AGENDA
CITY OF EL CENTRO
CITY COUNCIL
TUESDAY, FEBRUARY 6, 2024
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 February 6, 2024.
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/4180375132?pwd=Rmo5UjZ1cWdyV1VoWUhSZWp6R0tVZz09&omn=81654404143 Optional dial-in number: 1 (669) 900-6833
Meeting ID: 418 037 5132 Passcode: 5iHJYM
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: Sylvia Marroquin City Manager: Cedric Ceseña
Mayor Pro-Tem: Edgard Garcia City Attorney: Elizabeth Martyn Evans Council Members: Tomás Oliva City Clerk: Norma Wyles
Sonia Carter
Martha Cardenas-Singh
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 February 6, 2024 City of El Centro Page 2
CITY COUNCIL ADJOURNS INTO CLOSED SESSION
CITY COUNCIL CLOSED SESSION
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 there will be litigation initiated against the City under Govt. Code Section 54956.9(d)(2) - 1 case regarding use of City facilities.
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:
6:05-6:10 CITY ATTORNEY REPORT ON CLOSED SESSION:
Agenda City Council of the City of El Centro February 6, 2024 City of El Centro Page 3
6:10-6:15 (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. 6:15-6:40 SCHEDULED PRESENTATIONS:
1. Certificate of Recognition - The Real Hope Center
2. Douglas Hisel, Operations & Safety Supervisor, CUHSD, Presentation of a Pedestrian Safety/Safe Routes to School Survey.
6:40-6:45 CONSENT AGENDA:
3. Approval of City Council Minutes of January 2, 2024, January 16, 2024 and January 30, 2024.
4. Approval of Water and Sewer Master Plans and Cost of Service Rate Study Request for Proposal.
6:45-7:05 NEW BUSINESS:
5. Discussion and any necessary action regarding the appointment of the City Manager and Fire Chief as representatives of the Imperial Valley Hazardous Incidents Response Committee (IV-HIRC) representing the City of El Centro.
PRESENTATION: Joseph Bernal, Fire Chief
RECOMMENDATION:
Adopt Resolution no. 24- , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO MAKING AND CONFIRMING CITY APPOINTMENTS TO
THE JOINT POWERS HAZARDOUS INCIDENTS RESPONSE TEAM
6. Extension of Ordinance Providing the Deferral of Certain Development Impact Fees
PRESENTATION: Angel Hernandez, Community Development Director RECOMMENDATION:
Approval of Ordinance No. 24- , AN UNCODIFIED ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, PROVIDING FOR THE
CONTINUING DEFERRAL OF PAYMENT OF CERTAIN DEVELOPMENT
IMPACT FEES , waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.
Agenda City Council of the City of El Centro February 6, 2024 City of El Centro Page 4
7:05-7:15 INFORMATION ITEM:
7. Consideration of Solar Lighting with Wireless for City Parks PRESENTATION: Edgard Garcia, Mayor Pro-Tem
RECOMMENDATION:
For discussion.
LEGISLATIVE ACTION:
7:15-7:35 TASK FORCE REPORTS AND MAYOR - COUNCIL MEMBER REPORTS:
7:35-7:45 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: 02/06/24 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Recognition
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Sylvia Marroquin
PRESENTATION (ID # 6245) DOC ID: 6245
Certificate of Recognition - The Real Hope Center
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City Council of the City of El Centro Meeting: 02/06/24 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Presentation
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
PRESENTATION (ID # 6249) DOC ID: 6249
Douglas Hisel, Operations & Safety Supervisor, CUHSD,
Presentation of a Pedestrian Safety/Safe Routes to School Survey.
ATTACHMENTS:
• Central Union High School (1) (PDF)
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Attachment: Central Union High School (1) (6249 : Presentation by Douglas Hisel, Central Union High School District)
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Attachment: Central Union High School (1) (6249 : Presentation by Douglas Hisel, Central Union High School District)
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Attachment: Central Union High School (1) (6249 : Presentation by Douglas Hisel, Central Union High School District)
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Attachment: Central Union High School (1) (6249 : Presentation by Douglas Hisel, Central Union High School District)
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Attachment: Central Union High School (1) (6249 : Presentation by Douglas Hisel, Central Union High School District)
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Attachment: Central Union High School (1) (6249 : Presentation by Douglas Hisel, Central Union High School District)
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Attachment: Central Union High School (1) (6249 : Presentation by Douglas Hisel, Central Union High School District)
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Attachment: Central Union High School (1) (6249 : Presentation by Douglas Hisel, Central Union High School District)
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Attachment: Central Union High School (1) (6249 : Presentation by Douglas Hisel, Central Union High School District)
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Attachment: Central Union High School (1) (6249 : Presentation by Douglas Hisel, Central Union High School District)
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Attachment: Central Union High School (1) (6249 : Presentation by Douglas Hisel, Central Union High School District)
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Attachment: Central Union High School (1) (6249 : Presentation by Douglas Hisel, Central Union High School District)
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Attachment: Central Union High School (1) (6249 : Presentation by Douglas Hisel, Central Union High School District)
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Attachment: Central Union High School (1) (6249 : Presentation by Douglas Hisel, Central Union High School District) City Council of the City of El Centro Meeting: 02/06/24 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Minutes
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 6247) DOC ID: 6247
Approval of City Council Minutes of January 2, 2024, January 16, 2024 and January 30, 2024.
CITY MANAGER’S RECOMMENDATION:
Approval of City Council Minutes of January 2, 2024, January 16, 2024 and January 30, 2024.
ATTACHMENTS:
• 01-02-2024 Cancelled CC Minutes (DOCX)
• 01-16-2024 Regular CC Minutes (DOCX)
• 01-30-2024 Special Meeting CC Minutes (DOCX)
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Book 37
REGULAR MEETING
EL CENTRO CITY COUNCIL
CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, JANUARY 2, 2024 11:30 A.M.
This being a regularly scheduled meeting date of the El Centro City Council, this date of January 2, 2024 at 11:30 a.m. and all Council Members were absent upon unanimous consent therefrom, and the undersigned City Clerk of the City of El Centro declared said meeting cancelled.
Notice was posted as legally required.
Next regular meeting to be held on Tuesday, January 16, 2024 at 11:30 a.m. __________________________________
Norma Wyles, City Clerk
APPROVED BY:
__________________________
Sylvia Marroquin, Mayor
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Attachment: 01-02-2024 Cancelled CC Minutes (6247 : Approval of City Council Minutes) Book 37
REGULAR MEETING
EL CENTRO CITY COUNCIL
CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, JANUARY 16, 2024, 11:30 A.M.
The El Centro City Council met in a regular session on Tuesday, January 16, 2024 at 11:35 a.m. in Conference Room “A”, El Centro City Hall, 1275 Main Street, El Centro, California for the purpose of closed session.
PRESENT: Council: Carter, Marroquin, Garcia
City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans ABSENT: Council: Oliva (arrived at 11:38 am), Cardenas-Singh (arrived at 11:45 am)
CLOSED SESSION PUBLIC COMMENT
Public comments were received by Maritza Hurtado and Jesus Solano.
CITY COUNCIL CLOSED SESSION
Moved by Garcia, second by Carter, to adjourn into closed session for:
CONFERENCE WITH REAL PROPERTY NEGOTIATIONS:
Property: El Centro City Library
Negotiator: City Manager
Negotiating With: Comite Civico
Under Negotiation: Electric Charging Stations
Motion unanimously carried.
Closed Session concluded at 12:30 p.m.
City Council recessed to 6:00 p.m.
OPEN SESSION
The El Centro City Council met in a joint regular session on Tuesday, January 16, 2024 at 6:01 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.
PRESENT: Council: Cardenas-Singh, Marroquin, Garcia, Carter City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans ABSENT: Council: Oliva (Excused)
A moment of silence was held for the four victims who lost their lives in a tragic accident in Brawley, California.
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Attachment: 01-16-2024 Regular CC Minutes (6247 : Approval of City Council Minutes) Book 37
Pledge of Allegiance to the flag of the United States of America was led by Mayor Pro-Tem Garcia and Invocation was given by Council Member Carter.
CITY ATTORNEY REPORT ON CLOSED SESSION
No reportable action from closed session.
PUBLIC COMMENTS
Public comments were received by Jose (Joe) Cosio.
CONSENT AGENDA (ITEMS 1-6)
Moved by Cardenas-Singh, second by Garcia, approving consent items # 1-6.
1. Approval of Warrant Registers for the Month of November 2023.
2. Approval of Warrant Registers for the Month of December 2023.
3. Approval of Payroll Registers for the Month of December 2023.
4. Approval of Treasurer’s Report for the Month of December 2023.
5. Approval of City Council Minutes of December 5, 2023, December 7, 2023, December 19, 2023, December 22, 2023 and December 28, 2023.
6. Adoption of Resolution No. 24-01, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO ACCEPTING GRANT FUNDS ALLOCATED FROM THE OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT PROGRAM.
AYES: Cardenas-Singh, Marroquin, Garcia, Carter
NOES: None
ABSENT: Oliva
ABSTAINED: None
PUBLIC HEARING
7. This was the date and time set for a public hearing for the purpose of considering approval of the statement of costs and recording of lien related to nuisance abatement at 695 Aurora Drive. Presentation by Angel Hernandez, Community Development Director.
Mayor Marroquin declared the public hearing opened and asked if anyone wished to speak in favor or opposition to come forward. Seeing no one wishing to speak, the public hearing was closed. Council member Cardenas-Singh asked if there had been any issues with fencing on the property, since it is adjacent to a school. Mr. Hernandez commented that there was a new chain link fence installed which prevents access to the property. Mayor Marroquin asked if the neighbors have complained and Mr.
Hernandez confirmed that they have called Community Development to complain.
Moved by Marroquin, second by Cardenas-Singh, adoption of Resolution No. 24-02, RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA APPROVING THE STATEMENT OF COSTS FOR SUMMARY NUISANCE ABATEMENT FOR 695 AURORA DRIVE
AND APPROVING THE RECORDING OF A NOTICE OF LIEN, COLLECTION THEREON AND RELATED ACTIONS PURSUANT TO CHAPTER 18 OF THE CITY CODE.
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Attachment: 01-16-2024 Regular CC Minutes (6247 : Approval of City Council Minutes) Book 37
AYES: Cardenas-Singh, Marroquin, Garcia, Carter
NOES: None
ABSENT: Oliva
ABSTAINED: None
NEW BUSINESS
8. Presentation by Abraham Campos, PE, - Public Works Director/City Engineer, approval of Contract Change Order #6 to Dogwood Road Improvements at Wake Ave. & Danenberg Drive project with Pyramid Construction and Aggregates Inc. authoring emergency work.
Moved by Cardenas-Singh, second by Garcia, approval of the execution of a contract change order 6 in the amount of $23,400 and approve a revised budget for the Dogwood Road Improvements at Wake Avenue & Danenberg Drive project.
AYES: Carter, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: Oliva
ABSTAINED:None
9. Presentation by Abraham Campos, PE, - Public Works Director/City Engineer, approve budget amendment to increase funding to the City Hall Energy Efficiency Upgrades Project.
Moved by Garcia, second by Cardenas-Singh, approval of budget amendment per Exhibit A of this report to reduce Measure P FY 24 funds to the Demolition of Valley Center Point building project and add $160,000 to the City Hall Energy efficiency upgrades project to supplement existing approved funding.
AYES: Cardenas-Singh, Marroquin, Garcia, Carter
NOES: None
ABSENT: Oliva
ABSTAINED: None
10. Presentation by Abraham Campos, PE, - Public Works Director/City Engineer, discussion and any necessary action regarding the Award of the East Main Street Even Hewes Hwy Rehabilitation Project.
Moved by Carter, second by Marroquin, adoption of Resolution No. 24-03, RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF EL CENTRO AWARDING THE BID AND AUTHORIZING
THE EXECUTION OF A CONTRACT FOR THE EAST MAIN STREET EVAN HEWES HIGHWAY REHABILITATION PROJECT.
AYES: Cardenas-Singh, Marroquin, Garcia, Carter
NOES: None
ABSENT: Oliva
ABSTAINED: None
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Attachment: 01-16-2024 Regular CC Minutes (6247 : Approval of City Council Minutes) Book 37
LEGISLATIVE
None
TASK FORCE AND MAYOR & COUNCIL MEMBERS REPORTS
Mayor and Council Members reported on their activities since last City Council meeting and upcoming events.
CITY MANAGER REPORT
Reported on activities.
ADJOURNMENT
With no further business the meeting was adjourned at 6:54 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Sylvia Marroquin, Mayor
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Attachment: 01-16-2024 Regular CC Minutes (6247 : Approval of City Council Minutes) Book 37
SPECIAL MEETING
EL CENTRO CITY COUNCIL
CITY HALL, CONFERENCE ROOM A
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, JANUARY 30, 2024, 12:00 P.M.
OPEN SESSION
The El Centro City Council met in a special meeting on Tuesday, January 30, 2024 at 12:00 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.
PRESENT: Council: Carter, Oliva, Marroquin, Garcia
City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans ABSENT: Council: Cardenas-Singh (arrived at 12:02 p.m.) Pledge of Allegiance to the flag of the United States of America was led by Council Member Oliva.
PUBLIC COMMENTS
No public comments were received.
NEW BUSINESS
1. Presentation by City Manager Cedric Ceseña, ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services due to January 22, 2024 Rain Storm Event.
Moved by Cardenas-Singh, second by Oliva, adoption of Resolution No. 24-04, PROCLAMATION BY
THE DIRECTOR OF EMERGENCY SERVICES OF A LOCAL EMERGENCY AS A RESULT OF THE JANUARY 24, 2024 RAIN STORM IN THE CITY OF EL CENTRO AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: None
MOTION TO GO INTO CLOSED SESSION:
Moved by Oliva, second by Garcia to go into closed session at 12:08 p.m.
CLOSED SESSION PUBLIC COMMENT:
No comments were received.
CONFERENCE WITH LEGAL COUNSEL
Conference with Legal Counsel – Existing Litigation pursuant to Govt. Code Section 54956.9 (d)(1) – updates on Avendano v. City of El Centro, Cruz v. City of El Centro, Irma Hill v. City of El Centro and Reel v. City of El Centro.
CITY ATTORNEY REPORT ON CLOSED SESSION
No reportable action.
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Attachment: 01-30-2024 Special Meeting CC Minutes (6247 : Approval of City Council Minutes) Book 37
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned 1:30 p.m. ____________________________
Norma Wyles, City Clerk
APPROVED BY:
_________________________
Sylvia Marroquin, Mayor
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Attachment: 01-30-2024 Special Meeting CC Minutes (6247 : Approval of City Council Minutes) City Council of the City of El Centro Meeting: 02/06/24 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Request for Proposal
Prepared By: Elizabeth Zarate
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 6225) DOC ID: 6225
Approval of Water and Sewer Master Plans and Cost of
Service Rate Study Request for Proposal
CITY MANAGER’S RECOMMENDATION:
Approve the Water and Sewer Master Plans and Cost of Service Rate Study Request for Proposal.
FISCAL IMPACT:
Estimated cost to complete this project is estimated at $150,000 to $250,000 to be split evenly between Water and Wastewater enterprise funds. A portion of this amount is a budgeted item in the FY24 budget. Staff will return to Council with a proposed contract and budget supplement request if needed to award a contract.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #2 Environmental Sustainability and 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:
NA
BACKGROUND:
Unlike many cities outside of our region, we operate and maintain our own water and sewer treatment plants, together with over 100 miles of sewer collection mains and over 100 miles of water distribution mains. We do not rely on water or sewer districts for this service. To do so, the city operates water and wastewater enterprise funds by billing residents for water and sewer services, which in turn funds the maintenance and operation of the treatment plants together with the distribution and collections systems previously described.
To effectively use the revenue generated, a master plan was approved around 2011 to account for needed capital improvements as well as operational costs. The plan is over 10 years old and needs to be updated to account for current growth projections, new State requirements, personnel costs, maintenance, operations and system reliability.
DISCUSSION:
Public works proposes to release a Request for proposals to 1) update our master plans, 2) review our current rate schedule, 3) review our water and sewer capacity fee schedule. This vital process will provide a road map to Public Works for the next ten years and beyond.
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Action Item (ID # 6225) Meeting of February 6, 2024
Tentative Schedule:
Award of Contract: May 21, 2024
Notice to proceed with master plan: June 7, 2024
Council presentation of master plan for approval December 2024 Water and Sewer rate discussion begins first quarter 2025.
CONCLUSION:
Approve the Request for Proposal as presented.
ATTACHMENTS:
• FINAL - RFP Water Sewer Master Plan and Cost of Service Rate Study - 01.30.24 AC (PDF) 4 Packet Pg. 30
Request for Proposals
Water and Sewer Master Plans
and
Cost of Service Rates Study
Proposals Due
March 22, 2024
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Attachment: FINAL - RFP Water Sewer Master Plan and Cost of Service Rate Study - 01.30.24 AC (6225 : Water & Sewer Maste Plans and Cost 2 | Page
City of El Centro Request for Proposals
Contents
I. Invitation for Bids and Project Description ........................................................................................... 3 II. Background ........................................................................................................................................... 3 III. Scope of Services – Water Master Plan ................................................................................................ 4 IV. Scope of Services – Sewer Master Plan ................................................................................................ 7 V. Water and Sewer Cost of Service Rate and Capacity Fee Study ......................................................... 13 VI. Submittal Content ............................................................................................................................... 17 VII. Standard Terms & Conditions……………………………………………………………………………………………………….19 VIII. Selection Criteria ................................................................................................................................. 19 IX. Tentative Schedule .............................................................................................................................. 20 X. Submission of Proposals ..................................................................................................................... 21 Attachments
A – Rate Schedules
B - Capacity Fee Schedule Resolution 07-100
C – Levine Act Statement
D – Sample Proposal Evaluation Form
E – Sample Consultant Agreement
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Attachment: FINAL - RFP Water Sewer Master Plan and Cost of Service Rate Study - 01.30.24 AC (6225 : Water & Sewer Maste Plans and Cost 3 | Page
City of El Centro Request for Proposals
Request for Proposal
Water and Sewer Master Plans
and Cost of Service Rates Study
I. Invitation for Proposals and Project Description
The City of El Centro is requesting proposals from qualified engineering firms to provide professional services to update the 2008 Sewer Master Plan and the 2008 Water Master Plan for the City of El Centro (collectively the “Master Plan Updates)”. At the conclusion of the Master Plan Updates, a prioritized (short term, midterm, long term) Capital Improvement Program (CIP) plan with detailed descriptions shall be prepared based on the findings), along with a comprehensive cost of service and capacity fees analysis. Additional information is provided in this RFP along with the required tasks for each plan and the rate study.
Consultant may submit proposals that includes any additional task they believe should be part of the scope. The City may select the top firm to develop the study.
The overall goal of these Master Plan Updates is to evaluate the existing system for capacity, identify existing and future capacity deficiencies in the system as a result of future developments through build-out of the city, and recommend upgrades and/or expansions to the plants in a prioritized manner to account for growth, operations and maintenance.
II. Background
The City of El Centro (City) is located in Imperial County, approximately 120 miles east of the City of San Diego. The City is approximately 11 square miles in area and as of the last federal census, the City’s population is approximately 45,000. The City expects continued growth, with population expected to reach approximately 61,000 residents (according to SCAGS estimated population growth for 2040 https://scag.ca.gov/data-tools-forecasting).
Water. The City owns and operates the water treatment plant and distribution system. Raw water is purchased from Imperial Irrigation District and stored in four 12.5 Million Gallon (MG) open reservoirs at the City’s Water Treatment Plant (WTP). After the raw water is treated to drinking water standards, it is stored in three tanks at the treatment plant, which have a combined capacity of 10.0 MG, and in one 4.0 MG tank located approximately two miles away.
The treated drinking water is pumped from these tanks into the distribution system, which includes approximately 148 miles of pipeline ranging in size from ¾ inches to 30-inches in diameter.
Sewer. The City owns and operates the sanitary sewer collection system within its service area.
This system is comprised of over 125 miles of gravity sewer line and 13 lift stations that collect and transmit wastewater generated within the service area to the City’s Wastewater Treatment Plant (WWTP).
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Attachment: FINAL - RFP Water Sewer Master Plan and Cost of Service Rate Study - 01.30.24 AC (6225 : Water & Sewer Maste Plans and Cost 4 | Page
City of El Centro Request for Proposals
III. Scope of Services – Water Master Plan
Task W1: Project Management
The Consultant shall be responsible for managing the performance of the contract, which includes but is not limited to identifying and the providing adequate staffing to organize and attend a minimum of two monthly progress meeting for the duration of the project, as well as provide budget status reports for monthly invoicing. Additionally, the Consultant shall incorporate attendance at two City Council meetings (dates to be determined). The first meeting shall consist of presenting the draft WMP as an update to the City Council, and the second meeting will consist of a presentation describing the water rate study (based on the draft WMP) that City Council will consider for adoption. The Consultant also will attend internal staff meetings in addition to monthly progress meetings.
The deliverable for Task W1 will consist of Technical Memorandum (TM) No. 1 which is intended to be a compilation of the monthly progress and budget status reports normally submitted with the monthly invoices.
Task W2: Review of Land Use and Previous Master Planning Documents The Consultant shall review all applicable previous planning documents and confirm existing and/or proposed land use designations with City staff. The City of El Centro’s existing general plan was adopted in 2004 and was last updated in 2021. The general plan is divided into numerous elements, all of which can be found on the City’s website. https://cityofelcentro.org/communitydevelopment/planning-documents/ The City also has also approved a Strategic Plan https://cityofelcentro.org/citymanager/strategic-plan/ to outline the City’s vision. In addition, the Consultant shall also review the City’s 2020 UWMP https://cityofelcentro.org/publicworks/urban-water-management-plan/ . Finally, City staff will provide the current Water Master Plan dated 2008 for review.
The deliverable for Task W2 will consist of TM No. 2 and include a discussion of the land use and document review as part of this task.
Task W3: Water Regulatory and Policy Review
The Consultant shall review current and upcoming/anticipated regulations that could affect the City’s operation of the distribution system and water treatment plant as set forth by the U.S.
Environmental Protection Agency (EPA), the National Pollutant Discharge Elimination System (NPDES) Permit, and the State Water Resources Control Board (SWRCB) Division of Drinking Water. The Consultant shall also review Chapter 28 of the City’s municipal code and offer recommendations on relevant updates as part of the water regulatory and policy review of this task.
The deliverable for Task W3 will consist of TM No. 3 and identify how the City’s facilities are suited or not suited to meet the current and anticipated regulations. TM No. 3 shall also include a list of recommended updates to Chapter 28 of the City’s municipal code.
Task W4: Water Treatment Plant Condition Assessment
The Consultant shall perform a comprehensive evaluation of all systems integral to the performance of the Water Treatment Plant (WTP), including all pumps and mechanical systems,
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electrical power systems, lighting systems, fluid piping systems, and control systems. The WTP was constructed in the mid-1960s and has undergone one expansion in 2011 since then. The original pump distribution room continues in operation, while the treatment side of the WTP was constructed in 2011. The Consultant shall also evaluate the hydraulic capacity of WTP and make a recommendation for future plant expansion(s) (if needed) based on the buildout conditions identified in the City’s general and specific plans.
The deliverable for Task W4 will consist of TM No. 4 and shall include a summary of existing condition deficiencies, build-out deficiencies, recommended improvements, and an estimated schedule for improvements for the duration of the capital program. The Consultant shall also prepare budgetary estimates over the duration of the schedule.
Task W5: Water Storage Condition Assessment
The Consultant shall perform a condition assessment on reservoir storage facilities which shall include a comprehensive evaluation of all systems integral to the performance of each of the treated and untreated water storage reservoirs, including structural integrity (e.g. foundation and tank material condition, internal and external coatings, ground settlement issues, seismic stability, et al.), access systems (e.g. ladders, access hatches, etc.), fluid piping and control systems. The Consultant shall provide an estimated remaining service life of major components and identify any material or equipment deficiencies.
Raw water reservoirs:
WTP Steel (above ground) 5MG
WTP Steel (above ground) 2.5 MG
WTP Steel (above ground) 2.5 MG
La Brucherie Steel (above ground) 4 MG
WTP raw water ponds
The City completed a tank resurfacing project in 2015 for the WTP storage tanks and resurfaced the La Brucherie Water Tank in 2011 as part of a seismic rehabilitation project.
The deliverable for Task W5 will consist of TM No. 5 and shall include a summary of condition deficiencies, recommended improvements, including any additional storage or expansion to existing facilities in the northeast portion of the City, as well as an estimated schedule for improvements for the duration of the capital program. The Consultant shall also prepare budgetary estimates over the duration of the schedule.
Task W6: Water Distribution System Condition Assessment The Consultant shall prepare a condition assessment for the City’s water transmission and distribution pipeline network, including existing cathodic protection systems. The City does not have a pipeline replacement schedule and will use the result of this assessment as a basis of recommendations for a replacement program.
The City uses Environmental Systems Research Institute (ESRI) ArcGIS as the basis of its geographical information systems (GIS) and has an enterprise license agreement with ESRI. The City has one GIS staff person who works together with Nobel Systems to host the city’s water data. The water related features in the GIS system include but are not limited to water lines,
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hydrants, and valve types. The City intends to use machine learning with the data contained in the hydraulic model, as well as a condition assessment solution (Fracta) to assess pipe condition, likelihood of failure and consequence of failure. The analysis shall inform the basis for a criticality score that will be used to formulate the capital improvement program over the next several years.
Fracta will assign a specific project manager to work with the selected Consultant.
The condition assessment using Fracta shall be used to provide a percentage score (likelihood of failure) for each individual pipe segment from the City’s hydraulic model and will be used to predict and categorize risk levels in specific pipe segments over the next several years. The City seeks to understand and determine the statistical probability that water mains within the system will fail and seeks to do so using the City’s existing water system data within Fracta’s modules (likelihood of failure and consequence of failure).
Additional considerations that shall be incorporated as part of water distribution system operations and long-term capital planning shall consider a well-funded backflow and cross connection program and increased emphasis on cathodic protection systems for specific areas within the City.
The deliverable for Task W6 will consist of TM No. 6 and shall include a summary of capital improvement projects for the City’s water distribution system over a period of the next ten years.
The projects identified within the water main distribution system shall include an estimated schedule for improvements for the duration of the capital program. The Consultant shall also prepare budgetary estimates over the duration of the schedule.
Task W7: Draft Capital Improvement Program
The Consultant will have prepared budgetary cost estimates for each of the improvement projects identified in Tasks W4 through W6. The Consultant shall discuss these cost estimates with City staff and obtain guidance on estimated add-on costs for environmental review, right-of-way acquisition, design, legal, and construction management for each construction project. Using this guidance, a total project cost for each construction project shall be developed. The Consultant should organize the projects into a CIP, using the estimated remaining service life and other project scheduling information from the master planning and condition assessment tasks to identify the recommended timing for each project. The project listing shall be easily transferable to the City’s CIP software provided by ClearGov.
City staff estimates that within the next ten years, the water enterprise fund will begin to face large annual and ongoing capital funding needs (which is based on the useful life of the current water utility infrastructure) which continue on for decades after. As our unseen, buried pipeline approaches the end of its useful life, it will be critical to maintain financial health by stabilizing the enterprise fund and minimizing the reliance on borrowed funds. In order to adequately fund maintenance and operations, as well as prepare for our future large infrastructure needs, Consultant shall provide staff monetary recommendations for budget reserve amounts to cover:
• Capital projects for the next 10 years
• Operating reserves to cover short-term cash requirements • As-needed emergency repairs
Preservation of a healthy reserve provides flexibility for drought years and State imposed water usage mandates to ensure that the City will be able to meet all minimum bond coverage reserve
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requirements as mandated by bond indentures. Besides ensuring that sufficient funds are available for future capital and maintenance needs for the City’s water system, the City’s rate structure also needs to factor in required debt service coverage ratios related to the City’s outstanding water bonds and possible future, recommended bond issues, if needed.
The deliverable for Task W7 will consist of TM No. 7 and include a compilation of prioritized capital improvement projects incorporated into a water system capital improvement program covering a period of no less than ten years. The capital improvement program should recommend an annual investment in capital improvement expenditures.
Task W8: WMP Report
The Consultant shall prepare a WMP Report consisting of a comprehensive master plan including an executive summary and the subsequent chapters carried out through review and approval of the technical memorandums. Each chapter shall contain a detailed narrative of the tasks performed, findings and recommendations.
The deliverables for Task W8 will consist of the following:
• Preliminary concept report for water system improvement recommendations in Microsoft Word and Adobe PDF format (editable);
• Rating table ranking all recommended system improvements categorized by risk in Microsoft Excel format (editable);
• Ten (10) year CIP table in Microsoft Excel format (editable) for those assets identified in Task W4 through Task W6;
• An 11” x 17” plan exhibit of the 10-year infrastructure replacement plan showing proposed water treatment plant projects over the 10-year horizon; • An 11” x 17” plan exhibit of the 10-year infrastructure replacement plan showing proposed water storage projects over the 10-year horizon;
• An 11” x 17” plan exhibit of the 10-year infrastructure replacement plan showing proposed water distribution projects over the 10-year horizon;
• GIS shape files detailing locations of replacement compatible with ArcGIS software.
The Consultant shall submit four (4) bound and one (1) unbound draft WMP reports for review prior to submittal of the final WMP report. The City shall review and respond with comments within four weeks of receiving the draft WMP report. The City will then host a meeting between both project teams to discuss all comments upon completion of the City’s review.
The Consultant shall prepare and submit five (5) copies of the final report along with one fully editable digital copy. All deliverables shall be submitted on a flash or other USB storage device.
IV. Scope of Services – Sewer Master Plan
The other overall goal of this Request for Proposal (“RFP”) is to update the 2008 Sewer Master Plan to evaluate the existing system for capacity along with identifying existing and future deficiencies in the collection system as a result of future development through build-out of the community. The findings from the master plan study will provide the basis for sizing future master planned sewer infrastructure to convey build-out peak dry and wet weather flows a long with provide guidance on prioritizing the CIP program to address system deficiencies and improve the overall system to meet current and future needs.
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The City’s sewer collection system has grown and as development continues, a comprehensible review of existing infrastructure and projected demands is needed to plan a phased approach for capital improvement project implementation. In addition, as the sewer collection system expands, the City’s existing Sewer GIS requires review and updating to enhance the quality and efficiency of operations and services.
The objectives of the Sewer Master Plan update are to perform, at minimum, not limited to, the following:
Review of the wastewater layer of the City’s GIS including all wastewater lines (excluding laterals) and perform a Gap/Needs Assessment of the City’s Sewer GIS. Construct a sewer model based upon the files received from the city and other entities after the Needs/Gap assessment updates are addressed.
Populate necessary hydraulic information to the model, including but not limited to:
o Wastewater load factors, flow patterns, and tributary flows. o Identify possible areas of infiltration.
Flow monitoring to hydraulically calibrate the expanded sewer system model. Utilize the model to identify those portions of the wastewater system that are overloaded under existing and under buildout conditions.
Assess the conditions and capacity of the waste water treatment plant. Assess the conditions and capacity of sewer lift stations. Review all lift stations and analyze whether any of the stations can be eliminated with gravity sewer system.
Prepare and update Sewer Master Plan report summarizing the findings of the Sewer Master Plan Update and list all recommended improvements. Prepare and prioritize Capital Improvement Program (CIP) that will address identified capacity and condition-related deficiencies for future pipeline, waste water treatment plant and lift station improvements.
Task S1. Data Collection and Field Investigations
The Consultant shall:
Review all existing documentation including previous Sewer Master Plan, sewer studies, maps, Sanitary Sewer Management Plan, the latest General Plan, specific plans, topographic, major facilities drawings, correspondence, records, video inspections, pump curves, operating data, SCADA, O&M logs and other data as needed in order to become familiar with the City’s sewer system.
Arrange for and conduct through site investigations to the selected sewer lift stations to gather needed data and confirm information from existing records and reports. The site visits will confirm the items for improvements and shall include all necessary inspection and testing efforts to evaluate the lift stations.
Task S1 Deliverables:
List of City’s information and available data
A detailed technical memo
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Task S2. GIS GAP Analyses & Needs Assessment
The Consultant shall:
Review all City provided GIS assets and identify any gaps in data that would prevent the GIS assets from being used to conduct a master plan level sewer model analysis. Identify missing sewer data in the GIS assets that is necessary to perform a master plan level sewer model analysis.
Assess all provided GIS sewer assets to develop a level of confidence in the data to develop the model for the sewer master plan sewer analysis.
Task S2 Deliverables:
A detailed technical memo identifying City sewer GIS assets that are missing data or need verification to perform a master plan sewer analysis.
Task S3. Temporary Flow Monitoring
The Consultant shall:
Develop an overall Flow Monitoring Plan and determine strategic locations to monitor flow within the areas of the Sewer Master Plan update based upon information available from the City.
Describe criteria for selected flow monitoring locations and alternative locations. Determine how many flow monitoring locations are required to calibrate the model. If necessary, Consultant shall perform site visits to verify accessibility and coordination concerns at proposed flow monitoring locations. Consultant shall contact required entities to assure successful installation and retrieval of flow monitoring devices. If a wet weather/storm event is captured during the monitoring period, include an inflow and infiltration (I/I) analysis of the data.
Task S3 Deliverables:
Flow monitoring plan to calibrate the model.
A detailed technical memo for criteria used to select locations in flow monitoring plan.
Task S4. Establish Sewer Flow Criteria
The Consultant shall:
Verify and update existing sewer flow criteria estimates of sewage flows from the land use data and criteria developed above, most recent flow monitoring, water demands and land use loads.
Analyze existing sewer flows by land use type. Peaking ratios will be developed using City data, and existing literature and reviews conducted by the Consultant for other municipalities similar to the City.
Develop design factors for an average and peak flow conditions and will include allowances for infiltrations and inflow into the system. Account for future projected flows to be correlated to the population and land use projected timeline, including possible Accessory Dwelling Units (ADU) and urban lot split mandates
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by the state. These future project flow will be used to evaluate system deficiencies in the City’s system under buildout conditions.
Task S4 Deliverables:
A detailed technical memo for City review outlining estimates to establish sewer flow criteria.
Task S5. Hydraulic Sewer Model Calibration and Update
The Consultant shall:
Provide a list of GIS based modeling software that the City can use going forward. It must at minimum meet the following by being:
o Compatible with the model that the Consultant is using to develop their analysis of the City of El Centro sewer system.
o Updatable as the City’s sewer system continues to grow and change. o User friendly so that a variety of staff in different departments can utilize the model with minimal to no training.
o Include on-going software, cost and maintenance for each software. Review previous sewer system model as described in the 2008 Sanitary Sewer System Master Plan.
Populate sewer mainlines with updated sewer loads, patterns, peaking factors, and all other necessary criteria to successfully integrate them into the final deliverable model. Identify and formulate an approach to update the existing and buildout conditions for the hydraulic model based upon available data.
Review flow monitoring results and utilize the results to calibrate the sewer hydraulic model for dry weather flows. Perform calibration for all flow monitoring locations.
Calibrate the test points within ten (10) percent accuracy. Review and recommend peak factor criteria, maximum velocity, minimum velocity, unit flow factors and diurnal wastewater profiles.
Task S5 Deliverables:
List of GIS based modeling software’s for the City to select for the sewer model being developed to utilize. Include memo detailing on-going software cost and maintenance. Sewer model in selected software with supporting GIS information. A detailed technical memo (TM) to document the basis for hydraulic sewer model update and calibration. TM should describe the methodology for updating wastewater flows, diurnal patterns, criteria for selection of flow monitoring locations, resolution to any data gaps, etc.
Task S6. Hydraulic Sewer Model Analysis
The Consultant will build and calibrate the City’s sewer model and use this tool to evaluate the hydraulic adequacy of the Cities sanitary sewer system under current and buildout flow conditions.
The Consultant shall:
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Perform hydraulic analysis of the calibrated model to evaluate flow conditions in the sewer system under existing and buildout flow conditions. The flow scenarios shall be included:
o Existing: Base scenario for current conditions.
o Buildout: Considering proposed new development and demand along with anticipated zoning changes, including possible additional homes associated with Accessory Dwelling Units or urban lot splits.
Generate a list of sewer pipeline deficiencies for existing and buildout conditions based on City Sewer Design Guidelines.
Perform hydraulic model analysis to evaluate and confirm capital improvements to address pipe deficiencies for existing and buildout flow conditions.
Task S6 Deliverables:
Sewer model
Training on how to run the model
Any GIS files extracted from the sewer model
A detailed technical memo for City review outlining results of the modeling and include a list of improvements to address the pipeline deficiencies under existing and buildout conditions.
Task S7. Sewer Lift Station and Force Main Condition Assessment and Resiliency Analyses The Consultant shall:
Review all lift stations and analyze whether existing lift stations and force mains are adequate in case of emergency work or failure.
Provide a cost estimate with exhibit showing alternatives for proposed solutions for lift station resiliency upgrades.
Formulate approaches to assessing the major lift stations. The approaches may utilize available data gathered previously, discussions with City of El Centro Operations staff, additional field visits or visual assessments, or conducting tests approved by City of El Centro.
Evaluation shall consider, but not be limited to:
o Capital cost estimate to maintain/upgrade lift stations. o Mechanical equipment: exposed piping, valves, fittings, pump, bypass system. o Electrical /Instrumentation system: cabinets and panels, emergency generator, instruments, service, lightning.
o Structural: wet well, dry well, lift stations building and foundation, surrounding site, stairways, safety railings.
o Air quality and ventilation: odor control system, gas detection alarms. o Lift station capacities under current and buildout scenarios.
Task S7 Deliverables:
Cost estimate and exhibit for alternatives to maintain/upgrade and add resiliency to sewer lift stations.
List of Sewer lift station deficiencies for existing and buildout conditions. Prepare a technical memo to discuss improvements for lift stations. Improvements shall include but not be limited to changes in pump operation, repairs or replacement of
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equipment, structural upgrades, recommendation of equipment (e.g. flow meter, cranes, etc.), and upgrades to ventilation system, piping and valves, drainage system, telemetry system, and electrical system.
Technical memo and cost estimate for any lift stations and force main upgrades.
Task S8. Update of Sanitary Sewer System Master Plan
The Consultant shall:
Provide an updated Sanitary Sewer System Master Plan for the city based upon all previous applicable tasks including a list of recommended improvements for Master Sewer CIP program.
Update the Master Sewer Plan to identify and prioritize specific Sewer system segments that are determined to be deficient.
Prioritize the specific Sewer segments based upon the severity of the capacity deficiency, importance of the component in the total Sewer system, cost effectiveness, and other applicable criteria.
Review City records and/or other related records to identify any improvements constructed per recommendations of the previous Sewer Master Plan.
Create two Master Plan of Sewers Exhibits to show current facilities and buildout sewer facilities.
o Existing Master Plan of Sewer exhibit
o Buildout Master Plan of Sewer exhibit
Task S8 Deliverables:
Two (2) hard copies and the Word files of a draft Sewer Master Plan. Deliver sewer hydraulic model and all supporting electronic documents for the hydraulic model and finalized report in a digital format acceptable to City GIS Technician. Deliver three (3) hard copies and one (1) PDF electronic copy of the report. Three (3) hard copies each of the existing and buildout Master Plant of Sewer exhibits and the electronic files.
Task S9. Capital Improvement Program (CIP)
The Consultant shall:
Develop a comprehensible list of Capital Improvements that addresses both capacity and reliability related deficiencies to meet the projected demands placed on the existing sanitary sewer system. That list will include tables that summarize pipelines sizes, materials, slope, capacity, design flows, and schedule. All recommended CIP Improvements shall have an associated technical justification (based on analyses) description, including whether or not the CIP Improvements are needed to provide service to an anticipated land development.
Provide all CIP descriptions to indicate relative priority and/or anticipated timing if needed for land development phasing. The prioritization of the specific Sewer segments shall be based upon the severity of the capacity deficiency, importance of the component in the total Sewer system, cost effectiveness and other applicable criteria.
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Provide a cost estimate broken down for CIP projects that shall also include, at a minimum, by construction cost, contingency, engineering and administration, and construction management. This cost shall be provided for all projects as this estimate shall be needed to perform a Capacity Fee Study.
The projects shall be easily transferable to the City CIP software provider ClearGov.
Task S9 Deliverables:
Deliver cost estimates.
Two (2) hard copies and the Word files of a draft Sewer CIP Plan. Deliver three (3) hard copies and one (1) PDF electronic copy of the final report.
V. Water and Sewer Cost of Service Rate and Capacity Fee Study
The Consultant shall conduct all necessary analyses and documentation to perform independent cost of service studies for the City's water and sewer utility and recommend a five-year rate schedule beginning July 2025. The goal of this cost of service rate study is to develop a fair and reasonable rate structure over a five-year period that meets the City’s minimum revenue requirements associated with operations and maintenance, as well as meeting future CIP needs.
The Consultant shall be expected to independently evaluate and make recommendations related to the City’s existing water and sewer rates and also the capacity fee schedule’s revenue generation capacity while meeting all capital, operations, and maintenance infrastructure needs.
A. COST OF SERVICE RATE
Historically, the City has had a long-standing practice to implement moderate and predictable rate increases to avoid sudden, unexpected large rate increases. Large single-year increases are less desirable for obvious reasons and have been avoided. The City has been able to maintain stable, consistent and low-to-moderate increases which has made it easier to plan for the future, as well as distinguishing El Centro from other water utilities forced to implement sharp increases to rates.
Past water rate increases have been based on the revenue needs of the water utility, taking into account consumption levels, new growth, projected operating cost increases, and planned capital improvements. Consultant shall prepare a financial plan that formulates the basis for the rate increase to ensure that revenue requirements are sufficient enough to meet the following:
• Direct and indirect costs including compliance with state and federal water quality regulations;
• Debt coverage revenue requirements per City’s bond covenants (net operating revenue including capacity fees must be 1.25 times debt service, and without capacity fees must be
1.00 times debt service);
• Maintain a minimum reserve of two months operating cash; • Ensure that there are adequate reserves to meet each Utility’s needs for waterline replacement and water and wastewater treatment plant improvements; • Maintain rate stabilization reserves to deal with potential temporary revenue reductions from reduced water consumption due to drought, conservation or the economy; • Provide timely financing for all identified capital improvement needs;
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• Maintain the Water Utility’s “A” credit rating, which is critical to ensure that debt can be refinanced and raised at cost effective interest rates.
The current rate structure has permitted the City to collect the revenue needed to operate the water and wastewater systems and invest in necessary upgrades and are based on two components:
• Service fee (fixed): this is a daily charge based on the size of the customer’s water meter and class; and
• Usage Fee (variable): this is a charge per Unit (1000 gallons per Unit) of water used within the billing period, which is determined by cyclical meter readings from the meter serving the property.
The Consultant shall familiarize themselves with the City’s budget documents, financial plans, comprehensive annual financial reports, et al., in order to review key background and historical information that includes but is not limited to those identified in prior tasks, as well as any bond covenants, and other operational requirements. The Consultant shall also be expected to review historical revenues, operating expenses, debt service requirements, reserve policies (i.e., working capital and renewal and replacement), billing and collection procedures, approved rates and charges, customer information and consumption data.
The Consultant shall include recommendations to update the City’s water and sewer utility rates with the intent of maintaining a fair and reasonable rate structure. The proposed rate shall be based on the level of investment identified in the newly developed WMP and WWMP, as well as meet all operations and maintenance expenses, debt service and reserve requirements. The rate structure shall also incorporate the City’s current policy of encouraging water conservation for all customer classes, as well as recommending funding for conservation programs while ensuring the ability to meet fixed and variable cost obligations.
Water Usage Demand Analysis
As part of the cost of service, the Consultant shall prepare a Water Usage Demand Analysis as required by Chapter 3.8 of the Water Code, commencing with Water Code Section 390, to identify the cost of water service to the highest water users (as defined) and the average annual volume of water delivered to such high users. This information shall be included in and posted in the cost of service analysis.
B. CAPACITY FEE
The Consultant shall review the existing Capacity Fee amount and Equivalent Dwelling methodology as outlined in City Resolution 07-100 and recommend revisions reflective of industry standard. At the minimum, Consultant shall:
Review total cost to complete all master planned sewer facilities identified in the CIP analysis.
Analyze amount of vacant land and estimate the amount of future connections for the various types of vacant land based on projected SCAG and general plan growth models. Develop a Fiscal and Fee Analysis and recommend a capacity fee per Equivalent Dwelling Unit connection.
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Analyze the City Equivalent Dwelling Unit Table in Resolution 07-100 and develop recommendations for updating the table based on industry standards. Provide a discussion and recommendation to use fixture units as a basis of determining Equivalent Dwelling Units for certain users.
Ensure the fees are adequate to complete the buildout of the master plan sewer system, considering the total cost to complete the master plan infrastructure buildout as compared to available land left to connect to the city’s sewer system.
C. DELIVERABLES
The Consultant shall recommend a rate and capacity fee structure that complies with the Proposition 218 requirements and process as it applies to water and sewer services. As such, the Consultant shall assist the City with preparing and completing the Proposition 218 process. It is the City’s intent to complete and adopt the selected water and sewer rates schedule at the conclusion of the Proposition 218 process at a City public hearing. The City may request attendance at Executive Management Team meetings at critical points during the preparation process (2 meetings), City Council or other public workshops (2 City Council meetings and 2 workshops), as well as conference calls with City staff and other Consultants as needed.
The Consultant shall prepare separate draft reports for water and sewer for review by City staff prior to submittal of a final report that includes, but is not limited to the following:
1) Executive Summary: the executive summary shall contain a brief description of the City’s system, sources of supply, and service area description that includes the service area description and population. The executive summary shall also outline the Consultant’s recommendations on a rate structure that meets the City’s goals and considers the infrastructure investments identified in the newly composed Master Plan. 2) Analysis of Existing Conditions: the analysis of existing conditions shall appraise the adequacy of the City’s current enterprise financial position but consider the infrastructure investments identified in the newly composed Master Plan. The analysis shall also evaluate the level of service that the City provides and any corrective actions, if needed. 3) Cost of Service Analysis & Rate Design: the analysis and rate design shall describe and summarize a recommendation on a rate structure (cost of service rates and capacity fees) that is best suited to the City’s needs. The analysis shall include but not be limited to the following alternatives:
i) The “Do-Nothing” Option: an analysis and summary of projections showing operating results over the next ten years if the City elected not to raise rates, which shall include the extent to which projected revenues meet projected operating and capital needs including bond covenants, debt service, reserve levels, et al. (the “do nothing” option).
This option is intended to review the adequacy of existing rates to meet cost of service over the next ten years and shall incorporate those capital improvements identified in the Master Plan. Additionally, this alternative shall consider reduced water sales due to conservation and the potential for protracted growth in residential development.
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ii) The “More of the Same” Option: an analysis and summary of projections showing operating results over the next ten years if the City were to consider replicating the previous approved rate increase. The summary shall include the extent to which projected revenues meet projected operating and capital needs including bond covenants, debt service, reserve levels, et al. This option shall also include any corrective recommendations (if needed) as well as those capital improvements identified in the Master Plan. Additionally, this alternative shall consider reduced water sales due to conservation and the potential for protracted growth in residential development.
iii) Other alternatives for Water Rates: the City is also interested in exploring alternative rate structures, such as a Water Budget Based Rates rate structure. Such rates may also be known as Efficiency-Based Rates or Sustainable Rates. The Consultant should be able to provide information and recommendations regarding any other alternative rate structure such as the drought surcharge option or other marginal cost pricing alternatives described in AWWA Manual M1. The recommended alternative shall also include an analysis and summary of projections showing operating results over the next ten years if the City were to select the alternate rate structure. Additionally, this alternative shall consider reduced water sales due to conservation and the potential for protracted growth in residential development.
4) Sensitivity Analysis: for each rate scenario, the Consultant shall assess the sensitivity of the projected results for each option and formulate a summary of the outcomes and the ability of each option to meet operational needs and capital improvements outlined in the Master Plan.
The City seeks to understand if there are any negative consequences resulting from the selection of one of the above-mentioned alternatives, and in such a case, the sensitivity analysis would include any potential cuts to service affecting service levels, reliability, water quality, and/or consumer confidence.
5) Customer Perspective: preparation of typical bill comparisons for the recommended option and rate structure for each of the City’s customer classes as compared to the typical bill for the current rate schedules as a baseline.
The successful Consultant shall be prepared throughout the analysis to adjust its scope of services to account for possible changes in rate structures acceptable to the City and if needed, adjust its methodology to account for local conditions and legal requirements.
The Consultant shall submit four (4) bound and one (1) unbound draft of the cost of service rate study for review prior to submittal of the final study. The City shall review and respond with comments within four weeks of receiving the draft study. The City will then host a meeting between both project teams to discuss all comments upon completion of the City’s review.
The Consultant shall prepare and submit five (5) copies of the final cost of service rate study, along with one fully editable digital copy. All deliverables shall be submitted on a flash or other USB storage device.
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VI. Submittal Content
The submittals in response to this solicitation shall include cover letter, proposed staffing plan, previous experience, proposed approach, Levine Act Disclosure and labor rate sheet. The RFP submittal content and format should demonstrate ability to follow directions 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 Consultant. Please also describe your overall approach to this role and how you anticipate interacting with the entire team including the city project manager and staff.
Proposed Staffing Plan -Designate the Principal, Project Manager in charge of the project, and the contact with the City throughout the duration of the contact. The submittal should describe the individuals and their roles on the team. Identify key staff members and provide a brief summary describing similar projects on which they have been involved, availability of the staff members 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 organizational chart must be included. Any substitution of key staff during the project will require prior 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 (water or sewer master plan development) 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 nonnegotiable.
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 compliant with the insurance requirements of the proposed agreement. Generally such coverage is not negotiable.
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City of El Centro Request for Proposals
VII. STANDARD TERMS AND CONDITIONS
Cost for Preparing Proposal – Any and all costs for developing the proposal are the sole responsibility of the Contractor.
Contract Discussions - Prior to award, the apparent successful firm may be required to enter into discussions with the City to resolve any contractual differences. Please carefully review the Sample Agreement and Insurance Requirements, in the next section of the RFP below, before responding to the Request for Proposal enclosed herein. Your response to the Request for Proposal must indicate if you are willing or unable to execute the Agreement as drafted as well as providing the insurance requirements. The City will consider this in determining responsiveness to the Request for Proposal.
Confidentiality Requirements - Proposals are subject to the California Public Records Act (Govt. Code Sections 7920 et seq). Without identification of it, the City cannot protect proprietary/confidential data submitted in proposals. Therefore, any proprietary confidential information must clearly be identified as trade secrets, as described below.
All proposals, responses, inquiries, or correspondence relating to this RFP, and all reports, charts, and other documentation submitted by Contractor’s (other than materials submitted as and qualifying as trade secrets under California Law as identified in the proposal) shall become the property of the City when received. The entire proposal shall be subject to the public records laws of the State of California except where a proper trade secrets exception has been made by the Contractor in accordance with the procedures allowed by California and Federal Law and marked in bold “Confidential.”
If proprietary / confidential information is identified in the original proposal, a redacted copy of the proposal also must be submitted, marked as “Redacted Copy.” Otherwise, all proposals will be made subject public record in its original form.
Financial Information – If the City is concerned about Contractors’ financial capability to perform, the City may ask you to provide sufficient data to allow for an evaluation of your firm’s financial capabilities.
Insurance Requirements - Contractor shall maintain in full force and effect all the insurance coverage described in, and in accordance with, Exhibit C of the sample Agreement, “Insurance Requirements”, which is attached hereto and hereby incorporated herein by this reference.
In the event Contractor, with approval of the City, retains or utilizes any subcontractors in the provision of any services to City under this Agreement, Contractor shall assure that any such subcontractor has first obtained, and shall maintain, all the insurance coverage requirements set forth in Exhibit C of the sample agreement.
The Contractor must meet all insurance requirements before a contract will be finalized.
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City of El Centro Request for Proposals
Registration: Firms must be registered to do business and be in good standing in the State of California and have a current City of El Centro Business License before a contract will be awarded.
VIII. Selection Criteria
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 city’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 process.
At interview, Power point presentation highlighting the above criteria Final staff recommendations to the City Council as to the proposed successful respondent to this solicitation will be based on rankings established by the selection committee.
The Consultant 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.
2. A short-list of no more than five will be created from the ranking.
3. Interviews will be requested from the short-listed firms.
4. The selection committee will rank the top three firms as 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 must be posted to Planet Bids.
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City of El Centro Request for Proposals
IX. Tentative Schedule
The following SCHEDULE is targeted for Consultant selection:
RFP release date February 20, 2024, 2024
Deadline to submit requests for clarifications, corrections or modifications March 8, 2024 Submittals Due 4:00 PM prevailing time March 22, 2024 Interviews March XX, 2024 TENTATIVE
Consultant Selection / Council Approval May 21, 2024 TENTATIVE Notice to Proceed June 7, 2024 TENTATIVE
X. Submission of Proposals
RFP Response
RFP responses should be submitted to:
City of El Centro
Public Works Department
307 W. Brighton Avenue
El Centro, CA 92243
ATTN: Abraham Campos
Three copies and one original must be received at the above address no later than 4:00PM prevailing time March 22, 2024
Submit with your response your hourly rate and overhead information.
RFP Fee Schedule
Submit your fee proposal in a separate sealed envelope clearly labeled as follows:
Water and Sewer Master Plans and Cost of Service Rate Study
FEE SCHEDULE
City of El Centro
Public Works Department
307 W. Brighton Avenue
El Centro, CA 92243
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ATTACHMENT A
City Water and Sewer Rates
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ATTACHMENT B
Resolution 07-100
Capacity Fee Rates and Equivalent Dwelling Unit
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ATTACHMENT C
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:
Silvia Marroquin
Edgard Garcia
Tomas Oliva
Sonia Carter
Martha Cardenas-Singh
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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ATTACHMENT D
SAMPLE PROPOSAL EVALUTION FORM
SCORING SHEET FOR SELECTION OF CONSULTANT
NAME OF COMPANY: .
SELECTION CRITERIA MAXIMUM
POINTS SCORE
1. Approach to project 20
2. Experience with similar projects 20
3. Qualifications of team members 20
4. Satisfaction of previous clients 10
5. Project understanding 30
TOTAL VALUE 100
Comments:
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Signature: _________________________________________ Date: _____________________
ATTACHMENT E
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SAMPLE CONSULTANT AGREEMENT
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CONSULTING AGREEMENT BETWEEN THE CITY OF EL CENTRO AND
CONSULTANT NAME, INC. FOR DESIGN SERVICES RELATING TO Water & Sewer Master Plan and Cost of Service Rate Study
THIS AGREEMENT (“Agreement”) is made and entered into by the City of El Centro, (“City”) and Consultant Name, Inc. an active California Corporation, (“the Consultant”) for the Consultant to provide design services (“Consulting Services”) for the Water & Sewer Master Plan and Cost of Service Rate Study (“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 a Request for Proposal (“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.
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
1.0 The above-listed recitals are true and correct and are hereby incorporated by reference.
As used here, “days” means calendar days unless otherwise specified
1.1 Scope of Services.
The scope of services will include design, studies, plans and documents related to the design of a new police station as further described in Exhibit A - Scope of Work. attached and incorporated as if fully set forth herein.
1.2 Contract Administrator.
The Public Works Department is the administrator for this Agreement. The Consultant shall provide the Consulting Services under the direction of the Public Works Director or designee (“Director”). 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
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Attachment: FINAL - RFP Water Sewer Master Plan and Cost of Service Rate Study - 01.30.24 AC (6225 : Water & Sewer Maste Plans and Cost 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 in writing.
1.3 City Modification of Scope of Services.
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 in writing within 15 days of that increase or decrease. 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 as of the last signature date in this 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 up to (3) one (1) year extensions by
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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.
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.
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, but such delay shall not entitle the Consultant to damages or additional compensation.
The following conditions may constitute such a delay: pandemic, epidemic, war, changes in law or government regulations, 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) 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
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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 (“Default”). If the Consultant fails to satisfactorily cure a Default within ten (10) days of receiving written notice from the City specifying the nature of the Default, the City immediately may 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 City’s Right to Terminate for Bankruptcy or Assignment for the Benefit of Creditors.
Subject to the provisions of applicable law, 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
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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 dollar word figure dollars and some cents ($numeric amount).
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. 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 those set out in Exhibit “A”, 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 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 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 (“Additional 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, to 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
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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 and as those may be modified from time to time.
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 (“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.
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4.2.2.1.2 Recovery of Audit Costs. The City may recover its costs of audit when the auditor shows that the Consultant has not been in compliance with the requirements of this Agreement.
4.2.3 City’s Right--Binding on Subcontractors. The Consultant shall include the City’s Right as described in section 4.2 (including its subsections), 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.
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, “Subcontractor” in the plural, “Subcontractors”) to perform services related to the Project (“Subcontractor Services”) is subject to prior written 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.
4.4.1.2 The Consultant is obligated to pay the Subcontractor 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.
4.4.1.3 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
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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 shall 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 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.
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
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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.
4.7.4 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.
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. The Consultant may not use any City logo without prior written City approval.
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. If required to do so by Exhibit “D”, attached hereto and incorporated herein, and which may be amended from time-to-time by the City), the Consultant shall complete one (1) or more statements of economic interest disclosing
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Attachment: FINAL - RFP Water Sewer Master Plan and Cost of Service Rate Study - 01.30.24 AC (6225 : Water & Sewer Maste Plans and Cost relevant financial interests (“Consultant’s Statement of Financial Interest”) and submit that to the City Clerk in a timely manner.
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’s personnel shall not accept gratuities or any other favors from any Subcontractors or potential Subcontractors. 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.
4.10.3 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.
IF APPLICABLE 4.10.4 Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Consultant shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant pursuant to this Agreement.”
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
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4.13 Attorneys’ Fees Related to Mandatory Assistance.
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 not reimbursable.
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 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.
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
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Attachment: FINAL - RFP Water Sewer Master Plan and Cost of Service Rate Study - 01.30.24 AC (6225 : Water & Sewer Maste Plans and Cost 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 AND DEFENSE
A. 6.1 Indemnity
To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless CITY and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of CONSULTANT, its officers, agents, employees or subconsultants (or any City or individual that CONSULTANT shall bear the legal liability thereof) in the performance of services under this Agreement. CONSULTANT’s duty to indemnify and hold harmless CITY shall not extend to the CITY’s sole or active negligence.
B. Duty to defend
In the event the CITY, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this AGREEMENT, and upon demand by CITY, CONSULTANT shall defend the CITY at CONSULTANT’s cost or at CITY’s option, to reimburse CITY for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by CITY is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and CITY, as to whether liability arises from the sole or active negligence of the CITY or its officers, employees, or agents, CONSULTANT will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating the CITY as solely or actively negligent.
CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.
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
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Attachment: FINAL - RFP Water Sewer Master Plan and Cost of Service Rate Study - 01.30.24 AC (6225 : Water & Sewer Maste Plans and Cost 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: Consultant Contact
Contact position
Street 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.
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.
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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.
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.
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.
7.10 Integration.
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
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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 and the City Council declares that it .
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.
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7.17 Conflicts between Terms.
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 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
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
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Attachment: FINAL - RFP Water Sewer Master Plan and Cost of Service Rate Study - 01.30.24 AC (6225 : Water & Sewer Maste Plans and Cost Date: _________________ By: _____________________________ Cedric Ceseña, 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 .
APPROVED AS TO FORM
Office of the City Attorney
By ________________________________
Elizabeth L. Martyn, City Attorney
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Attachment: FINAL - RFP Water Sewer Master Plan and Cost of Service Rate Study - 01.30.24 AC (6225 : Water & Sewer Maste Plans and Cost EXHIBIT A – SCOPE OF WORK
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Attachment: FINAL - RFP Water Sewer Master Plan and Cost of Service Rate Study - 01.30.24 AC (6225 : Water & Sewer Maste Plans and Cost 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.
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;
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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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Attachment: FINAL - RFP Water Sewer Master Plan and Cost of Service Rate Study - 01.30.24 AC (6225 : Water & Sewer Maste Plans and Cost 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.
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Attachment: FINAL - RFP Water Sewer Master Plan and Cost of Service Rate Study - 01.30.24 AC (6225 : Water & Sewer Maste Plans and Cost 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.
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:
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 City 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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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, 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, 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 City, 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 City to enter into, modify or renew a contract provided it is the type of contract which requires City approval; (5) Grant City approval to a contract which requires City approval and which the City is the party or to the specifications for such contract; (6) Grant City approval to a plan, design, report, study or similar item; or (7) Adopt, or grant approval of policies, standards or guidelines for the City or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in regulation 18702.2 or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’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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Attachment: FINAL - RFP Water Sewer Master Plan and Cost of Service Rate Study - 01.30.24 AC (6225 : Water & Sewer Maste Plans and Cost City Council of the City of El Centro Meeting: 02/06/24 11:30 AM 1275 Main Street Department: Fire
El Centro, CA 92243 Category: Appointment
Prepared By: Veronica Leal
SCHEDULED Department Head: Joseph Bernal
RESOLUTION (ID # 6252) DOC ID: 6252
Discussion and any necessary action regarding the
appointment of the City Manager and Fire Chief as
representatives of the Imperial Valley Hazardous Incidents Response Committee (IV-HIRC) representing the City of El Centro.
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution no. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO MAKING AND CONFIRMING CITY APPOINTMENTS TO THE JOINT
POWERS HAZARDOUS INCIDENTS RESPONSE TEAM
FISCAL IMPACT:
None.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #3: Community Health, Safety and Welfare
Action 3.2: Collaborate with regional agencies and organizations to invest in and improve public health services and facilities.
Action 3.4: Partner with emergency assistance and disaster relief organizations to promote emergency preparedness.
Action 3.11: Collaborate with County and local Organizations to improve public health and social services.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
N/A
BACKGROUND:
The IV-Hazardous Incidents Response Committee was established to manage the Hazardous Incidents Response Team Joint Powers Agreement (JPA). The main purpose of the JPA, is to provide for the continuation and improvement of the hazardous incident emergency response in the Imperial County and equitably obtain reimbursement for the costs of maintaining response teams. The JPA provides the mechanism to apply for and obtain grant funds to cover emergency response costs from persons or entities responsible for a hazardous materials incident.
DISCUSSION:
The City of El Centro is a member agency of the JPA, as are cities of Brawley, Calexico, Calipatria, Holtville, Imperial, Westmorland, Imperial County, and the Imperial Irrigation District (IID). The agreement stipulates that the member agency representatives shall be appointed by the governing body they represent; it specifies that the City Manager or designee from each city be appointed to IV-HIRC. The Fire Department respectfully requests the City Council appoint the City Manager, Cedric Ceseña and Fire Chief, 5 Packet Pg. 87
Resolution (ID # 6252) Meeting of February 6, 2024
Joseph Bernal as member agency representatives on IV-HIRC.
CONCLUSION:
Adopt Resolution no. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO MAKING AND CONFIRMING CITY APPOINTMENTS TO THE JOINT
POWERS HAZARDOUS INCIDENTS RESPONSE TEAM
ATTACHMENTS:
• Resolution -JPA IV-HIRC(PDF)
• JPA-Hazardous Incidents Response Team (PDF)
5 Packet Pg. 88
01/2024/cdz/A24-0001/Reso/CityAppointmentsJointPowers
HazardousIncidentsResponseTeam
RESOLUTION NO. 24-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO MAKING AND CONFIRMING CITY APPOINTMENTS
TO THE JOINT POWERS HAZARDOUS INCIDENTS RESPONSE
TEAM
WHEREAS, on January 31, 1995, the cities of Brawley, Calexico, Calipatria, El Centro, Holtville, Imperial and Westmorland (the “City Member Agencies”), along with Niland Fire Protection District, Ocotillo Fire Protection District, Salton Community Services District and Winterhaven Fire District (“Associate Agencies”) and the County of Imperial and Imperial Irrigation District (collectively the “Member Agencies) entered into the Joint Powers Agreement for Hazardous Incidents Response Team; and
WHEREAS, Section 2 of that Agreement provides for representatives of each Member Agency; the representative for each City shall be its City Manager or designee; and WHEREAS, the City Council of El Centro now wishes to confirm such appointment of its City Manager and designation of the Fire Chief to serve in the City Manager’s absence, or jointly as otherwise may be allowed by the Agreement.
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 of the City of El Centro, California, does hereby confirm that the City Manager shall service as its representative to the Joint Powers Hazardous Incidents Response Team, with its Fire Chief as the alternate or additional designee.
PASSED AND ADOPTED at a regular meeting of theCity Council of theCity of El Centro, California held this 6
th day of February, 2024.
CITY OF EL CENTRO
By: ____________________________
Sylvia Marroquin, 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 -JPA IV-HIRC (6252 : Appoint City Manager and Fire Chief as representatives of IV Hazardous Incidents Response 01/2024/cdz/A24-0001/Reso/CityAppointmentsJointPowers
HazardousIncidentsResponseTeam
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.24- ______ was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the 6 th day February, 2024; by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By ____________________________
Norma Wyles, City Clerk
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Packet Pg. 111 Attachment: JPA-Hazardous Incidents Response Team (6252 : Appoint City Manager and Fire Chief as representatives of IV Hazardous City Council of the City of El Centro Meeting: 02/06/24 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Ordinance
Prepared By: Sara Silva
SCHEDULED Department Head: Angel Hernandez
ORDINANCE (ID # 6258) DOC ID: 6258
Extension of Ordinance Providing the Deferral of Certain Development Impact Fees
CITY MANAGER’S RECOMMENDATION:
Approval of Ordinance No. 24- , AN UNCODIFIED ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, PROVIDING FOR THE
CONTINUING DEFERRAL OF PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES , waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.
FISCAL IMPACT:
If approved the ordinance would continue to authorize the City Manager to defer payment of development impact fees and capacity fees for development projects.
Normally these fees are collected at the time of the issuance of a building permit. For projects that receive a fee deferment, those fees will not be due until the final building permit inspection or issuance of a certificate of occupancy.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #6 - Economic Opportunity - Strengthen El Centro’s resilience by diversifying the economy, recruiting new businesses, creating opportunities for business growth, retaining businesses, and maximizing efficiency.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
N/A
BACKGROUND:
On April 20, 2021, the City Council adopted uncodified Ordinance No. 21-03 providing the deferral of payment of water/sewer capacity fees and development impact fees until either the issuance of a Certificate of Occupancy, or one year from the date the deferment is approved by the City Manager, whichever occurs first. Ordinance 21-03 recently expired on February 1, 2024. Since at least 2010, the City Council has periodically adopted, via ordinance, this fee deferment incentive.
DISCUSSION:
Continuing to allow the deferral of payment of certain development impact fees would encourage development of new commercial and residential projects in the City. As mentioned before, the City has approved a similar incentive since at least 2010. The version before the City Council does contain two modifications that should be highlighted from past ordinances.
First, the term for the ordinance has been modified from three years to five years. This change was as a result from the feedback received by the local development community at the Mayor Oliva’s Housing Development Roundtable held on June 2, 6 Packet Pg. 112
Ordinance (ID # 6258) Meeting of February 6, 2024
2022. The extension of the term of the ordinance would provide greater assurance to the development community when proposing projects through the development process.
The second change was that fees were previously deferred up to one year. Because the projects that would most benefit from the deferment of fees may take longer than a year to construct, staff is recommending that the one-year term be removed. Fees will still be due to prior to the issuance of the certificate of occupancy or final building inspection, ensuring the city collects the fees owed.
The proposed Ordinance, attached as Exhibit A, will expire on February 6, 2029.
CONCLUSION:
Approval of Ordinance No. 24- , AN UNCODIFIED ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, PROVIDING FOR THE
CONTINUING DEFERRAL OF PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES , waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.
ATTACHMENTS:
• Exhibit A - Ordinance (PDF)
6 Packet Pg. 113
01/2024/cdz/A24-0006/Ordinance/DeferralPaymentCertainDevImptFees ORDINANCE NO. 24 –
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF EL CENTRO, CALIFORNIA, PROVIDING FOR
THE CONTINUING DEFERRAL OF PAYMENT OF CERTAIN
DEVELOPMENT IMPACT FEES
WHEREAS, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA FINDS THAT:
A. The City Council of the City of El Centro (the “City Council”) has adopted certain sewer capacity, water capacity and development impact fees collected from development to support the City’s municipal services and infrastructure.
B. The City supports both residential and commercial development in the City to stimulate the local economy and provide direct and indirect benefits to the City and its residents and businesses by creating construction jobs, new market-rate and affordable housing units and new tax bases and revenues to the community.
C. Pursuant to the provisions of the El Centro Municipal Code, development impact fees (Section 20-103) and sewer and water capacity fees (Section 24-11) (collectively, “Development Impact Fees”) currently must be paid by developers of new development at the time of issuance of building permits.
D. On April 20, 2021, the City Council adopted Uncodified Ordinance No. 21-03, which provided for the temporary deferral of payment of the Impact Fees.
E. Said ordinance will expire and be of no further force and effect on February 1, 2024.
F. It is in the public interest and to the public benefit for the City Council to stimulate and encourage new development in the City by adopting a new ordinance that continues to provide for the temporary deferral of the Impact Fees for a longer period of time.
G. The City Council also finds that the time for payment of such development impact fees should be deferred for longer than one year because projects often are not completed within a one-year time period.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. TEMPORARY DEFERRAL OF PAYMENT OF SEWER AND WATER CAPACITY FEES.
A. Notwithstanding any other requirements of Section 24-11 of the El Centro City Code, the City Manager shall have the authority to consider and approve in writing the deferral of payment of sewer and water capacity fees to the date of final inspection by the City or the issuance of a Certificate of Occupancy for the project, whichever is later.
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Packet Pg. 114 Attachment: Exhibit A - Ordinance (6258 : Extension of Ordinance Providing the Deferral of Certain Development Impact Fees) 01/2024/cdz/A24-0006/Ordinance/DeferralPaymentCertainDevImptFees 2 B. In addition, and as a condition of the deferment of time of payment of the Impact Fees pursuant to this ordinance, the City shall require the property owner, or lessee if the lessee’s interest appears of record, prior to and as a condition of issuance of any building permit, to execute a recordable contract approved by the City Manager, and acceptable to the City Attorney, which contract shall be reported to the City Council as an informational item.
SECTION 2. TEMPORARY DEFERRAL OF PAYMENT OF DEVELOPMENT IMPACT FEES.
A. Notwithstanding any other requirements of the El Centro City Code Section 20-103, the City Manager shall have the authority to consider and approve in writing the deferral of payment of development impact fees to the date of final inspection by the City or issuance of the final Certificate of Occupancy, whichever is later.
B. As a condition of the deferment of time of payment of the Impact Fees pursuant to this ordinance, the City shall require the property owner, or lessee if the lessee’s interest appears of record, prior to and as a condition of issuance of any building permit, to execute a recordable contract approved by the City Manager, and acceptable to the City Attorney, which contract shall be reported to the City Council as an informational item.
SECTION 3. This ordinance shall automatically expire and be of no force and effect on February 20, 2029, unless the City Council shall have first acted to extend or otherwise alter the provisions of this ordinance prior to that time.
SECTION 4. Nothing contained in this ordinance shall be deemed to authorize or permit the deferral of payment of any fee or charge imposed upon development within City except for those fees expressly enumerated in Section 1 and 2 of this ordinance.
SECTION 5. Nothing contained in this ordinance shall be deemed to create any new fee, charge, or increase any existing fee or charge, to which the procedures specified in Section 66017 of the Government Code of the State of California would be applicable.
SECTION 6. If any section or provision of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, this ordinance shall be deemed invalid. The City Council hereby declares that it would not have adopted this ordinance if any of the sections or provisions thereof may be declared invalid or unconstitutional or contravened by legislation.
SECTION 7. This ordinance shall take effect thirty (30) days from and after its adoption.
Within fifteen (15) days after adoption, this ordinance shall be published once in a newspaper, published and circulated within the City of El Centro, California, and there shall be posted in the Office of the City Clerk a certified copy of the full text of this ordinance.
INTRODUCED at a regular meeting of the City Council of the City of El Centro,
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2024.
CITY OF EL CENTRO
By _______________________
Sylvia Marroquin, 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 Ordinance No. 24 - had its first reading on , 2024, and had its second reading on , 2024, and was passed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
AYES:
NOES:
ABSENT:
ABSTAINED:
By ________________________
Norma Wyles, City Clerk
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Packet Pg. 116 Attachment: Exhibit A - Ordinance (6258 : Extension of Ordinance Providing the Deferral of Certain Development Impact Fees) City Council of the City of El Centro Meeting: 02/06/24 11:30 AM 1275 Main Street Department: City Attorney's Office
El Centro, CA 92243 Category: Informational
Prepared By: Norma Wyles
SCHEDULED Department Head: Elizabeth L. Martyn
INFORMATION ITEM (ID # 6261) DOC ID: 6261
Consideration of Solar Lighting with Wireless for City Parks Informational Item:
Recently, I was approached by a company which provides solar lighting for public park facilities and which incorporates wireless hot spots into the lighting. Such projects have been done in other California cities and would be of benefit to City residents and visitors.
The Government Code provides special procedures for energy efficient projects. I would like to discuss the steps for initiating such a project, i.e. initial energy assessment to confirm benefit, sole source or RFP contracting, funding and timing. 7 Packet Pg. 117