Agenda packet — El Centro City Council, June 6, 2023 (part 1 of 2)

AGENDA

CITY OF EL CENTRO

CITY COUNCIL
TUESDAY, JUNE 6, 2023
City Hall Regular Meeting 11:30 AM

CITY HALL

COUNCIL CHAMBERS
1275 MAIN STREET
EL CENTRO, CA 92243
City of El Centro Page 1
The public may attend in person. Any member of the public attending in person and wishing to make a comment is asked to complete a speaker slip and follow the instructions below regarding “Notice to the Public”. Any member of the public is invited to submit public comments in advance of the meeting to be answered at the meeting. Please email your questions to [email protected] or call 760-337-4515 by June 6, 2023.

COUNCIL MEMBERS, STAFF AND THE PUBLIC MAY ATTEND VIA ZOOM.

To participate and make a public comment in person, via Zoom or telephone, please raise your hand, speak up and introduce yourself.

Join Zoom Meeting:
https://us06web.zoom.us/j/85034019204?pwd=KzBldVlFcmxhci8wb0toQi9Eakhsdz09 Optional dial-in number: 1 (669) 900-6833
Meeting ID: 850 3401 9204 Passcode: 040713
Public comments via zoom are subject to the same time limits as those in person.

Mayor & Council Members may be reached at (760) 336-8989 Mayor: Martha Cardenas-Singh Interim City Manager: Cedric Ceseña Mayor Pro-Tem: Sylvia Marroquin City Attorney: Elizabeth Martyn Evans Council Members: Edgard Garcia City Clerk: Norma Wyles
Tomás Oliva
Sonia Carter
11:30 A.M CLOSED SESSION - CONFERENCE ROOM "A"
ROLL CALL (Open Session)
CLOSED SESSION PUBLIC COMMENT:

Any member of the public wishing to address the City Council on any matter appearing on the closed session may do so at this time. Unless the Mayor extends the time limit, remarks shall be limited to three (3) minutes. Additional opportunities for Public Comments will be given during and at the end of the meeting.

Agenda City Council of the City of El Centro June 6, 2023 City of El Centro Page 2

CITY COUNCIL ADJOURNS INTO CLOSED SESSION

CITY COUNCIL CLOSED SESSION

ANTICIPATED LITIGATION
A point has been reached where, in the opinion of the City Council upon the advice of its legal counsel, and based upon existing facts and circumstances, there is a significant possibility of initiation of litigation against the City under Govt. Code Section 54956.9(d)(2).

POSSIBLE LITIGATION
A point has been reached where, in the opinion of the City Council upon the advice of its legal counsel, and based upon existing facts and circumstances, there is a significant possibility that the City will initiate litigation against LAFCO and Jurg Heuberger Govt. Code Section 54956.9(d)(2).

NOTICE TO THE PUBLIC
This is a public meeting. If there is an item on the agenda on which you wish to be heard, you are asked to complete a blue speaker slip and submit it to the City Clerk prior to the start of the meeting. Persons wishing to address the Council are not required to identify themselves (Gov’t Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. When the item is announced and your name is called by the Mayor, please step to the podium and state your name for the record. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. If you wish to address the Council concerning any other matter not appearing on the agenda, you may do so during the public comment portion of the agenda. However, you may not show a visual presentation without review of that material. If you do so, you will be considered out of order. * Any information provided on the “Speaker Slip” is voluntary and will be public record.

RECONVENE FOR OPEN SESSION 6:00 P.M.
6:00 P.M. OPEN SESSION

ALL TIMES ARE APPROXIMATE AND MAY VARY
CALL TO ORDER:

ROLL CALL BY CITY CLERK
PLEDGE OF ALLEGIANCE:

INVOCATION:

Agenda City Council of the City of El Centro June 6, 2023 City of El Centro Page 3
6:05-6:10 CITY ATTORNEY REPORT ON CLOSED SESSION:
6:10-6:15 P.M. (TIME MAY VARY) PUBLIC COMMENTS:

The City Council welcomes your input. At this time, members of the public may address the City Council on any matter not listed on the posted agenda. Pursuant to the Brown Act, no action will be taken on any issue brought forth under Public Comments. We ask that you please complete a “Speaker Slip” and submit it to the City Clerk prior to the start of the meeting. Although you are not required to identify yourself (Gov’t Code §54953.3); this information on the “Speaker Slip” assists the Mayor that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. * Any information provided on the “Speaker Slip” is voluntary and will be public record. 6:15-6:30 PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR:

1. Teacher, Counselor and Administrator of the Year

2. Center for Social Justice - Juneteenth

3. Imperial Valley LGBT Resource Center - For Pride Month 6:30-6:35 CONSENT AGENDA:

4. Contract Change Order #3 - Dogwood Road Improvements at Wake Ave. & Danenberg Dr.

5. Approval of Transportation Development Act Program - Claims

6. Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF EL CENTRO, CALIFORNIA, AUTHORIZING THE DONATION

OF KEYBOARDS AND MICE TO THE EL CENTRO ELEMENTARY SCHOOL

DISTRICT

7. Adopt Resolution No. 23- , A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF EL CENTRO DECLARING CONTINUING WATER SHORTAGE AND MOVING FROM STAGE 2 TO STAGE 1 OF THE CITY'S WATER

SHORTAGE CONTINGENCY PLAN
6:35-6:40 CONTINUED PUBLIC HEARING:

8. Public hearing for the purpose of approving the Engineer's Report regarding Legacy Ranch Landscaping and Lighting District and authorizing the levy and collection of assessments related thereto commencing in fiscal year 2023/2024
PRESENTATION: Karla Chaparro, Director of Finance
RECOMMENDATION:

Adopt Resolution No 23- , A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO APPROVING THE ENGINEER'S REPORT REGARDING Agenda City Council of the City of El Centro June 6, 2023 City of El Centro Page 4

LEGACY RANCH LANDSCAPING AND LIGHTING DISTRICT AND

AUTHORIZING THE LEVY AND COLLECTION OF ASSESSMENTS RELATED THERETO COMMENCING IN FISCAL YEAR 2023/2024
6:40-6:55 PUBLIC HEARING:

9. Public Hearing to consider the approval of a rate increase for the collection, transportation, recycling, processing and disposal of solid waste.

PRESENTATION: Abraham Campos, PE - Public Works Director/City Engineer RECOMMENDATION:

Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO ESTABLISHING RATES FOR THE INTEGRATED WASTE

MANAGEMENT SERVICES INCLUDING BUT NOT LIMITED TO THE COLLECTION,

TRANSPORTATION, RECYCLING, PROCESSING AND DISPOSAL OF SOLID WASTE FOR FISCAL YEAR 2023-2024
6:55-7:40 NEW BUSINESS:

10. Budget Workshop Fiscal Year 2024 - General Fund
PRESENTATION: Karla Chaparro, Director of Finance
RECOMMENDATION:

For discussion

11. Discussion and any necessary action regarding a professional services agreement with KTUA for the Imperial Avenue Complete Streets Plan project.

PRESENTATION: Angel Hernandez, Director of Community Development RECOMMENDATION:

Adopt Resolution No. 23- , A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO APPROVING A CONSULTING AGREEMENT WITH KTUA

FOR THE IMPERIAL AVENUE COMPLETE STREETS PLAN

12. Approval of Code Enforcement Officer Safety Policy
PRESENTATION: Angel Hernandez, Community Development Director RECOMMENDATION:

Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO ADOPTING A SAFETY STANDARDS POLICY FOR CODE

ENFORCEMENT OFFICERS
Agenda City Council of the City of El Centro June 6, 2023 City of El Centro Page 5

13. Award of Construction Management Services for the Police Station Project PRESENTATION: Abraham Campos, PE - Public Works Director/City Engineer RECOMMENDATION:

Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO APPROVING A PROFESSIONAL SERVICES

AGREEMENT WITH BALFOUR BEATTY CONSTRUCTION, LLC FOR

CONSTRUCTION MANAGEMENT SERVICES RELATING TO THE POLICE

STATION PROJECT

14. Discussion and any necessary action regarding the appointments to the Personnel Appeals Board to fill two (2) vacancies.

PRESENTATION: Martha Cardenas-Singh, Mayor
RECOMMENDATION:

Mayors Recommendation: Approve two (2) appointments to the Personnel Appeals Board with term ending April 15, 2027.

15. Discussion and any necessary action regarding the cancellation of the July 4, 2023 City Council meeting.

PRESENTATION: Martha Cardenas-Singh, Mayor
RECOMMENDATION:

Direction from City Council regarding the cancellation of the July 4, 2023 City Council meeting.
7:40-8:00 LEGISLATIVE ACTION:

16. Formation of Legislative Matters Standing Committee

17. Letter of Support - Imperial Irrigation District and Coachella Valley Association of Governments Grant Application

18. Letter of Support AB 1657 - The Affordable Housing Bond Act of 2024 INFORMATIONAL ITEMS:

19. Update on Imperial Avenue at Adams Avenue local emergency proclamation

20. Received and referred to Community Development Department/Planning Department, Application for Alcoholic Beverage License regarding the following: Karisma Resorts Imperial Valley LP, Home2 Suites, 3105 S.

Dogwood Rd., El Centro, California
Agenda City Council of the City of El Centro June 6, 2023 City of El Centro Page 6
8:00-8:30 TASK FORCE REPORTS AND MAYOR - COUNCIL MEMBER REPORTS:
8:30-8:40 CITY MANAGER REPORT:

ADJOURNMENT:

Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet will be available for public inspection at the Office of the City Clerk, 1275 Main Street, El Centro, California 92243, Monday-Friday during normal business hours.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (760)337-4515. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangement to assure accessibility to this meeting.

City Council of the City of El Centro Meeting: 06/06/23 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Presentation
Prepared By: Norma Wyles
SCHEDULED Department Head: Martha Cardenas-Singh
PRESENTATION (ID # 5990) DOC ID: 5990
Teacher, Counselor and Administrator of the Year
1 Packet Pg. 7
City Council of the City of El Centro Meeting: 06/06/23 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Presentation
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
PRESENTATION (ID # 6004) DOC ID: 6004
Center for Social Justice - Juneteenth
2 Packet Pg. 8
City Council of the City of El Centro Meeting: 06/06/23 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Presentation
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
PRESENTATION (ID # 6003) DOC ID: 6003
Imperial Valley LGBT Resource Center - For Pride Month
3 Packet Pg. 9
City Council of the City of El Centro Meeting: 06/06/23 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Change Order
Prepared By: Felix De Leon
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 5996) DOC ID: 5996
Contract Change Order #3 - Dogwood Road Improvements at Wake Ave. & Danenberg Dr.

CITY MANAGER’S RECOMMENDATION:

Approve the execution of contract change order 3 for the Dogwood Road Improvements at Wake Ave. & Danenberg Dr. project in the amount of $510,203.62 FISCAL IMPACT:

No impact to the General Fund. This project is funded by road fair shares account, street impact fees and LTA for the Speed Hump item of the project.

Funding approved by council on November 1, 2022
Road Fair Shares Account $ 868,671.00
Speed Hump Account (205-3271-710106) $ 13,000.00
Street ImpactFees $360,185.60
Street Impact Fees (10% Contingency) $124,185.00
Original Total $1,366,041.60
Contract Change Order #3 will increase contract price $510,203.62. Staff requests the increase in contract price to be supplemented by the Street impact fees account.

Request
Road Fair Shares Account (408-3246-710106) $868,671.00
Speed Hump Account (205-3271-710106) $ 13,000.00
Street ImpactFees (234-3246-710106) $870,389.22
Street Impact Fees (234-3246-710106) (10% Contingency) $124,185.00 Request Total $1,876,245.22
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #2 - Environmental Sustainability & Infrastructure Action 2.8: Ensure that infrastructure is thoughtfully designed and maintained to meet the current and future needs of the community while minimizing negative financial impacts.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

N/A, contractor is currently under contract and construction is on-going.

BACKGROUND:

On November 1, 2022, City Council awarded the Dogwood Road Improvements at Wake Ave. & Danenberg Dr. project contract to Pyramid Construction and Aggregates Inc. and authorized the budget as presented in the Fiscal Impact section of this report.

On January 11, 2023 Pyramid Construction and Aggregates Inc. was issued a Notice to 4 Packet Pg. 10
Action Item (ID # 5996) Meeting of June 6, 2023
Proceed.

On January 27, 2023 Pyramid Construction and Aggregates Inc. Began construction activities.

Currently the project is on-going.

DISCUSSION:

Staff requested a cost proposal from Pyramid Construction & Aggregates Inc. to install an 18" Storm Drain Pipe along the west side of Dogwood Ave. North of Danenberg Dr. due to the current project including storm drain improvements in the area. The 18" Storm Drain Pipe will provide adequate drainage for future development in the area.

Staff has reviewed the cost proposal and finds adding the additional scope to the project cost effective compared to prior similar projects.

CONCLUSION:

Approve the execution of contract change order 3 for the Dogwood Road Improvements at Wake Ave. & Danenberg Dr. project in the amount of $510,203.62 ATTACHMENTS:
• Contract Change Order No. 3 (PDF)
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Attachment: Contract Change Order No. 3 (5996 : Contract Change Order #3 - Dogwood Road Improvements at Wake Ave. & Danenberg Dr.)

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Attachment: Contract Change Order No. 3 (5996 : Contract Change Order #3 - Dogwood Road Improvements at Wake Ave. & Danenberg Dr.)

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Attachment: Contract Change Order No. 3 (5996 : Contract Change Order #3 - Dogwood Road Improvements at Wake Ave. & Danenberg Dr.)

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Attachment: Contract Change Order No. 3 (5996 : Contract Change Order #3 - Dogwood Road

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Attachment: Contract Change Order No. 3 (5996 : Contract Change Order #3 - Dogwood Road City Council of the City of El Centro Meeting: 06/06/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Authorization
Prepared By: Karla Chaparro
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 6002) DOC ID: 6002
Approval of Transportation Development Act Program -
Claims
CITY MANAGER’S RECOMMENDATION:

Authorize the filing of the fiscal year 2022-2023 claims with Imperial County Transportation Commission (ICTC) for Public Transportation pursuant to:

1. Article 8(e) of the Public Utilities code for bus benches/shelter in the amount of $19,029, 7TH/State Street bus terminal in the amount of $45,000, and for the regional maintenance and upkeep for benches/shelter in the amount of $25,000 for a grand total of $89,029.

2. Article 3 of the Public Utilities code for bicycle and pedestrian facilities in the amount of $37,655.

FISCAL IMPACT:

Receipt of Budgeted Revenue.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #1 Financial & Governance Stability & Sustainability DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

N/A
DISCUSSION:

The claims represent the City’s allocation of Transportation Development Act (TDA) Funds for Article 8(e) and Article (3) programs.

CONCLUSION:

Authorize filing of the claims to ICTC.
5 Packet Pg. 17
City Council of the City of El Centro Meeting: 06/06/23 11:30 AM 1275 Main Street Department: City Manager's Office
El Centro, CA 92243 Category: Donation
Prepared By: Norma Wyles
SCHEDULED Department Head: Cedric Cesena
ACTION ITEM (ID # 5985) DOC ID: 5985
Adopt Resolution No. 23- , RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA,

AUTHORIZING THE DONATION OF KEYBOARDS AND MICE

TO THE EL CENTRO ELEMENTARY SCHOOL DISTRICT
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO, CALIFORNIA, AUTHORIZING THE DONATION OF KEYBOARDS

AND MICE TO THE EL CENTRO ELEMENTARY SCHOOL DISTRICT
FISCAL IMPACT:

N/A
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #4 - Recreation and Lifelong Learning
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

N/A
BACKGROUND:

All of these items are surplus and no longer needed. The costs associated with repairs, scrapping, or selling would have a negative impact with short term gain. Donating this equipment to a neighboring agency will allow us to avoid any costs.

DISCUSSION:

The items listed would better serve the students of El Centro Elementary School District. The equipment being donated is excess equipment is not being used by the City.

CONCLUSION:

Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO AUTHORIZING A DONATION OF KEYBOARDS AND MICE TO THE EL CENTRO ELEMENTARY SCHOOL DISTRICT.

ATTACHMENTS:
• RESOLUTION FOR DONATION KEYBOARDS (DOCX)
• Exhibit A - List of Donation Items (DOCX)
6 Packet Pg. 18
04/2023/cdz/A23-0077/Reso/Donation of Keyboards
MiceECESD
RESOLUTION NO. 23-

RESOLUTION OFTHECITY COUNCIL OFTHECITY OFELCENTRO

AUTHORIZING A DONATION OF KEYBOARDS AND MICE TO THE

EL CENTRO ELEMENTARY SCHOOL DISTRICT
WHEREAS, El Centro Municipal Code Section 2-182 sets out the provisions for the donation of personal property of the City; and
WHEREAS, when the value of the donation is under $50,000; and WHEREAS, the Department Head may request that such personal property be donated to another governmental organization when that property is of no further use to the City; and WHEREAS, the Interim City Manager, at the request of the IT Department, has identified 65 wireless keyboards with accompany mice, as well as 40 wired keyboards with 35 wired mice, all as set out in Exhibit “A”, attached and incorporated, are no longer of use to any department of the City, and which he recommends be donated to the El Centro Elementary School District; and WHEREAS, the City Council of the City of El Centro, California finds that the donation of the keyboards and mice described in Exhibit "A" has been held by the Information Technology Division for at least four (4) to less than one (1) year and will not be sold at public auction by the City of El Centro ("the City"); and
WHEREAS, the personal property listed on Exhibit, may be donated as surplus property of the City of El Centro, Information Technology Division; and
WHEREAS, the City Council finds that the donation of the keyboards and mice be donated to the El Centro Elementary School District will be in the best interest of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That the foregoing is true, correct and adopted.

2. That the Information Technology Division is authorized to donate the personal property listed on Exhibit A (sixty-five (65) wireless keyboards and mice, forty (40) wired keyboards, and thirty-five (35) wired mice) as surplus property of the City of El Centro, Information Technology Division to the El Centro Elementary School District,

3. That the City Manager is authorized to take any and all necessary action to carry out the donation.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2023.

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Attachment: RESOLUTION FOR DONATION KEYBOARDS (5985 : Donation of Equipment to El Centro Elementary School District) 04/2023/cdz/A23-0077/Reso/Donation of Keyboards
MiceECESD

CITY OF EL CENTRO
By___________________________
Martha Cardenas-Singh, Mayor
ATTEST:

By
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 23- , was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023, by the following vote:

AYES:

NOES:

ABS ENT:

ABSTAINED:

By _________________________
Norma Wyles, City Clerk

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Attachment: RESOLUTION FOR DONATION KEYBOARDS (5985 : Donation of Equipment to El Centro Elementary School District)

EXHIBIT A
Information Technology Donation of Surplus Property
65 – Wireless Keyboards and Mice
40 – Keyboards – wired
35 – Mice – wired

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Attachment: Exhibit A - List of Donation Items (5985 : Donation of Equipment to El Centro Elementary School District) City Council of the City of El Centro Meeting: 06/06/23 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Resolution
Prepared By: Elizabeth Zarate
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 5959) DOC ID: 5959
Adopt Resolution No. 23- , A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF EL CENTRO DECLARING

CONTINUING WATER SHORTAGE AND MOVING FROM
STAGE 2 TO STAGE 1 OF THE CITY'S WATER SHORTAGE

CONTINGENCY PLAN
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 23- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO DECLARING CONTINUING WATER SHORTAGE AND MOVING FROM STAGE 2 TO STAGE 1 OF THE CITY'S WATER SHORTAGE CONTINGENCY PLAN
FISCAL IMPACT:

No impact to the General Fund.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #2 Environmental Sustainability & Infrastructure
This resolution is in response to the easing of California drought requirements due to the current snow pack and rains.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

NA
BACKGROUND:

In 2021, the City Council adopted the City of El Centro Urban Water Management Plan, including the Water Shortage Contingency Plan (WSCP).

In May 2022, the State Water Board approved an emergency regulating requiring water suppliers to implement State 2 of the municipal's Water Shortage Contingency Plan.

The City Council adopted Resolution No. 22-73, which implemented Stage 2 of the City’s WSCP.

DISCUSSION:

On March 24, 2023, Governor Gavin Newsom issued Executive Order N-5-23 which declares the improved drought conditions and increased water supply throughout its districts in the State of California. The City resolution proposes reducing from Stage 2 to Stage 1 of the City’s WSCP effective immediately. Stage 1 components are limited to 7 Packet Pg. 22
Action Item (ID # 5959) Meeting of June 6, 2023
common sense water use restrictions such as:

1. No water runoff allowed;

2. Hoses must have shut-off nozzle;

3. No washing of driveways, parking lots, and sidewalks;

4. No fountains without water recirculation
It also includes other components listed in the City’s Water Shortage Contingency Plan.

Stage 1 does not implement watering days or requires a set percent reduction in water.

CONCLUSION:

Adopt Resolution No. 23- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO DECLARING CONTINUING WATER SHORTAGE AND MOVING FROM STAGE 2 TO STAGE 1 OF THE CITY'S WATER SHORTAGE CONTINGENCY PLAN
ATTACHMENTS:
• Resolution Final (PDF)
• Exhibit A - Exec Order N-5-23 (PDF)
7 Packet Pg. 23
05/03/2023/cdz/A23-0083/Reso/WaterShortage
DeclarationContingencyPlanStage1
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO DECLARING CONTINUING WATER SHORTAGE
AND MOVING FROM STAGE 2 TO STAGE 1 OF THE CITY’S

WATER SHORTAGE CONTINGENCY PLAN
WHEREAS, the City of El Centro is an urban water supplier and adopted the 2020 Urban Water Management Plan (“UWMP”) and the Water Shortage Contingency Plan (“WSCP”) through Resolution No. 21-57; and
WHEREAS, on March 28, 2022, Governor Newsom signed Executive Order N-7-22 directing the State Water Resources Control Board (“State Water Board”) to consider adopting emergency regulations to increase water conservation and requesting that the Board require urban water suppliers to implement Level 2 of their water shortage contingency plans or the equivalent; and
WHEREAS, Level 2 conservation requires a 20% reduction on water consumption and a ban on the irrigation of nonfunctional turf by entities in the commercial, industrial, and institutional sectors; and
WHEREAS, on May 24, 2022, the State Water Board adopted an Emergency Conservation Regulation adopting California Code of Regulations, title 23, section 996 (“Water Board Emergency Regulation”) requiring urban water suppliers such as the City to implement Level 2 (City Stage 2) of their water shortage contingency plans, and to establish a ban on the irrigation of nonfunctional turf by entities in the commercial, industrial, and institutional sectors; and WHEREAS, on July 7, 2022, the City Council adopted Resolution No. 22-73 declaring a water shortage and moving from Stage 1 to Stage 2 of the City’s Water Shortage Contingency Plan; and
WHEREAS, on March 24, 2023, Governor Newsom signed Executive Order N-5-23 (Exhibit A) which find that based upon an unusually wet winter, Level 2 conservation measures can be suspended; and
WHEREAS, upon the recommendation of the Public Works Director, as the head of the Water Department, the City Council may now declare that the City, as an urban water supplier, will revert to the Level 1/ Stage 1 water restrictions which end the ban on outdoor watering; and WHEREAS, Stage 1 conservation measures include no water runoff allowed; hoses must have shut-off nozzle; no washing of driveways, parking lots, and sidewalks; and no fountains without water recirculation; and
WHEREAS, this action is exempt from CEQA as an emergency regulation.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:

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Attachment: Resolution Final (5959 : Resolution Continuing Water Shortage & Moving from Stage 2 to Stage 1) 05/03/2023/cdz/A23-0083/Reso/WaterShortage
DeclarationContingencyPlanStage1

1. That the foregoing is true, correct and adopted.

2. That due to the improved water supply conditions resulting from last winter’s precipitation in certain areas of the State, and the State Board’s removal of mandated pre-determined percentage reductions in water usage, (a) it is no longer necessary to implement Stage 2 of the City’s Water Shortage Contingency Plan, and (b) the City is moving to Stage 1 of the City’s Water Shortage Contingency Plan, as further described in Section 28-53 of the City Code.

3. That the City Council hereby declares that a water shortage continues to exist based on the on-going state-wide drought conditions and that Stage 1 conservation measures remain in effect.

4. That this Resolution rescinds and supersedes Resolution No. 22-73.

5. That this Resolution shall be effective upon its adoption, and shall remain in effect until rescinded or otherwise modified by subsequent resolution of the City Council.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2023.

CITY OF EL CENTRO
By __________________________
Martha Cardenas-Singh, Mayor
ATTEST:

By ____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By _____________________________
Elizabeth L. Martyn, City Attorney

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Attachment: Resolution Final (5959 : Resolution Continuing Water Shortage & Moving from Stage 2 to Stage 1) 05/03/2023/cdz/A23-0083/Reso/WaterShortage
DeclarationContingencyPlanStage1

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 23- was duly and regularly adopted a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By ___________________________
Norma Wyles, City Clerk

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Attachment: Resolution Final (5959 : Resolution Continuing Water Shortage & Moving from Stage 2 to Stage 1)

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-5-23
WHEREAS on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS the multi-year nature of the current drought, which began three years after the record-setting drought of 2012-2016, continues to have significant, immediate impacts on communities across California with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the March 3, 2023, snow survey conducted by the Department of Water Resources and partner agencies found that most regions of the Sierra Nevada are above average for snow water content, and some regions are nearing record amounts of snow, and snow and rain has fallen across many regions of the state since then, with more precipitation forecasted; and WHEREAS improved conditions have helped rehabilitate surface water supplies, but have not abated the severe drought conditions that remain in some parts of the State, including the Klamath River basin and the Colorado River basin, and many groundwater basins throughout the State remain depleted from overreliance and successive multi-year droughts; and WHEREAS continued action by the State is needed to address ongoing consequences of the drought emergency, including groundwater supply shortages, domestic well failures, and drought-related harm to native fishes in the Klamath River and Clear Lake watersheds; and
WHEREAS the drought emergency has required a dynamic and flexible response from the State, and several provisions in my prior Proclamations and Orders have been terminated or superseded already, specifically Paragraphs 4 and 8 of my State of Emergency Proclamation dated April 21, 202 l, Paragraphs 2, 4, and 7 of my State of Emergency Proclamation dated May 10, 2021, Paragraphs 3, 4, 5, 6, and 10 of my State of Emergency Proclamation dated July 8, 2021, and Paragraph 9 of Executive Order N-7-22; and WHEREAS improved conditions warrant an even more targeted State response to the ongoing drought emergency and certain provisions in my State of Emergency Proclamations dated April 21, 202 l, May 10, 2021, July 8, 2021, and October 19, 2021, and in Executive Orders N-10-21, N-7-22, and N-3-23 provide authority that is no longer needed to mitigate the effects of the drought conditions or direct actions by state agencies, departments, and boards that have already been completed; and
WHEREAS notwithstanding the rescission of certain emergency authorities for emergency drinking water action, state agencies have existing legal authority and funding to continue expedited work to advance the human right to water, and state agencies will continue all ongoing drought resilience planning work, including through coordination with local agencies and tribes; and

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Attachment: Exhibit A - Exec Order N-5-23 (5959 : Resolution Continuing Water Shortage & Moving from Stage 2 to Stage 1) WHEREAS next winter's hydrology is uncertain and the most efficient way to preserve the State's improved surface water supplies is for Californians to continue their ongoing efforts to make conservation a way of life; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:
l . The orders and provisions contained in my State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and Executive Orders N-7-22 (March 28, 2022), N-3- 23 (February 13, 2023), and N-4-23 (March l 0, 2023), remain in full force and effect, except as modified by those Proclamations and Orders and herein. State agencies shall continue to implement all directions from those Proclamations and Orders and accelerate implementation where feasible.

2. The following provisions of my State of Emergency Proclamation dated April 21, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 5-7; and
c. Paragraphs 9-14.

3. The following provisions of my State of Emergency Proclamation dated May l 0, 2021, are terminated:
a. Paragraph 1;
b. Paragraph 3;
c. Paragraph 5; and
d. Paragraphs 9-10.

4. The following provisions of my State of Emergency Proclamation dated July 8, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 7-8, except those portions of paragraph 7 withdrawing provisions of prior orders;
c. Paragraphs 11-12.

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Attachment: Exhibit A - Exec Order N-5-23 (5959 : Resolution Continuing Water Shortage & Moving from Stage 2 to Stage 1)

5. The following provisions of my State of Emergency Proclamation dated October 19, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 4-5;
c. Paragraph 8; and
d. Paragraph 10.

6. The following provisions of Executive Order N-10-21 are terminated:
a. Paragraph 1; and
b. Paragraph 3

7. The following provisions of Executive Order N-7-22 are terminated:
a. Paragraphs 1-3;
b. Paragraph 6; and
c. Paragraphs 14-15.

8. The following provisions of Executive Order N-3-23 are terminated:
a. Paragraph 1; and
b. Paragraph 3, except those portions of the paragraph
withdrawing provisions of prior orders.

9. Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, and Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021, are withdrawn and replaced with the following text:

To ensure critical instream flows for species protection in the Klamath River and Clear Lake watersheds, the State Water Resources Control Board (Water Board) and Department of Fish and Wildlife shall evaluate the minimum instream flows and other actions needed to protect salmon, steelhead, the Clear Lake Hitch, and other native fishes in critical streams systems in these watersheds and work with water users, tribes, and other parties on voluntary measures to implement those actions. To the extent voluntary actions are not sufficient, the Water Board, in coordination with the Department of Fish and Wildlife, shall consider emergency regulations to establish minimum instream flows to mitigate the effects of the drought conditions. For purposes of state agencies carrying out or approving any actions contemplated by this paragraph, Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are suspended. Nothing in this Paragraph affects or limits the validity of actions already taken in the Klamath and Clear Lake watersheds or ongoing under Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, or Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021 .

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

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Attachment: Exhibit A - Exec Order N-5-23 (5959 : Resolution Continuing Water Shortage & Moving from Stage 2 to Stage 1) This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 24th
day of March 2023.
overnor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State

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Attachment: Exhibit A - Exec Order N-5-23 (5959 : Resolution Continuing Water Shortage & Moving from Stage 2 to Stage 1) City Council of the City of El Centro Meeting: 06/06/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Public Hearing
Prepared By: Karla Chaparro
TABLED Department Head: Karla Chaparro
RESOLUTION (ID # 5978) DOC ID: 5978
Public hearing for the purpose of approving the Engineer's Report regarding Legacy Ranch Landscaping and Lighting
District and authorizing the levy and collection of
assessments related thereto commencing in fiscal year
2023/2024
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No 23- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO APPROVING THE ENGINEER'S REPORT REGARDING LEGACY

RANCH LANDSCAPING AND LIGHTING DISTRICT AND AUTHORIZING THE LEVY

AND COLLECTION OF ASSESSMENTS RELATED THERETO COMMENCING IN FISCAL YEAR 2023/2024
FISCAL IMPACT:

The City will receive approximately $65,036 to maintain the Landscaping and Lighting needs of the District.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #1 Financial & Governance Stability & Sustainability DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

N/A
BACKGROUND:

N/A
DISCUSSION:

On an annual basis the Legacy Ranch Landscaping and Lighting District determines the levy and collection of assessments needed for the coming year. This is based on an Engineer's Report for the District. The City is currently maintaining the improvements in the District.

CONCLUSION:

Adopt Resolution No 23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO APPROVING THE ENGINEER'S REPORT REGARDING LEGACY

RANCH LANDSCAPING AND LIGHTING DISTRICT AND AUTHORIZING THE LEVY

AND COLLECTION OF ASSESSMENTS RELATED THERETO COMMENCING IN FISCAL YEAR 2023/2024
HISTORY:
05/16/23 City Council DEFERRED
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Resolution (ID # 5978) Meeting of June 6, 2023
ATTACHMENTS:
• 2023-2024 Resolution Approving the Engineer's Report - Legacy Ranch - Public Hearing - May 16, 2023.pdf (PDF) • 2023-2024 Engineer's Report - Legacy Ranch LLD (PDF)
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04/2023/cdz/A23-0080/Reso/ApprovingEngineersReport
LegacyRanchLLDFY23-24 1
RESOLUTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO APPROVING THE ENGINEER’S REPORT

REGARDING LEGACY RANCH LANDSCAPING AND
LIGHTING DISTRICT; AND AUTHORIZING THE LEVY AND

COLLECTION OF ASSESSMENTS RELATED THERETO
COMMENCING IN FISCAL YEAR 2023-2024
WHEREAS, the City Council of the City of El Centro, California (hereinafter referred to as “City Council”) did by previous Resolution order the Engineer to prepare and file a report in connection with Legacy Ranch Landscaping and Lighting District (hereafter referred to as the “District”) and the proposed levy and collection of assessments related thereto for the fiscal year commencing July 1, 2023 and ending June 30, 2024, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”) and the provisions of the California Constitution Article XIIID; and
WHEREAS, the City Council did by previous resolutions initiate proceedings and declare its intention to levy and collect the annual assessments for the District for the purpose of operating, maintaining and servicing the improvements related thereto, pursuant to the Act; and WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of El Centro a report prepared in accordance with Article 4 of Chapter 1 and of the Act and the City Clerk has presented to the City Council such report entitled “Engineer’s Report for the Legacy Ranch Landscaping and Lighting District, Fiscal Year 2023-2024” (hereafter referred to as the “Report”) as prescribed by Chapter 3, Section 22623 of Act; and WHEREAS, the City Council has carefully examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and finds that the levy of assessments has been spread in accordance with the special benefits to be received from the improvements, operation, maintenance and services to be performed, as set forth in said Report; and
WHEREAS, the City Council now desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2023 and ending June 30, 2024 to pay the costs and expenses of operating, maintaining and servicing landscaping and street lighting improvements and appurtenant facilities located within the District, and for which assessed properties receive special benefit; and
WHEREAS, the City Council following notice duly given, has held a duly noticed, full and fair Public Hearing on May 16, 2023, regarding the District, the Engineer’s Report prepared in connection therewith, and considered any oral and written statements, protests and communications made or filed by interested persons regarding these matters, pursuant to the Act.

NOW, THEREFORE, the City Council of the City of El Centro, California, does hereby resolve as follows:

1. That the preceding recitals are true and correct.

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LegacyRanchLLDFY23-24 2

2. That the Report is hereby approved (as submitted or amended by direction of this City Council) and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

3. The City Council hereby finds and determines that:
i) the land within the District will receive special benefit by the operation, maintenance and servicing of improvements, located within the boundaries of the District; and
ii) the District includes all of the lands so specifically benefited; and iii) the net amount to be assessed upon the lands within the District in accordance with the fee for the fiscal year commencing July 1, 2023, and ending June 30, 2024, is apportioned by a formula and method which fairly distributes the net amount among the eligible parcels in proportion to the estimated special benefits to be received by each parcel from the improvements and services.

4. The maintenance, operation and servicing of the improvements and appurtenant facilities shall be performed pursuant to the Act.

5. The City Council hereby orders the proposed improvements to be made, which include but are not limited to: all landscaping material and facilities within the District. These improvements include by way of example turf, ground cover, shrubs, trees, plants, irrigation and drainage systems, ornamental lighting structures, masonry walls or other fencing, entryway monuments, and associated appurtenant facilities located within the streetscape (and perimeter landscaping) surrounding the developments.

6. The street lighting improvements may include but are not limited to electrical energy, lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities associated with public street lighting within the residential subdivisions; and public street lighting, traffic signals and other public lighting facilities on the streets surrounding or adjacent to the developments and other public areas associated or necessary for development of properties within the District.

7. The City Clerk, or her designee, is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution pursuant to the Act.

8. That the County Auditor for the County of Imperial shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected.

After collection by the County, the net amount of the levy shall be paid to the City Treasurer.

9. The City Treasurer shall deposit the money representing assessments collected by the County for the District and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in this Resolution.

10. The adoption of this Resolution is effective immediately and constitutes the District’s levy for the fiscal year commencing July 1, 2023, and ending June 30, 2024.

11. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2023.

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Attachment: 2023-2024 Resolution Approving the Engineer's Report - Legacy Ranch - Public Hearing - May 16, 2023.pdf (5978 : Approve the 04/2023/cdz/A23-0080/Reso/ApprovingEngineersReport
LegacyRanchLLDFY23-24 3

CITY OF EL CENTRO
By___________________________
Martha Cardenas-Singh, Mayor
ATTEST:

By_____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By______________________________
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 23 - was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By___________________________
Norma Wyles, City Clerk

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Attachment: 2023-2024 Resolution Approving the Engineer's Report - Legacy Ranch - Public Hearing - May 16, 2023.pdf (5978 : Approve the

City of El Centro
Legacy Ranch
Landscape and Lighting District
2023/2024 ENGINEER’S REPORT
Intent Meeting: April 18, 2023
Public Hearing: May 16, 2023
27368 Via Industria, Suite 200
Temecula, California 92590
T. 951.587.3500 800.755.6864
F. 951.587.3510 888.326.6864
www.willdan.com

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Attachment: 2023-2024 Engineer's Report - Legacy Ranch LLD (5978 : Approve the Engineer's Report regarding Legacy Ranch L&LD and the

ENGINEER'S REPORT AFFIDAVIT
Legacy Ranch Landscaping and Lighting District
Th� D��tr��t ��d�� th� �ar�� a�d ��th�� th� r��d��t�a� a�d ��r��a� ��d�� a�
Legacy Ranch
City of El Centro,
County of Imperial, State of California
Th�� R��rt �d��t�� th� �ar�� th�� a�y Ra��h �a�d��a�� a�d ��ht�� D��tr��t a�d r��a�t �� th�r�� d�� th� ��r��t��d��t��ar�� a�d a��t� t� �� d ��r ��a�y�ar ��a� th�y ��t�d at th� t�� th� �a��a�� th� R��t�� t��t�� R��r�� h�r��y �ad� t� th� ��r�a� County Assessor’s maps for a detailed description of the lines and dimensions of �ar��th�� th�D��tr��t� Th� ��d�r��d r��t��y ��t� th��d R��rt a� d�r��t�d �y th� ��ty ��
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�� ha�� th� ��ty �� tr�
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Attachment: 2023-2024 Engineer's Report - Legacy Ranch LLD (5978 : Approve the Engineer's Report regarding Legacy Ranch L&LD and the 18th May

PRELIMINARY APPROVAL
This Engineer’s Report and the proposed assessments described herein have been preliminarily approved by the City Council of the City of El Centro on this ______ day of ____________, 2023.
_________________________________
Norma Wyles, CMC
City Clerk
City of El Centro

FINAL APPROVAL
This Engineer’s Report, the improvements and assessments described herein were approved and adopted by the City Council of the City of El Centro on this ______ day of ___________, 2023.
________________________________
Norma Wyles, CMC
City Clerk
City of El Centro

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Attachment: 2023-2024 Engineer's Report - Legacy Ranch LLD (5978 : Approve the Engineer's Report regarding Legacy Ranch L&LD and the

TABLE OF CONTENTS
I. EXECUTIVE SUMMARY1
A. INTRODUCTION 1
II. PLANS AND SPECIFICATIONS2
A. DESCRIPTION OF THE DISTRICT 2
B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 2
C. DESCRIPTION OF IMPROVEMENTS AND SERVICES 3
III. METHOD OF APPORTIONMENT6
A. GENERAL 6
B. PROPOSITION 218 BENEFIT ANALYSIS 6
C
. SPECIAL BENEFIT ANALYSIS 7
D. ASSESSMENT METHODOLOGY 9
E
. ASSESSMENT RANGE FORMULA 12
IV. DISTRICT BUDGET1
3 A. DESCRIPTION OF BUDGET ITEMS 13
B. PROPOSED BUDGET FISCAL YEAR 2023/2024 17
C. HISTORICAL RATES 18
V.DISTRICT DIAGRAM1
9 VI. 2023/2024 ASSESSMENT ROLL 20

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I. EXECUTIVE SUMMARY
A. INTRODUCTION
The City of El Centro (“City”) created the Legacy Ranch Landscaping and Lighting District (“District”) in order to provide for the ongoing maintenance, operation and servicing of park, certain perimeter landscaping, off-site landscaping improvements, and street lighting improvements installed in connection with development of properties within the District. This District provides the financial mechanism (annual assessments) by which the ongoing operation and maintenance of these improvements are funded. The District was formed in 2007 and annual assessments are levied pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”) and in compliance with the substantive and procedural requirements of the “California State Constitution” Article XIIID (“Article XIIID”).

This Engineer’s Annual Levy Report (“Report”) describes the District and the proposed assessments for Fiscal Year 2023/2024. The annual budget for the maintenance and operation of the improvements is based on estimated expenses for the upcoming Fiscal Year. Parcels within the District are assessed proportionately for only those improvements and services that are a special benefit.

The District, boundaries, improvements and services, method of apportionment and assessments described in this Report are based on current development and improvement plans including direct expenditures, incidental expenses, and reserves associated with the maintenance and servicing of the improvements.

These detailed plans and specifications approved by the City are made part of this report by reference.

The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessment Number by the Imperial County Assessor’s Office.

The Imperial County Auditor/Controller uses Assessment Numbers and specific Fund Numbers to identify properties assessed on the tax roll for special district benefit assessments.

Following consideration of public comments and written protests at a noticed Public Hearing, the City Council may confirm the Report as submitted or amended and order the levy and collection of assessments for Fiscal Year 2023/2024 pursuant to the 1972 Act. The assessment information approved will be submitted to the County Auditor/Controller and included on the property tax roll for each benefiting parcel. The rates will be calculated during Fiscal Year 2022/2023 for Fiscal Year 2023/2024, and as approved will be submitted to the

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Imperial County Auditor/Controller to be included on the property tax roll for each parcel for Fiscal Year 2023/2024.

II. PLANS AND SPECIFICATIONS
A. DESCRIPTION OF THE DISTRICT
The District consists of all lots, parcels and subdivisions of land located in the development area described below:
 Legacy Ranch. The District encompasses an area of land of approximately thirty-seven acres (37 acres) in size. It is bordered on the east side by Farnsworth Road and on the west side by Third Street and is located between W. Dannenberg Road to the north and W. McCabe Road to the south. The location and borders of the District can be seen in section V of this Report.

The District includes:
 143 single-family residential lots, and
 A 1.5-acre community park which is located wholly within the residential subdivision of the District and is to be dedicated to the City. The park is adjacent to and south of Charles Elmore Drive and is surrounded by residential lots of the District on its three other sides.

B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this District, the 1972 Act defines improvements to mean one or any combination of the following:
 The installation or planting of landscaping.
 The installation or construction of statuary, fountains, and other ornamental structures and facilities.
 The installation or construction of public lighting facilities.  The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
 The maintenance or servicing, or both, of any of the foregoing.

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 The acquisition of any existing improvement otherwise authorized pursuant to this section.

Incidental expenses associated with the improvements including, but not limited to:
 The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
 The costs of printing, advertising, and the publishing, posting and mailing of notices;
 Compensation payable to the County for collection of assessments;  Compensation of any engineer or attorney employed to render services;  Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
 Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
 Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "Maintain" or "Maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
 Repair, removal, or replacement of all or any part of any improvement.  Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
 The removal of trimmings, rubbish, debris, and other solid waste.  The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

C. DESCRIPTION OF IMPROVEMENTS AND SERVICES
The purpose of this District is to ensure the ongoing maintenance, operation and servicing of park, landscaping, and lighting improvements established or installed in connection with development of properties within the District. The improvements to be maintained and funded through the District assessments are generally described as:

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Park Maintenance
 Park landscaping including trees, vegetation, irrigation systems and hardscape improvements located within the park which is to be dedicated to the City for maintenance;
 Grass field for open play;
 Playground equipment including a tot lot with a shade structure;  Pavilion for picnic area;
 Covered picnic area with picnic tables;
 Masonry including a park monument and a flagpole;
 Furnishings including a water fountain, benches and trash receptacles;  Security lighting throughout the park;
 Approximately 49,000 square feet of turf grass including a grass field of approximately 35,000 square feet inside of the park walk and 15,000 square feet outside of the park walk for open play;
 Trees of assorted varieties of approximately 24” box size;  Ornamental shrubs of approximately 5-gallon size;
 Ornamental vines of approximately 5-gallon size;
 Meandering concrete park walks along the perimeter of the park including concrete under pavilions, benches and memorial plaza;
 Concrete mow curbs;
 A tot lot with a shade structure and playground equipment;  A covered picnic area including picnic tables;
 A memorial park monument sign with a plaque on the north side of the park; and a flagpole;
 Water fountains;
 Park benches; and
 Trash receptacles; and
 All appurtenant facilities, equipment, materials and utilities related to the aforementioned improvements.

All parcels within the District are served by the park and can utilize the open entrance areas from Charles Elmore Drive.

Landscape Improvements
The landscaping improvements may include, but are not limited to, all landscaping material and facilities that benefit the properties within the District.

These improvements include turf, ground cover, shrubs, trees, plants, irrigation

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and drainage systems, ornamental lighting structures, entryway monuments, and associated appurtenant facilities located within the street right-of-ways and public areas including streetscape areas surrounding the development and at an off-site improvements location (retention basin) on the northeast corner of the Countryside North development. The following is a description of the landscape improvements:
 Perimeter landscape improvements along Farnsworth Lane frontage, consisting of trees no less than 24” box in size; planting areas of assorted shrubs, vines and groundcover of approximately 12,000 square feet, and turf of approximately 48,000 square feet. These improvements include those associated with landscaping for an Imperial Irrigation District easement located alongside Farnsworth Lane, on the eastern boundary of the development.
 Perimeter landscape improvements along Third Street frontage, consisting of trees no less than 24” box in size; planting areas of assorted shrubs, vines and groundcover of approximately 12,000 square feet; and turf of approximately 4,000 square feet.
 Perimeter landscape improvements along Valor Lane close to the main entry into the development, consisting of trees and planting areas of assorted shrubs, vines and groundcover of approximately 2,000 square feet.
 Off-site landscape maintenance for the 5,600 of retention basin landscaping that the development benefits from includes but is not limited to trash removal, weed clearing and other necessary landscape maintenance within the basin.

Public Street Lighting Improvements
The street lighting improvements may include but are not limited to electrical energy, lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities associated with and located within the street right-of-ways and public areas surrounding the development:
 All public street lighting within the residential subdivision; which includes approximately 30 street-lights, including one close to the northwest corner of the park.
 Security lighting throughout the park.
 Public street lighting, traffic signals and other public lighting facilities on the streets surrounding or adjacent to the development and other public areas associated or necessary for development of properties within the District.

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III. METHOD OF APPORTIONMENT
A. GENERAL
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The formula used for calculating assessments reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.

In addition, pursuant to the Constitution, Article XIIID, Section 4, a parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel and provides that only special benefits may be assessed.

B. PROPOSITION 218 BENEFIT ANALYSIS
In conjunction with the provisions of the 1972 Act, the California Constitution Article XIIID addresses several key criteria for the levy of assessments, notably:

Article XIIID Section 2d defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service”;
Article XIIID Section 2i defines Special Benefit as follows:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.

General enhancement of property value does not constitute “special benefit.” Article XIIID Section 4a defines proportional special benefit assessments as follows:

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“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.” This District was formed to establish and provide for the improvements that enhance the presentation of the surrounding properties and developments.

These improvements will directly benefit the parcels to be assessed within the District. The assessments and method of apportionment is based on the premise that the assessments will be used to construct and install landscape and lighting improvements within the existing Legacy Ranch District as well as provide for the annual maintenance of those improvements, and the assessment revenues generated by District will be used solely for such purposes.

The costs of the improvements have been identified and allocated to properties within the District based on special benefit. The improvements to be provided by this District and for which properties will be assessed have been identified as an essential component and local amenity that provides a direct reflection and extension of the properties within the District which the property owners and residents have expressed a high level of support.

The method of apportionment (method of assessment) set forth in the Report is based on the premise that each assessed property receives special benefits from the landscape and lighting improvements within the District, and the assessment obligation for each parcel reflects that parcel’s proportional special benefits as compared to other properties that receive special benefits.

To identify and determine the proportional special benefit to each parcel within the District, it is necessary to consider the entire scope of the improvements provided as well as the properties that benefit from those improvements. The improvements and the associated costs described in this Report, have been carefully reviewed and have been identified and allocated based on a benefit rationale and calculations that proportionally allocate the net cost of only those improvements determined to be of special benefit to properties within the District.

The various public improvements and the associated costs have been identified as either “general benefit” (not assessed) or “special benefit”.

C. SPECIAL BENEFIT ANALYSIS
Each of the improvements, the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the Constitution and 1972 Act. The improvements associated

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with this District have been identified as necessary, required and/or desired for the orderly development of the properties within the District to their full potential, consistent with the proposed development plans. As such, these improvements would be necessary and required of individual property owners for the development of such properties and the ongoing operation, servicing and maintenance of these improvements would be the financial obligation of those properties. Therefore, the improvements and the annual costs of ensuring the maintenance and operation of the improvements are of direct and special benefit to the properties.

The method of apportionment (method of assessment) is based on the premise that each assessed parcel within the District receives benefit from the improvements. The desirability and security of properties is enhanced by the presence of street lighting and well-maintained landscaping in close proximity to those properties.

The special benefits associated with all landscaping improvements are specifically:
 Enhanced desirability of properties through association with the improvements;
 Improved aesthetic appeal of properties providing a positive representation of the area and properties;
 Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping;
 Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention;
 Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties;
 Enhanced quality of life through well-maintained parks and landscaped areas;
 Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti; and  Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise.

The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods. Specifically:
 Enhanced deterrence of crime and the aid to police protection;  Increased nighttime safety on roads and streets;

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 Improved ability of pedestrians and motorists to see;  Improved ingress and egress to property;
 Reduced vandalism and other criminal act and damage to improvements or property; and
 Improved traffic circulation and reduced nighttime accidents and personal property loss.

The preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District.

Although the improvements include public easements, right-of-ways, streets and other amenities available or visible to the public at large, the construction and installation of these improvements are only necessary for the development of properties within the District and are not required nor necessarily desired by any properties or developments outside the District boundary. Therefore, any public access or use of the improvements by others is incidental and there is no measurable general benefit to properties outside the District or to the public at large.

D. ASSESSMENT METHODOLOGY
The method of apportionment for the District calculates the receipt of special benefit from the respective improvements based on the actual and use of the parcels within the District. The special benefit received by each lot or parcel is equated to the overall land use of the parcel based on the parcel’s actual land use or proposed planned development and is reliant upon the special benefit received from the improvements planned within the District. The development is a Single Family Residential development and it has been determined that all residential parcels benefit equally from the improvements.

Equivalent Benefit Units:

To assess benefits equitably, it is necessary to relate each property’s proportional special benefits to the special benefits of all other properties within the District. The Equivalent Benefit Unit method of assessment apportionment uses the single-family home site as the basic unit of assessment. A single-family home site equals one Equivalent Benefit Unit (EBU). All other land uses are converted to EBUs based on an assessment formula that equates the property’s specific development status, type of development (land use), and size of the property, as compared to a single-family home site.

The EBU method of apportioning special benefits is typically seen as an appropriate and equitable assessment methodology for districts formed under the

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1972 Act, as the benefit to each parcel from the improvements are apportioned as a function of land use type, size and development.

EBU Application by Land Use:

Single-Family Residential: This land use is defined as a fully subdivided residential home site with or without a structure. This land use is assessed 1.0 EBU per lot or parcel. This is the base value that all other land use types are compared and weighted against (i.e. Equivalent Benefit Unit or EBU).

Multi-Family Residential: This land use is defined as a fully subdivided residential parcel that has more than one residential unit developed on the property. This land use is assessed 1.0 EBU per dwelling unit.

Planned-Residential Development: This land use is defined as any property not fully subdivided with a specific number of proposed residential lots or dwelling units to be developed on the parcel. This land use type is assessed at 1.0 EBU per planned (proposed) residential lot or dwelling unit.

Vacant Single-Family Residential: This land use is defined as property currently zoned for single-family detached residential development, but a tentative or final tract map has not been submitted and/or approved. This land use is assessed at 0.5 EBU per parcel.

Vacant Multi-Family Residential: This land use is defined as property currently zoned for multi-family residential development, but a tentative or final tract map has not been submitted and/or approved. This land use is assessed at 0.5 EBU per parcel.

Vacant Commercial: This land use is defined as property currently zoned for commercial use, but not specifically identified as commercial property. This land use is assessed at 1.0 EBU per acre. Parcels less than 1 acre are assigned a minimum of 1.0 EBU. Parcels over 50 acres are assigned a maximum of 50 EBU.

Developed Commercial: This land use is defined as property developed for either commercial or industrial use. This land use type is assessed at 4.0 EBU per gross acre. Parcels less than 0.25 acres are assigned a minimum of 1.0 EBU and there is no maximum acreage cap, as is the case with Vacant Commercial Property.

Recreational or Limited Commercial Use: This land use is defined as property used for recreational or commercial use that is not part of the improvements provided by the District. This land use classification may include, but is not limited to, golf courses, commercial parking lots or commercial properties where less than ten percent of the total acreage has been developed. This land use is assessed at 2.0 EBU per acre. Similar to Commercial properties, there is no

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maximum acreage cap for this land use but parcels less than 0.5 acres are assigned a minimum 1.0 EBU.

Exempt Parcels: This land use identifies properties that are not assessed and are assigned 0.0 EBU. This land use classification may include, but is not limited, to lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and right-of-ways including greenbelts and parkways; utility right-of-ways; common areas, sliver parcels and bifurcated lots or any other property that cannot be developed; park properties and other publicly owned properties that are part of the District improvements or that have little or no improvement value.

These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment.

The following table provides a listing of land use types, land use code designations, the Equivalent Benefit Unit factor applied to that land use type, and the multiplying factor used to calculate each parcel’s individual EBU.

The benefit formula applied to parcels within the District is based on the preceding Equivalent Benefit Unit (EBU) table. Each parcel's EBU correlates the parcel’s special benefit received as compared to all other parcels benefiting from the improvements.

The following formula is used to calculate each parcel’s EBU (proportional benefit).

Land Use Codes and Equivalent Benefit Units
Property Type Land Use
Code
Equivalent
Benefit
Unit
Multiplier
Single-Family Residential SFR 1.0 Lot/Parcel
Multi-Family Residential MFR 1.0 Dwelling Unit
Planned Residential Development PRD 1.0 Planned Residential Lot or Dwelling Unit Vacant Single-Family Residential SFV 0.5 Parcel
Vacant Multi-Family Residential MFV 0.5 Parcel
Vacant Commercial CMV 1.0 Acreage
Developed Commercial COM 4.0 Acreage
Recreational or Limited Commercial Use REC 2.0 Acreage
Exempt XMT 0.0 Parcel
The total number of Equivalent Benefit Units (EBUs) is the sum of all individual EBUs applied to parcels that receive a special benefit from the improvement. An assessment amount per EBU (Rate) for each improvement is established by taking the total cost of the improvement and dividing that amount by the total number of EBUs of all parcels benefiting from the improvement. This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for that improvement.

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Total Balance to Levy / Total EBU = Levy per EBU
Levy per EBU x Parcel EBU = Parcel Levy Amount
The total number of EBUs for the development within the District is 143.

E. ASSESSMENT RANGE FORMULA
Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation).

The purpose of establishing an assessment range formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, balloting of property owners is required pursuant to the Constitution Article XIIID Section 4. The property owner ballots include an Assessment to be approved, as well as the approval of an assessment range formula.

The Maximum Assessment is equal to the initial Assessment approved by property owners adjusted annually by the percentage increase in the local Consumer Price Index (CPI) in the San Diego-Carlsbad area for All Urban Consumers from January to January. For Fiscal Year 2023/2024, the percentage increase of the local CPI is 6.45%.

Beginning in the second fiscal year of the District (Fiscal Year 2008/2009) and each fiscal year thereafter, the Maximum Assessment will be recalculated and a new Maximum Assessment established.

The Maximum Assessment is adjusted annually and is calculated independent of the District’s annual budget and proposed annual assessment. Any proposed annual assessment (rate per EBU) less than or equal to this Maximum Assessment is not considered an increased assessment, even if the proposed assessment is much greater than the assessment applied in the prior fiscal year.

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IV. DISTRICT BUDGET
A. DESCRIPTION OF BUDGET ITEMS
The following is a brief description of the costs associated with the improvements and services funded through the District.

DIRECT COSTS:

Landscaping Maintenance Costs/Labor — Includes all regularly scheduled labor and general maintenance cost including all wages, salaries, benefits and contract services required to properly maintain and ensure the satisfactory condition of all improvements and appurtenant facilities.

Landscaping Supplies— Includes all, materials, supplies, (e.g. pipe, fertilizer, insecticides, fuel, cleaning material etc.), and equipment, (e.g. communication, small tools, rentals, machinery etc.), required to operate, maintain and ensure the satisfactory condition of all improvements and appurtenant facilities.

Utilities — The furnishing of water and electricity required for the operation and maintenance of the improvements and facilities.

Miscellaneous Expenses — This item includes repairs to the improvements and facilities that are not included in the yearly maintenance costs. This may include repair of damaged amenities due to vandalism, storms, etc. Also, included may be planned upgrades or replacements of the improvements and equipment that provide a direct benefit to the District.

ADMINISTRATION COSTS:

District Administration — May include all or a portion of the administrative and professional service costs associated with the coordination of District services and operations including response to public concerns and education and procedures associated with the levy and collection of assessments. This budget item also includes the costs of contracting with professionals to provide administrative, legal or engineering services specific to the District.

County Administration Fee — This is the cost to the District for the County to collect assessments on the property tax bills.

LEVY BREAKDOWN:

Reserve Fund Collection/ (Transfer) — The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve

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Fund. This Reserve Fund provides for the collection of funds to operate the District from the time period of July 1 (beginning of the Fiscal Year) through December 10th or when the County provides the City with the first installment of assessments collected from the property tax bills (typically January or February). Negative amounts shown for this budget item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and also provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.

Capital Improvement Fund Collection/(Transfer) – The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund.

Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual budget will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Contribution) should only occur after the project has been completed and excess funds are being credited back to the District’s regular accounts. The actual fund balances and expenditures for Capital Improvements are clearly identified under the Fund Balance Information section of the Budget.

General Fund Replenishment/(Transfer) — This item represents repayments of amounts that had been temporarily advanced to the District from other revenue sources (usually the General Fund) or represents funds being loaned to the District for the current Fiscal Year that must be repaid by future assessments. Similar to the Reserve Collection/ (Contribution) line item, this item directly impacts the Reserve Fund Balances either positively or negatively.

Repayments are shown as a positive number and represent additional money being collected in the current annual assessment to repay a prior loan. These loans are typically for capital improvement expenditures or unforeseen expenditures incurred in prior years and Reserve Fund monies

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were not sufficient to cover the expenses. To ensure the ongoing operation and maintenance of the improvements, the City may advance funds to the District as a temporary loan to meet current expenditures and collect repayment of the loan through the annual assessments the following year or possibly over several years. Generally, all available Reserve Funds are exhausted before a temporary loan is advanced to the District and the Beginning Reserve Fund Balance will be a negative number indicating the loan amount is still outstanding. A loan for the current fiscal year (Contribution) is shown as a negative number. If the District is expected to incur significant expenditures in the current fiscal year for special services or capital improvements (upgrades or refurbishing of the improvements) and the proposed assessment revenues (annual assessments) and/or available Reserve Funds are not sufficient to cover the expenditures, the City may advance funds to the District as a temporary loan to meet the proposed expenditures. Generally, all available Reserve Funds must be exhausted before a temporary loan is advanced to the District and any funds temporarily loaned in excess of the available Reserve Funds will be reflected as a negative Ending Reserve Fund Balance. This negative Reserve Fund Balance will be repaid and replenished through future assessment revenues.

Balance to Levy — This is the total amount to be levied and collected through assessments for the current fiscal year. The Balance to Levy represents the sum of Total Direct and Administration Costs, the Reserve Collection/ (Contribution), Replenishment/ (Contribution), and Other Revenue Sources.

DISTRICT STATISTICS:

Total Parcels — The total number of parcels within the District.

Total Parcels Levied — The total number of parcels within the District that are assessed. Non-assessable lots or parcels include properties that have been determined to receive no special benefits from the improvements and may include land principally encumbered by public or other right-of-ways or easements, common areas, and/or parcels that have restricted use or development potential.

Total Equivalent Benefit Units — The typical single-family residential parcel is assigned one (1.0) Equivalent Benefit Unit. Every other land-use or property type is converted to EBU’s based on an assessment formula that equates the property’s specific development status, type of development (land-use), and size of the property, as compared to typical single-family residential parcel.

Levy per EBU — This amount represents the assessment rate being applied to each parcel. The Levy per EBU is the result of dividing the total

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Balance to Levy, by the sum of the Total Equivalent Benefit Units to be assessed.

RESERVE INFORMATION:

Reserve Balance — The Reserve Balance eliminates the need for the City to transfer funds from non-District accounts to pay for District charges during the first half of the fiscal year. The Reserve Balance allows the District to retain sufficient funds to operate the District from the time period of July 1 (beginning of the Fiscal Year) through January or February (when the County provides the City with the first installment of assessments collected from the property tax bills). Additional funds may be collected each year to ensure adequate operating funds are available or the funds may be used to reduce the Balance to Levy. Using reserve amounts in this way allows the Levy rate to remain fairly constant, although District costs may fluctuate. The Previous Reserve Balance reflects the projected funds available at the beginning of the current fiscal year (based on the projected revenues and expenses from the prior fiscal year). The Estimated Ending Reserve Balance reflects the projected funds that are anticipated at the end of the current fiscal year (assuming all revenues and expenditures occur as budgeted).

The budget to establish the proposed maximum assessment and the proposed assessment for fiscal year 2023/2024 is shown on the next page. As shown in the budget, the adjusted Maximum Assessment Rate per EBU is $598.01. For each fiscal year, the actual proposed assessment may be less than the adjusted maximum assessment.

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B. PROPOSED BUDGET FISCAL YEAR 2023/2024
City of El Centro
Legacy Ranch Landscaping and Lighting Assessment
Fiscal Year 2023/2024
Fund Number: 92310
Levy Components Special Benefit Costs

ANNUAL MAINTENANCE (DIRECT COSTS)
Landscaping $27,000
Landscaping Supplies 3,000
Utilities Water 10,000
Utilities Electricity 2,500
Miscellaneous Expenses 3,000
Parks & Recreation Equipment 0
TOTAL LANDSCAPE AND LIGHTING MAINTENANCE $45,500

ADMINISTRATION COSTS
District Administration $3,500
Professional Fees for Administration 4,000
TOTAL ADMIN $7,500
TOTAL COSTS AND EXPENSES $53,000

LEVY ADJUSTMENTS
Reserve Fund Collection/ (Transfer) $12,636
Interest Income Credit (200)
Capital Improvement Fund Collection/(Transfer) 0
General Fund Replenishment/(Transfer) 0
TOTAL ADJUSTMENTS $12,436
BALANCE TO LEVY $65,036

ADDITIONAL INFORMATION
Total Parcels 146
Total Parcels Levied 143
Total Equivalent Benefit Units 143.00
Levy per EBU $454.80
Maximum Assessment per EBU (Prior Fiscal Year) $561.80
Maximum Assessment per EBU (Current Fiscal Year) $598.01 Percent Change 6.45%

RESERVE INFORMATION
Beginning Fund Balance 7/01/2023 $8,607
Collection/(Transfer) 12,636
Estimated Reserve Balance 6/30/2024 $20,843

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C. HISTORICAL RATES
Fiscal Year CPI Applied Rate Max Rate
2007/08 N/A $391.16 $392.00
2008/09 2.29% $400.97 $400.97
2009/10 3.85% $416.42 $416.43
2010/11 0.00% $416.42 $416.43
2011/12 1.32% $416.42 $421.92
2012/13 3.03% $354.55 $434.71
2013/14 1.60% $50.00 $441.68
2014/15 1.31% $50.00 $447.45
2015/16 1.85% $50.00 $455.74
2016/17 1.62% $50.00 $463.12
2017/18 1.97% $50.00 $472.22
2018/19 3.01% $49.83 $486.46
2019/20 2.58% $49.83 $498.99
2020/21 2.30% $173.36 $510.47
2021/22 1.69% $173.26 $519.11
2022/23 8.22% $259.88 $561.80
2023/24 6.45% $454.80 $598.01

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V. DISTRICT DIAGRAM
The Diagram for the Legacy Ranch Landscaping and Lighting District is on file with the City Clerk and by reference herein is made part of this Report. The parcels within the Legacy Ranch Landscaping and Lighting District consist of all lots, parcels and subdivisions of land shown on the Imperial Assessor’s parcel maps. The lines and dimensions shown on the County Assessor Parcel maps for the current year are incorporated by reference herein and made part of this Report.

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VI. 2023/2024 ASSESSMENT ROLL
Parcel identification for each lot or parcel within the District shall be the parcel as shown on the Imperial County Secured Roll for the year in which this Report is prepared and reflective of the Assessor’s Parcel Maps. A listing of the current assessor parcels to be assessed within this District along with the assessment amounts is provided in the Assessment Roll on file at the Office of the City Clerk.

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054-671-001-000 298 ROBERT J PORTER DR SFR 1.00 $598.01 $454.80 054-671-002-000 286 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-671-003-000 274 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-671-004-000 262 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-671-005-000 250 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-671-006-000 238 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-671-007-000 226 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-671-008-000 214 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-671-009-000 202 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-671-010-000 198 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-671-011-000 186 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-671-012-000 174 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-671-013-000 162 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-671-014-000 150 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-671-015-000 138 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-671-016-000 126 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-671-017-000 114 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-671-018-000 102 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-671-019-000 3801 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-671-020-000 3813 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-671-021-000 3827 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-671-022-000 3841 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-671-023-000 3853 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-671-024-000 3865 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-671-025-000 3877 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-671-026-000 3889 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-672-001-000 297 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-672-002-000 285 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-672-003-000 273 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-672-004-000 261 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-672-005-000 249 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-672-006-000 237 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-672-007-000 225 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-672-008-000 213 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-672-009-000 201 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-672-010-000 197 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-672-011-000 185 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-672-012-000 173 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-672-013-000 161 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-672-014-000 149 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-672-015-000 137 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-672-016-000 125 ROBERT J PORTER DR SFR 1.00 598.01 454.80 054-672-017-000 126 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-672-018-000 138 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-672-019-000 150 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-672-020-000 162 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-672-021-000 174 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-672-022-000 186 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-672-023-000 198 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-672-024-000 202 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-672-025-000 214 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-672-026-000 226 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-672-027-000 238 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-672-028-000 250 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-672-029-000 262 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-672-030-000 274 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-672-031-000 286 CHARLES ELMORE DR SFR 1.00 598.01 454.80 City of El Centro
Legacy Ranch Landscaping and Lighting Assessment
Preliminary Assessment Roll
Fiscal Year 2023/24
Willdan Financial Services Page 1 of 3

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Attachment: 2023-2024 Engineer's Report - Legacy Ranch LLD (5978 : Approve the Engineer's Report regarding Legacy Ranch L&LD and the APN Situs Address Land Use EBU Max Assessment Charge
City of El Centro
Legacy Ranch Landscaping and Lighting Assessment
Preliminary Assessment Roll
Fiscal Year 2023/24
054-672-032-000 298 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-673-001-000 297 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-673-002-000 285 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-673-003-000 273 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-673-004-000 261 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-673-005-000 249 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-673-007-000 197 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-673-008-000 185 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-673-009-000 173 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-673-010-000 161 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-673-011-000 149 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-673-012-000 137 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-673-013-000 125 CHARLES ELMORE DR SFR 1.00 598.01 454.80 054-673-014-000 3900 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-673-015-000 3912 RUPERT FRANKS DR SFR 1.00 598.01 454.80 054-673-016-000 3924 RUPERT FRANKS DR SFR 1.00 598.01 454.80 054-673-017-000 3936 RUPERT FRANKS DR SFR 1.00 598.01 454.80 054-673-018-000 3948 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-673-019-000 3947 JOHN VICKERS CT SFR 1.00 598.01 454.80 054-673-020-000 3935 JOHN VICKERS CT SFR 1.00 598.01 454.80 054-673-021-000 3923 JOHN VICKERS CT SFR 1.00 598.01 454.80 054-673-022-000 3911 JOHN VICKERS CT SFR 1.00 598.01 454.80 054-673-023-000 3900 JOHN VICKERS CT SFR 1.00 598.01 454.80 054-673-024-000 3912 JOHN VICKERS CT SFR 1.00 598.01 454.80 054-673-025-000 3924 JOHN VICKERS CT SFR 1.00 598.01 454.80 054-673-026-000 3936 JOHN VICKERS CT SFR 1.00 598.01 454.80 054-673-027-000 3948 JOHN VICKERS CT SFR 1.00 598.01 454.80 054-673-028-000 3947 ARTHUR HENNESAY CT SFR 1.00 598.01 454.80 054-673-029-000 3935 ARTHUR HENNESAY CT SFR 1.00 598.01 454.80 054-673-030-000 3923 ARTHUR HENNESAY CT SFR 1.00 598.01 454.80 054-673-031-000 3924 ARTHUR HENNESAY CT SFR 1.00 598.01 454.80 054-673-032-000 3936 ARTHUR HENNESAY CT SFR 1.00 598.01 454.80 054-673-033-000 3948 ARTHUR HENNESAY CT SFR 1.00 598.01 454.80 054-673-034-000 3947 PAUL ROBINSON CT SFR 1.00 598.01 454.80 054-673-035-000 3935 PAUL ROBINSON CT SFR 1.00 598.01 454.80 054-673-036-000 3923 PAUL ROBINSON CT SFR 1.00 598.01 454.80 054-673-037-000 3911 PAUL ROBINSON CT SFR 1.00 598.01 454.80 054-673-038-000 3900 PAUL ROBINSON CT SFR 1.00 598.01 454.80 054-673-039-000 3912 PAUL ROBINSON CT SFR 1.00 598.01 454.80 054-673-040-000 3924 PAUL ROBINSON CT SFR 1.00 598.01 454.80 054-673-041-000 3936 PAUL ROBINSON CT SFR 1.00 598.01 454.80 054-673-042-000 3948 PAUL ROBINSON CT SFR 1.00 598.01 454.80 054-674-001-000 3952 PAUL ROBINSON CT SFR 1.00 598.01 454.80 054-674-002-000 3964 PAUL ROBINSON CT SFR 1.00 598.01 454.80 054-674-003-000 3976 PAUL ROBINSON CT SFR 1.00 598.01 454.80 054-674-004-000 3988 PAUL ROBINSON CT SFR 1.00 598.01 454.80 054-674-005-000 3998 PAUL ROBINSON CT SFR 1.00 598.01 454.80 054-674-006-000 3999 PAUL ROBINSON CT SFR 1.00 598.01 454.80 054-674-007-000 3989 PAUL ROBINSON CT SFR 1.00 598.01 454.80 054-674-008-000 3977 PAUL ROBINSON CT SFR 1.00 598.01 454.80 054-674-009-000 3965 PAUL ROBINSON CT SFR 1.00 598.01 454.80 054-674-010-000 3953 PAUL ROBINSON CT SFR 1.00 598.01 454.80 054-674-011-000 3952 ARTHUR HENNESAY CT SFR 1.00 598.01 454.80 054-674-012-000 3964 ARTHUR HENNESAY CT SFR 1.00 598.01 454.80 054-674-013-000 3976 ARTHUR HENNESAY CT SFR 1.00 598.01 454.80 054-674-014-000 3988 ARTHUR HENNESAY CT SFR 1.00 598.01 454.80 054-674-015-000 3998 ARTHUR HENNESAY CT SFR 1.00 598.01 454.80 Willdan Financial Services Page 2 of 3

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Attachment: 2023-2024 Engineer's Report - Legacy Ranch LLD (5978 : Approve the Engineer's Report regarding Legacy Ranch L&LD and the APN Situs Address Land Use EBU Max Assessment Charge
City of El Centro
Legacy Ranch Landscaping and Lighting Assessment
Preliminary Assessment Roll
Fiscal Year 2023/24
054-674-016-000 3999 ARTHUR HENNESAY CT SFR 1.00 598.01 454.80 054-674-017-000 3989 ARTHUR HENNESAY CT SFR 1.00 598.01 454.80 054-674-018-000 3977 ARTHUR HENNESAY CT SFR 1.00 598.01 454.80 054-674-019-000 3965 ARTHUR HENNESAY CT SFR 1.00 598.01 454.80 054-674-020-000 3953 ARTHUR HENNESAY CT SFR 1.00 598.01 454.80 054-674-021-000 3952 JOHN VICKERS CT SFR 1.00 598.01 454.80 054-674-022-000 3964 JOHN VICKERS CT SFR 1.00 598.01 454.80 054-674-023-000 3976 JOHN VICKERS CT SFR 1.00 598.01 454.80 054-674-024-000 3988 JOHN VICKERS CT SFR 1.00 598.01 454.80 054-674-025-000 3998 JOHN VICKERS CT SFR 1.00 598.01 454.80 054-674-026-000 3999 JOHN VICKERS CT SFR 1.00 598.01 454.80 054-674-027-000 3989 JOHN VICKERS CT SFR 1.00 598.01 454.80 054-674-028-000 3977 JOHN VICKERS CT SFR 1.00 598.01 454.80 054-674-029-000 3965 JOHN VICKERS CT SFR 1.00 598.01 454.80 054-674-030-000 3953 JOHN VICKERS CT SFR 1.00 598.01 454.80 054-674-031-000 3952 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-674-032-000 3964 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-674-033-000 3976 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-674-034-000 3988 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-674-035-000 3998 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-674-038-000 3977 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-674-039-000 3965 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-674-040-000 3953 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-674-041-000 3941 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-674-042-000 3927 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-674-043-000 3913 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-674-044-000 3901 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-674-046-000 3999 RUBERT FRANKS DR SFR 1.00 598.01 454.80 054-674-047-000 3989 RUBERT FRANKS DR SFR 1.00 598.01 454.80 Total 143.00 $85,515.74 $65,036.40
Total Parcels 143
Willdan Financial Services Page 3 of 3

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Attachment: 2023-2024 Engineer's Report - Legacy Ranch LLD (5978 : Approve the Engineer's Report regarding Legacy Ranch L&LD and the City Council of the City of El Centro Meeting: 06/06/23 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Public Hearing
Prepared By: Catherine Gutierrez
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 5923) DOC ID: 5923
Public Hearing to consider the approval of a rate increase for the collection, transportation, recycling, processing and disposal of solid waste.

CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO ESTABLISHING RATES FOR THE INTEGRATED WASTE MANAGEMENT

SERVICES INCLUDING BUT NOT LIMITED TO THE COLLECTION, TRANSPORTATION, RECYCLING, PROCESSING AND DISPOSAL OF SOLID WASTE FOR FISCAL YEAR 2023- 2024
FISCAL IMPACT:

Summary of Rates Adjustments by service Category as shown on Attachment 1 (Based on Staff’s and HF&H Consultant’s review of CR&R request).

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal 2, Environmental Sustainability & Infrastructure. Action 2.9, Ensure compliance with State and solid waste and recycling requirements.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

CR&R is currently under a contract with the City.

BACKGROUND:

Contract History:
• On March 20, 2007, the City entered into a Franchise Agreement for Integrated Solid Waste Management Services with CR&R. These services include, but are not limited to, residential automated curbside collection, multi-family and commercial refuse and recyclable bin collection and roll off refuse and recyclable material processing and collection. CR&R commenced services to the City on July 1, 2007.
• Various amendments and annual rate increases occurred between 2007 and 2021 as shown in "Exhibit A - Contract History" attached to this agenda. • On April 5, 2022, through Resolution 22-33, Council approved an amended and restated agreement with CR&R that consolidated all prior contract amendments and enabled implementation of programs to achieve compliance with AB 1826 and SB 1383. The amended contract commenced on May 1, 2022 and expires on June 30, 2027. This Resolution did not authorized any rate increases that required proposition 218 approval.
9 Packet Pg. 63
Action Item (ID # 5923) Meeting of June 6, 2023
• On June 21, 2022, through Resolution 22-59, Council declared the results of the property owner protest ballot proceeding (Prop 218) conducted for the increase of residential and commercial/multifamily solid waste rates, commencing in fiscal year 2022/2023 and the subsequent four fiscal years, making findings and approving such rates and certain related actions. The process further authorizes City Council to adjust customer rates starting July 1, 2023 through June 30, 2027. The rates may be adjusted by employing the rate adjustment methodology specified in Article 6 of the Agreement for each respective rate year up to a maximum of 4% per year.

Rate Adjustment Methodology:

The maximum rates that CR&R can charge its customers are comprised and derived from the following cost component categories: “labor”, “fuel”, “equipment”, “insurance”, “disposal”, and “all other”. These cost component categories are based on published price indices, as designated and approved by contract. Annual rate adjustments are based on the percent change in the index for each of the aforementioned cost component categories. However, effective July 1, 2023, the maximum rate increase from year to year is limited to 4% per Resolution 22- 59 and pursuant to the requirements of Proposition 218.

In addition, each of these cost components are weighted differently depending upon the service category (i.e. two categories: 1) carts and bins and 2) roll-off boxes), resulting in different rate adjustments for each service category. Disposal costs are adjusted by the actual change in the tipping fee CR&R pays at the landfill.

Per section 6.3 of the agreement:
"Adjustment to the maximum rates is subject to the approval of the City Council at a public hearing, although the City Council's discretion shall be limited to determining, based on substantial evidence, whether the requested maximum rate adjustment meets the requirements as set forth herein"
DISCUSSION:

In accordance with Section 6.3 of the Agreement, CR&R submitted an annual rate adjustment request in writing prior to the March 30 contract established deadline. The prior rate increase occurred in 2022. There were no rate increases for FY 2016, 2017 and 2018. The request was submitted on March 30, 2023 by CR&R for the July 1, 2023 through June 30, 2024 rate, as such, the new rate increase would be effective July 1, 2023 and appear to residents in their mail early August as part of their July water/sewer/trash invoice.

The City contracted HF&H to review the rate increase request and supporting documentation and HF&H recommended a decrease to the rates requested by CR&R due to a difference in the values used for the "Old Index Value" in the calculations. The CR&R rate increase request is attached as an exhibit to the HF&H report. 9 Packet Pg. 64
Action Item (ID # 5923) Meeting of June 6, 2023
HF&H provided CR&R their rate adjustment calculations and on May 10, 2023, CR&R submitted the updated rate schedule to reflect the minor adjustment to the index and cost weighting components noted in HF&H's report, hereto attached as Exhibit 2.

RESIDENTIAL RATE HISTORY
$15.99 $16.87 $16.87 $17.61 $18.31 $18.15 $18.46 $18.74 $18.74 $18.74 $18.74 $19.49 $20.02 $20.44 $20.64 $22.95 $23.87
$10.00
$15.00
$20.00
$25.00
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Rate

Summary of Rate Adjustment by Service Category
(Starting July 1, 2023)
Service Category Requested by CR&R As Calculated by HF&H Cart and Bin Service 4.0% 4.0%
Roll-off Box Service 4.0% 4.0%
Based on HF&H Consultant’s review of CR&R request, staff requests the annual rate increase as calculated by HF&H be approved. Staff further requests that the new rates as identified by HF&H’s report be incorporated in the proposed 2023-2024 rate schedule as presented by CR&R.

Notice of this public hearing was published on May 26, 2023 in English and Spanish.

Staff requests Council open a public hearing, and after considering input, find that based on substantial evidence as submitted by CR&R and verified by HF&H’s independent review, that the rate increase request meets the requirements of Contract Section 6.3 for rate increases and proceed to adopt the here proposed Resolution.

CONCLUSION:

Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO ESTABLISHING RATES FOR THE INTEGRATED WASTE MANAGEMENT

SERVICES INCLUDING BUT NOT LIMITED TO THE COLLECTION, TRANSPORTATION, RECYCLING, PROCESSING AND DISPOSAL OF SOLID WASTE FOR FISCAL YEAR 2023- 2024
9 Packet Pg. 65
Action Item (ID # 5923) Meeting of June 6, 2023
ATTACHMENTS:
• Resolution w. Exhibits (PDF)
• Attachment 1 - Proposed New Rates for FY 2023-2024 (PDF) • Attachment 2 - 2023 El Centro Rate Adjustment Review Letter (PDF) • Attachment 3 - Notice of Public Hearing (English) (PDF) • Attachment 4 - Notice of Public Hearing (Spanish) (PDF) • EXHIBIT A Contract History (PDF)
9 Packet Pg. 66
05/2023/cdz/A23-0086/Reso/CR&RRateIncrease
RequestNoticeofPublicHearing
RESOLUTION NO. 23 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO ESTABLISHING RATES FOR THE

INTEGRATED WASTE MANAGEMENT SERVICES

INCLUDING BUT NOT LIMITED TO THE COLLECTION,

TRANSPORTATION, RECYCLING, PROCESSING AND
DISPOSAL OF SOLID WASTE FOR FISCAL YEAR 2023-
2024
WHEREAS, Chapter 12 of the Code of the City of El Centro, California (the “City”) provides that the monthly rates for the collection of solid waste, green waste and recyclables (“integrated waste management services”) shall be adopted by resolution of the City Council of the City of El Centro, California (the “City Council”); and WHEREAS, the City Council approved an Integrated Waste Management Services Agreement with CR&R Incorporated, an active California corporation, (“CR&R” and the “Agreement”) on April 18, 2007, which Agreement was amended on April 5, 2022 to address changes in the state law governing integrated waste management services, among other things; and
WHEREAS, in accordance with State law and specifically the requirements of Proposition 218, the City Council authorized estimated rate increases for solid waste collection services for the first five-year (5-year) period of the Agreement commencing July 1, 2022 through June 30, 2027; and
WHEREAS, the rates may be adjusted by employing the rate adjustment methodology specified in Article 6 of the Agreement for each respective rate year up to a maximum of four percent 4% per year; and
WHEREAS, CR&R may request rates to be adjusted annually under section 6.3.1 of the Agreement by following the procedures of Section 6.4 “Method of Adjustments” of the Agreement; and
WHEREAS, upon the City’s receipt of such request, it is reviewed by HF&H, an independent consultant retained by the City; and
WHEREAS, per the Agreement, adjustments to the rates are subject to approval by City Council at a noticed public hearing; and

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Attachment: Resolution w. Exhibits (5923 : CR&R routine rate increase 2023/2024) 05/2023/cdz/A23-0086/Reso/CR&RRateIncrease
RequestNoticeofPublicHearing
WHEREAS, City Council discretion is limited by the Agreement to determine, based on substantial evidence, whether the requested rate adjustment meets the requirements of Section

6.4 “Method of Adjustments”; and
WHEREAS, rates were last set out beginning July 1, 2022 pursuant to Resolution No. 22- 59; and
WHEREAS, CR&R now has requested that the City approve a four percent 4% annual increase to the solid waste disposal service charges for residential and commercial cart and bin services pursuant to Section 6 of the Agreement, effective July 1, 2023; and WHEREAS, CR&R also has requested that the City approve a four percent 4% annual increase to the solid waste disposal service charges for roll-off box services pursuant to Section 6 of the Agreement, effective July 1, 2023; and
WHEREAS, such rates have been reviewed and determined to be supported by the necessary documentation by HF&H Consultants, LLC based upon the factors and percentage set out in Section 6 of the Agreement; and
WHEREAS, based upon the report of the consultant, the City Council finds that said rates meet the requirements for increase and further are reasonably related to the costs of providing and maintaining integrated waste management services and are within the rates approved by the Council in the Agreement and after notice and hearing; and WHEREAS, notice of the public hearing and the rate increase was provided in English and Spanish; and
WHEREAS, on June 6, 2023, the City Council conducted a duly noticed public hearing on the proposed annual rate increase for the integrated waste management services including but not limited to collection, transportation, recycling, processing and disposal of solid waste within the City; and
WHEREAS, it is in the best interest of the City to adjust said rates and charges as set forth herein below.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That the foregoing is true, correct and adopted.

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Attachment: Resolution w. Exhibits (5923 : CR&R routine rate increase 2023/2024) 05/2023/cdz/A23-0086/Reso/CR&RRateIncrease
RequestNoticeofPublicHearing

2. That the fees and charges for the collection, transportation, recycling, processing and disposal of solid waste shall be as set forth in the following exhibits which are attached hereto and made a part hereof.

Exhibit 1 – Solid Waste Collection Rate Schedule, July 1, 2023 to June 30, 2024 Rates.

Exhibit 2 – Calculation of July 1, 2023 Rate Adjustment, Single Family & Commercial Rate Calculation/ Roll-Off Rate Calculation.

3. That the effective date of the new rate schedule will be July 1, 2023.

4. That all other rates and charges shall remain the same.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on day of , 2023.

CITY OF EL CENTRO
By _____________________
Martha Cardenas-Singh, Mayor
ATTEST:

By _____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By________________________________
Elizabeth L. Martyn, City Attorney

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Attachment: Resolution w. Exhibits (5923 : CR&R routine rate increase 2023/2024) 05/2023/cdz/A23-0086/Reso/CR&RRateIncrease
RequestNoticeofPublicHearing

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California do hereby certify that the foregoing Resolution No. 23- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By__________________________
Norma Wyles, City Clerk

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Attachment: Resolution w. Exhibits (5923 : CR&R routine rate increase 2023/2024) EXHIBIT 3A
Effective Rates as of July 1, 2023
Annual CPI 2023 Rate Year 4.0%
Proposed Residential Increase: 0.0%
Proposed Commercial Increase: 0.0%
Total w Used Oil
Cart Service - one each refuse, recycling, and green waste cart 23.87 $ per month $ 23.93 Additional Refuse Cart $ per month 14.91
Additional Recycling Cart at 50% of extra refuse rate $ per month 7.46 Additional Orgaincs Waste Cart at 50% of extra refuse rate $ per month 7.46 Additional Overage pickup for Automated Cart Customers $ per month 7.46 Additional Bulky item pickups (in excess of three per year) $ per month 29.87 Used Oil/Filter Collection per Eligible Home $ per month 0.06 Total w Used Oil
First Unit $ per month 23.87 $ 23.93
Units 2-15 $ per month 14.56 $ 14.62
Units 16-30 $ per month 13.11 $ 13.17
Units 31-50 $ per month 11.71 $ 11.77
Units 51-75 $ per month 10.75 $ 10.81
First Unit $ per month 23.87 $ 23.93
Units 2-5 $ per month 12.41 $ 12.47
Units 6-10 $ per month 11.71 $ 11.77
Units 11-20 $ per month 11.23 $ 11.29
Units 21-30 $ per month 10.75 $ 10.81
Units 31-50 $ per month 9.79 $ 9.85
Units 51-100 $ per month 9.31 $ 9.37
123 4 56
96-gallon $ 41.65 $ 70.38 $ 99.07 $ 127.82 $ 156.54 $ 185.23 $ 21.54 2 cubic yard $ 106.26 $ 192.42 $ 278.57 $ 364.74 $ 450.89 $ 537.08 $ 28.37 3 cubic yard $ 120.61 $ 221.15 $ 321.66 $ 422.18 $ 522.69 $ 623.24 $ 32.23 4 cubic yard $ 134.98 $ 249.87 $ 364.74 $ 479.62 $ 594.48 $ 709.35 $ 37.70 5 cubic yard $ 252.74 $ 374.82 $ 504.03 $ 633.29 $ 762.53 $ 891.76 $ 43.75 6 cubic yard $ 300.14 $ 436.53 $ 580.15 $ 723.74 $ 867.33 $ 1,010.94 $ 50.33 123 4 56
4 yard compactor $ 228.95 $ 437.77 $ 646.59 $ 855.43 $ 1,064.25 $ 1,273.07 $ 140.92 2 yard compactor $ 174.52 $ 315.61 $ 456.87 $ 598.18 $ 739.48 $ 880.81 $ 46.53 1 2 3 4 5 6 EXTRA PU
35 Gal Food $ 41.65 $ 83.30 $ 124.97 $ 166.62 $ 208.27 $ 249.92 $ 21.54 60 Gal Food $ 41.65 $ 83.30 $ 124.97 $ 166.62 $ 208.27 $ 249.92 $ 21.54 2 cubic yard $ 168.28 $ 336.56 $ 504.87 $ 673.15 $ 841.43 $ 1,009.70 $ 87.09 1 2 3 4 5 6 EXTRA PU
90 Gal Green (MF) $ 41.65 $ 83.30 $ 124.97 $ 166.62 $ 208.27 $ 249.92 $ 21.54 300 Gal Green (MF) $ 124.97 $ 249.92 $ 374.90 $ 499.87 $ 624.83 $ 749.78 $ 64.67 1 2 3 4 5 6 EXTRA PU
96-gallon $ 31.24 $ 52.79 $ 74.30 $ 95.87 $ 117.41 $ 138.92 $ 16.16 2 cubic yard $ 79.70 $ 144.32 $ 208.93 $ 273.56 $ 338.17 $ 402.81 $ 21.28 3 cubic yard $ 90.46 $ 165.86 $ 241.25 $ 316.64 $ 392.02 $ 467.43 $ 24.17 4 cubic yard $ 101.24 $ 187.40 $ 273.56 $ 359.72 $ 445.86 $ 532.01 $ 28.28 Comm Recy Service
Container Size
Monthly Rate (75% of MSW as of 7/1/23)
Organics Service
Container Size
Monthly Rate
Multi-Family Organics
Container Size
Monthly Rate
Compactor Service
Container Size
Monthly Rate (Based on pickups per week)
MSW Service
Container Size
Monthly Rate (Based on pickups per week) Rate per Extra P/U Trailer Courts and Mobile Home Parks Rate
Bin and Commercial Cart Rates
Residential Service Rate
Apartment Houses, Courts and Similar Dwellings Rate
Resolution Exhibit 1
Exhibit 2
Solid Waste Collection Rate Schedule, Calculated by CR&R, Updated May 10, 2023 Rounding Updated
2-1

9.a
Packet Pg. 71
Attachment: Resolution w. Exhibits (5923 : CR&R routine rate increase 2023/2024) Rate
Standard Roll-Off Box - Rate per pull 263.87 $
Compactor Roll-Off Box - Rate per Pull (excluding rental) 352.35 $ COD Roll-off 10 or 40-yard (up to 10 tons) - C&D Processing 1,053.63 $ COD Roll-off 10 or 40-yard (up to 10 tons) - Landfill 931.25 $ Tonnage Charge, per ton (refuse) 66.74 $
Tonnage Charge, per ton (construction and demolition debris) 78.98 $ Recyclable Material Roll-Off Service 150% of Pull Rate
Overweight per Ton Charge (per ton beyond 10 tons/load) 150% of Gate Rate Roll-Off Box Rental Charge - per day for each day beyond 14 days $ 22.11 Dry Run - pickup of empty roll-off box 147.43 $
Blocked Pickup $ 73.70
Overweight compactor transportation fee 578.75 $
Compactor Cleaning Service $ 378.31
Including all fees retained by, or paid to, City.

COD Roll-off Box Customers may be requested to pre-pay the Standard Roll-Off Box Pull Rate plus the per ton rate for up to ten (10) tons, with unused payment (the per ton payment for tons over actual tons collected) refunded within thirty (30) days of pull.

Rate Per
Service
Temporary Bin Services:
3 cubic yard bin, per dump $ 71.78
4 cubic yard bin, per dump $ 86.15
6 cubic yard bin, per dump $ 129.24
Bin rental (when less than one dump each 14 day period) 43.09 $ Blocked pickup $ 50.27
Locking Bins - monthly service charge:
1x week $ 7.18
2x week $ 14.35
3x week $ 21.54
4x week $ 28.74
5x week $ 35.89
6x week $ 43.09
Other Commercial
Services:

Rate per
Service
Commercial Bulky Item Pickup $ 28.74
Extra Bin Cleanings (beyond one free per year) $ 57.44
Bin Overflow Charge (after Customer has been notified of charge) $ 64.64 Contamination Charge, per occurrence $ 55.63
Commercial Setup Fee, per occurrence $ 27.82
Commercial CUB, Bin Delivery Fee, per occurrence $ 33.38 Commercial Cart Delivery Fee, per occurrence $ 27.82
Bin Redelivery Fee – Stop Service, per occurrence $ 33.38 Cart Replacement Fee – (Customer Damaged or Stolen) $ 57.78 Bulk Compost (per ton) $ 26.00
Other Residential
Services:

Rate per
Service
Cart Redelivery Fee – Stop Service, per occurrence $ 27.82 Cart Replacement Fee – After 1 free per 12-month period (Customer Damaged or Stolen) $ 57.78 Service Category
Roll-Off Box Charges
Resolution Exhibit 1
Exhibit 2
Solid Waste Collection Rate Schedule, Calculated by CR&R, Updated May 10, 2023 2-2

9.a
Packet Pg. 72
Attachment: Resolution w. Exhibits (5923 : CR&R routine rate increase 2023/2024) DUE BY MARCH 30TH

PRELIM ANNUAL PER AGREEMENTUSING DECEMBER PER HFH,
A BC 05/28/2021-HFH STATED TO LEAVE OLD INDEX WITH PRELIMINARY INDEX VALUE AS APPROVED VALUE FOR NEW CALCULATIONS IN 2022/2023 Line Adjustment Factor Index Old Index Value (P) New Index Value 0 1 Labor (1) 156.451 171.662 9.7% PRELIM - DEC ECU12542I doesn’t exist, using PCU5621115621112 Fuel (2) 346.234 419.191 21.1% PRELIM - DEC WPU057303 - same 3 Equipment (3) 154.071 158.288 2.7% PRELIM - DEC PCU3361203361201 noted is differrent from prior using PCU3361203361204 Insurance (4) 143.873 147.526 2.5% PRELIM - DEC PCU524---524--- same5 Disposal (5) 283.908 300.113 5.7% FINAL - DEC CUUR0000SA0L1E same6 All Other (5) 283.908 300.113 5.7% FINAL - DEC CUUR0000SA0L1E same (F) Final Index Value
DEF
Line
Adjustment Factor Index Initial Cost Component (6) Cost Factor Category Weighted as % of Component Total (7) Percent Change in Index from Column (C) Total Weighted Change 7 Labor (1) $ 882,878 23.00% 9.70% 2.20%8 Fuel (2) $ 221,575 8.00% 21.10% 1.70%9 Equipment (3) $ 558,424 11.00% 2.70% 0.30% 10 Insurance (4) $ 20,726 3.00% 2.50% 0.10%11 Disposal (5) 851,240 32.00% 5.70% 1.80%12 All Other (5) $ 1,217,334 23.00% 5.70% 1.30%13 Total $ 3,752,176 100.00% 7.40% Maximum allowed per contract 4.00% Third Amendment 4.00% CAP No carryover listed
G HIJ
Line Rate Category Existing Customer Rate
Total Weighted
Percentage Change
(Row 13 Column F)
Rate Increase or
Decrease
(Column G x Column
H)
Adjusted Monthly
Rate (Column G +
Column I)
14 Standard Service 4.0% $ - $ -
15 Second Unit 4.0% $ - $ -
16 Trailer Court 2nd unit 4.0% $ - $ -17 Extra Refuse Cart 4.0% $ - $ - 18 Overage Pickup 4.0% $ - $ -
19 3 yard bin, 1 pickup/wk 4.0% $ - $ -
20 3 yard bin, 2 pickup/wk 4.0% $ - $ -
21 3 yard bin, 3 pickup/wk 4.0% $ - $ -
K LMNO
Line
Adjustment Factor Index Cost Component (Column D)
Percentage Change
as Applied to Rate
Adjustment (Column
E)
Increase In Cost
Components
(Column K x Column
L)
Cost Component
Increased (Column K
+ Column M)
Cost Components
Reweighed to Equal
100% for Future
Adjustments
22 Labor (1) 23.0% 9.7% 2.2% 25.2% 23.5%
23 Fuel (2) 8.0% 21.1% 1.7% 9.7% 9.0%24 Equipment (3) 11.0% 2.7% 0.3% 11.3% 10.5% 25 Insurance (4) 3.0% 2.5% 0.1% 3.1% 2.9%26 Disposal (5) 32.0% 5.7% 1.8% 33.8% 31.5%27 All Other (5) 23.0% 5.7% 1.3% 24.3% 22.6% 28 Total 100.0% 107.4% 100.0% 100.0% check
Prior Notes - same as Exhibit Rate Adjustment Section Indexes:(1) Producer Price Index, PCU562111562111,Solid Waste Collection (1) Employment Cost Index, ECU12542I not seasonally adjusted, Total compensation, Private indudstry, Index number, Electric, gas, and sanitary services (2) Producer Price Index, WPU057303 not seasonally adjusted, Fuels and related products and power, #2 diesel fuel. (2) Producer Price Index, WPU057303 not seasonally adjusted, Fuels and related products and power, #2 diesel fuel.(3) Producer Price Index, PCU336120336120, Heavy duty truck mfg (3) Producer Price Index, PCU3361203361201, Heavy duty truck mfg, Trucks, tractors, and bus chassis, 14,001 to 33,000 lbs(4) Producer Price Index, PCU524---524---, Insurance carriers and related activities (4) Producer Price Index, PCU524---524---, Insurance carriers and related activities(5) Consumer Price Index for All Urban Consumers (CUUR0000SA0L1E), not seasonally adjusted,all items less food and enrgy index - U.S. city average. (5) Consumer Price Index for All Urban Consumers (CUUR0000SA0L1E), all items less food and enrgy index - U.S. city average. (6) After the first rate adjustment, this column comes from Column O of the previous year's rate adjustment worksheet. (6) After the first rate adjustment, this column comes from Column O of the previous year's rate adjustment worksheet.December Final Step Five: Re-weight Cost Components
El Centro
2023 Rate Adjustment
Single Family & Commercial Rate Calculation
Step One: Calculate percentage change in indices
Step Two: Determine Components
Step Three: Apply Percentage Change to Rates
Exhibit 3
FY 2023-24 CR&R Rate Adjustment Calculations, Updated May 10, 2023 3-1
Resolution Exhibit 2 9.a
Packet Pg. 73
Attachment: Resolution w. Exhibits (5923 : CR&R routine rate increase 2023/2024)

A BC PRELIM ANNUAL USING DECEMBER, SHOULD BE ANNUAL
Line Adjustment Factor Index Old Index Value New Index Value 0 1 2 Labor (1) 156.45 171.66 9.7%3 Fuel (2) 346.23 419.19 21.1% 4 Equipment (3) 154.07 158.29 2.7%5 Insurance (4) 143.87 147.53 2.5%6 All Other (5) 283.91 300.11 5.7%7 Tonnage Charge (5) 283.91 300.11 5.7% DEF
Line
Adjustment Factor Index Initial Cost Component (6)
Cost Factor
Category Weighted
as % of Component
Total (6)
Percent Change in
Index from Column
(C)
Total Weighted
Change
8 0
9 Labor (1) $ 88,288 44.0% 9.7% 4.3%
10 Fuel (2) $ 22,157 8.0% 21.1% 1.7%
11 Equipment (3) $ 55,842 10.0% 2.7% 0.3%
12 Insurance (4) 2,073 3.0% 2.5% 0.1%
13 All Other (5) $ 121,733 35.0% 5.7% 2.0%14 Service Component Rate $ 290,094 100.0% 8.4%15 Tonnage Charge (5) 100.00 100.0% 5.7% 5.7% Maximum allowed per contract 4.0% Third Amendment 4.00% CAP GH I J
Line Rate Category Existing Customer Rate
Total Weighted
Percentage Change
(from Column F,
Line 13)
Rate Increase or
Decrease (Column G
x Column H)
Adjusted Monthly
Rate (Column G +
Column I)
16 Standard Roffoff Box 4.0% $ - $ -17 Compactor Rolloff Box 4.0% $ - $ - 18 Tonnage Charge 5.7% $ - $ -
K LMNO
Line
Adjustment Factor Index
Cost
Component(Column
D)
Percentage Change
as Applied to Rate
Adjustment (Column
F)
Increase In Cost
Components
(Column K x Column
L)
Cost Component
Increased (Column K
+ Column M)
Cost Components
Reweighed to Equal
100%
19 Labor (1) 44.0% 9.7% 4.3% 48.3% 44.6%20 Fuel (2) 8.0% 21.1% 1.7% 9.7% 9.0% 21 Equipment (3) 10.0% 2.7% 0.3% 10.3% 9.5%
22 Insurance (4) 3.0% 2.5% 0.1% 3.1% 2.9%
23 All Other (5) 35.0% 5.7% 2.0% 37.0% 34.1%
24 Total 100.0% 108.4% 100.0% check for 100%
Prior Notes - same as Exhibit Rate Adjustment Section Indexes:(1) Producer Price Index, PCU562111562111,Solid Waste Collection (1) Employment Cost Index, ECU12542I not seasonally adjusted, Total compensation, Private indudstry, Index number, Electric, gas, and sanitary services(2) Producer Price Index, WPU057303 not seasonally adjusted, Fuels and related products and power, #2 diesel fuel. (2) Producer Price Index, WPU057303 not seasonally adjusted, Fuels and related products and power, #2 diesel fuel.(3) Producer Price Index, PCU336120336120, Heavy duty truck mfg (3) Producer Price Index, PCU3361203361201, Heavy duty truck mfg, Trucks, tractors, and bus chassis, 14,001 to 33,000 lbs(4) Producer Price Index, PCU524---524---, Insurance carriers and related activities (4) Producer Price Index, PCU524---524---, Insurance carriers and related activities(5) Consumer Price Index for All Urban Consumers (CUUR0000SA0L1E), not seasonally adjusted,all items less food and enrgy index - U.S. city average. (5) Consumer Price Index for All Urban Consumers (CUUR0000SA0L1E), all items less food and enrgy index - U.S. city average.(6) After the first rate adjustment, this column comes from Column O of the previous year's rate adjustment worksheet. (6) After the first rate adjustment, this column comes from Column O of the previous year's rate adjustment worksheet.December Final Service Component (Pull Rate)
Step Three: Apply percentage change to rates
Step Four: Re-weight service component cost components
El Centro
2023 Rate Adjustment
Rolloff Rate Calculation
Step One: Calculate percentage change in indices
Service Component (Pull Rate)
Step Two: Determine Components
Exhibit 3
FY 2023-24 CR&R Rate Adjustment Calculations, Updated May 10, 2023 3-2
Resolution Exhibit 2 9.a
Packet Pg. 74
Attachment: Resolution w. Exhibits (5923 : CR&R routine rate increase 2023/2024) EXHIBIT 3A Rounding Updated
Effective Rates as of July 1, 2023
Annual CPI 2023 Rate Year 4.0%
Proposed Residential Increase: 0.0%
Proposed Commercial Increase: 0.0%
Total w Used Oil
Cart Service - one each refuse, recycling, and green waste cart 23.87 $ per month $ 23.93 Additional Refuse Cart $ per month 14.91
Additional Recycling Cart at 50% of extra refuse rate $ per month 7.46 Additional Orgaincs Waste Cart at 50% of extra refuse rate $ per month 7.46 Additional Overage pickup for Automated Cart Customers $ per month 7.46 Additional Bulky item pickups (in excess of three per year) $ per month 29.87 Used Oil/Filter Collection per Eligible Home $ per month 0.06 Total w Used Oil
First Unit $ per month 23.87 $ 23.93
Units 2-15 $ per month 14.56 $ 14.62
Units 16-30 $ per month 13.11 $ 13.17
Units 31-50 $ per month 11.71 $ 11.77
Units 51-75 $ per month 10.75 $ 10.81
First Unit $ per month 23.87 $ 23.93
Units 2-5 $ per month 12.41 $ 12.47
Units 6-10 $ per month 11.71 $ 11.77
Units 11-20 $ per month 11.23 $ 11.29
Units 21-30 $ per month 10.75 $ 10.81
Units 31-50 $ per month 9.79 $ 9.85
Units 51-100 $ per month 9.31 $ 9.37
123 4 56
96-gallon $ 41.65 $ 70.38 $ 99.07 $ 127.82 $ 156.54 $ 185.23 $ 21.54 2 cubic yard $ 106.26 $ 192.42 $ 278.57 $ 364.74 $ 450.89 $ 537.08 $ 28.37 3 cubic yard $ 120.61 $ 221.15 $ 321.66 $ 422.18 $ 522.69 $ 623.24 $ 32.23 4 cubic yard $ 134.98 $ 249.87 $ 364.74 $ 479.62 $ 594.48 $ 709.35 $ 37.70 5 cubic yard $ 252.74 $ 374.82 $ 504.03 $ 633.29 $ 762.53 $ 891.76 $ 43.75 6 cubic yard $ 300.14 $ 436.53 $ 580.15 $ 723.74 $ 867.33 $ 1,010.94 $ 50.33 123 4 56
4 yard compactor $ 228.95 $ 437.77 $ 646.59 $ 855.43 $ 1,064.25 $ 1,273.07 $ 140.92 2 yard compactor $ 174.52 $ 315.61 $ 456.87 $ 598.18 $ 739.48 $ 880.81 $ 46.53 1 2 3 4 5 6 EXTRA PU
35 Gal Food $ 41.65 $ 83.30 $ 124.97 $ 166.62 $ 208.27 $ 249.92 $ 21.54 60 Gal Food $ 41.65 $ 83.30 $ 124.97 $ 166.62 $ 208.27 $ 249.92 $ 21.54 2 cubic yard $ 168.28 $ 336.56 $ 504.87 $ 673.15 $ 841.43 $ 1,009.70 $ 87.09 1 2 3 4 5 6 EXTRA PU
90 Gal Green (MF) $ 41.65 $ 83.30 $ 124.97 $ 166.62 $ 208.27 $ 249.92 $ 21.54 300 Gal Green (MF) $ 124.97 $ 249.92 $ 374.90 $ 499.87 $ 624.83 $ 749.78 $ 64.67 1 2 3 4 5 6 EXTRA PU
96-gallon $ 31.24 $ 52.79 $ 74.30 $ 95.87 $ 117.41 $ 138.92 $ 16.16 2 cubic yard $ 79.70 $ 144.32 $ 208.93 $ 273.56 $ 338.17 $ 402.81 $ 21.28 3 cubic yard $ 90.46 $ 165.86 $ 241.25 $ 316.64 $ 392.02 $ 467.43 $ 24.17 4 cubic yard $ 101.24 $ 187.40 $ 273.56 $ 359.72 $ 445.86 $ 532.01 $ 28.28 Comm Recy Service
Container Size
Monthly Rate (75% of MSW as of 7/1/23)
Organics Service
Container Size
Monthly Rate
Multi-Family Organics
Container Size
Monthly Rate
Compactor Service
Container Size
Monthly Rate (Based on pickups per week)
MSW Service
Container Size
Monthly Rate (Based on pickups per week) Rate per Extra P/U Trailer Courts and Mobile Home Parks Rate
Bin and Commercial Cart Rates
Residential Service Rate
Apartment Houses, Courts and Similar Dwellings Rate
Exhibit 2
Solid Waste Collection Rate Schedule, Calculated by CR&R, Updated May 10, 2023 2-1

9.b
Packet Pg. 75
Attachment: Attachment 1 - Proposed New Rates for FY 2023-2024 (5923 : CR&R routine rate increase 2023/2024) Rate
Standard Roll-Off Box - Rate per pull 263.87 $
Compactor Roll-Off Box - Rate per Pull (excluding rental) 352.35 $ COD Roll-off 10 or 40-yard (up to 10 tons) - C&D Processing 1,053.63 $ COD Roll-off 10 or 40-yard (up to 10 tons) - Landfill 931.25 $ Tonnage Charge, per ton (refuse) 66.74 $
Tonnage Charge, per ton (construction and demolition debris) 78.98 $ Recyclable Material Roll-Off Service 150% of Pull Rate
Overweight per Ton Charge (per ton beyond 10 tons/load) 150% of Gate Rate Roll-Off Box Rental Charge - per day for each day beyond 14 days $ 22.11 Dry Run - pickup of empty roll-off box 147.43 $
Blocked Pickup $ 73.70
Overweight compactor transportation fee 578.75 $
Compactor Cleanin
g Service $ 378.31
Including all fees retained by, or paid to, City.

Rate Per
Servic
e
Temporary Bin Services:
3 cubic yard bin, per dump $ 71.78
4 cubic yard bin, per dump $ 86.15
6 cubic yard bin, per dump $ 129.24
Bin rental (when less than one dump each 14 day period) 43.09 $ Blocked pickup $ 50.27
Locking Bins - monthly service charge:
1x week $ 7.18
2x week $ 14.35
3x week $ 21.54
4x week $ 28.74
5x week $ 35.89
6x week $ 43.09
Other Commercial
Services:

Rate per
Service
Cart Redelivery Fee – Stop Service, per occurrence $ 27.82 Cart Replacement Fee – After 1 free per 12-month period (Customer Damaged or Stolen) $ 57.78 Service Category
Roll-Off Box Charges
Exhibit 2
Solid Waste Collection Rate Schedule, Calculated by CR&R, Updated May 10, 2023 2-2

9.b
Packet Pg. 76
Attachment: Attachment 1 - Proposed New Rates for FY 2023-2024 (5923 : CR&R routine rate increase 2023/2024) Managing Tomorrow’s Resources Today
2081 Business Center Drive, Suite 265 Robert D. Hilton, CMC, Emeritus Irvine, California 92612 John W. Farnkopf, PE
Telephone: 949/251‐8628 Laith B. Ezzet, CMC
www.hfh‐consultants.com Richard J. Simonson, CMC
Marva M. Sheehan, CPA
Robert C. Hilton
May 15, 2023
Cedric Cesena, Interim City Manager
Mr. Abraham Campos, Public Works Director/City Engineer City of El Centro
1275 Main Street
El Centro, California 92243
Review of 2023 Solid Waste Rate Adjustment Request
Dear Cedric and Abraham:

We have reviewed the solid waste services rate adjustment request submitted to the City of El Centro (City) by CR&R Incorporated (CR&R), dated March 30, 2023 (Exhibit 1).

Rates are adjusted annually under Section 6.3 based on changes in specified cost components. Such cost components are weighted differently depending on the service categories: 1) single family and commercial rates; and 2) roll‐off box service rates, resulting in potentially different rate adjustments for each service category. The per ton disposal components of roll‐off box loads are also calculated separately.

Per Amendment #3 of the Agreement, effective July 5, 2011, any adjustment may not increase or decrease by more than four percent (4%) annually, and there shall not be any carryforwards. The weighted changes calculated for each of the service categories exceeded the 4% cap in 2023, resulting in a 4% proposed increase for all rates. See a summary of the calculated increases compared to the cap in Table 1 below.

Table 1. Rate Adjustment Comparison by Service Category Service Category
2023 Calculated
Change
Maximum
Change
CR&R's Proposed
Change
Single Family and Commercial 7.40% 4% 4%
Roll‐Off Box ‐ Service/Pull Rate 8.40% 4% 4%
Roll‐Off Box ‐ Tonnage Charge 5.70% 4% 4%
During HF&H’s review, we noted the proposed rates were calculated by CR&R utilizing rates that were not rounded as the base rates. HF&H recommended CR&R update its calculations to utilize the rates, rounded to the nearest penny, as presented in the current rate schedule, to allow for customers to recalculate the new rates without rounding variances. CR&R submitted an updated proposal on May 10, 2023, and HF&H agrees with the revised rates as re‐calculated by CR&R.

9.c
Packet Pg. 77
Attachment: Attachment 2 - 2023 El Centro Rate Adjustment Review Letter (5923 : CR&R routine rate increase 2023/2024)

HF&H CONSULTANTS, LLC
Cedric Cesena
May 15, 2023

Page 2 of 2 ends

Conclusion ‐ Recommended Next Steps
Based on the analysis and findings described above, we recommend approving the FY 2023‐2024 solid waste collection rates re‐submitted to HF&H by CR&R on May 10, 2023, included as Exhibit 2. The rates are supported by the rate adjustment calculations included in Exhibit 3. * * * * *
If you have any questions, please contact Laith at (949) 251‐8902 or via email at lezzet@hfh‐ consultants.com or Lindsey at (949) 251‐0231 or llagos@hfh‐consultants.com.

Very truly yours,

Laith Ezzet, CMC   Lindsey Lagos, CPA
Senior Vice President   Project Manager
Enclosures:   Exhibit 1 – FY 2023‐24 CR&R Rate Adjustment Letter Exhibit 2 – Solid Waste Collection Rate Schedule, Calculated by CR&R, Updated May 10, 2023 Exhibit 3 – FY 2023‐24 CR&R Rate Adjustment Calculations, Updated May 10, 2023

9.c
Packet Pg. 78
Attachment: Attachment 2 - 2023 El Centro Rate Adjustment Review Letter (5923 : CR&R routine rate increase 2023/2024) Exhibit 1
FY 2023-24 CR&R Rate Adjustment Letter
1-1

9.c
Packet Pg. 79
Attachment: Attachment 2 - 2023 El Centro Rate Adjustment Review Letter (5923 : CR&R routine rate increase 2023/2024) EXHIBIT 3A Rounding Updated
Effective Rates as of July 1, 2023
Annual CPI 2023 Rate Year 4.0%
Proposed Residential Increase: 0.0%
Proposed Commercial Increase: 0.0%
Total w Used Oil
Cart Service - one each refuse, recycling, and green waste cart 23.87 $ per month $ 23.93 Additional Refuse Cart $ per month 14.91
Additional Recycling Cart at 50% of extra refuse rate $ per month 7.46 Additional Orgaincs Waste Cart at 50% of extra refuse rate $ per month 7.46 Additional Overage pickup for Automated Cart Customers $ per month 7.46 Additional Bulky item pickups (in excess of three per year) $ per month 29.87 Used Oil/Filter Collection per Eligible Home $ per month 0.06 Total w Used Oil
First Unit $ per month 23.87 $ 23.93
Units 2-15 $ per month 14.56 $ 14.62
Units 16-30 $ per month 13.11 $ 13.17
Units 31-50 $ per month 11.71 $ 11.77
Units 51-75 $ per month 10.75 $ 10.81
First Unit $ per month 23.87 $ 23.93
Units 2-5 $ per month 12.41 $ 12.47
Units 6-10 $ per month 11.71 $ 11.77
Units 11-20 $ per month 11.23 $ 11.29
Units 21-30 $ per month 10.75 $ 10.81
Units 31-50 $ per month 9.79 $ 9.85
Units 51-100 $ per month 9.31 $ 9.37
123 4 56
96-gallon $ 41.65 $ 70.38 $ 99.07 $ 127.82 $ 156.54 $ 185.23 $ 21.54 2 cubic yard $ 106.26 $ 192.42 $ 278.57 $ 364.74 $ 450.89 $ 537.08 $ 28.37 3 cubic yard $ 120.61 $ 221.15 $ 321.66 $ 422.18 $ 522.69 $ 623.24 $ 32.23 4 cubic yard $ 134.98 $ 249.87 $ 364.74 $ 479.62 $ 594.48 $ 709.35 $ 37.70 5 cubic yard $ 252.74 $ 374.82 $ 504.03 $ 633.29 $ 762.53 $ 891.76 $ 43.75 6 cubic yard $ 300.14 $ 436.53 $ 580.15 $ 723.74 $ 867.33 $ 1,010.94 $ 50.33 123 4 56
4 yard compactor $ 228.95 $ 437.77 $ 646.59 $ 855.43 $ 1,064.25 $ 1,273.07 $ 140.92 2 yard compactor $ 174.52 $ 315.61 $ 456.87 $ 598.18 $ 739.48 $ 880.81 $ 46.53 1 2 3 4 5 6 EXTRA PU
35 Gal Food $ 41.65 $ 83.30 $ 124.97 $ 166.62 $ 208.27 $ 249.92 $ 21.54 60 Gal Food $ 41.65 $ 83.30 $ 124.97 $ 166.62 $ 208.27 $ 249.92 $ 21.54 2 cubic yard $ 168.28 $ 336.56 $ 504.87 $ 673.15 $ 841.43 $ 1,009.70 $ 87.09 1 2 3 4 5 6 EXTRA PU
90 Gal Green (MF) $ 41.65 $ 83.30 $ 124.97 $ 166.62 $ 208.27 $ 249.92 $ 21.54 300 Gal Green (MF) $ 124.97 $ 249.92 $ 374.90 $ 499.87 $ 624.83 $ 749.78 $ 64.67 1 2 3 4 5 6 EXTRA PU
96-gallon $ 31.24 $ 52.79 $ 74.30 $ 95.87 $ 117.41 $ 138.92 $ 16.16 2 cubic yard $ 79.70 $ 144.32 $ 208.93 $ 273.56 $ 338.17 $ 402.81 $ 21.28 3 cubic yard $ 90.46 $ 165.86 $ 241.25 $ 316.64 $ 392.02 $ 467.43 $ 24.17 4 cubic yard $ 101.24 $ 187.40 $ 273.56 $ 359.72 $ 445.86 $ 532.01 $ 28.28 Comm Recy Service
Container Size
Monthly Rate (75% of MSW as of 7/1/23)
Organics Service
Container Size
Monthly Rate
Multi-Family Organics
Container Size
Monthly Rate
Compactor Service
Container Size
Monthly Rate (Based on pickups per week)
MSW Service
Container Size
Monthly Rate (Based on pickups per week) Rate per Extra P/U Trailer Courts and Mobile Home Parks Rate
Bin and Commercial Cart Rates
Residential Service Rate
Apartment Houses, Courts and Similar Dwellings Rate
Exhibit 2
Solid Waste Collection Rate Schedule, Calculated by CR&R, Updated May 10, 2023 2-1

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Attachment: Attachment 2 - 2023 El Centro Rate Adjustment Review Letter (5923 : CR&R routine rate increase 2023/2024) Rate
Standard Roll-Off Box - Rate per pull 263.87 $
Compactor Roll-Off Box - Rate per Pull (excluding rental) 352.35 $ COD Roll-off 10 or 40-yard (up to 10 tons) - C&D Processing 1,053.63 $ COD Roll-off 10 or 40-yard (up to 10 tons) - Landfill 931.25 $ Tonnage Charge, per ton (refuse) 66.74 $
Tonnage Charge, per ton (construction and demolition debris) 78.98 $ Recyclable Material Roll-Off Service 150% of Pull Rate
Overweight per Ton Charge (per ton beyond 10 tons/load) 150% of Gate Rate Roll-Off Box Rental Charge - per day for each day beyond 14 days $ 22.11 Dry Run - pickup of empty roll-off box 147.43 $
Blocked Pickup $ 73.70
Overweight compactor transportation fee 578.75 $
Compactor Cleanin
g Service $ 378.31
Including all fees retained by, or paid to, City.

Rate Per
Servic
e
Temporary Bin Services:
3 cubic yard bin, per dump $ 71.78
4 cubic yard bin, per dump $ 86.15
6 cubic yard bin, per dump $ 129.24
Bin rental (when less than one dump each 14 day period) 43.09 $ Blocked pickup $ 50.27
Locking Bins - monthly service charge:
1x week $ 7.18
2x week $ 14.35
3x week $ 21.54
4x week $ 28.74
5x week $ 35.89
6x week $ 43.09
Other Commercial
Services:

Rate per
Service
Cart Redelivery Fee – Stop Service, per occurrence $ 27.82 Cart Replacement Fee – After 1 free per 12-month period (Customer Damaged or Stolen) $ 57.78 Service Category
Roll-Off Box Charges
Exhibit 2
Solid Waste Collection Rate Schedule, Calculated by CR&R, Updated May 10, 2023 2-2

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Attachment: Attachment 2 - 2023 El Centro Rate Adjustment Review Letter (5923 : CR&R routine rate increase 2023/2024) DUE BY MARCH 30TH

PRELIM ANNUAL PER AGREEMENTUSING DECEMBER PER HFH,
A BC 05/28/2021-HFH STATED TO LEAVE OLD INDEX WITH PRELIMINARY INDEX VALUE AS APPROVED VALUE FOR NEW CALCULATIONS IN 2022/2023 Line Adjustment Factor Index Old Index Value (P) New Index Value 0 1 Labor (1) 156.451 171.662 9.7% PRELIM - DEC ECU12542I doesn’t exist, using PCU5621115621112 Fuel (2) 346.234 419.191 21.1% PRELIM - DEC WPU057303 - same 3 Equipment (3) 154.071 158.288 2.7% PRELIM - DEC PCU3361203361201 noted is differrent from prior using PCU3361203361204 Insurance (4) 143.873 147.526 2.5% PRELIM - DEC PCU524---524--- same5 Disposal (5) 283.908 300.113 5.7% FINAL - DEC CUUR0000SA0L1E same6 All Other (5) 283.908 300.113 5.7% FINAL - DEC CUUR0000SA0L1E same (F) Final Index Value
DEF
Line
Adjustment Factor Index Initial Cost Component (6) Cost Factor Category Weighted as % of Component Total (7) Percent Change in Index from Column (C) Total Weighted Change 7 Labor (1) $ 882,878 23.00% 9.70% 2.20%8 Fuel (2) $ 221,575 8.00% 21.10% 1.70%9 Equipment (3) $ 558,424 11.00% 2.70% 0.30% 10 Insurance (4) $ 20,726 3.00% 2.50% 0.10%11 Disposal (5) 851,240 32.00% 5.70% 1.80%12 All Other (5) $ 1,217,334 23.00% 5.70% 1.30%13 Total $ 3,752,176 100.00% 7.40% Maximum allowed per contract 4.00% Third Amendment 4.00% CAP No carryover listed
G HIJ
Line Rate Category Existing Customer Rate
Total Weighted
Percentage Change
(Row 13 Column F)
Rate Increase or
Decrease
(Column G x Column
H)
Adjusted Monthly
Rate (Column G +
Column I)
14 Standard Service 4.0% $ - $ -
15 Second Unit 4.0% $ - $ -
16 Trailer Court 2nd unit 4.0% $ - $ -17 Extra Refuse Cart 4.0% $ - $ - 18 Overage Pickup 4.0% $ - $ -
19 3 yard bin, 1 pickup/wk 4.0% $ - $ -
20 3 yard bin, 2 pickup/wk 4.0% $ - $ -
21 3 yard bin, 3 pickup/wk 4.0% $ - $ -
K LMNO
Line
Adjustment Factor Index Cost Component (Column D)
Percentage Change
as Applied to Rate
Adjustment (Column
E)
Increase In Cost
Components
(Column K x Column
L)
Cost Component
Increased (Column K
+ Column M)
Cost Components
Reweighed to Equal
100% for Future
Adjustments
22 Labor (1) 23.0% 9.7% 2.2% 25.2% 23.5%
23 Fuel (2) 8.0% 21.1% 1.7% 9.7% 9.0%24 Equipment (3) 11.0% 2.7% 0.3% 11.3% 10.5% 25 Insurance (4) 3.0% 2.5% 0.1% 3.1% 2.9%26 Disposal (5) 32.0% 5.7% 1.8% 33.8% 31.5% 27 All Other (5) 23.0% 5.7% 1.3% 24.3% 22.6%
28 Total 100.0% 107.4% 100.0% 100.0% check
Prior Notes - same as Exhibit Rate Adjustment Section Indexes:(1) Producer Price Index, PCU562111562111,Solid Waste Collection (1) Employment Cost Index, ECU12542I not seasonally adjusted, Total compensation, Private indudstry, Index number, Electric, gas, and sanitary services (2) Producer Price Index, WPU057303 not seasonally adjusted, Fuels and related products and power, #2 diesel fuel. (2) Producer Price Index, WPU057303 not seasonally adjusted, Fuels and related products and power, #2 diesel fuel.(3) Producer Price Index, PCU336120336120, Heavy duty truck mfg (3) Producer Price Index, PCU3361203361201, Heavy duty truck mfg, Trucks, tractors, and bus chassis, 14,001 to 33,000 lbs(4) Producer Price Index, PCU524---524---, Insurance carriers and related activities (4) Producer Price Index, PCU524---524---, Insurance carriers and related activities(5) Consumer Price Index for All Urban Consumers (CUUR0000SA0L1E), not seasonally adjusted,all items less food and enrgy index - U.S. city average. (5) Consumer Price Index for All Urban Consumers (CUUR0000SA0L1E), all items less food and enrgy index - U.S. city average. (6) After the first rate adjustment, this column comes from Column O of the previous year's rate adjustment worksheet. (6) After the first rate adjustment, this column comes from Column O of the previous year's rate adjustment worksheet.December Final Step Five: Re-weight Cost Components
El Centro
2023 Rate Adjustment
Single Family & Commercial Rate Calculation
Step One: Calculate percentage change in indices
Step Two: Determine Components
Step Three: Apply Percentage Change to Rates
Exhibit 3
FY 2023-24 CR&R Rate Adjustment Calculations, Updated May 10, 2023 3-1

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Attachment: Attachment 2 - 2023 El Centro Rate Adjustment Review Letter (5923 : CR&R routine rate

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Attachment: Attachment 2 - 2023 El Centro Rate Adjustment Review Letter (5923 : CR&R routine rate 2/20/23, 1:35 PM Bureau of Labor Statistics Data
https://data.bls.gov/pdq/SurveyOutputServlet 1/1
Databases, Tables & Calculators by Subject
Change Output Options: From: 2013 To: 2023
include graphs include annual averages
Data extracted on: February 20, 2023 (4:35:10 PM)
CPI for All Urban Consumers (CPI-U)
Series Id: CUUR0000SA0L1E
Not Seasonally Adjusted
Series Title: All items less food and energy in U.S. city average, all urban consumers, not seasonally adjusted Area: U.S. city average
Item: All items less food and energy
Base Period: 1982-84=100
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2013 231.612 232.432 233.052 233.236 233.462 233.640 233.792 234.258 234.782 235.162 235.243 235.000 233.806 232.906 234.706 2014 235.367 236.075 236.913 237.509 238.029 238.157 238.138 238.296 238.841 239.413 239.248 238.775 237.897 237.008 238.785 2015 239.248 240.083 241.067 241.802 242.119 242.354 242.436 242.651 243.359 243.985 244.075 243.779 242.247 241.112 243.381 2016 244.528 245.680 246.358 246.992 247.544 247.794 247.744 248.278 248.731 249.218 249.227 249.134 247.602 246.483 248.722 2017 250.083 251.143 251.290 251.642 251.835 252.014 251.936 252.460 252.941 253.638 253.492 253.558 252.169 251.335 253.004 2018 254.638 255.783 256.610 257.025 257.469 257.697 257.867 258.012 258.429 259.063 259.105 259.083 257.565 256.537 258.593 2019 260.122 261.114 261.836 262.332 262.590 263.177 263.566 264.169 264.522 265.059 265.108 264.935 263.211 261.862 264.560 2020 266.004 267.268 267.312 266.089 265.799 266.302 267.703 268.756 269.054 269.328 269.473 269.226 267.693 266.462 268.923 2021 269.755 270.696 271.713 273.968 275.893 278.218 279.146 279.507 279.884 281.617 282.754 283.908 277.255 273.374 281.136 2022 285.996 288.059 289.305 290.846 292.506 294.680 295.646 297.178 298.442 299.315 299.600 300.113 294.307 290.232 298.382 2023 301.962
12-Month Percent Change
Series Id: CUUR0000SA0L1E
Not Seasonally Adjusted
Series Title: All items less food and energy in U.S. city average, all urban consumers, not seasonally adjusted Area: U.S. city average
Item: All items less food and energy
Base Period: 1982-84=100
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2013 1.9 2.0 1.9 1.7 1.7 1.6 1.7 1.8 1.7 1.7 1.7 1.7 1.8 1.8 1.7 2014 1.6 1.6 1.7 1.8 2.0 1.9 1.9 1.7 1.7 1.8 1.7 1.6 1.7 1.8 1.7 2015 1.6 1.7 1.8 1.8 1.7 1.8 1.8 1.8 1.9 1.9 2.0 2.1 1.8 1.7 1.9 2016 2.2 2.3 2.2 2.1 2.2 2.2 2.2 2.3 2.2 2.1 2.1 2.2 2.2 2.2 2.2 2017 2.3 2.2 2.0 1.9 1.7 1.7 1.7 1.7 1.7 1.8 1.7 1.8 1.8 2.0 1.7 2018 1.8 1.8 2.1 2.1 2.2 2.3 2.4 2.2 2.2 2.1 2.2 2.2 2.1 2.1 2.2 2019 2.2 2.1 2.0 2.1 2.0 2.1 2.2 2.4 2.4 2.3 2.3 2.3 2.2 2.1 2.3 2020 2.3 2.4 2.1 1.4 1.2 1.2 1.6 1.7 1.7 1.6 1.6 1.6 1.7 1.8 1.6 2021 1.4 1.3 1.6 3.0 3.8 4.5 4.3 4.0 4.0 4.6 4.9 5.5 3.6 2.6 4.5 2022 6.0 6.4 6.5 6.2 6.0 5.9 5.9 6.3 6.6 6.3 6.0 5.7 6.2 6.2 6.1 2023 5.6
U.S. BUREAU OF LABOR STATISTICS
U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NE Washington, DC 20212-0001 Telephone:1-202-691-5200 Telecommunications Relay Service:7-1-1 www.bls.gov Contact Us Exhibit 3
FY 2023-24 CR&R Rate Adjustment Calculations, Updated May 10, 2023 3-3

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Attachment: Attachment 2 - 2023 El Centro Rate Adjustment Review Letter (5923 : CR&R routine rate increase 2023/2024) 2/20/23, 1:33 PM Bureau of Labor Statistics Data
https://data.bls.gov/pdq/SurveyOutputServlet 1/1
Databases, Tables & Calculators by Subject
Change Output Options: From: 2013 To: 2023
include graphs include annual averages
Data extracted on: February 20, 2023 (4:33:41 PM)
PPI Industry Data
Series Id: PCU524---524---
Series Title: PPI industry sub-sector data for Insurance carriers and related activities, not seasonally adjusted Industry: Insurance carriers and related activities
Product: Insurance carriers and related activities
Base Date: 200312
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2013 123.5 123.7 123.8 123.8 123.8 123.9 124.2 124.4 124.6 124.7 124.8 124.9 124.2 2014 125.3 125.4 125.4 125.5 125.6 125.6 125.7 125.6 125.7 125.8 126.0 126.1 125.6 2015 126.1 126.3 126.3 126.5 126.6 126.7 126.9 126.9 127.0 127.3 127.5 127.6 126.8 2016 128.6 128.7 128.8 129.1 129.1 129.1 129.4 129.5 129.5 129.9 129.9 130.1 129.3 2017 131.9 132.1 132.3 133.0 133.1 133.4 133.5 133.5 133.6 133.8 133.8 134.2 133.2 2018 136.5 136.7 137.0 137.2 137.4 137.4 138.4 138.6 138.8 138.9 138.9 139.0 137.9 2019 139.6 139.7 139.9 139.9 140.2 140.4 140.8 141.0 141.0 141.2 141.2 141.3 140.5 2020 142.7 143.0 143.2 143.1 143.2 143.4 143.4 143.3 143.3 143.2 143.2 143.3 143.2 2021 143.1 143.2 143.1 143.1 143.3 143.4 143.750 143.724 143.720 143.612 143.610 143.873 143.448 2022 145.614 145.581 145.626 145.697 145.797 145.996 146.449 146.598 146.888 147.020(P) 146.994(P) 147.568(P) 146.319(P) 2023 148.542(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months aer original publication. 12-Month Percent Change
Series Id: PCU524---524---
Series Title: PPI industry sub-sector data for Insurance carriers and related activities, not seasonally adjusted Industry: Insurance carriers and related activities
Product: Insurance carriers and related activities
Base Date: 200312
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2013 1.3 1.4 1.4 1.1 1.1 1.1 1.2 1.3 1.3 1.4 1.5 1.5 1.3 2014 1.5 1.4 1.3 1.4 1.5 1.4 1.2 1.0 0.9 0.9 1.0 1.0 1.1 2015 0.6 0.7 0.7 0.8 0.8 0.9 1.0 1.0 1.0 1.2 1.2 1.2 1.0 2016 2.0 1.9 2.0 2.1 2.0 1.9 2.0 2.0 2.0 2.0 1.9 2.0 2.0 2017 2.6 2.6 2.7 3.0 3.1 3.3 3.2 3.1 3.2 3.0 3.0 3.2 3.0 2018 3.5 3.5 3.6 3.2 3.2 3.0 3.7 3.8 3.9 3.8 3.8 3.6 3.5 2019 2.3 2.2 2.1 2.0 2.0 2.2 1.7 1.7 1.6 1.7 1.7 1.7 1.9 2020 2.2 2.4 2.4 2.3 2.1 2.1 1.8 1.6 1.6 1.4 1.4 1.4 1.9 2021 0.3 0.1 -0.1 0.0 0.1 0.0 0.2 0.3 0.3 0.3 0.3 0.4 0.2 2022 1.8 1.7 1.8 1.8 1.7 1.8 1.9 2.0 2.2 2.4(P) 2.4(P) 2.6(P) 2.0(P) 2023 2.0(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months aer original publication.

U.S. BUREAU OF LABOR STATISTICS
U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NE Washington, DC 20212-0001 Telephone:1-202-691-5200 Telecommunications Relay Service:7-1-1 www.bls.gov Contact Us Exhibit 3
FY 2023-24 CR&R Rate Adjustment Calculations, Updated May 10, 2023 3-4

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Attachment: Attachment 2 - 2023 El Centro Rate Adjustment Review Letter (5923 : CR&R routine rate increase 2023/2024) 3/13/23, 2:31 PM Bureau of Labor Statistics Data
https://data.bls.gov/pdq/SurveyOutputServlet 1/1
Databases, Tables & Calculators by Subject
Change Output Options: From: 2013 To: 2023
include graphs include annual averages
Data extracted on: March 13, 2023 (5:30:26 PM)
PPI Industry Data
Series Id: PCU336120336120
Series Title: PPI industry data for Heavy duty truck mfg, not seasonally adjusted Industry: Heavy duty truck mfg
Product: Heavy duty truck mfg
Base Date: 200312
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2013 136.1 135.8 135.6 135.2 136.1 136.9 137.1 136.8 136.9 138.0 138.6 138.3 136.8 2014 138.8 139.3 139.4 139.1 139.1 139.2 139.1 139.4 139.5 139.7 139.8 139.7 139.3 2015 140.7 140.9 141.9 141.9 141.8 141.8 142.3 142.4 142.5 142.6 142.7 142.9 142.0 2016 144.3 144.3 144.3 144.7 144.9 144.6 144.7 144.8 145.2 145.0 145.3 145.5 144.8 2017 147.9 147.6 147.5 148.2 148.3 147.3 147.6 147.8 147.4 147.0 147.4 147.6 147.6 2018 147.7 148.5 148.8 148.5 148.9 148.9 149.3 150.4 150.3 150.4 150.4 150.4 149.4 2019 150.6 150.6 150.6 150.6 150.6 150.6 151.2 151.2 151.2 151.1 151.1 151.1 150.9 2020 151.8 151.8 151.8 151.8 151.8 151.8 152.7 152.7 152.7 152.8 152.8 152.9 152.3 2021 152.9 152.9 153.0 153.2 153.2 153.5 153.499 153.835 153.835 153.888 154.071 154.071 153.497 2022 154.695 154.750 154.750 154.750 156.895 157.577 157.597 157.733 157.793 158.194(P) 158.278(P) 158.288(P) 156.775(P) 2023 158.527(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months aer original publication. 12-Month Percent Change
Series Id: PCU336120336120
Series Title: PPI industry data for Heavy duty truck mfg, not seasonally adjusted Industry: Heavy duty truck mfg
Product: Heavy duty truck mfg
Base Date: 200312
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2013 1.9 1.4 1.3 0.6 1.1 1.6 1.8 1.6 1.6 2.4 2.4 2.1 1.6 2014 2.0 2.6 2.8 2.9 2.2 1.7 1.5 1.9 1.9 1.2 0.9 1.0 1.8 2015 1.4 1.1 1.8 2.0 1.9 1.9 2.3 2.2 2.2 2.1 2.1 2.3 1.9 2016 2.6 2.4 1.7 2.0 2.2 2.0 1.7 1.7 1.9 1.7 1.8 1.8 2.0 2017 2.5 2.3 2.2 2.4 2.3 1.9 2.0 2.1 1.5 1.4 1.4 1.4 1.9 2018 -0.1 0.6 0.9 0.2 0.4 1.1 1.2 1.8 2.0 2.3 2.0 1.9 1.2 2019 2.0 1.4 1.2 1.4 1.1 1.1 1.3 0.5 0.6 0.5 0.5 0.5 1.0 2020 0.8 0.8 0.8 0.8 0.8 0.8 1.0 1.0 1.0 1.1 1.1 1.2 0.9 2021 0.7 0.7 0.8 0.9 0.9 1.1 0.5 0.7 0.7 0.7 0.8 0.8 0.8 2022 1.2 1.2 1.1 1.0 2.4 2.7 2.7 2.5 2.6 2.8(P) 2.7(P) 2.7(P) 2.1(P) 2023 2.5(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months aer original publication.

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Attachment: Attachment 2 - 2023 El Centro Rate Adjustment Review Letter (5923 : CR&R routine rate increase 2023/2024) 3/15/23, 5:05 PM Bureau of Labor Statistics Data
https://data.bls.gov/pdq/SurveyOutputServlet 1/1
Databases, Tables & Calculators by Subject
Change Output Options: From: 2013 To: 2023
include graphs include annual averages
Data extracted on: March 15, 2023 (8:04:02 PM)
PPI Industry Data
Series Id: PCU562111562111
Series Title: PPI industry data for Solid waste collection, not seasonally adjusted Industry: Solid waste collection
Product: Solid waste collection
Base Date: 200312
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2013 123.3 123.5 123.8 124.0 123.5 123.6 123.8 124.5 124.8 124.8 124.9 124.7 124.1 2014 125.3 125.7 126.3 126.5 126.4 126.3 126.9 127.7 128.2 128.6 128.4 128.1 127.0 2015 128.2 128.3 128.7 128.9 128.5 128.0 127.7 128.8 128.7 128.9 129.0 128.3 128.5 2016 129.8 130.4 131.7 132.6 132.8 132.7 132.6 133.1 133.2 133.0 132.5 132.3 132.2 2017 132.7 133.2 133.8 135.0 134.9 134.9 135.1 135.5 136.7 137.2 137.0 137.0 135.3 2018 138.7 139.9 140.7 141.7 141.0 140.3 140.6 141.1 141.3 141.6 141.6 141.5 140.8 2019 142.3 142.9 145.5 145.9 144.8 144.3 144.7 145.3 145.6 145.9 146.2 146.3 145.0 2020 147.8 148.5 149.9 150.2 149.6 148.3 148.5 149.2 150.3 151.5 151.5 151.0 149.7 2021 151.9 153.3 155.3 155.5 154.4 153.7 153.682 154.194 154.781 156.182 156.292 156.451 154.640 2022 157.216 159.419 161.793 163.654 163.583 163.487 166.915 168.119 169.273 171.277 171.509(P) 171.662(P) 165.659(P) 2023 173.971(P) 177.527(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months aer original publication. 12-Month Percent Change
Series Id: PCU562111562111
Series Title: PPI industry data for Solid waste collection, not seasonally adjusted Industry: Solid waste collection
Product: Solid waste collection
Base Date: 200312
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2013 1.6 1.6 1.2 1.2 1.1 1.5 1.7 2.0 2.0 1.8 1.8 1.8 1.6 2014 1.6 1.8 2.0 2.0 2.3 2.2 2.5 2.6 2.7 3.0 2.8 2.7 2.3 2015 2.3 2.1 1.9 1.9 1.7 1.3 0.6 0.9 0.4 0.2 0.5 0.2 1.2 2016 1.2 1.6 2.3 2.9 3.3 3.7 3.8 3.3 3.5 3.2 2.7 3.1 2.9 2017 2.2 2.1 1.6 1.8 1.6 1.7 1.9 1.8 2.6 3.2 3.4 3.6 2.3 2018 4.5 5.0 5.2 5.0 4.5 4.0 4.1 4.1 3.4 3.2 3.4 3.3 4.1 2019 2.6 2.1 3.4 3.0 2.7 2.9 2.9 3.0 3.0 3.0 3.2 3.4 3.0 2020 3.9 3.9 3.0 2.9 3.3 2.8 2.6 2.7 3.2 3.8 3.6 3.2 3.2 2021 2.8 3.2 3.6 3.5 3.2 3.6 3.5 3.3 3.0 3.1 3.2 3.6 3.3 2022 3.5 4.0 4.2 5.2 5.9 6.4 8.6 9.0 9.4 9.7 9.7(P) 9.7(P) 7.1(P) 2023 10.7(P) 11.4(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months aer original publication.

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Attachment: Attachment 2 - 2023 El Centro Rate Adjustment Review Letter (5923 : CR&R routine rate increase 2023/2024) 2/20/23, 1:24 PM Bureau of Labor Statistics Data
https://data.bls.gov/pdq/SurveyOutputServlet 1/1
Databases, Tables & Calculators by Subject
Change Output Options: From: 2013 To: 2023
include graphs include annual averages
Data extracted on: February 20, 2023 (4:23:46 PM)
PPI Commodity Data
Series Id: WPU057303
Not Seasonally Adjusted
Series Title: PPI Commodity data for Fuels and related products and power-No. 2 diesel fuel, not seasonally adjusted Group: Fuels and related products and power
Item: No. 2 diesel fuel
Base Date: 198200
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2013 318.9 342.4 321.0 318.3 307.7 304.8 311.6 319.3 328.0 318.4 307.0 314.7 317.7 2014 308.5 322.0 318.1 318.7 316.5 308.8 307.8 306.9 302.3 283.4 272.3 229.9 299.6 2015 182.6 191.5 193.1 183.8 202.6 198.7 194.0 189.2 169.4 173.5 167.4 130.8 181.4 2016 119.2 113.4 119.4 123.6 144.4 155.4 157.6 149.8 163.1 159.7 157.0 158.8 143.5 2017 161.1 163.5 161.3 162.9 173.6 171.5 179.6 188.9 204.2 213.5 223.7 223.8 185.6 2018 229.4 226.5 224.8 231.8 251.1 261.4 256.9 254.3 262.5 271.7 264.8 232.7 247.3 2019 201.1 218.3 239.3 237.7 235.0 204.4 220.0 207.2 218.4 220.5 223.1 231.1 221.3 2020 214.5 193.3 169.7 123.6 108.3 137.8 179.2 191.0 177.5 187.3 201.1 224.6 175.7 2021 232.9 264.4 304.1 282.0 318.8 317.8 326.966 322.279 334.175 374.107 366.731 346.234 315.869 2022 365.449 415.354 503.052 528.256 587.939 665.720 568.603 497.425 548.658 605.641(P) 585.306(P) 419.191(P) 524.216(P) 2023 448.818(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months aer original publication. 12-Month Percent Change
Series Id: WPU057303
Not Seasonally Adjusted
Series Title: PPI Commodity data for Fuels and related products and power-No. 2 diesel fuel, not seasonally adjusted Group: Fuels and related products and power
Item: No. 2 diesel fuel
Base Date: 198200
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2013 -1.0 4.0 -6.8 -6.2 -5.6 3.2 4.3 -1.5 -4.2 -9.3 -5.2 -0.9 -2.6 2014 -3.3 -6.0 -0.9 0.1 2.9 1.3 -1.2 -3.9 -7.8 -11.0 -11.3 -26.9 -5.7 2015 -40.8 -40.5 -39.3 -42.3 -36.0 -35.7 -37.0 -38.4 -44.0 -38.8 -38.5 -43.1 -39.5 2016 -34.7 -40.8 -38.2 -32.8 -28.7 -21.8 -18.8 -20.8 -3.7 -8.0 -6.2 21.4 -20.9 2017 35.2 44.2 35.1 31.8 20.2 10.4 14.0 26.1 25.2 33.7 42.5 40.9 29.3 2018 42.4 38.5 39.4 42.3 44.6 52.4 43.0 34.6 28.6 27.3 18.4 4.0 33.2 2019 -12.3 -3.6 6.5 2.5 -6.4 -21.8 -14.4 -18.5 -16.8 -18.8 -15.7 -0.7 -10.5 2020 6.7 -11.5 -29.1 -48.0 -53.9 -32.6 -18.5 -7.8 -18.7 -15.1 -9.9 -2.8 -20.6 2021 8.6 36.8 79.2 128.2 194.4 130.6 82.5 68.7 88.3 99.7 82.4 54.2 79.8 2022 56.9 57.1 65.4 87.3 84.4 109.5 73.9 54.3 64.2 61.9(P) 59.6(P) 21.1(P) 66.0(P) 2023 22.8(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months aer original publication.

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Attachment: Attachment 2 - 2023 El Centro Rate Adjustment Review Letter (5923 : CR&R routine rate increase 2023/2024)

NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF EL

CENTRO REGARDING ESTABLISHING RATES FOR THE COLLECTION,

TRANSPORTATION, RECYCLING, PROCESSING, AND DISPOSAL OF SOLID WASTE FOR FISCAL YEAR 2023-2024 IN THE CITY OF EL CENTRO
NOTICE HEREBY IS GIVEN THAT on Tuesday June 6, 2023, at the City Council Chambers, 1275 Main St., El Centro, at 6:00 p.m. (or as soon thereafter as the agenda permits), the City Council of the City of El Centro will hold a public hearing to consider establishing new rates for the collection, transportation, recycling, processing, and disposal of solid waste for fiscal year 2023-2024.

The prior rate increase occurred July 1, 2022. As explained at the time of that increase and revised franchise agreement, each year CR&R may request an annual increase not to exceed four percent 4% commencing July 1, 2023 to June 30, 2027. Such increase may be provided in the amount requested, or less, as determined by the City Council with the advice of its independent consultant.

A 4%rate increase is proposed for residential solid waste collection and related services as provided by the franchise agreement (i.e. residential cart service, which includes the blue, green and black carts, would increase from $22.95 to $23.87per month). A 4%rate increase is also proposed for commercial bin and cart rates; rates vary by bin size. . Roll-off service is proposed to increase 4%.

Copies of the complete list of proposed new rates, along with documents relating to the calculation of such proposed rates as required by the franchise agreement and verified by the City’s independent consultant, and are on file for inspection in the Office of the City Clerk, City of El Centro, at City Hall, 1275 Main Street, El Centro, California. If approved, the rate changes will be effective July 1, 2023.

At the public hearing, the City Council will hear all comments regarding this proposed rate increase. All interested persons are invited to attend. Failure to raise an objection at this hearing may result in your inability to protest such rate increase in the future. For any question, please call Frank Pacheco at 760- 337-3177.

Dated: __________
Norma Wyles, CMC
City Clerk

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Attachment: Attachment 3 - Notice of Public Hearing (English) (5923 : CR&R routine rate increase 2023/2024)

AVISO DE AUDENCIA

PUBLICA
AVISO DE AUDIENCIA PÚBLICA ANTE EL CONCEJO MUNICIPAL DE LA CIUDAD

DE EL CENTRO SOBRE EL ESTABLECIMIENTO DE TARIFAS PARA LA RECOLECCIÓN, TRANSPORTE, RECICLAJE, PROCESAMIENTO Y DISPOSICIÓN DE RESIDUOS SÓLIDOS PARA EL AÑO FISCAL 2023-2024 EN LA CIUDAD DE EL CENTRO
POR LA PRESENTE SE NOTIFICA QUE el martes 6 de junio de 2023, en la Cámara del Concejo Municipal, 1275 Main St., El Centro, a las 6:00 p.m. (o tan pronto como la agenda lo permita), el Concejo Municipal de la Ciudad de El Centro realizará una audiencia pública para considerar establecer nuevas tarifas para la recolección, transporte, reciclaje, procesamiento y disposición de residuos sólidos para el año fiscal 2023- 2024.

El último aumento de tarifas ocurrió el 1 de julio de 2022. Como se explicó en el momento de ese aumento y en el contrato de franquicia revisado, cada año CR&R puede solicitar un aumento anual que no exceda el cuatro por ciento 4% a partir del 1 de julio de 2023 hasta el 30 de junio de 2027. Se puede proporcionar un aumento en la cantidad solicitada, o menos, según lo determine el Concejo Municipal con el asesoramiento de su consultor independiente.

Se propone un aumento de la tarifa del 4 % para la recolección de desechos sólidos residenciales y los servicios relacionados según lo estipulado en el contrato de franquicia (es decir, el servicio de recolección de residuos residencial, que incluye los contenedores azul, verde y negro, aumentaría de $22.95 a $23.87 por mes). También se propone un aumento de la tarifa del 4% para las tarifas de contenedores y carros comerciales; las tarifas varían según el tamaño del contenedor. El servicio de roll-off también se propone incrementar un 4%.

Copias de la lista completa de las nuevas tarifas propuestas, junto con los documentos relacionados con el cálculo de dichas tarifas propuestas según lo exige el contrato de franquicia y verificado por el consultor independiente de la Ciudad están archivadas para su inspección en la Oficina de la Secretaria Municipal, Ciudad de El Centro, en el Ayuntamiento, 1275 Main Street, El Centro, California. Si se aprueba los cambios de tarifas, estas entrarán en vigencia el 1 de julio de 2023.

En la audiencia pública, el Concejo Municipal escuchará todos los comentarios sobre este aumento de tarifa propuesto. Todas las personas interesadas están invitadas a asistir. Si no presenta una objeción en esta audiencia, es posible que no pueda protestar por dicho aumento de tarifas en el futuro. Para cualquier pregunta, llame a Frank Pacheco al 760-337-3177.

Fecha: __________
Norma Wyles, CMC
City Clerk

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Attachment: Attachment 4 - Notice of Public Hearing (Spanish) (5923 : CR&R routine rate increase 2023/2024) EXHIBIT A – Contract History
Rate Increases 2007-2021 (non-SB1383 scope of work):

1. July 16, 2008, Resolution 08-71. Council approved CR&R’s first request for rate increases. Residential rates increased by 5.5%

2. July 6, 2010, Resolution 10-76. Council approved CR&R’s second request for rate increases. Residential rates increased by 4.4%

3. July 19, 2011, Resolution 11-110. Council approved CR&R’s third request for rate increase. Residential rates increased by 4.0%

4. July 17, 2012, Resolution 12-97. Council approved CR&R’s fourth request for rate change for the new rates to commence July 1, 2012. Residential rates were reduced by 0.9%

5. June 18, 2013, Resolution 13-48. City Council approved CR&R’s fifth request for rate increase to commence July 1, 2013. Residential rates increased by 1.7%

6. June 17, 2014, Resolution 14-50. City Council approved CR&R’s sixth request for rate increase to commence July 1, 2014. Residential rates increased by 1.5%

7. June 19, 2018, Resolution 18-57. City Council approved CR&R’s seventh request for rate increase to commence July 1, 2018. Residential rates increased by 4.0%

8. June 18, 2019, Resolution 19-48. City Council approved CR&R's eighth request for rate increase to commence July 1, 2019. Residential rates increased by 2.7%

9. June 16, 2020, Resolution 20-52. City Council approved CR&R's ninth request for rate increase to commence July 1, 2020. Residential rates increased by 2.1%

10. June 15, 2021, Resolution 21-58. City Council approved CR&R's tenth request for rate increase to commence July 1, 2021. Residential rates increased by 1.2% * Note - no rate increases occurred during FY 2016, 2017 and 2018.

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Attachment: EXHIBIT A Contract History (5923 : CR&R routine rate increase 2023/2024) City Council of the City of El Centro Meeting: 06/06/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Budget
Prepared By: Karla Chaparro
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 5901) DOC ID: 5901
Budget Workshop Fiscal Year 2024 - General Fund
CITY MANAGER’S RECOMMENDATION:

For discussion
FISCAL IMPACT:

As discussed.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

The General Fund budget includes allocations to fund the operations directly involved in the strategic plan goals of:
➢ Financial & Governance Stability
➢ Environmental Sustainability
➢ Community Health, Safety & Welfare
➢ Recreation & Lifelong Learning
➢ City Beautification
➢ Engagement & Civic Pride
➢ Economic Opportunity
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Not applicable.

BACKGROUND:

It is the policy of the City of El Centro to prepare an annual budget reflecting proposed expenditures and the revenues to be used to fund those expenditures. This is the first budget workshop for the fiscal year 2023-2024 and includes the General Fund budget.

DISCUSSION: BUDGET FISCAL YEAR 2024 - Detail
Revenues
Projected ongoing operating revenues for fiscal year 2022-2023 total are estimated to be $34,223,839. Estimated ongoing operating revenues for fiscal year 2023-2024 total $34,478,668; this amount is $254,829 more than the amount that was projected for fiscal year 2022-2023.

1. Sales Tax is the single largest revenue source for the City. Sales tax was $14.7 million in fiscal year 2021, and $16.3 million in fiscal year 2022. The amount projected for fiscal year 2023 is $16.4 million. The amount estimated for fiscal year 2024 is $16.6 million.
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Action Item (ID # 5901) Meeting of June 6, 2023
The following are the historical sales tax revenues:

FY 2017 - $11.9 million
FY 2018 - $12.5 million
FY 2019 - $13.1 million
FY 2020 - $12.8 million
FY 2021 - $14.7 million
FY 2022 - $16.3 million
FY 2023 - $16.4 million (Projected)
FY 2024 - $16.6 million (Budget Estimate)

2. Motor Vehicle in Lieu Tax is the second largest revenue source for the City.

Revenues from this source have been as follows:

FY 2017 - $4.1 million
FY 2018 - $4.2 million
FY 2019 - $4.4 million
FY 2020 - $4.5 million
FY 2021 - $4.8 million
FY 2022 - $4.9 million
FY 2023 - $5.2 million (Projected)
FY 2024 - $5.3 million (Budget Estimate)

3. Property Tax is the third major revenue source for the City. Property taxes were $3.2 million in fiscal year 2017, $3.6 million in fiscal year 2018, $3.7 million fiscal year 2019, $3.9 million in fiscal year 2020, $4.1 million in fiscal year 2021, and $4.2 million in fiscal year 2022. The amount projected for fiscal year 2023 is $4.2 million. The amount budgeted for fiscal year 2024 is $4.3 million.

4. Transient Occupancy Tax is the fourth largest revenue source for the City.

Transient occupancy tax receipts were $2.2 million in fiscal year 2021, and $2.4 million in fiscal year 2022. The amount projected for fiscal year 2023 is $2.5 million. The amount budgeted for fiscal year 2024 is also $2.5 million.

5. Building Fees were $549,840 in fiscal year 2020, $647,707 in fiscal year 2021, and $812,855 in fiscal year 2022. The amount projected for fiscal year 2023 is $617,140. The amount budgeted for fiscal year 2024 is $624,140.

Expenditures
The preliminary Fiscal Year 2024 budget includes expenditures in the total amount of $38.5 million. The allocation is as follows:
78% - Salaries, Benefits, Overtime
20% - Supplies & Services
2% - Capital
Expenditures exceed projected revenues by $4 million.
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Action Item (ID # 5901) Meeting of June 6, 2023
Total expenditures Net of Revenues
FY 2024 - $38,514,068 ($4,035,400)
The following are some of the items included in the budget for fiscal year 2024:
• Liability & Property Insurance $1.7 Million
• Skate Park - Janitorial Contract and Landscaping Services $31,304 • Library - Janitorial Contract $51,400
• Library Director Contract $175,008
• Adult Center, PO Pavilion, Community Center - Janitorial Contracts $51,112 • Legal Professional Services $400,000
• IVRMA Annual Dues $97,000
• Street Lighting Cost $420,000
• Parks - Janitorial Contract and Landscaping Services $465,000 • Aquatic Center $1.3 Million
• Police Programs: (Explorer Program $20,000; Volunteer Program $15,000) $35,000 • LAFCO Annual Dues $173,000
• Contributions: (IVEDC $2,000; SBDC $2,000; Film Commission $1,000) $5,000 CalPERS
CalPERS pension costs have been an ongoing concern due to the continuous increases the City has seen in the past. The factors that have driven past pension cost increases are the following: actuarial assumptions, decreases in the CalPERS discount rate, amortization policy, and CalPERS low investment returns.

Per CalPERS’s latest valuation released in July 2022, the City of El Centro will see a decrease in pension costs of approximately $552,299 in the next five years. The main factor driving this reduction is the declining costs in the unfunded accrued liability payment required per plan each fiscal year. The amount allocated for pension costs in fiscal year 2024 is $6.7 million and represents 17% of the General Fund budget.

Capital Expenditures
The amount of capital requested for general fund activities totaled $3.4 Million, of which $2,622,715 was not included in the 2024 budget. The amount recommended with this budget is $758,999.

The following is the listing of the requested capital items included in the fiscal year 2024 budget:

1. City Hall File Server - IT - $18,238

2. NS1 and NS2 Servers (2) - IT - $14,990

3. Copy Machine - Facility Maintenance - $6,000

4. Industrial Shelves (10) - Facility Maintenance - $3,500

5. Tool Boxes (4) - Facility Maintenance - $6,000

6. Roll-Up Door - Facility Maintenance - $7,000
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Action Item (ID # 5901) Meeting of June 6, 2023

7. Office Chairs (10) - Facility Maintenance - $2,500

8. Patrol Vehicles (2) - Police - $220,000

9. General Service Vehicles (1) - Police - $75,000

10.Computer - Police - $2,500

11.EOTEC Short Barrel Rifle Sights (24) - Police - $13,000

12.Mobile Handheld Radios (12) - Communications - $90,930

13.Computer Server UPS Back-Up Batteries - Communications - $25,000

14.Parking Lot Repair/Overlay Project (2) - Fire - $62,000

15.Heated Pressure Washer - Fire - $8,191

16.Cold Pressure Washer and Stand - Fire - $5,305

17.Narcbox Narcotic Control - Fire - $12,500

18.Unimac Structural Gear Waster - Fire - $18,000

19. Ballistic Armor Inserts (16) - Fire - $12,512

20.Scott SCBA Ska-Paks (4) - Fire - $12,500

21.QRAE-3 Gas Monitors (5) - Fire - $4,840

22.Commercial Reverse Osmosis System - Fire - $10,113

23.Computers (2) - Fire - $4,964

24.Message Board - Street Maintenance - $9,500

25.Skid-Steer Loader - Street Maintenance - $20,000

26.Desk Furniture - Building Regulation - $5,616

27.Vehicle - Planning - $30,000

28.Computers (5) - Community Center - $6,500

29. Desk Workstations (2) - Community Center - $11,000

30. Desk Workstation Chairs (4) - Community Center - $800

31. Security Cameras - Youth Center - $16,000

32. Security Cameras - Sports Pavilion - $15,000

33. Copy Machine - Economic Development - $9,000
Total Capital Supplies & Equipment Recommended: $758,999 Personnel Expenditures
There were requests for 11 new positions and 4 reclassifications. The total cost for all new positions requested is $1,245,198 and $51,303 for all reclassifications requested. A total of 2 new positions are being recommended in this budget. The additional cost to fund these positions is $191,139. A total of 4 positions are being recommended for reclassification in this budget. The additional cost to fund these reclassifications is $42,872.

The following is the listing of the requested new positions and reclassifications included in the fiscal year 2024 budget:
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Action Item (ID # 5901) Meeting of June 6, 2023
New Positions
Police ($103,702)
• ADD - (1) Civilian Supervisor
Building ($87,437)
• ADD - (1) Building Inspector
Reclassifications
Facility Maintenance ($15,872)
• RECLASSIFY - (2) Custodian I to Custodian II
Recreation ($4,625)
• RECLASSIFY - (.5) Staff Assistant to Executive Assistant Community Center ($4,625)
• RECLASSIFY - (.5) Staff Assistant to Executive Assistant Adult Center ($17,750)
• RECLASSIFY - (1) Adult Center Coordinator from Wage Table position G6 to G10
Challenges
1) Increase in personnel costs due to a projected 5% - 6% increase in base salaries. The following three items were considered in this projection:
a. Any applicable step increases (previously negotiated). b. A 2% Cost of Living Adjustment to Wage Tables (previously negotiated).
c. Projections are based on wage tables adopted and implemented in fiscal year 2022-2023. These wage tables replaced historical 10- step tables with 5-step tables. Placing employees on their new step based upon the 5-step table also had a cost impact which is reflected in the 5% - 6% increase.
2) Decline in the level of Fund Balance as a result of an increase in costs of supplies and services due to rising inflation.
3) Decline in the level of Fund Balance as a result of proposed additional personnel aimed at addressing the rising demand for services related to recreational facilities, street beautification, and City growth support. 4) Increasing capital outlay costs due to the inevitable need to replace obsolete and failing capital items such as vehicles, computers, heavy 10 Packet Pg. 96
Action Item (ID # 5901) Meeting of June 6, 2023
equipment, furniture, IT infrastructure, etc.

SUMMARY
Projected revenues are increasing at a much slower rate than are expenditures, therefore causing expenditures to exceed revenues. In fiscal year 2024, this anticipated shortfall will be funded by the City’s Fund Balance. While the City has a moderately sized Fund Balance that can fund the projected deficit in fiscal year 2024, funding an ongoing deficit out of the City’s fund balance is not sustainable in the long run. This is a forward-looking challenge that will need to be addressed when developing the budget for future fiscal years.
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City Council of the City of El Centro Meeting: 06/06/23 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Agreement
Prepared By: Angel Hernandez
SCHEDULED Department Head: Angel Hernandez
RESOLUTION (ID # 5989) DOC ID: 5989
Discussion and any necessary action regarding a
professional services agreement with KTUA for the Imperial Avenue Complete Streets Plan project.

CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 23- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO APPROVING A CONSULTING AGREEMENT WITH KTUA FOR THE

IMPERIAL AVENUE COMPLETE STREETS PLAN
FISCAL IMPACT:

Consultant agreement in the amount of $329,050. $291,386 of project costs will be funded from the Caltrans Sustainable Transportation Planning Grant award and the remaining $37,864 to be from a local match from Measure P.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal 2: Ensure the city’s infrastructure is enhanced and maintained to support existing and future development through innovative and sustainable principles.

Action 2.2 Prepare for the relinquishment of Highway 86 while considering associated long-term costs to the City.

Action 2.4 Coordinate with the City of Imperial for improvements on shared roadways
Action 2.5 Implement Mobility Element recommendations, such as pedestrian crosswalk treatment criteria, Local Road Safety Plan, neighborhood traffic calming program.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

KTUA successfully completed the Active Transportation/Safe Routes to School Plan in 2019 to the satisfaction of City staff. Prior to commencement of work, the selected consultant will obtain a City of El Centro Business license and satisfy insurance requirements.

BACKGROUND:

The City of El Centro was awarded a grant from the Caltrans Sustainability Transportation Planning Grant Program in the amount of $300,000. The grant is to prepare the Imperial Avenue Complete Streets Plan which would result in a conceptual design of Imperial Avenue from Adams Avenue to the Northern City Limits. The goal of the project is to have sufficient data, plans, and public engagement to be competitive for infrastructure grants like the State Active Transportation Program grant program. 11 Packet Pg. 98
Resolution (ID # 5989) Meeting of June 6, 2023
DISCUSSION:

A request for proposals (RFP) was released on March 31, 2023 with proposals due on April 28, 2023. A total of four proposals were received by the deadline. Staff reviewed the proposals based on the scoring criteria included in the RFP and selected the top three scoring proposals to be interviewed. Participating in the interviews were Public Works Director, Abraham Campos; Community Development Director, Angel Hernandez; Associate Planner, Andrea Montaño; and Associate Engineer, Felix de Leon Jr. Firms were scored during the interview based on the scoring criteria included in the RFP. Below is the ranking of the top three firms after interviews:

1. KTUA Score: 180.83

2. Chen Ryan & Associates Score: 178.42

3. KDI Score: 119.00
City staff recommends approval of a contract to KTUA for transportation planning services related to the Imperial Avenue Complete Streets Plan.

CONCLUSION:

Adopt Resolution No. 23- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO APPROVING A CONSULTING AGREEMENT WITH KTUA FOR THE

IMPERIAL AVENUE COMPLETE STREETS PLAN
ATTACHMENTS:
• Resolution (PDF)
• KTUA Imperial Avenue Plan Agreement (PDF)
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05/2023/cdz/A23-0095/Reso/KTUAAgreement
ImperialAveStreetsPlan
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING A CONSULTING AGREEMENT

WITH KTUA FOR THE IMPERIAL AVENUE COMPLETE

STREETS PLAN
WHEREAS, in 2022, the City of El Centro was awarded a grant in the amount of $300,000 from Caltrans to prepare the Imperial Avenue Complete Streets Plan (the “Project); and WHEREAS, the Project consists of producing a conceptual design plan for pedestrian, bicycle, and transit improvements on Imperial Avenue between Adams Avenue to the northern City Limits and requires that the City contract with a transportation planning consultant to prepare the document; and
WHEREAS Community Development Department staff began the RFP process for such a transportation planning consultant on March 31, 2023 and accepted proposals up to April 28, 2023; and
WHEREAS, the City received a total of five proposals and after the selection process, chose KTUA, a San Diego-based transportation planning firm with experience preparing similar documents in southern California, in addition to creating publications on transportation planning for HUD. KTUA also prepared the City’s Active Transportation Plan/Safe Routes to School Plan in 2019; and
WHEREAS, Staff recommends that the City Council now approve a professional service agreement with KTUA for the Project; and
WHEREAS, the City Council finds that the approval of this Agreement is in the best interests of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS;

1. The above and foregoing is true, correct, and adopted.

2. That the City Council does hereby approve the Agreement.

3. That the City Manager hereby is authorized to sign the Agreement on behalf of the City, a copy of which is on file in the Office of the City Clerk, and to take any and all necessary action to implement the provisions of this Resolution.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the day of ,2023.

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Packet Pg. 100 Attachment: Resolution (5989 : Professional Services Agreement with KTUA) 05/2023/cdz/A23-0095/Reso/KTUAAgreement
ImperialAveStreetsPlan

CITY OF EL CENTRO
By:_____________________________
Martha Cardenas-Singh, Mayor
ATTEST:

By: ___________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
By:_____________________________
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 23-____ was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By: _____________________
Norma Wyles, City Clerk

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Packet Pg. 101 Attachment: Resolution (5989 : Professional Services Agreement with KTUA)

CONSULTANT AGREEMENT

FOR PROFESSIONAL SERVICES

BETWEEN THE

THE CITY OF EL CENTRO
AND
KTUA

FOR PLANNING SERVICES RELATING TO THE

IMPERIAL AVENUE COMPLETE STREETS PLAN

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Page 2 of 33 ends

CONSULTANT AGREEMENT BETWEEN THE CITY OF EL CENTRO AND KTUA

FOR DESIGN SERVICES RELATING TO IMPERIAL AVENUE COMPLETE

STREETS PLAN
THIS AGREEMENT (“this Agreement” or “the Agreement”) is made and entered into by the City of El Centro, (“the City”) and KTUA, (“the Consultant”) for the Consultant to provide design services (“the Consulting Services”) for the Imperial Avenue Complete Streets Plan (“the Project”). City and Consultant each may be referred to as a “Party” and collectively as the “Parties.”

RECITALS
City and the Consultant now wish to enter into an agreement whereby the City will retain the Consultant to provide, and the Consultant shall provide, the Consulting Services for the Project.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and conditions set forth, herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby set forth their mutual covenants and understandings as follows:

ARTICLE I

CONSULTING SERVICES
The above-listed recitals are true and correct and are hereby incorporated by reference.

1.1 Scope of Services.

The scope of services will include preparation of the Imperial Avenue Complete Streets Plan. The scope of services is more fully described in Exhibit A, attached hereto and made part of this Agreement. The Contractor shall perform the Consulting Services as described in Exhibit A at the direction of the City for a fee as set forth in Exhibit B, attached hereto and made part of this Agreement.

1.2 Task Administrator.

The Community Development Department is the task administrator for this Agreement.

The Consultant shall provide the Consulting Services under the direction of the Community Development Director (“Director”) or designee. The Director will communicate with the Consultant on all matters related to the administration of this Agreement and the Consultant’s performance of the Consulting Services rendered hereunder. When this Agreement refers to communications to or with the City, those communications will be with the Director unless the Director or the Agreement specifies otherwise.

1.3 City Modification of Scope of Services.

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Page 3 of 33 ends

The City may, without invalidating this Agreement, order changes in any task by altering, adding to or deducting from the Consulting Services to be performed. All such changes shall be in writing and shall be performed in accordance with the provisions of this Agreement. If any such changes cause an increase or decrease in the Consultant’s cost of, or the time required for, the performance of any of the Consulting Services, the Consultant shall so notify the City. If appropriate, an equitable adjustment to the Consultant’s compensation may be made, provided that any adjustment must be pre-approved by the Parties in writing; the City’s approval shall come from the City Council.

1.4 Written Authorization.

Prior to performing any Consulting Services in connection with the Project, the Consultant shall obtain from the City a written authorization to proceed. The Consultant shall advise the City in writing immediately of any anticipated change in any task, fee schedule or time schedule, and shall obtain the City’s written consent to the change prior to making any changes. In no event shall the City’s consent be construed to relieve the Consultant from its duty to render all Consulting Services in accordance with applicable laws and accepted industry standards.

1.5 Confidentiality of Services.

All Consulting Services performed by the Consultant, including but not limited to all drafts, data, correspondence, proposals, reports and estimates compiled or composed by the Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to the Consultant, at the time that it was disclosed to the Consultant by the City, (b) subsequently becomes publicly known through no act or omission by the Consultant or (c) otherwise becomes known to the Consultant other than through disclosure by the City as needed to establish a defense. Except for Subcontractors (as that term is defined in section 4.4), neither the documents nor their contents shall be released to any third party without the prior written consent of the City.

ARTICLE II

DURATION OF AGREEMENT

2.1 Term of Agreement.

This AGREEMENT shall be effective on the date it is executed by the last Party to sign the Agreement and will remain in effect until the Consulting Services are completed, but in no event later than two (2) years from the date of approval and may be extended for one (1) year by mutual agreement, unless terminated sooner pursuant to the provisions of this Agreement.

2.2 Time of Essence.

The Parties agree that time is of the essence for each provision of this Agreement, unless otherwise specified in this Agreement.

2.3 Notification of Delay.

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The Consultant shall immediately notify the City in writing of any delay in completion of the Consulting Services. The written notice shall include an explanation of the cause for, and a reasonable estimate of the length of the delay. If the delay affects a material part of the Project, the City may exercise its rights under sections 2.5-2.9 of this Agreement.

2.4 Delay.

The following conditions may constitute such a delay: war, changes in law or government regulation, labor disputes, strikes, fires, floods, adverse weather or other similar condition of the elements necessitating cessation of the Consultant’s work, inability to obtain materials, equipment or labor, required additional Consulting Services or other specific reasons agreed to between the City and the Consultant; provided, however, that (a) this provision shall not apply and the Consultant shall not be entitled to an extension of time for a delay caused by the negligent acts or omissions of the Consultant; and (b) that a delay caused by the inability to obtain materials shall not entitle the Consultant to an extension of time unless the Consultant furnishes the City, in a timely manner, documentary proof, to the City’s satisfaction, of the inability to obtain materials.

2.5 City’s Right to Suspend for Convenience.

The City may, at its sole option and for its convenience, suspend all or any portion of the Consultant’s performance of the Consulting Services, for a reasonable period of time not to exceed six (6) months. In accordance with the provisions of this Agreement, the City will give written notice to the Consultant of such suspension. In the event of such a suspension, in accordance with the provisions of Article III of this Agreement, the City shall pay to the Consultant a sum equivalent to the reasonable value of the Consulting Services the Consultant has performed up to the date of suspension. Thereafter, the City may rescind such suspension by giving written notice of rescission to the Consultant. The City may then require the Consultant to resume performance of the Consulting Services in compliance with the terms and conditions of this Agreement; provided, however, that the Consultant shall be entitled to an extension of time equal to the length of the suspension, unless otherwise agreed to in writing by the Parties.

2.6 City’s Right to Terminate for Convenience.

The City may, at its sole option and for its convenience, terminate all or any portion of the Consulting Services agreed to pursuant to this Agreement by giving written notice of such termination to the Consultant. Such notice shall be delivered by certified mail with return receipt for delivery to the City. The termination of the Consulting Services shall be effective upon receipt of the notice by the Consultant. After termination of this Agreement, the Consultant shall complete any and all additional work necessary for the orderly filing of documents and closing of the Consultant’s Consulting Services under this Agreement. For services rendered in completing the work, the Consultant shall be entitled to fair and reasonable compensation for the Consulting Services performed by the Consultant up to the effective date of termination. After filing of documents and completion of performance, the Consultant shall deliver to the City all drawings, plans, calculations, specifications and other documents or records related to both the Project and

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to the Consultant’s Consulting Services on all task(s). By accepting payment for completion, filing and delivering documents as called for in this paragraph, the Consultant discharges the City of all of the City’s payment obligations under this Agreement.

2.7 City’s Right to Terminate for Default.

If the Consultant fails to adequately perform any obligation required by this Agreement, the Consultant’s failure constitutes a default (“a Default” or “the Default”). If the Consultant fails to satisfactorily cure a Default within ten (10) calendar days of receiving written notice from the City specifying the nature of the Default, the City may immediately cancel and/or terminate this Agreement, and terminate each and every right of the Consultant, and any person claiming any rights by or through the Consultant under this Agreement. The rights and remedies of the City enumerated in this section 2.7 are cumulative and shall not limit, waive or deny any of the City’s rights under any other provision of this Agreement, nor does this section 2.7 otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or hereinafter enacted or established, that may be available to the City against the Consultant.

2.8 Replacement of Consultant.

If the Consultant for any reason does not complete all the services contemplated by this agreement, the Consultant cannot be responsible for the accuracy, completeness or workability of the contract documents prepared by the Consultant is used, modified or completed by another party of the City. Accordingly, the City agrees, to the fullest extent permitted by law, to indemnify, defend and hold the Consultant harmless from any claim, liability or cost (including reasonable attorney’s fees and defense casts) for injury or loss arising or allegedly arising from such reuse, modification of completion made by any party to any contract documents prepare by the Consultant.

2.9 City’s Right to Terminate for Bankruptcy or Assignment for the Benefit of Creditors.

If the Consultant files a voluntary petition in bankruptcy, is adjudicated bankrupt or makes a general assignment for the benefit of creditors, the City may at its option and without further notice to or demand upon the Consultant, immediately cancel and/or terminate this Agreement and terminate each and every right of the Consultant and any person claiming any rights by or through the Consultant. The rights and remedies of the City enumerated in this section 2.8 are cumulative and shall not limit, waive or deny any of the City’s rights under any other provision of this Agreement, nor does this section 2.8 otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or hereinafter enacted or established, that may be available to the City against the Consultant.

ARTICLE III

COMPENSATION

3.1 General.

The City shall pay the Consultant for all the Consulting Services and all expenses related to performance under this Agreement in an amount not to exceed that set forth in the fee schedule

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attached hereto and incorporated herein as Exhibit “B.” The Consultant shall be entitled to compensation for the Consulting Services under this Agreement, whether within the scope of work for any task, or as additional services, based on the fee schedule.

3.2 Payment to the Consultant shall not be withheld, postponed of made contingent on the construction, completion or success of the project or upon receipt by the City of offsetting reimbursement or credit from other parties caused additional services or expenses. No withholding, deductions of offsets shall be made from Consultant compensation for any reason unless the Design Professional has been found to be legally liable for such amounts.

3.3 Manner of Payment.

The Consultant shall complete all work required by this Agreement for a not to exceed sum of fifty-four thousand dollars ($329,050).

3.3.1 Manner of Payment. The Consultant shall bill all fees and expenses incurred in accordance with this Agreement directly to the City on a monthly basis for each Task.

Consultant shall further provide a report with each invoice that includes the total cumulative Agreement expenses.

3.4 Additional Services.

If the City requires additional Consulting Services (“Additional Services”) beyond the task, except for Additional Costs (as that term is defined in section 3.6), the Consultant will be paid an additional fee. Additional Services shall be in accordance with the rates provided in the fee schedule. The City and the Consultant must agree in writing upon such fee prior to the Consultant beginning the Additional Services.

3.5 Changed Conditions
Should City or Consultant’s determine there is a need to reconsider provisions of this Agreement in light of occurrences or discoveries that were not originally contemplated by or known to the Consultant or City. Should either party call for contract renegotiation, the Consultant shall identify the changed condition necessitating renegotiation and the Consultant and the City, shall promptly and in good faith enter into renegotiation of this agreement. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this agreement.

3.6 Additional Costs.

Additional costs (“Additional Costs”) are those costs that can be reasonably determined to be related to the Consultant’s negligent errors or omissions, and may include Consultant, City or Subcontractor (as that term is defined in section 4.4) overhead, construction, materials, demolition and related costs. The Consultant shall not be paid for the Consulting Services required due to the Consultant’s negligent errors or omissions, and the Consultant shall be responsible for any direct damages associated with such negligent errors or omissions. These Additional Costs may be deducted from monies due, or that become due, the Consultant. If, due to Consultant’s error, any required item or component of the project is omitted from the Consultant’s construction documents, the Consultant shall not be responsible for paying the cost to add such item or

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component to the extent that such item or component would have otherwise been necessary to the project or otherwise adds value or betterment to the project. In no event will the Consultant be responsible for any cost or expense that provides betterment, upgrade or enhancement of the project.

ARTICLE IV
CONSULTANT’S OBLIGATIONS

4.1 Industry Standards.

In addition to the Consultant’s covenants described in Article VI hereof, the Consultant agrees that the Consulting Services rendered under this Agreement shall be performed in accordance with the standards customarily adhered to by an experienced and competent professional analysis firm using the degree of care and skill ordinarily exercised by reputable professionals practicing in the same field of service in the State of California. Where approval by the City, the City Manager or other representatives of the City is required, it is understood to be general approval only and does not relieve the Consultant of responsibility for complying with applicable laws, codes and good consulting practices in effect at contract execution or changes reasonably known.

4.2 Right to Audit.

4.2.1 Access. The City retains the right to review and audit, and the reasonable right of access to Consultant’s and all Subcontractor’s (as that term is defined in section 4.4) premises to review and audit the Consultant’s compliance with the provisions of this Agreement (“the City’s Right”). The City’s Right includes the right to inspect and photocopy same, and to retain copies, outside of the Consultant’s premises, of any and all records with appropriate safeguards, if such retention is deemed necessary by City in its sole discretion. This information shall be kept by the City in strictest confidence allowed by law.

4.2.2 Audit. The City’s Right includes the right to examine any and all books, records, documents and any other evidence of procedures and practices that the City determines are necessary to discover and verify that the Consultant is in compliance with all requirements under this Agreement.

4.2.2.1 Cost Audit. If there is a claim for additional compensation or for Additional Services, the City’s Right includes the right to examine books, records, documents and any and all other evidence and accounting procedures and practices that the City determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred or anticipated to be incurred.

4.2.2.1.1 Accounting Records. The Consultant shall maintain complete and accurate records in accordance with generally-accepted accounting practices in the industry. The Consultant shall make available to the City for review and audit all Project related accounting records and documents and any other financial data. Upon the City’s request, the Consultant shall submit exact duplicates of originals of all requested records to the City.

4.2.3 City’s Right--Binding on Subcontractors. The Consultant shall include the City’s Right as described in section 4.2, in any and all of their subcontracts, and shall ensure

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that these sections are binding upon all Subcontractors (as that term is defined in section 4.4).

4.3 Insurance.

The Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit “C” attached hereto and incorporated herein.

4.4 Subcontractors.

The Consultant’s hiring of or retaining any third parties (singularly, “a Subcontractor” or “the Subcontractor;” in the plural, “Subcontractors” or “the Subcontractors”) to perform services related to the Project (“the Subcontractor Services”) is subject to prior approval by the City. The Consultant shall list on the subcontractors list all Subcontractors known to the Consultant at the time this Agreement is entered. If at any time after this Agreement is entered into the Consultant identifies a need for additional Subcontractor Services, the Consultant shall give written notice to the City of the need, at least forty-five (45) days before entering into a contract for such Subcontractor Services. The Consultant’s notice shall include a justification, a description of the scope of work and an estimate of all costs for the Subcontractor Services. The Consultant may request that the City reduce the forty-five (45) day notice period. The City agrees to consider such requests in good faith.

4.4.1 Subcontractor Contract. All contracts entered into between the Consultant and a Subcontractor shall contain the information as described in sections 4.6, 4.7 and,

4.10.2 as well as any other information, terms and conditions required elsewhere in this Agreement to be included in said agreements) and shall also provide as follows:

4.4.1.1 For each design professional Subcontractor, each Subcontractor shall disclose or 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. Each Subcontractor shall obtain, and the Consultant shall require the Subcontractor to obtain, all policies described in Exhibit C.

Nothing in this paragraph shall be construed to impair the right of the Consultant and any Subcontractor to negotiate fair and reasonable pricing and payment provisions among themselves.

4.4.1.3 In the case of a deficiency in the performance of Subcontractor Services, the Consultant shall notify the City in writing of any withholding of payment to the Subcontractor, specifying: (a) the amount withheld, (b) the specific cause under the terms of the subcontract for withholding payment, (c) the connection between the cause for withholding payment and the amount withheld and (d) the remedial action the Subcontractor must take in order to receive the amount withheld. Once the Subcontractor corrects the deficiency, the Consultant shall pay the Subcontractor the amount withheld within fourteen (14) working days of the Consultant’s receipt of the City’s next payment.

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4.4.1.4 In any dispute between the Consultant and a Subcontractor, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Consultant agrees to defend and indemnify the City as described in Article VI of this Agreement in any dispute between the Consultant and a Subcontractor should the City be made a party to any judicial or administrative proceeding to resolve the dispute in violation of this position.

4.4.1.5 The Subcontractor is bound to the same requirements as the primary consultant for assurances to the City regarding non-discrimination covenants set forth in section

4.6. 4.5 Contract Activity Report.

The Consultant shall submit statistical information to the City as requested in the City’s contract activity report (“the Contract Activity Report”). The statistical information shall include the amount of subcontracting provided by firms during the period covered by the Contract Activity Report. With the Contract Activity Report, the Consultant shall provide an invoice from each Subcontractor listed in the report. The Consultant agrees to issue payment to each firm listed in the Report within fourteen (14) working days of receiving payment from the City for Subcontractor Services as described in section 4.4.1.

4.6 Non-Discrimination Requirements.

The Consultant understands and agrees that violation of this clause shall be considered a material breach of this Agreement and may result in contract termination, debarment or other sanctions.

This language shall be in contracts between the Consultant and any Subcontractors, vendors and suppliers.

4.7 Drug-Free Workplace.

The Consultant agrees to ensure a drug-free workplace. The Consultant shall certify to the City that it will provide a drug-free workplace by submitting a consultant certification for a drugfree workplace form.

4.7.1 Consultant’s Notice to Employees. The Consultant shall publish a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the work place, and specifying the actions that will be taken against employees for violations of the prohibition.

4.7.2 Drug-Free Awareness Program. The Consultant shall establish a drug-free awareness program to inform employees about all of the following:

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4.7.2.1 The dangers of drug abuse in the work place.

4.7.2.2 The policy of maintaining a drug-free work place.

4.7.2.3 Available drug counseling, rehabilitation and employee assistance programs.

4.7.2.4 The penalties that may be imposed upon employees for drug abuse violations.

4.7.3 Posting the Statement. In addition to section 4.7.1 above, the Consultant shall post the drug-free policy in a prominent place.

4.7.4 Subcontractor’s Agreements. The Consultant further certifies that each contract for Subcontractor Services for this Project shall contain language that binds the Subcontractor to comply with the provisions of section 4.7 of this Agreement. The Consultant and any Subcontractors shall be individually responsible for their own drug-free work place program.

4.8 Americans with Disabilities Act Statement.

The Consultant shall certify that any construction documents and specifications meet current Title 24 of the California Code of Regulations, known as the California Building Standards Code (“Title 24”) requirements and the Americans with Disabilities Act Accessibility Guidelines (“ADAAG”) and are in general compliance with the Americans with Disabilities Act of 1990.

When a conflict exists between Title 24 and ADAAG, the most restrictive requirement shall be followed.

The Americans with Disabilities Act (ADA) provides that it is a violation of the ADA to design and construct a facility for first occupancy later than January 26, 1993, that does not meet the accessibility and usability requirements of the ADA except where an entity can demonstrate that it is structurally impractical to meet such requirements. The City acknowledges that the requirements of the ADA will be subject to various and possibly contradictory interpretations. The Design Professional, therefore, will use his or her reasonable professional efforts to interpret applicable ADA requirements and other federal, state and local laws, rules, codes ordinances and regulations as they apply to the project. The Design Professional, however, cannot and does not warrant or guarantee that the City’s project will comply with interpretations of ADA requirements and/or requirements of other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the project.

4.9 Product Endorsement.

The Consultant acknowledges and agrees that any advertisement identifying or referring to the City as the user of a product or service requires the prior written approval of the City.

4.10 Conflict of Interest.

The Consultant is subject to all Federal, State and local conflict of interest laws, regulations and policies applicable to public contracts and procurement practices, including but not limited to

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California Government Code sections 1090 et seq. and 81000 et seq. The Consultant shall complete one (1) or more statements of economic interest disclosing relevant financial interests as described on Exhibit “D” attached hereto and incorporated herein (“Consultant’s Statement of Financial Interest”) which may be amended from time to time by City. Upon the City’s request, the Consultant shall submit the necessary supplementary documentation to the City.

4.10.1 The Consultant shall establish and make known to its employees and agents appropriate safeguards to prohibit employees from using their positions for a purpose that is, or that gives the appearance of being, motivated by the desire for private gain for themselves or others, particularly those with whom they have family, business or other relationships.

4.10.2 The Consultant and its Subcontractors having subcontracts amounting to one percent (1%) or more of the value of the Consulting Services agreed to under this Agreement are precluded from participating in design services, on behalf of the contractor, construction management and any other construction services related in any way to the Consulting Services without the prior written consent of the City.

4.10.3 The Consultant’s personnel employed on any task shall not accept gratuities or any other favors from any Subcontractors or potential Subcontractors. In connection with any task, the Consultant shall not recommend or specify any product, supplier or contractor with whom the Consultant has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations or policies.

4.10.4 If the Consultant violates any conflict of interest laws or any of these provisions in section 4.10, the violation shall be grounds for immediate termination of this Agreement. Further, the violation subjects the Consultant to liability to the City for attorneys’ fees and all damages sustained as a result of the violation.

4.11 Mandatory Assistance.

If a third-party dispute or litigation, or both, arises out of, or relates in any way to, the Consulting Services provided under this Agreement, upon the City’s request, the Consultant and its agents, officers and employees agree to assist in resolving the dispute or litigation (“Mandatory Assistance”). The Mandatory Assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation.

4.12 Compensation for Mandatory Assistance.

The City will compensate the Consultant for fees incurred for providing Mandatory Assistance as Additional Services under section 3.3. If, however, the fees incurred for the Mandatory Assistance are determined, through resolution of the third-party dispute or litigation, or both, to be attributable in whole, or in part, to the negligent acts or omissions of the Consultant, its agents, officers or employees, the Consultant shall pay back the City. The City is then entitled to repayment of all fees paid to the Consultant, its agents, officers and employees for Mandatory Assistance.

4.13 Attorneys’ Fees Related to Mandatory Assistance.

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In providing the City with dispute or litigation assistance, the Consultant or its agents, officers and employees may incur expenses and/or costs. The Consultant agrees that any reasonable attorneys’ fees it may incur as a result of assistance provided under section 4.11 are reimbursable.

4.14 Retention of Records.

Consultant is required to keep all related accounting records and documents for a period of not less than five (5) years after the final reports are submitted by the City to the State Department of Housing and Community Development, as per Federal and State requirements.

Upon the City’s request, the Consultant shall submit exact duplicates of originals of all requested records to the City.

ARTICLE V
CITY’S OBLIGATIONS

5.1 Ownership of Documents.

Once the Consultant has received any compensation for the Consulting Services performed, all documents, including but not limited to, original plans, studies, sketches, drawings, computer printouts and disk files and specifications prepared in connection with or related to any task or Consulting Services shall be the property of the City. The City’s ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The City’s ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed. This section 5.1 shall apply whether the Consultant’s Consulting Services are terminated by the completion of the Project or in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the Consultant shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files and specifications.

The Consultant shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications.

Any reuse or modification of the project documents by the City shall be at the City’s sole risk and the City agrees to indemnify, defend and hold Consultant harmless from claims, damages, and expenses, including attorney’s fees, arising out of such reuse or modification by the City or by others acting through the City.

5.2 Additional Consultants or Contractors.

The City reserves the right to employ, at its own expense, such additional consultants or contractors as the City deems necessary to perform work or to provide the Consulting Services on the Project.

5.3 Employment of City Staff.

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This Agreement may be unilaterally and immediately terminated by the City, at its sole discretion, if the Consultant employs an individual who, within the last twelve (12) months immediately preceding such employment did, in the individual’s capacity as an officer or employee of the City, participate in, negotiate with or otherwise have an influence on the recommendation made to the City Council or City Manager in connection with the selection of the Consultant.

ARTICLE VI

INDEMNIFICATION

6.1 Indemnification
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless the City, and any and all of its employees, and officials from and against any liability (including liability for claims, suits, actions, arbitration proceedings, losses, including reasonable attorney’s fees to the extent the same arise out of, are a consequence of, or are in any way attributable to the performance of, this Agreement by Consultant or by any individual or entity for which the Consultant is legally liable, including but not limited to officers, agents, employees or Subcontractors of the Consultant.

6.2 General Indemnification Provisions.

The Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of the Consultant in the performance of this Agreement.

In the event the Consultant fails to obtain such indemnity obligations from others as required here, the Consultant agrees to be fully responsible according to the terms of this section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend the City as set forth here is binding on the successors, assigns or heirs of the Consultant and shall survive the termination of this Agreement or this section.

Without affecting the rights of the City under any provision of this Agreement, the Consultant shall not be required to indemnify and hold harmless the City for liability attributable to the negligence of the City, provided such negligence is determined by agreement between the Parties, formal dispute resolution or by the findings of a court of competent jurisdiction.

ARTICLE VII

MISCELLANEOUS

7.1 Notices.

Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) 3 business days after deposit mailing in the United States Mail, certified mail, postage prepaid, return receipt requested,

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addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To CITY: City of El Centro
Attn: Community Development Director
1275 West Main Street
El Centro, CA 92243

Attention: City Clerk
Norma Wyles
1275 West Main Street
El Centro, CA 92243

To CONSULTANT: KTUA
Joe Punsalan
Principal
3916 Normal Street
San Diego, CA 92103

7.2 Headings.

All article headings are for convenience only and shall not affect the interpretation of this Agreement.

7.3 Non-Assignment.

The Consultant shall not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due, without the City’s prior written approval. Any assignment in violation of this paragraph shall constitute a Default and is grounds for immediate termination of this Agreement, at the sole discretion of the City. In no event shall any putative assignment create a contractual relationship between the City and any putative assignee.

7.4 Independent Contractors.

The Consultant and any Subcontractors employed by the Consultant shall be independent contractors and not employees or agents of the City. Any provisions of this Agreement that may appear to give the City any right to direct the Consultant concerning the details of performing the Consulting Services, or to exercise any control over such performance, shall mean only that the Consultant shall follow the direction of the City concerning the end results of the performance.

Without receiving the Consultant’s written permission, the City agrees not to hire, retain or contract with any employee of the Consultant who performs services for the City under this Agreement for one (1) year from the date this Agreement is terminated.

7.5 Consultant and Subcontractor Principals for Consulting Services.

It is understood that this Agreement is for unique Consulting Services. Retention of the Consultant is based on the particular professional expertise of the individuals rendering the

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services set forth in each task. Accordingly, portions of the described service may not be delegated to other members of the team or Subcontractors without prior written consent by the City. It is mutually agreed that Brian F. Mooney, Principal is the principal person responsible for delivery of all Consulting Services and may not be removed from any tasks without the City’s prior written approval. In the event Brian F. Mooney, Principal becomes unavailable for any reason, the City must be consulted as to any replacements. Further, the City reserves the right, after consultation with the Consultant, to require removal of the Consultant’s employees or agents.

7.6 Covenants and Conditions.

All provisions of this Agreement expressed as conditions on the part of the City or the Consultant shall be deemed to be conditions.

7.7 Compliance with Controlling Law.

The Consultant shall comply with laws, ordinances, regulations and policies of the Federal, State and local governments applicable to this Agreement in effect at execution of the contract or changes as reasonably known. In addition, the Consultant shall comply immediately with all directives issued by the City or its authorized representatives under authority of any laws, statutes, ordinances, rules or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement.

7.8 Jurisdiction, Venue and Attorneys’ Fees.

The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms or any related disputes shall be in the County of Imperial, State of California. If either Party brings an action to enforce the terms of this Agreement or declare rights under this Agreement, the prevailing Party in any such action, on trial or appeal, shall be entitled to its reasonable attorneys’ fees and costs as fixed by the court to be paid by the losing Party.

7.9 Successors in Interest.

This Agreement and all rights and obligations created by this Agreement shall be in force and effect whether or not any Parties to the Agreement have been succeeded by another entity, and all rights and obligations created by this Agreement shall be vested and binding on any Party’s successor in interest.

7.9.1 Corporate Protection.

It is intended by the parties of this Agreement that the Design Professional’s services in connection with the project shall not subject the Design Professional’s individual employees, officers or directors to any personal legal exposure for the risks associated with this project.

Therefore, and not withstanding anything to the contrary contained herein, the City agrees that as the City’s sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against the Design Professional, a California corporation, and not against any of the Design Professional’s employees, officers or directors.

7.10 Integration.

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This Agreement and the exhibits and references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. 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 made in the form of a written change agreed to in writing by both Parties or an amendment to this Agreement agreed to by both Parties. All prior negotiations and agreements are merged into this Agreement.

7.11 Counterparts.

This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all Parties had executed the same page.

7.12 No Waiver.

No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition and term hereof shall continue in full force and effect to any existing or subsequent breach.

7.13 Severability.

The unenforceability, invalidity or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal.

7.14 Municipal Powers.

Nothing contained in this Agreement shall be construed as a limitation upon the powers of the City as a charter city of the State of California.

7.15 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 that 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.

7.16 Signing Authority.

The representative for each Party signing on behalf of a corporation, partnership, joint venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.

7.17 Conflicts between Terms.

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If an apparent conflict or inconsistency exists between the main body of this Agreement and the exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable Federal, State, or local law, rule, regulation, order 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 exhibits, 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.

7.18 Non-Appropriation.

This Agreement is based on the availability of public funding on the part of the City. In the event of unavailability or non-appropriation of funds, the City may either agree to make up the shortfall in a manner of its choosing or terminate the Agreement, without penalty, after written notice to the Consultant. Should the City elect to terminate the Agreement, it shall compensate the Consultant for the work it has performed up to the date of termination.

ARTICLE VIII

CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of the proposal submitted by the Consultant including but not limited to Exhibit "A" hereto. In the event of any conflict between Exhibit A and this Agreement, this Agreement shall take precedence over those contained in the Consultant's proposals, The incorporation of the Consultant’s proposal shall be for the scope of services to be provided only, and any other terms and conditions included in such proposal shall have no force and effect on this Agreement or the relationship between Consultant and/or City, unless expressly agreed to in writing.

ARTICLE IX

AUTHORITY TO EXECUTE THIS AGREEMENT
The person executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, this Agreement is executed by the City Council of the City of El Centro, acting by and through the Interim City Manager, authorizing such execution, and by the Consultant.

THE CITY OF EL CENTRO
Date: _________________ By: _____________________________ Cedric Ceseña, Interim City Manager

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ATTEST:
_________________________
Norma Wyles, City Clerk
I HEREBY CERTIFY I can legally bind CONSULTANT, and that I have read all of this Agreement, this day of , 20 .

Date: _________________ By: _____________________________ Joe Punsalan
Principal
I HEREBY APPROVE the form and legality of the foregoing Agreement this day of 20 .

APPROVED AS TO FORM
Office of the City Attorney
By ________________________________
Elizabeth L. Martyn, City Attorney

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EXHIBIT A – SCOPE OF WORK

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EXHIBIT B – FEE SCHEDULE

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EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting CONSULTANT’s indemnification of CITY, and prior to commencement of Work, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.

General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this AGREEMENT, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this AGREEMENT.

Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

IF REQUIRED Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement;

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• Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONSULTANT, his agents, representatives, employees or sub-consultants.

Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this AGREEMENT.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its sub-consultants.

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Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONSULTANT of noncompliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. CONSULTANT agrees to ensure that its sub-consultants, sub-contractors, and any other party involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONSULTANT agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.

CITY’s right to revise specifications. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY.

CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced

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by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

Claims-made limitations. The following provisions shall apply if any of the required policies are written on a claims-made basis:

The Retroactive Date of the policy must be shown and must be before the date of the Agreement or the beginning of the contracted work.

Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.

If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a Retroactive Date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The Public Agency shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage.

A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

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EXHIBIT D
CONSULTANT FINANCIAL DISCLOSURE STATEMENT 1
Consultant will comply with all conflict of interest laws and regulations including, without limitations, City’s Conflict of Interest Code (on file in the City Clerk’s Office) as required by Section 4.10 of this Agreement. It is incumbent upon the Consultant to notify the City pursuant to Sections 7.1 and 7.5 of any staff changes relating to this Agreement. The City Manager has made the following determination and Consultant, by his/her signature, acknowledges said determination. 2 A. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of Consultant will be performing a very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest arise. No disclosures are required of any officers, employees, and/or agents of Consultant. Consultant duties are as follows:

Cedric Ceseña, Interim City Manager Consultant Signature & Title B. In accomplishing the scope of services of this Agreement, Consultant will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant may make or participate in making a governmental decision, which may have a foreseeable material effect on a financial interest. As a result, the Consultant shall be subject to the Disclosure Category “Consultant” of the City’s Conflict of Interest Code.

Cedric Ceseña, Interim City Manager Consultant Signature & Title 1 Title 2, Division 6. California Code of Regulations Section 18701(a)(2). Pursuant to a contract with a local government agency, a consultant shall be required to file a Statement of Economic Interest if that consultant will: “(A) Make a government 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 agency to enter into, modify or renew a contract provided it is the type of contract which requires agency approval; (5) Grant agency approval to a contract which requires agency approval and which the agency is the party or to the specifications for such contract; (6) Grant agency approval to a plan, design, report, study or similar item; or (7) Adopt, or grant approval of policies, standards or guidelines for the agency or for any subdivision thereof; or (B) Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in regulation 18702.2 or performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency’s Conflict of Interest Code, under Governmental Code Section 87302.” 2 Disclosure by Consultants: Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the City’s adopted Conflict of Interest Code, subject to the following limitations: The City Manager may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that is limited in scope and closely supervised, and, thus, is not required to comply with the disclosure requirements in the City’s adopted Conflict of Interest Code. Such written determination shall include a description of the consultant’s duties.

The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as the City’s adopted Conflict of Interest Code.

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Packet Pg. 134 Attachment: KTUA Imperial Avenue Plan Agreement (5989 : Professional Services Agreement with KTUA) City Council of the City of El Centro Meeting: 06/06/23 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Policy
Prepared By: Angel Hernandez
SCHEDULED Department Head: Angel Hernandez
ACTION ITEM (ID # 5729) DOC ID: 5729
Approval of Code Enforcement Officer Safety Policy
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO ADOPTING A SAFETY STANDARDS POLICY FOR CODE

ENFORCEMENT OFFICERS
FISCAL IMPACT:

Costs associated with the purchase and maintenance of safety equipment including uniform and department issued radio; OC spray and body armor at the discretion of the Assistant Community Development Director.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal 3 - Community Health, Safety, & Welfare: Promote and protect the health and safety of our community through high-quality services.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Not Applicable
BACKGROUND:

In effect on January 1, 2022, Senate Bill (SB) 296 (Limon) required that every city and county that employs a code enforcement officer to develop safety standards that are specific and appropriate to code enforcement officers and the threats they face in their jurisdiction.

The California Joint Powers Insurance Authority (JPIA), in partnership with the California Association of Code Enforcement Officers (CACEO), developed the model minimum standards for compliance with SB 296. The intention of the model minimum standards was to allow for local jurisdictions amend the model minimum standards in order to meet the needs of their specific jurisdiction for specific hazards and appropriate responses.

DISCUSSION:

Using JPIA and CACEO model standards as a base, staff has revised them to meet local needs for the El Centro (attached as Exhibit A). Notable amendments to mention are:
• Notification of supervisors of all potential harmful situations, prior to any initial contact.
• Use of radio to only essential information to ensure the channel remains open for priority traffic
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• Include inventory of required safety equipment including uniform and radio equipment. Issuance of body armor and OC Spray is at the discretion of the Assistant
CONCLUSION:

Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO ADOPTING A SAFETY STANDARDS POLICY FOR CODE

ENFORCEMENT OFFICERS
ATTACHMENTS:
• Exhibit A - Policy (PDF)
• Exhibit B - Resolution (PDF)
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CITY OF EL CENTRO

POLICY STATEMENT
Policy Statement No: 410 Adopted: June 6, 2023
Category: Risk Management Revised:

Subject: Code Enforcement Officer Safety Policy Distribution: ALL I. PURPOSE
The purpose of this policy is to establish safety standards for Code Enforcement Officers in conformance with Senate Bill (SB) 296.

II. OFFICER SAFETY
The safety and welfare of our personnel is extremely important and a high priority for management and supervision. Code Enforcement Officers are expected to act in a professional manner when dealing with the public; however, if they are dealing with hostile individuals, officers are expected to avoid confrontation and remove themselves from the situation as quickly and safely as possible.

Many potential officer safety issues can be avoided by following proper investigative techniques:
• Reviewing prior cases to determine any potential safety hazards or potential hostile individuals.
• Becoming familiar with the geographical area of the complaint, prior to initial contact.
• Speaking with officers who investigated previous complaints. • Having additional resources available, such as a second code officer, a supervisor law enforcement or animal control when warranted.
• Supervision will be made aware of all potentially harmful situations, prior to any initial contact, in order to develop strategies to best address those hazards.

III. THREATS, ASSAULTS AND BATTERIES
All threats, assaults and batteries directed at Code Enforcement Officers, shall be reported to supervision, management, and law enforcement immediately. Officers should obtain information as safely as possible about the subject making the threat, assault, or battery, including their intent, ability, and desire to carry out their actions. This information will be vital for law enforcement and Code Enforcement supervision.

The Code Enforcement Division and Police Department are expected to share information

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regarding known and potential dangerous occupant(s) of properties under investigation by the Code Enforcement Division, and take necessary steps to mitigate risk of harm to the inspectors, including but not limited, to obtaining assistance from law enforcement in making any and all contacts with such individual(s), reporting location prior to making contact and after completing the inspection or other contact, and adhering to safety standards, training, and protocols.

IV. USE OF FORCE
Code Enforcement Officers will exercise good judgment at all times if force is necessary.

The ability to leave the location prior to any confrontation taking place is the best course of action. In cases of immediate and direct threat, the Code Enforcement Officers may use the minimum force necessary to mitigate the threat and safely leave the area.

Mere verbal threats of violence, verbal abuse, or hesitancy in following commands does not necessarily justify the use of physical force without additional facts or circumstances substantiating an imminent potential for physical harm. However, if a Code Enforcement Officer is receiving threats, particularly threats of violence even without additional manifestations of intent to carry it out, the Code Enforcement Officer should immediately retreat to a safe location and notify the law enforcement and a code enforcement supervisor.

V. GENERAL SAFETY

SELF-DEFENSE
Code Enforcement Officers have two defense options:

1. Leave the scene (walk, run, crawl, drive, etc.) and call for help.

2. If you cannot leave the scene, such as being cornered or held, you may defend yourself until you are able to leave the scene or assistance arrives. You may use defensive tactics skills, as well as issued equipment as reasonable and not excessive to defend against an attack.

Unreasonable application of physical force on a person is a violation of law, which may result in criminal prosecution of the Code Enforcement Officer and potential civil liability to the Code Enforcement Officer and the City.

PRIORITIES

1. Your own safety is your first priority. You cannot help anyone if you are hurt or incapacitated, and if you are injured it compounds the original problem.

2. The safety of other people is the next priority. Assistance should come from other

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department employees, or emergency service agencies, including the Police Department.

ALERTNESS
A crucial part of officer safety is staying alert and anticipating potential risks. This requires the use of all your senses to observe the surroundings, hear a threat, speak persuasively, or feel that you are about to be attacked. Being alert applies not only in the field, but also at the office.
• Pay attention to the people who come to the office. Making eye contact and greeting them tells them that you have noticed them.
• Watch for unusual circumstances and check into them. If you find someone in a restricted area, ask them why they are there. If you find a strange package in an unusual place notify a supervisor and don’t touch it until it can be confirmed to be harmless.
• Plan an escape route. Every time you make a contact, consider what your options are if something goes wrong. This is extremely important when dealing with hostile people.
• Know your location. If you need help quickly, you won’t have time to look at the map.
• When talking to people try to maintain at least an arms-length of distance and a bladed, balanced stance on firm ground to be able to dodge a sudden lunge, punch, or kick.
• Avoid standing downhill, facing the sun, or at the edge of something that could trip you.
• Be aware of nearby objects that could be used as weapons against you, such as garden tools, screwdrivers, knives, 2x4’s, pipes, etc. Move these kinds of objects out of reach or ask the person you are talking to step to a more neutral area.

The decision to use physical force places a tremendous responsibility on Code Enforcement Officers. Code Enforcement Officers should clearly understand that the standard for determining whether the force applied is that conduct which a reasonable Code Enforcement Officer would exercise based upon the information the officer had when the conduct occurred.

VI. REPORTING
Code Enforcement Officers are required to immediately report all officer safety issues to a supervisor. This includes any force used in self-defense, verbal altercations, or incidents where a police officer had to arrest a party. After notification, the Code Enforcement Officer will also submit a written report of the incident to a supervisor.

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VII. USE OF RADIO/CELL PHONE COMMUNICATIONS
Code Enforcement Officers are required to advise office staff and/or supervisor of where they generally will be during the course of a shift. Officers shall keep their electronic calendar up to date.

All Code Enforcement Officers will be assigned a radio and call sign. The number will coincide with the Code Enforcement Officer’s badge number. The Dispatch call sign is “home base”.

Code Enforcement Officer will limit their use of the radio to only essential information to ensure the channel remains open for priority traffic.

VIII. MISSING OFFICER
Office staff shall call or radio Code Enforcement Officers periodically while out in the field.

If a Code Enforcement Officer fails to promptly respond to phone calls or radio communication, office staff shall begin to contact other office staff and the supervisor to ascertain the missing Code Enforcement Officer whereabouts. A search team should immediately be dispatched with at least one, and if feasible, two Code Enforcement Officers to check the last known and future locations. Electronic means for GPS locating of the vehicle or cellular device should be implemented.

If met with negative results, conduct a systematic search of the area to help locate the missing Code Enforcement Officer’s vehicle and/or person. If the Code Enforcement Officer still is not located, begin to call the Code Enforcement Officer’s personal emergency contacts to verify the Code Enforcement Officer did not leave abruptly without notifying staff. If still unable to locate, notify Police and provide the information attained above, to help locate the Code Enforcement Officer.

IX. SERVICE OF INSPECTION AND/OR ABATEMENT WARRANTS
Code Enforcement Officers may need to obtain inspection and/or abatement warrants from time to time. Prior to serving or executing such warrant(s), the Code Enforcement Officer shall notify the supervisor and coordinate with the Police Department to ensure a police officer is present at the service or execution of the warrant(s). The officer shall coordinate with law enforcement present on how to make contact with the occupant(s) and the best method for entry. Forcible entry shall not be used unless a judge has authorized it in the warrant(s). Code Enforcement Officers shall not serve or execute an inspection warrant without the presence of law enforcement and the Code Enforcement Officer shall report his/her position when arriving and leaving the location subject to the warrant(s).

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X. SAFETY EQUIPMENT
Officer Safety
Equipment
Considerations Training
Requirement
Uniform Portrays a professional image that identifies code enforcement personnel.

Consider a uniform that does not resemble the uniform
of the jurisdictions police department. If the code
professional is part of the police department consider a uniform that differentiates between police officers and code enforcement officers.

Uniforms should be comfortable and functional from an
officer safety perspective. Additional considerations are the issuance and display of metal badges and
department identification badges.

N/A
Department
Issued Radio
Linked to police dispatch communications center.

Necessary for tracking location of code enforcement
officers while in the field and for emergency
communications.

Yes, to include radio
procedures, emergency
procedures, and battery
maintenance.

Body Armor Issued to the Code Enforcement Officer subject to the discretion of the Assistant Director of Community
Development.

Meets NIJ Standard 0101.06, Ballistic Resistance of
Body Armor
Options can include body armor that is worn:
in conjunction with an outer vest
concealed under clothing
Outer vests should have an identification placard
related to code enforcement as an additional means
not to be misidentified as a police officer. Body armor requires measurements be taken for proper fitting to
officer.

Yes, regarding proper
storage and
maintenance.

OC Spray Issued to the Code Enforcement Officer subject to the discretion of the Assistant Director of Community
Development.

Yes, subject to the city
Pepper Spray Policy for
non-law enforcement
City employees.

XI. PROTECTIVE EQUIPMENT
Code Enforcement Officers may encounter environmental conditions which may be hazardous, such as mold, asbestos, insect infestation, feces, and airborne illnesses. As such,

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Packet Pg. 141 Attachment: Exhibit A - Policy (5729 : Code Enforcement Officer Safety Policy) 04/2023/cdz/A23-0082/Policy/CodeEnforcement
SafetyPolicy Page 6 of 7
each Code Enforcement Officer will be provided with an emergency medical kit and protective equipment. Based on the known or reasonably anticipated situation, each officer is required to wear or utilize the most appropriate equipment when entering hazardous areas.

The protective equipment should be worn at all times until the Code Enforcement Officer believes hazardous conditions have been abated or when the officer has left the hazardous area or property. Below is a list of essential equipment provided to each officer. Each officer is responsible for periodic inspection and inventory of stated equipment. If an officer finds equipment to be defective or requires replacement, please notify supervisor immediately.

Listed below is the Agency provided protective equipment:

1. Respiratory protective gear-particulate mask, respirator etc.

2. Blood-borne pathogen kit- including disposable gloves and hand sanitizer

3. Potable water

4. Basic first aid kit

5. ANSI approved eye protection

6. ANSI approved head protection

7. Tyvek suit or other overalls

8. Leather or work gloves
XII. LICENSE PLATE CONFIDENTIALITY
A Code Enforcement Officer shall not utilize his/her personal vehicle in the performance of job duties if a City-provided vehicle is available for the Code Enforcement Officer’s use. If a Code Enforcement Officer must use a personal vehicle, the Code Enforcement Officer is encouraged to apply for license plate confidentiality under Penal Code section 1808.4(a)(19) or other applicable law. The City will assist the Code Enforcement Officer in completing and obtaining approval of such application as is necessary and appropriate.

XIII. TRAINING
Continual training is essential for code enforcement staff to maintain the skills required for their individual positions. All code enforcement staff will receive initial training essential to perform their duties. This will be on-the-job training given by supervisors and experienced Code Enforcement Officers.

All Code Enforcement Officers are required to successfully complete the 832 PC course as prescribed by the Commission on Peace Officer Standards and Training (POST) prior to exercising the powers of a peace officer. The initial 40-hour course shall be completed within one year of their date of hire as a code enforcement officer.

As time and resources permit the department encourages Code Enforcement Officers to attend training opportunities provided by the California Association of Code Enforcement

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Packet Pg. 142 Attachment: Exhibit A - Policy (5729 : Code Enforcement Officer Safety Policy) 04/2023/cdz/A23-0082/Policy/CodeEnforcement
SafetyPolicy Page 7 of 7
Officers (CACEO) and become Certified Code Enforcement Officers. Once certified, officers are encouraged to attend continuing education courses to maintain their certification.

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Packet Pg. 143 Attachment: Exhibit A - Policy (5729 : Code Enforcement Officer Safety Policy) 04/2023/cdz/A23-0082/Reso/CodeEnforcementSafetyPolicy 1 RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO ADOPTING A SAFETY STANDARDS POLICY FOR

CODE ENFORCEMENT OFFICERS
WHEREAS, on October 7, 2021, the Governor signed into law Senate Bill (SB) 296 which added Penal Code 829.7 to create a state-mandated local program requiring each local jurisdiction that employs Code Enforcement Officers to develop safety standards for them; and WHEREAS, the State Legislature found and declared in SB 296 that Code Enforcement Officers are disproportionately at risk for threat, assault, injury and homicide due to the nature of their obligations and that safety training would be of benefit to help Code Enforcement Officers with the City achieve safe outcomes; and
WHEREAS, the purpose and intent of this Resolution is to comply with SB No. 296 by adopting a Code Enforcement Officer Safety Standards for the City’s Code Enforcement Officers; and,
WHEREAS, the City has prepared and attached as “EXHIBIT A” Code Enforcement Officer Safety Standards for the City of El Centro; and,

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL
CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That the foregoing is true, correct, and adopted.

2. That Policy No. 410 with the Code Enforcement Officer Safety Standards, attached here to and incorporated herein as Exhibit A, is hereby adopted.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the day of 2023.

CITY OF EL CENTRO
By
ATTEST: Martha Cardenas-Singh, Mayor
By
Norma Wyles, City Clerk

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Packet Pg. 144 Attachment: Exhibit B - Resolution (5729 : Code Enforcement Officer Safety Policy) 04/2023/cdz/A23-0082/Reso/CodeEnforcementSafetyPolicy 2 APPROVED AS TO FORM:

Office of the City Attorney
By
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 23- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By
Norma Wyles, City Clerk

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Packet Pg. 145 Attachment: Exhibit B - Resolution (5729 : Code Enforcement Officer Safety Policy) City Council of the City of El Centro Meeting: 06/06/23 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Agreement
Prepared By: Abraham Campos
SCHEDULED Department Head: Abraham Campos
RESOLUTION (ID # 5821) DOC ID: 5821
Award of Construction Management Services for the Police Station Project
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH

BALFOUR BEATTY CONSTRUCTION, LLC FOR CONSTRUCTION MANAGEMENT

SERVICES RELATING TO THE POLICE STATION PROJECT
FISCAL IMPACT:

No impact to the General Fund. Project budget is proposed at $1,672,120 from Police Station Project bond.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal No. 2 - Environmental Sustainability & Infrastructure - Action 2.8 Ensure that infrastructure is thoughtfully designed and maintained to meet the current and future needs of the community while minimizing negative financial impacts.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Staff verified that the consultant has a current and in good standing registration with the California Secretary of State and that subcontractor also has a current and in good standing registration with the Department of Industrial Relations and with the California Secretary of State. Business license and insurance will be obtained prior to notice to proceed being issued.

BACKGROUND:

City staff through its design consultant, Arrington Watkins Architects, Inc., has completed the design of the Police station. Construction management services are needed to continue the project moving forward. Staff will release a call for prequalification of prime contractors and is working to return to City Council for approval of the plans and specifications for the project on June 20, 2023 or shortly thereafter.

DISCUSSION:

Proposals and sealed fee envelopes were received on February 17, 2023 from two consultants. Staff followed qualifications based selection, and interviewed the two firms with Balfour Beatty Construction, LLC scoring the highest. Participating at the interviews were Interim City Manager, Cedric Ceseña, Public Works Director, Abraham Campos, and Police Chief, Robert Sawyer .

The scoring was extremely close with both firms capable of doing the work. Below is the ranking of the two firms after interviews:
13 Packet Pg. 146
Resolution (ID # 5821) Meeting of June 6, 2023

1. Balfour Beatty Construction, LLC

2. Schneider CM, Inc.

Staff then proceeded to open Balfour Beatty's proposal, which was found by staff to be within expected budget. City staff recommends approval of a contract to Balfour Beatty Construction, LLC for construction manager services related to the construction of the new Police station.

CONCLUSION:

Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH

BALFOUR BEATTY CONSTRUCTION, LLC FOR CONSTRUCTION MANAGEMENT

SERVICES RELATING TO THE POLICE STATION PROJECT
ATTACHMENTS:
• Reso 23- approval of CM contract (PDF)
• Proposed Agreement (PDF)
13 Packet Pg. 147
05/2023/cdz/A23-0093/Reso/BalfourBeattyConstruction
ServicesPDStationProj
RESOLUTION NO. 23 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO APPROVING A PROFESSIONAL SERVICES

AGREEMENT WITH BALFOUR BEATTY

CONSTRUCTION, LLC FOR CONSTRUCTION

MANAGEMENT SERVICES RELATING TO THE POLICE

STATION PROJECT
WHEREAS, the City circulated a request for proposals (“RFP”) for construction management services for the Police Station Project (“Project”); and WHEREAS, staff reviewed the RFP responses and based upon the criteria for selection, recommends that the City Council approve a Professional Services Agreement with Balfour Beatty Construction, LLC, and active Delaware Limited Liability Company to provide Construction Management Services relating to the Project (hereinafter referred to as “Agreement”); and
WHEREAS, the cost of such services is one million six-hundred seventy-two thousand one hundred twenty dollars and zero cents ($1,672,120.00) and WHEREAS, the City Council finds that its approval of said Agreement is in the best interests of the City of El Centro, California.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That the foregoing is true, correct and adopted.

2. That the City Council does hereby approve the Professional Services Agreement between the City of El Centro and Balfour Beatty Construction, LLC for Construction Management Services relating to the Project.

3. It is in the best interest of the City to authorize the Interim City Manager (the “Authorized Representative”) or designee to execute and deliver the professional services agreement with Balfour Beatty Construction, LLC, substantially in the form presented to this Council at this meeting and to take all necessary action to implement it.

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Packet Pg. 148 Attachment: Reso 23- approval of CM contract (5821 : Award Police Construction Management CM Services Agreement) 05/2023/cdz/A23-0093/Reso/BalfourBeattyConstruction
ServicesPDStationProj
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on day of , 2023.

CITY OF EL CENTRO
By _____________________
Martha Cardenas-Singh, Mayor
ATTEST:

By _____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By________________________________
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

AYES:

NOES:

ABSENT:

ABSTAINED:

By__________________________
Norma Wyles, City Clerk

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Packet Pg. 149 Attachment: Reso 23- approval of CM contract (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment

CONSULTANT AGREEMENT

FOR PROFESSIONAL SERVICES

BETWEEN THE

THE CITY OF EL CENTRO
AND
Balfour Beatty Construction, LLC

FOR CONSTRUCTION MANAGEMENT SERVICES RELATING TO THE

POLICE STATION PROJECT

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Packet Pg. 150 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment

CONSULTANT AGREEMENT BETWEEN THE CITY OF EL CENTRO AND

BALFOUR BEATTY CONSTRUCTION, LLC FOR CONSTRUCTION MANAGEMENT

SERVICES RELATING TO THE POLICE STATION PROJECT
THIS AGREEMENT (“this Agreement” or “the Agreement”) is made and entered into by the City of El Centro, (“the City”) and Balfour Beatty Construction, LLC., an active Delaware Limited Liability Company, (“the Consultant”) for the Consultant to provide construction management services (“the Consulting Services”) for the (“the Project”). City and Consultant each may be referred to as a “Party” and collectively as the “Parties.”

RECITALS
City wishes to retain the services of a professional firm to provide the Consulting Services and has carried out an RFP process to obtain such firm(s); and As confirmed through the City’s RFP process, Consultant has the expertise, experience and personnel necessary to provide the Consulting Services for the Project; and City and the Consultant now wish to enter into an agreement whereby the City will retain the Consultant to provide, and the Consultant shall provide, the Consulting Services for the Project.

ARTICLE I

CONSULTING SERVICES
The above-listed recitals are true and correct and are hereby incorporated by reference.

1.1 Scope of Services.

The scope of services will include construction management services related to the construction of a new Police Station as further described in Exhibit A - Scope of Work.attached and incorporated as if fully set forth herein (also called the “Consulting Services”).

1.2 Task Administrator.

The Public Works Department is the task administrator for this Agreement. The Consultant shall provide the Consulting Services under the direction of the Public Works Director or his designee (“the Director”). The Public Works Director or designee will communicate with the Consultant on all matters related to the administration of this Agreement and the Consultant’s performance of the Consulting Services rendered hereunder. When this

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Packet Pg. 151 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment
Agreement refers to communications to or with the City, those communications will be with the Director unless the Director or the Agreement specifies otherwise.

1.3 City Modification of Scope of Services.

1.4 Written Authorization.

1.5 Confidentiality of Services.

Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to the Consultant, at the time that it was disclosed to the Consultant by the City, (b) subsequently becomes publicly known through no act or omission by the Consultant or (c) otherwise becomes known to the Consultant other than through disclosure by the City as needed to establish a defense. Except for Subcontractors (as that term is defined in section 4.4), neither the documents nor their contents shall be released to any third party without the prior written consent of the City.

ARTICLE II

DURATION OF AGREEMENT

2.1 Term of Agreement.

This Agreement shall be effective as of the last signature date in this agreement (the “date of approval”) and will remain in effect until the Consulting Services are completed, but in no event later than two (2) years from the date of approval and may be extended for up to (3) one (1) year extensions by mutual agreement, unless sooner terminated pursuant to the provisions of this Agreement.

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Packet Pg. 152 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment

2.2 Time of Essence.

The Parties agree that time is of the essence for each provision of this Agreement, unless otherwise specified in this Agreement.

2.3 Notification of Delay.

2.4 Force Majeure.

If delays in the performance of the Consulting Services are caused by unforeseen events beyond the control of the Parties, such delay may entitle the Consultant to a reasonable extension of time. The following conditions may constitute such a delay: pandemic, epidemic, war, changes in law or government regulation, labor disputes, strikes, fires, floods, adverse weather or other similar condition of the elements necessitating cessation of the Consultant’s work, inability to obtain materials, equipment or labor, required additional Consulting Services or other specific reasons agreed to between the City and the Consultant; provided, however, that (a) this provision shall not apply and the Consultant shall not be entitled to an extension of time for a delay caused by the acts or omissions of the Consultant.

2.5 City’s Right to Suspend for Convenience.

The City may, at its sole option and for its convenience, suspend all or any portion of the Consultant’s performance of the Consulting Services, for a reasonable period of time not to exceed six (6) months. In accordance with the provisions of this Agreement, the City will give written notice to the Consultant of such suspension. In the event of such a suspension, in accordance with the provisions of Article III of this Agreement, the City shall pay to the Consultant a sum equivalent to the reasonable value of the Consulting Services the Consultant has performed up to the date of suspension. Thereafter, the City may rescind such suspension by giving written notice of rescission to the Consultant. The City may then require the Consultant to resume performance of the Consulting Services in compliance with the terms and conditions of this Agreement; provided, however, that the Consultant shall be entitled to an extension of time equal to the length of the suspension as well as to request an equitable adjustment to Consultant’s compensation for unavoidable costs incurred during the suspension period, unless otherwise agreed to in writing by the Parties.

2.6 City’s Right to Terminate for Convenience.

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Packet Pg. 153 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment
complete any and all additional work necessary for the orderly filing of documents and closing of the Consultant’s Consulting Services under this Agreement. For services rendered in completing the work, the Consultant shall be entitled to fair and reasonable compensation for the Consulting Services performed by the Consultant up to the effective date of termination. After filing of documents and completion of performance, the Consultant shall deliver to the City all drawings, plans, calculations, specifications and other documents or records related to both the Project and to the Consultant’s Consulting Services on all task(s). By accepting payment for completion, filing and delivering documents as called for in this paragraph, the Consultant discharges the City of all of the City’s payment obligations under this Agreement.

2.7 City’s Right to Terminate for Default.

2.8 Replacement of Consultant.

2.9 City’s Right to Terminate for Bankruptcy or Assignment for the Benefit of Creditors.

ARTICLE III

COMPENSATION

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Packet Pg. 154 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment

3.1 General.

The City shall pay the Consultant for all the Consulting Services and all expenses related to performance under this Agreement in an amount not to exceed that set forth in the fee schedule attached hereto and incorporated herein as Exhibit “B.” The Consultant shall be entitled to compensation for the Consulting Services under this Agreement, whether within the scope of work for any task, or as additional services, based on the fee schedule.

3.2 Reserved.

3.3 Manner of Payment.

The Consultant shall complete all work required by this Agreement for a not to exceed sum of one million six-hundred seventy-two thousand one hundred twenty dollars and zero cents ($1,672,120.00)

3.3.1 Manner of Payment. The Consultant shall bill all fees and expenses incurred in accordance with this Agreement directly to the City on a monthly basis for each Task Consultant shall further provide a report with each invoice that includes the total cumulative Agreement expenses.

3.4 Additional Services.

3.5 Changed Conditions
Should City or Consultant’s determine there is a need to reconsider provisions of this Agreement in light of occurrences or discoveries that were not originally contemplated by or known to the Consultant or City that call for contract renegotiation, the City or Consultant shall identify the changed condition necessitating renegotiation and the Consultant and the City, shall promptly and in good faith enter into renegotiation of this agreement. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this agreement.

3.6 Additional Costs.

Additional costs (“Additional Costs”) are those costs that can be reasonably determined to be related to the Consultant’s negligent errors or omissions, and may include Consultant, City or Subcontractor (as that term is defined in section 4.4) overhead, construction, materials, demolition and related costs. The Consultant shall not be paid for the Consulting Services required due to the Consultant’s negligent errors or omissions, and the Consultant shall be responsible for any direct damages associated with such negligent errors or omissions” These direct damages may be deducted from monies due, or that become due, the Consultant.

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Packet Pg. 155 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment

ARTICLE IV
CONSULTANT’S OBLIGATIONS

4.1 Industry Standards.

4.2 Right to Audit.

4.2.3 City’s Right--Binding on Subcontractors. The Consultant shall include the City’s Right as described in section 4.2, in any and all of their subcontracts, and shall ensure that these sections are binding upon all Subcontractors (as that term is defined in section 4.4).

4.3 Insurance.

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Packet Pg. 156 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment
The Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit “C” attached hereto and incorporated herein.

4.4 Subcontractors.

4.4.1 Subcontractor Contract. All contracts entered into between the Consultant and a Subcontractor shall contain the information as described in sections 4.6, 4.7 and, 4.10.2 as well as any other information, terms and conditions required elsewhere in this Agreement to be included in said agreements) and shall also provide as follows:

4.4.1.2 The Consultant is obligated to pay the Subcontractor, for Consultant- and City-approved invoice amounts, out of amounts paid by the City to the Consultant, not later than fourteen (14) working days from the Consultant’s receipt of payment from the City. Nothing in this paragraph shall be construed to impair the right of the Consultant and any Subcontractor to negotiate fair and reasonable pricing and payment provisions among themselves.

4.4.1.4 In any dispute between the Consultant and a Subcontractor, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute.

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Packet Pg. 157 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment
The Consultant agrees to defend and indemnify the City as described in Article VI of this Agreement in any dispute between the Consultant and a Subcontractor should the City be made a party to any judicial or administrative proceeding to resolve the dispute in violation of this position.

4.4.1.5 The Subcontractor is bound to the same requirements as the primary consultant for assurances to the City regarding non-discrimination covenants set forth in section 4.6.

4.5 Contract Activity Report.

4.6 Non-Discrimination Requirements.

The Consultant shall not discriminate on the basis of race, gender, gender identity, gender expression, religious creed, national origin, color, sexual orientation, age, disability (mental and physical) including HIV and AIDS, ancestry, medical condition (cancer and genetic characteristics), genetic information, marital status, gender identity, military or veteran status or sex (which includes pregnancy, childbirth and medical conditions related thereto) in the solicitation, selection, hiring or treatment of Subcontractors, vendors or suppliers. The Consultant shall provide equal opportunity for Subcontractors to participate in subcontracting opportunities. The Consultant understands and agrees that violation of this clause shall be considered a material breach of this Agreement and may result in contract termination, debarment or other sanctions. This language shall be in contracts between the Consultant and any Subcontractors, vendors and suppliers.

4.7 Drug-Free Workplace.

4.7.2 Drug-Free Awareness Program. The Consultant shall establish a drug-free awareness program to inform employees about all of the following:

4.7.2.1 The dangers of drug abuse in the work place.

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Packet Pg. 158 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment

4.7.2.2 The policy of maintaining a drug-free work place.

4.7.2.3 Available drug counseling, rehabilitation and employee assistance programs.

4.7.2.4 The penalties that may be imposed upon employees for drug abuse violations.

4.7.3 Posting the Statement. In addition to section 4.7.1 above, the Consultant shall post the drug-free policy in a prominent place.

4.8 Americans with Disabilities Act Statement.

4.9 Product Endorsement.

The Consultant acknowledges and agrees that any advertisement identifying or referring to the City as the user of a product or service requires the prior written approval of the City.

4.10 Conflict of Interest.

The Consultant is subject to all Federal, State and local conflict of interest laws, regulations and policies applicable to public contracts and procurement practices, including but not limited to California Government Code sections 1090 et seq. and 81000 et seq. The Consultant shall complete one (1) or more statements of economic interest disclosing relevant financial interests as described on Exhibit “D” attached hereto and incorporated herein (“Consultant’s Statement of Financial Interest”) which may be amended from time to time by City. Upon the City’s request, the Consultant shall submit the necessary supplementary documentation to the City.

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Packet Pg. 159 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment

4.10.2 The Consultant and its Subcontractors having subcontracts amounting to one percent (1%) or more of the value of the Consulting Services agreed to under this Agreement are precluded from providing construction management services to the City’s contractor on the Project, and any other construction services related in any way to the Consulting Services without the prior written consent of the City.

4.11 Mandatory Assistance.

4.12 Compensation for Mandatory Assistance.

4.13 Attorneys’ Fees Related to Mandatory Assistance.

4.14 Retention of Records.

Consultant is required to keep all related accounting records and documents under this Agreement for a period of not less than five (5) calendar years after completion of all projects hereunder. Upon the City’s request, the Consultant shall submit exact duplicates of

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Packet Pg. 160 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment
originals of all requested records to the City.

ARTICLE V
CITY’S OBLIGATIONS

5.1 Ownership of Documents.

Whether or not the Consultant has received any compensation for the Consulting Services performed, all documents, including but not limited to, original plans, studies, sketches, drawings, computer printouts and disk files and specifications prepared in connection with or related to any task or Consulting Services shall be the property of the City. The City’s ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The City’s ownership entitlement includes ownership of any and all work product completed. This section

5.1 shall apply whether the Consultant’s Consulting Services are terminated by the completion of the Project or in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the Consultant shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files and specifications at its sole expense.

The Consultant shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications.

Any reuse or modification of the project documents by the City shall be at the City’s sole risk.

5.2 Additional Consultants or Contractors.

The City reserves the right to employ, at its own expense, such additional consultants or contractors as the City deems necessary to perform work or to provide the Consulting Services on the Project.

5.3 Employment of City Staff.

ARTICLE VI

INDEMNIFICATION

6.1 Indemnification and Defense for Professional Services.

To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless the City and any and all of its officials, employees, and agents (“Indemnified Parties”)

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Packet Pg. 161 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment
from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by the City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.

6.2 For All Other Liabilities
Notwithstanding the foregoing and without diminishing any rights of the City under Section 9.A., for any liability, claim, demand, allegation against the City arising out of, related to, or pertaining to any act or omission of Consultant, but which is not a professional service, Consultant shall defend, indemnify, and hold harmless the City, its officials, employees, and agents (“Indemnified Parties” and for the avoidance of doubt expressly excluding any design professionals) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the City, except for the sole or active negligence of, or willful misconduct of the City.

ARTICLE VII

MISCELLANEOUS

7.1 Notices.

Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To CITY: City of El Centro
Attn: Public Works Director/City Engineer
1275 West Main Street
El Centro, CA 92243

Attention: City Clerk
Norma Wyles
1275 West Main Street
El Centro, CA 92243

To CONSULTANT: Balfour Beatty Construction, LLC.

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Packet Pg. 162 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment
Brian Cahill, President
13520 Evening Creek Dr. North, Suite 270
San Diego, CA 92128

7.2 Headings.

All article headings are for convenience only and shall not affect the interpretation of this Agreement.

7.3 Non-Assignment.

7.4 Independent Contractors.

7.5 Consultant and Subcontractor Principals for Consulting Services.

It is understood that this Agreement is for unique Consulting Services. Retention of the Consultant is based on the particular professional expertise of the individuals rendering the services set forth in each task. Accordingly, portions of the described service may not be delegated to other members of the team or Subcontractors without prior written consent by the City. It is mutually agreed that Balfour Beatty Construction, LLC is the principal person responsible for delivery of all Consulting Services and may not be removed from any tasks without the City’s prior written approval. In the event Balfour Beatty Construction, LLC becomes unavailable for any reason, the City must be consulted as to any replacements. Further, the City reserves the right, after consultation with the Consultant, to require removal of the Consultant’s employees or agents.

7.6 Covenants and Conditions.

All provisions of this Agreement expressed as conditions on the part of the City or the Consultant shall be deemed to be covenants and conditions.

7.7 Compliance with Controlling Law.

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Packet Pg. 163 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment
The Consultant shall comply with laws, ordinances, regulations and policies of the Federal, State and local governments applicable to this Agreement in effect at execution of the contract as those may be modified from time to time. In addition, the Consultant shall comply immediately with all directives issued by the City or its authorized representatives under authority of any laws, statutes, ordinances, rules or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement.

7.8 Jurisdiction, Venue and Attorneys’ Fees.

7.9 Successors in Interest.

7.10 Integration.

7.11 Counterparts.

This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all Parties had executed the same page.

7.12 No Waiver.

7.13 Severability.

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Packet Pg. 164 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment
The unenforceability, invalidity or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal.

7.14 Municipal Powers.

Nothing contained in this Agreement shall be construed as a limitation upon the powers of the City as a charter city of the State of California.

7.15 Drafting Ambiguities.

7.16 Signing Authority.

7.17 Conflicts between Terms.

7.18 Non-Appropriation.

ARTICLE VIII

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Packet Pg. 165 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment
Consultant, Exhibit "A" hereto. In the event of conflict, the requirements of CITY's Request for Proposals and this Agreement shall take precedence over those contained in the Consultant's proposals. The incorporation of the Consultant’s proposal shall be for the scope of services to be provided only, and any other terms and conditions included in such proposal shall have no force and effect on this Agreement or the relationship between Consultant and/or City, unless expressly agreed to in writing.

ARTICLE IX

AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, this Agreement is executed by the City Council of the City of El Centro, acting by and through the City Manager, authorizing such execution, and by the Consultant.

THE CITY OF EL CENTRO
Date: _________________ By: _____________________________ Cedric Cesena, Interim City Manager
ATTEST:
_________________________
Norma Wyles, City Clerk
I HEREBY CERTIFY I can legally bind CONSULTANT, and that I have read all of this Agreement, this day of , 20 .

Date: _________________ By: _____________________________

I HEREBY APPROVE the form and legality of the foregoing Agreement this day of 20 .

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Packet Pg. 166 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21
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APPROVED AS TO FORM
Office of the City Attorney
By ________________________________
Elizabeth L. Martyn, City Attorney

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Packet Pg. 167 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21
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EXHIBIT A – SCOPE OF WORK

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Packet Pg. 223 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21
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EXHIBIT B – FEE SCHEDULE

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Packet Pg. 224 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) City of El Centro Police Station | Project No. 299-2101 24

8. Estimated Costs
Revised Fee Proposal
Our fee encompasses all the tasks outlined in the scope of work indicated in the RFP and are summarized by hourly rate as follows:

Position Total
Hours
2023
Rates
Expenses &
Reimbursables
/ Hour
Project Executive 531 X $196.00 + $33.00 = $121,599
Sr. Construction Manager 4128 X $177.00 + $33.00 = $866,880 Assistant Construction Manager 175 X $165.00 + $33.00 = $34,650 Estimating 227 X $165.00 + $33.00 = $44,986
Scheduling 232 X $162.00 + $33.00 = $45,318
PA / Labor Compliance 888 X $101.00 + $33.00 = $118,992 6182 $1,028,432 $203,933 $1,232,425
Labor Increases (3% Per Annum) $26,530
SUBTOTAL $1,258,955
Technology Enhancement:

OpenSpace Capture System
.003% + $1500 Equip + Markup
$12,250
TOTAL $1,271,205

Cost Breakdown by Phase
Preconstruction $143,788
Construction (includes Testing) $1,351,874
Post Construction
(Commissioning/ Move-in/
Warranty)
$176,458
$1,672,120
Balfour Beatty’s 2023 Base Hourly Rates are fully burdened, including Overhead & Profit. As requested in RFP, Balfour Beatty has identified anticipated Professional Service Expenses, $203,933 ($33.00/Hour), including insurance, printing, communications, travel, etc. As noted in Addendum No.2, Question #6, Temporary Facilities in association with CM Services during the construction phase shall be included in the GC’s Bid Package and are not included in the Hourly rates. Hourly rates increase at 3% per annum in response to labor increases and market inflation.

EXHIBIT "B" - FEE SCHEDULE

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Packet Pg. 225 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) City of El Centro Police Station | Project No. 299-2101 25 A subcontract will be held with Construction Testing & Engineering (CTE) for specialty inspection and laboratory testing. CTE’s rates to Balfour Beatty Construction, LLC are shown on the following pages, and summarized as follows:

Materials Testing and Inspection $196,360
Geotechnical Testing Services $100,480
Alternate Hazardous Survey Services $19,075
Subtotal $315,915
Balfour Beatty Construction, LLC - E&O Deductible Coverage (No Markup)
$85,000
Total $400,915
Please reference project specific assumptions/exclusions outlined in the CTE Testing Proposal on page 28. Balfour Beatty Construction, LLC has not included any additional costs in our fee/staffing proposal in association with these assumptions/exclusions. City of El Centro, Public Works Department, to reimburse all testing costs based upon actual Geotechnical and Material Testing & Inspection Services performed on site in association with CTE’s Testing Proposal dated February 13, 2023.

Thank you for your consideration. Please contact us if there are any questions or clarifications needed regarding our Fee Proposal. Sincerely,
Balfour Beatty Construction, LLC
Brian H. Cahill, President–California Division

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Packet Pg. 226 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement)

CITY OF EL CENTRO POLICE STATION
Construction Management Services - Updated Staffing Plan / Fee Schedule 2023 2024 2025
Staffing
Hours Rate Total Hours Rate Total Hours Rate Total Grand Totals

A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D PRECONSTRUCTION 143,788
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Principal - SVP - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Project Executive 60 88 - - - - - - - 148 229 33,903 - - - - - - - - - - - - - 236 - - - - - - - - - - - - - - 243 - 33,903 Sr. Construction Manager 120 176 - - - - - - - 296 210 62,149 - - - - - - - - - - - - - 216 - - - - - - - - - - - - - - 222 - 62,149 Assistant Construction Manager - - - - - - - - - - 198 - - - - - - - - - - - - - - 204 - - - - - - - - - - - - - - 210 - - Estimating 60 88 - - - - - - - 148 198 29,378 - - - - - - - - - - - - 204 - - - - - - - - - - - - - - 210 - 29,378 Scheduling 30 44 - - - - - - - 74 195 14,406 - - - - - - - - - - - - - 201 - - - - - - - - - - - - - - 207 - 14,406 PA / Labor Compliance 12 18 - - - - - - - 30 134 3,952 - - - - - - - - - - - - - 138 - - - - - - - - - - - - - - 142 - 3,952 Sr. Superintendent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BUILDING CONSTRUCTION 1,351,874
Principal - SVP - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Project Executive - - 17 16 18 16 17 16 16 116 229 26,573 17 16 17 18 18 15 18 18 16 18 15 17 201 236 47,389 - - - - - - - - - - - - - 243 - 73,961 Sr. Construction Manager - - 168 160 184 160 168 160 160 1,160 210 243,559 168 160 168 176 176 152 176 176 160 176 152 168 2,008 216 433,728 - - - - - - - - - - - - - 222 - 677,287 Assistant Construction Manager - - 8 8 9 8 8 8 8 58 198 11,513 8 8 8 9 9 8 9 9 8 9 8 8 100 204 20,482 - - - - - - - - - - - - - 210 - 31,994 Estimating - - 4 4 5 4 4 4 4 29 198 5,756 4 4 4 4 4 4 4 4 4 4 4 4 50 204 10,241 - - - - - - - - - - - - - 210 - 15,997 Scheduling - - 8 8 9 8 8 8 8 58 195 11,291 8 8 8 9 9 8 9 9 8 9 8 8 100 201 20,180 - - - - - - - - - - - - - 207 - 31,472 PA / Labor Compliance - - 42 40 46 40 42 40 40 290 134 38,721 42 40 42 44 44 38 44 44 40 44 38 42 502 138 69,276 - - - - - - - - - - - - - 142 - 107,997 Safety Manager - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Sr. Superintendent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CT&E Inc - Material Testing & Inspection (Reference Proposal) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 400,915 OpenSpace Capture (Requested Add-on Service) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 12,250 POST CONSRUCTION SERVICES 176,458
Principal - SVP - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Project Executive - - - - - - - - - - 229 - - - - - - - - - - - - - - 236 - 17 15 17 18 - - - - - - - - 66 243 16,135 16,135 Sr. Construction Manager - - - - - - - - - - 210 - - - - - - - - - - - - - - 216 - 168 152 168 176 - - - - - - - - 664 222 147,408 147,408 Assistant Construction Manager - - - - - - - - - - 198 - - - - - - - - - - - - - - 204 - 4 4 4 4 - - - - - - - - 17 210 3,486 3,486 Estimating - - - - - - - - - - 198 - - - - - - - - - - - - - - 204 - - - - - - - - - - - - - - - - - Scheduling - - - - - - - - - - 195 - - - - - - - - - - - - - - 201 - - - - - - - - - - - - - - - - - Project Accountant - - - - - - - - - - 134 - - - - - - - - - - - - - - 138 - 17 15 17 18 - - - - - - - - 66 142 9,429 9,429 Safety Manager - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Sr. Superintendent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Total w./ Burden 2,407 481,202 2,962 601,296 813 176,458 1,672,120 Reimbursables - - - -
-
Subtotal Construction Management 481,202 601,296 176,458 1,672,120 CT&E Inc (Included Above) -
Not Used -
Not Used -
Not Used -
Not Used -
-
Subtotal Support Consultants - - - -
TOTAL CONTRACT - - - 1,672,120

CONSTRUCTION MANAGEMENT SERVICES

CONSULTANTS
Updated Fee Schedule Proposal
City of El Centro Police Station
Construction Management Services
May 18, 2023

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Packet Pg. 227 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) February 13, 2023 PR E23026
4810.0123.00053
Balfour Beatty
Attn: Dan Ferguson
13520 Evening Creek Drive North Ste, 270
San Diego, CA 92128
(619) 733-7978
[email protected]
SUBJECT: REVISED PROPOSAL TO PROVIDE GEOTECHNICAL, MATERIALS TESTING AND SPECIAL

INSPECTION SERVICES AND PROFESSIONAL ENVIROMENTAL SERVICES PROJECT: CITY OF EL CENTRO POLICE STATION
LOCATION: 1249 W. MAIN STREET EL CENTRO, CA 92243
Mr. Ferguson,
Attached is our revised proposal to provide geotechnical, materials testing, and special inspection services and Professional Environmental Services for the above project. Our estimate is based on review of the Request for Proposals (RFP) provided. Our rates are based on State of California prevailing wage rates; if this were to change for any reason; CTE will adjust the rates accordingly. We reviewed Addendum No. 1-2.

We are fully capable of providing all the proposed services from our accredited facilities in Escondido and Chula Vista, California.

Thank you for the opportunity to present this proposal. We look forward to working with you on this project.

If you have any questions regarding this proposal or our capabilities, please contact Debbie at (949) 637- 1414.

Respectfully,
CONSTRUCTION TESTING & ENGINEERING, INC.

State DIR - SB 845 Registration # 1000006116
Debbie Brock Dan T. Math, GE #2665
SoCal Area Business Development Manager President / Principal Engineer [email protected] [email protected]

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Packet Pg. 228 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) City of El Centro Police Station PR E23026
El Centro, CA February 13, 2023
Construction Testing & Engineering, Inc. Page 2 of 6

Proposed Materials Testing and Inspection Services:

Service Qty Unit Rate Total
Reinforced Concrete Inspection 96 hrs @ $125 $ 12,000
ACI Concrete Technician 84 hrs @ $125 $ 10,500
Rebar Inspection 96 hrs @ $125 $ 12,000
Reinforced Masonry Inspection 400 hrs @ $125 $ 50,000
Post-Installed Drilled Anchor Inspection 40 hrs @ $125 $ 5,000 Post-Installed Drilled Anchor Testing 40 hrs @ $125 $ 5,000 AWS/CWI - Field Welding & High-Strength Bolting 400 hrs @ $125 $ 50,000 Non-Destructive Testing Inspector - Field 40 hrs @ $135 $ 5,400 Non-Destructive Testing Inspector - Shop 40 hrs @ $135 $ 5,400 Fireproofing Inspection/Adhesion/Cohesion Test 120 hrs @ $125 $ 15,000 Base Plate Grout Compression Testing 12 each @ $30 $ 360 Base Plate Grout Inspection 12 hrs @ $125 $ 1,500
Concrete Compression Tests 130 each @ $30 $ 3,900
Fireproofing Density Test 60 each @ $75 $ 4,500
Masonry Composite Prism Tests - 8"x 8"x 16" 24 each @ $125 $ 3,000 Mortar Compression Tests 36 each @ $30 $ 1,080
Grout Compression Tests 56 each @ $30 $ 1,680
Sample Pickup 20 hrs @ $75 $ 1,500
Field Test Equipment (i.e., Torque Wrench, Air Meter, NDE Scope) 304 hrs @ $0 $ - Administrative Assistant 26 hrs @ $90 $ 2,340
Project Management 20 hrs @ $130 $ 2,600
Sr. Engineer Services 24 hrs @ $150 $ 3,600
Estimated Sub-Total Materials Testing and Inspection: $ 196,360 Police Station (El Centro, CA)

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Packet Pg. 229 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) City of El Centro Police Station PR E23026
El Centro, CA February 13, 2023
Construction Testing & Engineering, Inc. Page 3 of 6
Proposed Geotechnical Testing Services:

Service Qty Unit Rate Total
Soils Technician (Compaction Test - Fine Grading, Over-Ex) 280 hrs @ $130 $ 36,400 Soils Technician (Compaction Test - Trench Backfill) 120 hrs @ $130 $ 15,600 Soils Technician (Compaction Test - Pavement SG / Base) 120 hrs @ $130 $ 15,600 Asphaltic Paving Inspection 40 hrs @ $130 $ 5,200
Geopier/Aggregate Column Inspection - Engineer / Geologist 56 hrs @ $130 $ 7,280 Footing Inspection - Engineer / Geologist 16 hrs @ $130 $ 2,080 Lab Maximum Density Test 8 each @ $240 $ 1,920
Expansion Index 4 each @ $200 $ 800
Soil Classification with Gradation and Atterburg 4 each @ $245 $ 980 Aggregate Conformance Testing (SA, SG, No. 200, Organic Impurities, Unit Weight) 4 each @ $220 $ 880 "R" Value Testing 4 each @ $265 $ 1,060
Asphalt Full Conformance Test (% Asphalt, Gradation, Hveem, Max Theoretical Density, Stabilometer)
1 each @ $620 $ 620
Asphalt Modified Conformance Test (% Asphalt, Gradation, Hveem) 4 each @ $380 $ 1,520 Field Test Equipment (i.e., Nuclear Gauge) 560 hrs @ $0 $ - Administrative Assistant 20 hrs @ $90 $ 1,800
Project Management 16 hrs @ $130 $ 2,080
Misc. Engineering Services 28 hrs @ $120 $ 3,360
Sr. Engineer/Geologist Services 22 hrs @ $150 $ 3,300
Estimated Sub-Total Geotechnical Services: $ 100,480
Estimated Total Proposed Services: $ 296,840
Alternate Hazardous Survey Services:

Service Qty Unit Rate Total
Initial Site Assessment & Impact Evaluation 65 hrs @ $175 $ 11,375 Samples Laboratory Testing 1 unit @ $2,450 $ 2,450
Hazardous Material Environmental Discuss Report 1 unit @ $5,250 $ 5,250 $ 19,075
Other Optional Services:

Service Unit Rate
Floor Flatness/Levelness Test hrs @ $125
AWS/CWI - Shop Welding & High-Strength Bolting hrs @ $125 Firestop Inspection hrs @ $125
Architectural Component Inspection hrs @ $125
MEP Component Inspection hrs @ $125
Building Envelope Testing hrs @ $125

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Packet Pg. 230 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) City of El Centro Police Station PR E23026
El Centro, CA February 13, 2023
Construction Testing & Engineering, Inc. Page 4 of 6

ASSUMPTIONS
A construction schedule was not available for this estimate.

Plans and specifications were not available for this estimate.

Soils Report was not available for this estimate.

No overtime is scheduled.

No weekend work is scheduled.

The hourly rate reflects an anticipated start date of 2023.

All work performed outside our scope of service will be invoiced per CTE 2023 Schedule of Fees. 5 Concrete cylinders taken for each 50 Cubic Yards per specs.

Assumes steel fabricating shops are approved and inspections will be waived/not required.

Out of State Shop Inspection/ Coordination Should Require Additional Costs.

MEP/Architectural Component Inspections are included under options and subject to timing and particular request.

Costs of Final and As-Graded Reports, and Pad Certifications are covered under Engineer Services. **Patching of core is assumed to be performed by the contractor/client. Patching may be provided as an extra cost.

This budget estimate reflects realistic amounts of inspection and testing at a Prevailing wage inspection rate.

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Packet Pg. 231 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) City of El Centro Police Station PR E23026
El Centro, CA February 13, 2023
Construction Testing & Engineering, Inc. Page 5 of 6

AUTHORIZATION FOR WORK TO BE PERFORMED
Should this scope of work, as described, meet with your approval, you may authorize the work to proceed by signing a copy of this proposal and returning it to our office. Should you believe that a modified scope of work may better meet your current needs, please contact our office. The attached CTE Standard Terms and Conditions shall govern this agreement.

GENERAL CONDITIONS
This will be a T&M based contract.

Client will be invoiced in accordance with CTE and State of California prevailing wage requirements, using a five-day work week; all overtime will be billed at 1.5 times regular rate, until or unless double time rates apply. Additional services would be provided in accordance with our standard schedule of fees.

Please note that all inspector and technician rates may increase every July 1, commensurate with the State of California annual increase.

Late, same day, or show up time cancellations will be subject to a two-hour minimum charge, or actual time expended. Site time plus two hours and Portal- to- Portal charges may also apply.

This proposal is a good faith estimate of project inspection and testing costs. Actual billing will depend on the actual construction schedule and re-testing requirements.

This quote is valid for at least 90 days from date on letter EXECUTED BY CLIENT’S AUTHORIZED REPRESENTATIVE: ________________________________________________(signature) Printed Name: _________________________________________________________________________________________ Title: _________________________________________________________________________________________ Telephone: _________________________________________________________________________________________ E-Mail: _________________________________________________________________________________________ Date Accepted: _________________________________________________________________________________________ Client Business Name: _________________________________________________________________________________________ Client Business Address: _________________________________________________________________________________________

ACCOUNTS PAYABLE INFORMATION
A/P Contact Name: _________________________________________________________________________________________ A/P Contact Telephone: _________________________________________________________________________________________ A/P Contact E-Mail: _________________________________________________________________________________________ * A/P Contact E-Mail must be provided before CTE can proceed with its proposed services

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Packet Pg. 232 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) Construction Testing & Engineering, Inc. Page 6 of 6
CONSTRUCTION TESTING & ENGINEERING, INC.

STANDARD TERMS & CONDITIONS

1. SCOPE OF AGREEMENT: CTE’s written proposal along with these Terms and Conditions contain the entire agreement (“Agreement”) between CTE and its client (“Client’) relating to the project and the services provided by CTE for the project. Client may negotiate the modification or elimination of any of these Terms and Conditions with CTE prior to signing the Agreement. By signing the Agreement and/or agreeing to receive CTE’s services as described in the proposal, Client agrees to be bound by these Standard Terms and Conditions. Client agrees that it has been provided a copy of, read, and agrees to these Standard Terms and Conditions. Any prior discussions, negotiations, or representations not expressly set forth in the written proposal and these Terms and Conditions are not part of the agreement. CTE requires that all modifications to the scope of the proposal and these Standard Terms and Conditions be in writing and signed by both CTE and Client. CTE’s lack of enforcement of any term, condition, or covenant shall not constitute a waiver of any such unenforced term, condition, or covenant, or CTE’s right to insist upon future strict compliance with these Standard Terms and Conditions. If any term, condition, or covenant of these Standard Terms and Conditions is held to be invalid, void, or unenforceable, the remaining provisions of these Standard Terms and Conditions shall remain valid and binding on all parties.

2. PAYMENT TERMS: CTE shall submit monthly invoices for the work performed on the project to Client, and said invoices shall be due and payable upon receipt. No retention shall be held by Client. Client agrees that failure to timely pay these invoices is a material breach of the agreement. Client agrees that upon its failure to timely pay CTE invoices, CTE may suspend its work pending payment, and may elect to terminate without penalty the contract under which Client did not timely tender payment for services rendered. Client agrees that the periodic invoices are presumed to be correct, conclusive, and binding on Client unless Client notifies CTE in writing of alleged inaccuracies, discrepancies, or errors in the billing within ten (10) days after receipt of such invoices. Client agrees to pay a late charge of 1-1/2% per month on the unpaid balance commencing thirty (30) days after receipt of an invoice. In the event of any increase in the hourly rates charged for its testing, inspection, or engineering services specified by this agreement, CTE shall provide 30 days advance notice to Client of any such increase.

Clientshall have two (2) weeksin which to objectto the increase, and any failure to timely object shall constitute an acceptance of the increase.

3. CHANGES IN SCOPE OF WORK: Client agrees that if it requests incidental or additional services not specified by the written proposal, it will pay CTE for such services based upon CTE’s customary hourly or unit price rates for said testing, inspection, and engineering. In the event that changes are made to the plans and specifications for the project or Client modifies or alters the scope of its work, CTE shall be entitled to additional compensation to the extent that the change increases CTE’stesting, inspection, or engineering services, or the duration of CTE’s performance.

4. TIME: Client agrees that time is of the essence in connection with CTE’s services, and that an extension or delay to CTE’s performance duration shall result in increased costs to CTE. Client further agrees that any CTE extended performance duration or delay beyond that specified by the written proposal, and if none is specified by the proposal, by the initial approved construction schedule, shall justify additional compensation to CTE. Said additional compensation shall be based upon CTE’s customary hourly, daily, or monthly rates or unit prices for its testing, inspection, and/or engineering services.

5. PROJECT DELAY: CTE is not responsible for project delay or damages resulting therefrom caused in whole or part by the activities of Client, contractor, or its subcontractors, or governmental agencies, or by factors beyond CTE’s reasonable control, including but not limited to, delays caused by reason of strikes, accidents, acts of God, weather, or failure of Client to furnish timely information or approval of CTE’s work. CTE shall not be responsible for any delays caused by the actions and/or omissions of governmental agencies including but not limited to the processing of building permits or Environmental Impact Reports. CTE shall only act as an advisor to its Client on any governmentalrelations or approvals.

6. OWNERSHIP OF WORK-PRODUCT: All documents, papers, drawings, testing data, or other work-product prepared by CTE (“CTE Work Product”), and copies thereof, shall remain the property of CTE and may not be used by or relied upon by other third parties without CTE’s express written consent. Provided that Client pays for all services rendered in full, Client may rely upon the CTE Work Product for its intended purpose. In the event that Client fails to pay CTE for the services rendered, Client agrees to return all documents, papers, drawings, testing data, or other work-product prepared by CTE and not to use, lend, or otherwise authorize the use of said documentswithout CTE’s written consent.

7. MUTUAL COOPERATION: CTE and Client agree to cooperate with each other in every way necessary in order to effectuate the intent of this Agreement.

Client shall make available to CTE all information regarding existing and proposed conditions at the site, including but not limited to plot plans, topographic surveys, hydrographic data, and soil data including borings, field and laboratory tests, and written reports. Client shall provide and/or ensure that free access is provided to the site for all necessary equipment and personnel.

8. TERMINATION: CTE and Client each have the right to terminate, with or without cause, the Agreement upon ten (10) days written notice to the other party. If Client terminates the Agreement, CTE shall cease performance of all nonscheduled services. Notwithstanding the foregoing, CTE shall have no obligation to perform any services within five (5) days of the noticed termination date of the Agreement. Client shall be responsible for the payment of all services performed prior to the noticed termination date of the Agreement. If CTE terminates the Agreement, Client assumes all responsibility for substitute performance of all obligations memorialized in the Agreement. Under no circumstance shall CTE be responsible for consequential damages arising from the termination of the Agreement or any other cause. CTE and Client agree to a mutual waiver of any consequential damages.

9. WARRANTY: CTE warrants that it and its professionals are properly licensed to perform the services rendered. Client understands and agrees that CTE does not guarantee the completion, quality of work performed by others on the project, or that the construction work complies with the specifications, plans, or building codes. CTE makes no warranty, either express or implied, to its findings, recommendations, testing or engineering results, or professional advice except that its testing, inspection, and/or engineering work was performed pursuant to generally accepted engineering standards within the industry in effect at the time of performance and within the geographic location in which the work was performed. CTE makes no representations concerning the nature of any subsurface soil condition unless specificallyprovided in writing.

10. EXCLUSION OF IMPLIED WARRANTIES. There are NO IMPLIED WARRANTIES OF MERCHANTABILITY and NO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE included with any products or materials incorporated into and/or utilized in connection with work performed by CTE. CTE expressly disclaims all IMPLIED WARRANTIES OF MERCHANTABILITY and WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.

11. USE OF FINALIZED/APPROVED DOCUMENTS: Client agrees not to use or permit the use by any other entity, any plans, drawings, or other construction documents prepared by CTE which are not signed by CTE or finalized. Client agrees to be liable and responsible for any such unauthorized use of unsigned plans, documents, or other construction documents not signed by CTE, and waives all rights and claims against CTE for their unauthorizeduse.

12. NO FIELD DIRECTION: Client understands that CTE’s field personnel provide technical assistance to Client at the project site, and that CTE will not perform construction supervision, construction management, or otherwise direct or oversee construction or the work. Client shall inform all contractors and subcontractors that CTE is providing technical assistance and is not directing the work.

13. CONSTRUCTION STAKING: In the event that any construction staking provided by CTE is destroyed, damaged, or disturbed by Client, the contractor, its subcontractors, an act of God or any other party other than CTE, the cost of re-staking shall be paid for by Client as extra work.

14. SAFETY: Client agrees that in accordance with the generally accepted industry standards and practices, the construction contractor will assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property, that this responsibility shall apply continuously and not limited to normal work hours, and that Client agrees to defend, indemnify, and hold CTE harmless from any and all liability, loss, or damage, real or alleged, in connection with accidents or injury on this project except to the extent caused by the sole negligence or willful misconduct of CTE.

15. PROFESSIONAL LIABILITY: CTE agrees to perform its testing, inspection, and/or engineering services in accordance with the written proposal, these Standard Terms and Conditions, and the custom and practice in the industry in place at the time the services were rendered, and in the geographic local in which the work was performed. Client understands and agrees that CTE performs testing and inspection services upon request by Client, and that unless Client specifically notifies CTE that particular testing and inspection is required, CTE assumes no responsibility to insure that any particular testing or inspection services are needed or performed. Client agrees to limit CTE’s liability to Client and to all contractors and subcontractors on the project, in total, due to alleged professional negligence, CTE’s acts, errors, or omissions, and breaches of contract, to the sum of Ten Thousand Dollars ($10,000) or CTE’s total invoiced and paid fee on the project, whichever isgreater.

16. CHOICE OF LAW/VENUE/DISPUTES: The Agreement between CTE and its Client shall be governed by and construed in accordance with the laws of the State of California. CTE and Client agree that any such action arising out of the services provided by CTE shall be brought in the Superior Court of the State of California, County of SanDiego. November 2020

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Packet Pg. 233 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment

EXHIBIT C

Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:

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Packet Pg. 234 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed

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Packet Pg. 235 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment
officers, agents, officials, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its sub-consultants.

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Packet Pg. 236 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment
CITY’s right to revise specifications. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY.

CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

Claims-made limitations. The following provisions shall apply if any of the required policies are written on a claims-made basis:

a. The Retroactive Date of the policy must be shown and must be before the date of the Agreement or the beginning of the contracted work.

b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.

c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a Retroactive Date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The Public Agency shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage.

d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

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Packet Pg. 237 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment

The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as the City’s adopted Conflict of Interest Code.

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Packet Pg. 238 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21
-0027/Agrment
EXHIBIT E – REQUEST FOR PROPOSAL

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Packet Pg. 239 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 1 REQUEST FOR PROPOSALS (RFP)
for

CITY OF EL CENTRO POLICE STATION

CONSTRUCTION MANAGEMENT SERVICES
Project No. 299-2101
The RFP includes an overview of Construction Management services required on the City’s new Police Station. It provides information on the site, project schedule, as well as submittal procedures and selection criteria for interested candidates.

A mandatory pre-proposal conference is scheduled for 1:30 PM on January 19, 2023 at the Economic Development conference room located at 1249 W. Main Street, El Centro CA. Candidate submittals must be received at the Public Works department no later than 5:00PM pacific daylight time February 3, 2023.

The City anticipates the design to be complete and ready to bid for construction in March, 2023 Requested by:

City of El Centro
Police Department / Public Works Department
1249 W. Main Street
El Centro, CA 92243
Phone: (760) 352-6178
January 2023

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Packet Pg. 240 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 2 Table of Contents
Page
A. Background...................................................................................................................3 B. Project Description.......................................................................................................3 C. Scope of Services………….. .....................................................................................4 D. Project Delivery Method..............................................................................................6 E. Statement of Qualifications..........................................................................................6 F. Consultant Contract Administration (Task Order Basis)............................................6 G. RFP Content……………............................................................................................6 H. Conflict of Interest……………...................................................................................7 I. Selection Criteria and Schedule……...........................................................................8 J. Selection Process...........................................................................................................8 K. Procedures for Submission............................................................................................9 Attachment 1 – Project Renderings, Site Plan and Floor Plan Attachment 2 – Sample Proposal Evaluation Form
Attachment 3 – Architect-Engineer Qualifications (SF-330) Attachment 4 – Levine Act Statement
Attachment 5 – Sample Agreement for Consulting Services

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Packet Pg. 241 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 3 CITY OF EL CENTRO

REQUEST FOR PROPOSAL

FOR CITY OF EL CENTRO CONSTRUCTION MANAGEMENT SERVICES
A. BACKGROUND
The City of El Centro is requesting proposals from Construction Managers, hereinafter referred to as “CM” for construction management services to manage the construction of a new Police Station at the City of El Centro. The firm ultimately selected will provide full construction management services as directed by the City. The primary funding for this project is being provided through bonds issued by the City of El Centro.

Qualified entities are invited to submit written proposals for consideration in accordance with this request. These services will be conducted under a contract with the City of El Centro, hereinafter referred to as "City.” The consultant entity is hereinafter referred to as "Consultant” or “CM” interchangeably.

Any contract emanating from this request shall be regulated according to the provisions of all Federal, State and local laws and ordinances that are applicable. The City requires evidence of insurance coverage: general liability, automobile liability, workers compensation, and professional errors and omissions. If the respondent does not have coverage in accordance with the City’s policies, then evidence must be submitted indicating that such coverage will be effective prior to entering into a contractual agreement with the City.

Per Public Contract code section 20103.6, the consultant is advised that this project includes provisions requiring the contracting firm to indemnify and hold harmless the City of El Centro against any and all liability. The requirement of this indemnification can be found in the sample contract agreement attached to this document.

The intent of this Request for Proposals is to obtain proposals from qualified construction management firms to provide services for Design Review, Estimated Costs Review, Assist in Managing the Bid Process, Provide Construction Management coordination activities, act as the City’s representative onsite, Prepare Closeout Reports, Coordinate project As Built drawings and O&M’s.

The City anticipates the design to be complete and ready to bid for construction in March, 2023.

The Request for Proposal (RFP) is available through Planet Bids, by accessing our website (www.cityofelcentro.org) and selecting “BUSINESS > PUBLIC WORKS (PLANET BIDS)” from the drop down menu.

B. PROJECT DESCRIPTION
The City of El Centro contracted with the architectural firm Arrington Watkins Architects, Inc (AWA) to prepare full plans and specifications for the new city Police Station.

The project consists of phased demolition of the existing police station to allow for the construction two buildings totaling 44,477 SF. The main building is 32,671 square feet two story building and will include a public lobby, a community meeting/multipurpose space, offices for administration, investigators and records and patrol related functions including:
lockers, fitness, report writing areas, etc. The second building is a support building of 11,806 square feet. The ground floor will house property and evidence, k-9, the fingerprint laboratory and various police support and storage functions.

The upper floor may house an indoor police firearms range, depending on the overall cost of the project.

Site work to include the development of 128 parking spaces, landscape upgrades and storm water management.

The project site faces on the north by a school and commercial properties, to the west and south by commercial areas, and to the east by government buildings.

Approval by the El Centro City Council of the contract bid and award of this project is required. The City anticipates having available approximately $30.5 million to complete the contractor construction phase of this project, including FF&E. Additional funding is set aside for design and construction administration costs.

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Packet Pg. 242 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 4 The existing construction will affect the activities of the existing Police Station, as such, CM shall work with City and contractor to keep the existing Police Station access open at all times.

The CM shall act as the City liaison on the site, and shall be vigilant during construction of construction processes as well as quality of finishes.

NOTE: City will depend on the CM expertise to advise City of items not foreseen by City or items requested by City, but not necessary for the type of facility. Said comments will be evaluated by the City along with each design submittal.

C. SCOPE OF SERVICES
The following is a representative sample of the work scope for this project. It is not meant to be all inclusive and the actual engagement will certainly require additional duties of a similar nature to those summarized below as the need arises. In fact, responses to this RFP are strongly encouraged to suggest other tasks and duties that may be applicable and useful to the City.

The selected firm will provide construction management services that include but are not limited to those listed in this section. No subcontractors shall be utilized without prior authorization by the City.

A. PRECONSTRUCTION SERVICES

1. Design Review
Provide qualified personnel to perform a bidability/constructability review between 90 to 100% construction document review. Review all plans and reference materials at end of design development and provide a report with recommendations. At a minimum the report shall cover feasibility of construction methods, current availability of materials and labor and time requirements for procurement as well as identify long lead services and materials. Coordinate delivery of report to City staff and design team.

2. Estimated Costs Reviews
Review all estimates completed to date as well as current program and project budgets and contracts as appropriate. Coordinate delivery of report to City staff and design team.

3. Assist in contractor pre-qualification effort.

City design team and City staff will develop pre-qualification process in coordination with the CM team. City will accept recommendations and input from both the CM team and Design team for pre-qualification requirements. CM shall receive all contractor prequalification submittals, review for completion, and review for adequacy, make reference check calls and provide a report to the City on whether contractors met the prequalification requirements for City final review.

4. Manage the Bid Process/ Project Document Control System Take the lead in developing and instituting the complete bid process from advertisement through City staff recommendation to Council for approval of award.

B. SERVICES DURING CONSTRUCTION

1. The City of El Centro will provide limited building inspection services and be available on a limited basis for the project. In general, ensure that contractor complies with plans and specifications (building materials, inspections, special inspections, adequate documentation, schedule, landscape soil amendments, quality of work, workmanship, etc). CM shall be the City eyes in the field.

2. Coordination efforts:
a. Act as liaison to the City. CM is the City’s eyes on the site.

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Packet Pg. 243 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 5 b. Coordinate the efforts of the architect, contractor, inspector and City to ensure proper communications and progress of the project. I.e., RFI, submittals, change orders, etc. c. Assure that the project meets the Plans and Specifications and stays on budget and schedule. d. Review, evaluate, and furnish recommendations to the City regarding contractor's performance, construction schedule and any other matters related to compliance with the contract, including but not limited to, material quality, workmanship quality and finish quality. e. Review and furnish contract correspondence, minutes of meetings and directives to be issued to secure the interests of the City.
f. Attend and moderate all construction-related site meetings with the City's representatives, contractors, and other meetings between related parties as required. Maintain separate notes on such meetings. g. Assist with providing any information to the City Departments as required. h. Ensure contractor is keeping AS-BUILT information updated and ready for delivery in a suitable format to the design team for delivery of AS-BUILT drawings to the City, including O&M manuals. i. Oversee the general contractor and subcontractor's scope of work to ensure the General Contractor is providing proper site supervision and coordination for the execution of the project work.

3. Provide a daily log of events and activities when onsite to secure the City's interests and monitor work accomplished in accordance with the contract. This is a high-level document for staff and management that could be shared in part to social media.

4. Provide detailed daily log of events, including activities, materials, personnel on site, equipment, issues encountered, inspections performed, safety meeting minutes, etc.

5. Provide a monthly update outlining project status, schedule, submittals, and change order issues. Include pertinent photos or documents. Photo documentation software may be beneficial, but not required. The report should include an analysis of any potential delays and their actual relevance. The report should be suitably formatted to share with the City Manager's Office.

6. Utility coordination: Assist the City with coordination with utility companies for facility services.

7. Labor compliance services: CM shall provide full labor compliance services to review certified payrolls, conduct interviews and provide recommendation of payments of invoices based on adequacy of certified payrolls provided by contractor. Services shall also include providing assistance to the City on any potential labor disputes.

8. Review and make recommendations regarding payments to contractor including Change Orders, when applicable, and recommendations regarding any proposed changes. Prepare and provide cost analysis where necessary to verify change order costs generated by the Contractor are reasonable and correct in scope.

C. POST CONSTRUCTION SERVICES

1. Upon completion of the project work, coordinate with the design team to provide a punch list review and recommendation of Project Acceptance. The punch list shall be strict on compliance of any commissioning documentation and quality of finishes. Coordinate the completion of the punch list items and provide a final report to the City on punch list completion, including date each item was completed.

2. Upon completion of the project work, review all of the Contractor's final submittals to ensure their compliance with final project close-out requirements. This includes ensuring contractor AS-BUILT documents are delivered to the design team, and coordinating until final AS-BUILT documents are delivered to the City.

3. Commissioning will be provided through the design team. Coordinate with the design team for commissioning of the building. Commissioning shall occur after construction is complete and commissioning documents and O&M manuals have been submitted to City in order to allow for staff training. No commissioning shall occur while there is active construction.

4. CM shall assist with owner occupancy and allow for orderly transition from the current facility to the new Police Station site. CM coordination shall be limited to ensuring access, utilities are in place and coordination with contractors and design team is available for re-trainings on the operation of the new facility, if needed.

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Packet Pg. 244 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 6 C.1 CITY’S DUTIES AND RESPONSIBILITIES
The City shall undertake the following duties and responsibilities:

1. Coordinate with the selected CM firm by way of in-house meeting, correspondence, telephone, and/or e-mail for purposes of facilitating implementation and completion of the project in a timely and acceptable fashion.

2. Pay all applicable City permit fees.

3. Review, comment on, and approve reports within a reasonable period of time.

4. The City will pay the selected Consultant in conformance with a mutually agreed upon schedule within thirty (30) days after receipt of an invoice (payment of invoices may be arranged to coincide with completion of stages of work).

5. The City will not provide dedicated work space facilities (i.e., office space).

6. The City shall furnish all applicable Policies, Procedures, and Reference materials that represent the City’s minimum requirements.

D. PROJECT DELIVERY METHOD
The project delivery method will be design, bid, and build for each phase of the project.

E. STATEMENT OF QUALIFICATION
Each firm shall submit Standard Form 330 and complete Parts I & II as part of this RFP. SF 330 is attached as Attachment 3.

F. CONSULTANT CONTRACT ADMINISTRATION
All consultant work will be authorized on an hourly rate not to exceed for each of the tasks above.

G. RFP CONTENT
The submittals in response to this solicitation shall not exceed 25 total pages in length including cover letter, proposed staffing plan, previous experience, proposed approach, Levine Act Disclosure and labor rate sheet. No appendices or elaborate brochures or other presentation material are desired. The RFP submittal content and format should demonstrate ability to follow direction set forth in this RFP. The RFP should be organized in the following sequence:

Cover Letter - Describe the firm or team's interest in and commitment to the project.

Proposed Approach -Provide a detailed explanation of the approach you would take for completing the work, addressing the tasks above and discussing the issues, challenges and solutions you would employ during the engagement. In particular describe what issues you foresee in your role as CM. Please also describe your overall approach to this role and how you anticipate interacting with the entire team including the CITY project Manager, the project Designer, City Public Safety task force, as well as the contractors.

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Packet Pg. 245 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 7 Proposed Staffing Plan -Designate the Principal, Project Manager in charge of the project, and the CITY contact throughout the duration of the contact. The submittal should describe the individuals and their roles on the team. Identify key staff members and a brief resume describing similar projects on which they have been involved, availability of the staff member over the duration of the project, and a description of the benefits the person brings to the team. Indicate recent, relevant experience and references on similar projects where a similar role was performed. Proposals shall clearly establish principal team member firms and sub consultants. An organization chart should be included. Any substitution of key staff during the project will require approval from the CITY. Evaluation of this segment of the proposals will be focused on individual members as well as the depth of your proposed team.

Previous Experience – Include descriptions of similar projects (police or public office building of at least half the size of the here proposed) previously performed by the staff proposed. The descriptions should include what services were performed, the date of the project, unique features of the project which would be beneficial to the CITY, and a client reference including email and phone contact information. Evaluation of this segment will be heavily weighted on your client reference remarks as solicited by the CITY.

Agreement Exclusions – Indicate in proposal any clauses, if any, in the City’s proposed Agreement, which are unacceptable to the Proposer. Federal and State requirements are non-negotiable.

Modified Scope of Work – The Proposer should specifically indicate in its proposal any recommended changes for the “Scope of Work”.

Lawsuit History – List any pending or settled lawsuits or professional liability claims in which the consultant was involved during the past ten (10) years.

Insurance – A copy of insurance certificate, or a letter of intent to provide insurance from the issuing company (including a description of types of coverage and dollar amount limits).

Estimated Costs – Submit with your response your hourly rate and overhead information in a separate sealed envelope clearly labeled as follows:

Sealed Fee Schedule Proposal
City of El Centro
Economic Development
Construction Management Services for the City of El Centro Police Station February 3, 2023
Sealed fee schedule

1. Develop costs and fees for the services based on hourly rates. Provide a clear breakdown of these costs by Task.

Task order shall closely mimic the proposed scope. Each task shall include proposed staffing effort, with corresponding hourly rates. List all professional service expenses anticipated including insurance, printing, communications and travel. Billing rates shall include provision for normal office costs, including but not limited to office rental, utilities, insurance, equipment, normal supplies and materials, in-house reproduction services and local travel costs. Indirect costs shall be based on undisputed audited records.

H. CONFLICT OF INTEREST
The project designer and its principal subs, as may be selected by this RFP, are precluded from responding to a future RFP for serving as the CM/Owner’s Representative for this project.

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Packet Pg. 246 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 8 J. SELECTION CRITERIA AND SCHEDULE
The City will hold a preproposal conference to review this RFP. Explanations or clarifications desired by respondents regarding the meaning or interpretation of this RFP may be requested at this conference or in written form by posting the question through Planet Bids.

The City specifically requests that any questions concerning this RFP be requested through Planet Bids. Please do not contact City staff. Questions will be answered by the City through Planet Bids.

Responses will be reviewed based on the following criteria:
 Proposed approach to the project.
 Previous experience with similar projects.
 Past success with managing all processes, procedures and paperwork for similar projects.  Qualifications of team members / Organizational chart with names and resumes.  Satisfaction of previous clients
 Project understanding and ability to work in a collaborative environment with other consultants, the contractor(s) regulatory and oversight agencies, etc. to help solve problems and deal in a constructive manner with issues and any conflicts that may arise during the entire design, procurement and construction processes.  Ability to provide justification for indirect costs through an undisputed audit conducted by a Federal or State agency.
 At interview, Power point presentation highlighting the above criteria Final staff recommendations to the Council as to the proposed successful respondent to this solicitation will be based on rankings established by the selection committee.

The following SCHEDULE is targeted for consultant selection:

RFP release date January 6, 2023
Mandatory Preproposal conference 1:30 PM, January 19, 2023 Economic Development conference room
1249 W. Main Street, El Centro, CA 92243
Deadline to submit requests for clarifications, corrections or modifications January 25, 2023 Submittals Due 5:00 PM prevailing time February 3, 2023 Interviews February 14-17, 2023 TENTATIVE
Consultant Selection / Council Approval March 21, 2023 TENTATIVE Notice to Proceed April 7, 2023 TENTATIVE
K. SELECTION PROCESS
The CM will be selected utilizing QBS (qualification-based selection) process. A summary of the City’s selection process is as follows:

1. Qualifications will be reviewed and ranked by the selection committee.

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Packet Pg. 247 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 9 2. A short-list of no more than five will be created from the ranking.

3. Interviews will be requested from the short-list firms.

4. The selection committee will rank the “top three” firms to be the most highly qualified to perform the services, will approve the list and authorize the contracting officer to begin negotiations with the top-ranked firm.

5. Negotiations will begin with the top-ranked firm, if no agreement is made, negotiations will move to the next top-ranked firm, and so on.

The City of El Centro reserves the right to reject any and all proposals submitted and/or request additional information for clarification.

This RFP does not commit the City to award a contract or pay any costs associated with the preparation of a proposal. The City reserves the right to cancel, in part or in its entirety, this solicitation should this be in the best interest of the City.

Questions concerning the proposal should be posted to Planet Bids.

L. PROCEDURES FOR SUBMISSION
A/E firms wishing to be considered should submit background materials in accordance with “RFP CONTENT” section of this RFP, and Standard Form 330.

Responses should be submitted to:

City Of El Centro
Public Works Department
1249 W. Main Street
El Centro, CA 92243
Six copies and one original must be received at the above address no later than 5:00PM prevailing time February 3, 2023
The response shall be enclosed in a sealed envelope and be plainly marked on the upper left-hand corner with the name and address of the bidder and bear the following:

Public Works Department
City of El Centro Police Station
Construction Management Services
February 3, 2023
5:00 PM
Submit with your response your hourly rate and overhead information in a separate sealed envelope clearly labeled as follows:

Sealed Fee Schedule Proposal
City of El Centro Police Station
Construction Management Services
February 3, 2023

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Packet Pg. 248 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 10 ATTACHMENT 1

CITY OF EL CENTRO POLICE STATION
Project Renderings

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Packet Pg. 249 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 11 New Police Station

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Packet Pg. 250 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 12 Site Plan

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Packet Pg. 251 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 13 Floor Plan – Main Building

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Packet Pg. 252 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 14 Floor Plan – Support Building

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Packet Pg. 253 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 15 Attachment 2
SAMPLE
Request for Proposals for construction management services for the City of El Centro Police Station

SCORING SHEET FOR SELECTION OF CONSULTANT
Phase Two
NAME OF COMPANY: .

SELECTION CRITERIA MAXIMUM

POINTS SCORE

1. Firm Experience:
 Number of years in operation and employee turnover rate.  Ability to provide a full range of services
 Work on similar projects
 References
25 2. Coordination and Supervision:
 Responsiveness and understanding of scope of work.
 Evidence and ability to provide efficient and comprehensive hands-on project management.
 Ability to maintain quality of work product.
 Demonstrated experience of project manager
20 3. Qualifications and Experience of Staff and/or Subconsultants:
 Current workload and record of meeting schedules and
projects.
 Completeness, accuracy and quality of proposal.
 Present qualification of principals and project team members including a clear definition of primary responsibility of each, and previous experience performing similar services.
 Demonstrated recent work experience with similar projects. 25 4. Teamwork:
 Demonstrated experience, ability and willingness to work as a team and with City staff and Design team. 10

5. Schedule and Budget Responsiveness:
 Demonstrated ability to complete previous projects, to meet critical deadlines, and remain within budget estimates. 10

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Packet Pg. 254 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 16 6. Quality Control and Assurance:

Evidence of:
 quality management policies
 assurance that projects are approached with critical and comprehensive thought
 ensure work meets professional standards
10 7. Litigation
 Firm’s history of litigation as both plaintiff and defendant 20 TOTAL VALUE 120
Comments:

Name of Reviewer: __________________________________
Signature: _________________________________________ Date: _____________________

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Packet Pg. 255 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 17 Attachment 3 - https://www.gsa.gov/forms-library/architect-engineer-qualifications

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Packet Pg. 261 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 23 Attachment 4
Levine Act
Statement
***PRIME PROPOSER AND SUBCONSULTANTS MUST SUBMIT A
SIGNED LEVINE ACT STATEMENT***
California Government Code § 84308, commonly referred to as the “Levine Act,” precludes an officer of a local government agency from participating in the award of a contract if he or she receives any political contributions totaling more than $250 in the 12 months preceding the pendency of the contract award, and for three months following the final decision, from the person or company awarded the contract. This prohibition applies to contributions to the officer, or received by the officer on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee.

City of El Centro Council Members as of the date of this RFP are as follows:

Martha Cardenas-Singh
Sylvia Marroquin
Edgard Garcia
Tomas Oliva
Sonia Carter

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City of El Centro Council Member in the 12 months preceding the date of the issuance of this RFP? YES NO
If yes, please identify the Council Member:

2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contributions of more than $250 to any City of El Centro Council Member in the three months following the award of the contract?
YES NO
If yes, please identify the Council Member:

Answering yes to either of the two questions above does not preclude City of El Centro from awarding a contract to your firm. It does, however, preclude the identified Council Member from participating in the contract award process for this contract.

DATE (SIGNATURE OF AUTHORIZED OFFICIAL)
(TYPE OR WRITE APPROPRIATE NAME, TITLE)
(TYPE OR WRITE NAME OF COMPANY)

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Packet Pg. 262 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 24 Attachment 5

SAMPLE AGREEMENT

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Packet Pg. 263 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment

CONSULTANT AGREEMENT

FOR PROFESSIONAL SERVICES

BETWEEN THE

THE CITY OF EL CENTRO
AND

CONSULTANT NAME

FOR CONSTRUCTION MANAGEMENT SERVICES RELATING TO THE

POLICE STATION PROJECT

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Packet Pg. 264 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment

CONSULTANT AGREEMENT BETWEEN THE CITY OF EL CENTRO AND

CONSULTANT NAME FOR CITY PROJECT
THIS AGREEMENT (“this Agreement” or “the Agreement”) is made and entered into by the City of El Centro, (“the City”) and Consultant Name, Inc. an active California Corporation, (“the Consultant”) for the Consultant to provide construction management services (“the Consulting Services”) for the (“the Project”). City and Consultant each may be referred to as a “Party” and collectively as the “Parties.”

ARTICLE I

CONSULTING SERVICES
The above-listed recitals are true and correct and are hereby incorporated by reference.

1.1 Scope of Services.

1.2 Task Administrator.

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Agreement refers to communications to or with the City, those communications will be with the Director unless the Director or the Agreement specifies otherwise.

1.3 City Modification of Scope of Services.

1.4 Written Authorization.

1.5 Confidentiality of Services.

ARTICLE II

DURATION OF AGREEMENT

2.1 Term of Agreement.

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2.2 Time of Essence.

The Parties agree that time is of the essence for each provision of this Agreement, unless otherwise specified in this Agreement.

2.3 Notification of Delay.

2.4 Delay.

The following conditions may constitute such a delay: pandemic, epidemic, war, changes in law or government regulation, labor disputes, strikes, fires, floods, adverse weather or other similar condition of the elements necessitating cessation of the Consultant’s work, inability to obtain materials, equipment or labor, required additional Consulting Services or other specific reasons agreed to between the City and the Consultant; provided, however, that (a) this provision shall not apply and the Consultant shall not be entitled to an extension of time for a delay caused by the acts or omissions of the Consultant; and (b) a delay caused by the inability to obtain materials shall not entitle the Consultant to an extension of time unless the Consultant furnishes the City, in a timely manner, documentary proof, to the City’s satisfaction and agreement, of the inability to obtain materials.

2.5 City’s Right to Suspend for Convenience.

2.6 City’s Right to Terminate for Convenience.

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Packet Pg. 267 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment
for delivery to the City. The termination of the Consulting Services shall be effective upon receipt of the notice by the Consultant. After termination of this Agreement, the Consultant shall complete any and all additional work necessary for the orderly filing of documents and closing of the Consultant’s Consulting Services under this Agreement. For services rendered in completing the work, the Consultant shall be entitled to fair and reasonable compensation for the Consulting Services performed by the Consultant up to the effective date of termination. After filing of documents and completion of performance, the Consultant shall deliver to the City all drawings, plans, calculations, specifications and other documents or records related to both the Project and to the Consultant’s Consulting Services on all task(s). By accepting payment for completion, filing and delivering documents as called for in this paragraph, the Consultant discharges the City of all of the City’s payment obligations under this Agreement.

2.7 City’s Right to Terminate for Default.

2.8 Replacement of Consultant.

2.9 City’s Right to Terminate for Bankruptcy or Assignment for the Benefit of Creditors.

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ARTICLE III

COMPENSATION

3.1 General.

3.2 Reserved.

3.3 Manner of Payment.

The Consultant shall complete all work required by this Agreement for a not to exceed sum of six hundred forty nine thousand five hundred forty eight dollars and zero cents ($649,548.00).

3.4 Additional Services.

3.5 Changed Conditions
Should City or Consultant’s determine there is a need to reconsider provisions of this Agreement in light of occurrences or discoveries that were not originally contemplated by or known to the Consultant or City that call for contract renegotiation, the City or Consultant shall identify the changed condition necessitating renegotiation and the Consultant and the City, shall promptly and in good faith enter into renegotiation of this agreement. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this agreement.

3.6 Additional Costs.

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responsible for any direct damages associated with such negligent errors or omissions. These Additional Costs may be deducted from monies due, or that become due, the Consultant. If, due to Consultant’s error, any required item or component of the project is omitted from the Consultant’s construction documents, the Consultant shall be responsible for paying the cost to add such item or component to the extent that such item or component would have otherwise been necessary to the project or otherwise adds value or betterment to the project. In no event will the Consultant be responsible for any cost or expense that provides betterment, upgrade or enhancement of the project.

ARTICLE IV
CONSULTANT’S OBLIGATIONS

4.1 Industry Standards.

4.2 Right to Audit.

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Consultant shall submit exact duplicates of originals of all requested records to the City.

4.3 Insurance.

The Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit “C” attached hereto and incorporated herein.

4.4 Subcontractors.

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Packet Pg. 271 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment
payment and the amount withheld and (d) the remedial action the Subcontractor must take in order to receive the amount withheld. Once the Subcontractor corrects the deficiency, the Consultant shall pay the Subcontractor the amount withheld within fourteen (14) working days of the Consultant’s receipt of the City’s next payment.

4.4.1.4 In any dispute between the Consultant and a Subcontractor, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute.

The Consultant agrees to defend and indemnify the City as described in Article VI of this Agreement in any dispute between the Consultant and a Subcontractor should the City be made a party to any judicial or administrative proceeding to resolve the dispute in violation of this position.

4.4.1.5 The Subcontractor is bound to the same requirements as the primary consultant for assurances to the City regarding non-discrimination covenants set forth in section 4.6.

4.5 Contract Activity Report.

4.6 Non-Discrimination Requirements.

4.7 Drug-Free Workplace.

4.7.1 Consultant’s Notice to Employees. The Consultant shall publish a statement notifying employees that the unlawful manufacture, distribution, dispensation,

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possession or use of a controlled substance is prohibited in the work place, and specifying the actions that will be taken against employees for violations of the prohibition.

4.7.2 Drug-Free Awareness Program. The Consultant shall establish a drug-free awareness program to inform employees about all of the following:

4.7.2.1 The dangers of drug abuse in the work place.

4.7.2.2 The policy of maintaining a drug-free work place.

4.7.2.3 Available drug counseling, rehabilitation and employee assistance programs.

4.7.2.4 The penalties that may be imposed upon employees for drug abuse violations.

4.7.3 Posting the Statement. In addition to section 4.7.1 above, the Consultant shall post the drug-free policy in a prominent place.

4.8 Americans with Disabilities Act Statement.

4.9 Product Endorsement.

The Consultant acknowledges and agrees that any advertisement identifying or referring to the City as the user of a product or service requires the prior written approval of the City.

4.10 Conflict of Interest.

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documentation to the City.

4.10.2 The Consultant and its Subcontractors having subcontracts amounting to one percent (1%) or more of the value of the Consulting Services agreed to under this Agreement are precluded from participating in construction management services , on behalf of the contractor, construction management and any other construction services related in any way to the Consulting Services without the prior written consent of the City.

4.11 Mandatory Assistance.

4.12 Compensation for Mandatory Assistance.

4.13 Attorneys’ Fees Related to Mandatory Assistance.

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not reimbursable.

4.14 Retention of Records.

ARTICLE V
CITY’S OBLIGATIONS

5.1 Ownership of Documents.

The Consultant shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications.

Any reuse or modification of the project documents by the City shall be at the City’s sole risk.

5.2 Additional Consultants or Contractors.

The City reserves the right to employ, at its own expense, such additional consultants or contractors as the City deems necessary to perform work or to provide the Consulting Services on the Project.

5.3 Employment of City Staff.

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ARTICLE VI

INDEMNIFICATION

6.1 Indemnification and Defense for Professional Services.

To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless the City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by the City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.

6.2 For All Other Liabilities
Notwithstanding the foregoing and without diminishing any rights of the City under Section 9.A., for any liability, claim, demand, allegation against the City arising out of, related to, or pertaining to any act or omission of Consultant, but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless the City, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the City, except for the sole or active negligence of, or willful misconduct of the City.

ARTICLE VII

MISCELLANEOUS

7.1 Notices.

Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To CITY: City of El Centro
Attn: Public Works Director/City Engineer
1275 West Main Street
El Centro, CA 92243

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Packet Pg. 276 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment
Attention: City Clerk
Norma Wyles
1275 West Main Street
El Centro, CA 92243

To CONSULTANT: Consultant Name, Inc.

Consultant Name -President
Address
City, State, Zip

7.2 Headings.

All article headings are for convenience only and shall not affect the interpretation of this Agreement.

7.3 Non-Assignment.

7.4 Independent Contractors.

7.5 Consultant and Subcontractor Principals for Consulting Services.

It is understood that this Agreement is for unique Consulting Services. Retention of the Consultant is based on the particular professional expertise of the individuals rendering the services set forth in each task. Accordingly, portions of the described service may not be delegated to other members of the team or Subcontractors without prior written consent by the City. It is mutually agreed that CONSULTANT NAME is the principal person responsible for delivery of all Consulting Services and may not be removed from any tasks without the City’s prior written approval. In the event CONSULTANT NAME becomes unavailable for any reason, the City must be consulted as to any replacements. Further, the City reserves the right, after consultation with the Consultant, to require removal of the Consultant’s employees or agents.

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7.6 Covenants and Conditions.

All provisions of this Agreement expressed as conditions on the part of the City or the Consultant shall be deemed to be covenants and conditions.

7.7 Compliance with Controlling Law.

The Consultant shall comply with laws, ordinances, regulations and policies of the Federal, State and local governments applicable to this Agreement in effect at execution of the contract as those may be modified from time to time. In addition, the Consultant shall comply immediately with all directives issued by the City or its authorized representatives under authority of any laws, statutes, ordinances, rules or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement.

7.8 Jurisdiction, Venue and Attorneys’ Fees.

7.9 Successors in Interest.

7.10 Integration.

7.11 Counterparts.

This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all Parties had executed the same page.

7.12 No Waiver.

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No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition and term hereof shall continue in full force and effect to any existing or subsequent breach.

7.13 Severability.

The unenforceability, invalidity or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal.

7.14 Municipal Powers.

Nothing contained in this Agreement shall be construed as a limitation upon the powers of the City as a charter city of the State of California.

7.15 Drafting Ambiguities.

7.16 Signing Authority.

7.17 Conflicts between Terms.

7.18 Non-Appropriation.

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written notice to the Consultant. Should the City elect to terminate the Agreement, it shall compensate the Consultant for the work it has performed up to the date of termination.

ARTICLE VIII

CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of City's Request for Proposal, Exhibit " E " hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit "A" hereto. In the event of conflict, the requirements of CITY's Request for Proposals and this Agreement shall take precedence over those contained in the Consultant's proposals. The incorporation of the Consultant’s proposal shall be for the scope of services to be provided only, and any other terms and conditions included in such proposal shall have no force and effect on this Agreement or the relationship between Consultant and/or City, unless expressly agreed to in writing.

ARTICLE IX

IN WITNESS WHEREOF, this Agreement is executed by the City Council of the City of El Centro, acting by and through the City Manager, authorizing such execution, and by the Consultant.

THE CITY OF EL CENTRO
Date: _________________ By: _____________________________ Marcela Piedra, City Manager
ATTEST:
_________________________
Norma Wyles, City Clerk
I HEREBY CERTIFY I can legally bind CONSULTANT, and that I have read all of this Agreement, this day of , 20 .

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Packet Pg. 280 Attachment: Proposed Agreement (5821 : Award Police Construction Management CM Services Agreement) 02/2021/Liz/A21-0027/Agrment
Date: _________________ By: _____________________________

I HEREBY APPROVE the form and legality of the foregoing Agreement this day of 20 .

APPROVED AS TO FORM
Office of the City Attorney
By ________________________________
Elizabeth L. Martyn, City Attorney

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EXHIBIT A – SCOPE OF WORK

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EXHIBIT B – FEE SCHEDULE

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EXHIBIT C

Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

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 A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
 Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies;  Policies shall “follow form” to the underlying primary policies; and  Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed

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officers, agents, officials, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its sub-consultants.

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CITY’s right to revise specifications. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY.

Claims-made limitations. The following provisions shall apply if any of the required policies are written on a claims-made basis:

a. The Retroactive Date of the policy must be shown and must be before the date of the Agreement or the beginning of the contracted work.

b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.

d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

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Marcela Piedra, City Manager Consultant Signature & Title B. In accomplishing the scope of services of this Agreement, Consultant will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant may make or participate in making a governmental decision, which may have a foreseeable material effect on a financial interest. As a result, the Consultant shall be subject to the Disclosure Category “Consultant” of the City’s Conflict of Interest Code.

Marcela Piedra, City Manager Consultant Signature & Title 1 Title 2, Division 6. California Code of Regulations Section 18701(a)(2). Pursuant to a contract with a local government agency, a consultant shall be required to file a Statement of Economic Interest if that consultant will: “(A) Make a government 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 agency to enter into, modify or renew a contract provided it is the type of contract which requires agency approval; (5) Grant agency approval to a contract which requires agency approval and which the agency is the party or to the specifications for such contract; (6) Grant agency approval to a plan, design, report, study or similar item; or (7) Adopt, or grant approval of policies, standards or guidelines for the agency or for any subdivision thereof; or (B) Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in regulation 18702.2 or performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency’s Conflict of Interest Code, under Governmental Code Section 87302.” 2 Disclosure by Consultants: Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the City’s adopted Conflict of Interest Code, subject to the following limitations: The City Manager may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that is limited in scope and closely supervised, and, thus, is not required to comply with the disclosure requirements in the City’s adopted Conflict of Interest Code. Such written determination shall include a description of the consultant’s duties.

The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as the City’s adopted Conflict of Interest Code.

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EXHIBIT E – REQUEST FOR PROPOSAL

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El Centro City CouncilJune 6, 2023

El Centro City Council
June 6, 2023