Air Station North Island (NASNI).
D. Oppose legislation that interferes with the City’s land use authority to retain existing uses and allow for reasonable expansion of structures within any landing zones.
E. Support Navy policy interpretation that provides for public participation in the preparation of an Air Installation Compatible Use Zone study for NASNI.
F. Support efforts to reintroduce passenger ferry service as a commuter ferry service to and from Coronado and neighboring military bases.
G. Continue to collaborate with the Navy to minimize impacts of Navy aircraft flying in close proximity to residential homes.
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League of California Cities 2025 Advocacy Priorities
1. Protect local revenues and expand economic development tools. Safeguard and modernize revenue streams for local priorities. Pursue new economic development opportunities that bolster local economies and cultivate a strong local workforce, including expanded workforce recruitment and retention tools.
2. Strengthen climate change resiliency and disaster preparedness. Support city efforts to prepare, prevent, and adapt to natural disasters and the impacts of climate change, including wildfires, drought, sea level rise, and other extreme weather events. Increase transparency and access to insurance policies, especially following a natural disaster.
3. Strengthen and modernize critical infrastructure. Dedicate new resources and protect existing funding to maintain and improve essential infrastructure, including bridges, roads, broadband, and the state’s water supply and energy grid.
4. Secure investments to prevent and reduce homelessness and increase the supply of affordable housing. Secure dedicated funding to bolster cities’ long-term planning efforts to support unhoused residents and accelerate the construction of affordable housing. Strengthen state and regional partnerships to expand access to wraparound services and improve the housing element planning process. Ensure cities have the flexibility and decision-making authority to meet their community and state housing goals and reduce homelessness.
Attachment 3
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