Agenda — Ione City Council, January 18, 2022 (part 2 of 2)

BC Laboratories, Inc.

Environmental Testing Laboratory Since 1949
EcoUrban Associates Reported: 09/29/2021 10:16
P.O. Box 411 Project: Bacteriological
lone, CA 95640 Project Number: City of lone GW Monitoring WWTP Project Manager: Christopher Strong
2130007-06 Water Analysis (Bacteriological)
COC Number: District ID:

Project Number: System Number:

Sampling Location: Station Number:

Sampling Point: MW-3A Sample Site:

Sampled By: Christopher Strong Residual Chlorine, ppm:

Receive Date: 09/22/2021 09:34 Temperature, C:

Sampling Date: 09/21/2021 15:25
Sample Depth:

Sample Matrix: Water
Multiple Tube Fermentation (5,5,5)
Initial Lab
Constituent Result Units Method Analyst Dilution Date Started Date Completed Quals Total Coliform, Presumptive Test 1 Positive Tubes SM-9221B FBV 1 09/22/2021 10:30 09/24/2021 Total Coliform, Confirmed Test 1 Positive Tubes SM-9221B FBV 1 09/22/2021 10:30 09/24/2021 Total Coliform, Density 2.0 MPN/100ml SM-9221B FBV 1 09/22/2021 10:30 09/24/2021 The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Report ID: 1001224755 4100 Atlas Court Bakersfield, CA 93308 (661) 327-4911 FAX (661) 327-1918 www.bclabs.com Page 16 of 22 BC Laboratories, Inc. MALL
Environmental Testing Laboratory Since 1949
EcoUrban Associates Reported: 09/29/2021 10:16
P.O. Box 411 Project: Bacteriological
lone, CA 95640 Project Number: City of lone GW Monitoring WWTP Project Manager: Christopher Strong
2130007-07 Water Analysis (Bacteriological)
COC Number: istrict ID
Project Number: - ystem Number
Sampling Location: Station Number:

Sampling Point: MW-4 Sample Site:

Sampled By: Christopher Strong Residual Chlorine, ppm:

Receive Date: 09/22/2021 09:34 Temperature, C:

Sampling Date: 09/21/2021 10:05
Sample Depth:

Sample Matrix: Water
Multiple Tube Fermentation (5,5,5)
Initial Lab
Constituent ResultR Units Method Analyst Dilution Date Started Date Completed Quals Total Coliform, Presumptive Test 8 Positive Tubes SM-9221B FBV 1 09/22/2021 10:30 09/24/2021 Total Coliform, Confirmed Test 8 Positive Tubes SM-9221B FBV 1 09/22/2021 10:30 09/24/2021 Total Coliform, Density 79 MPN/100ml SM-9221B FBV 1 09/22/2021 10:30 09/24/2021 The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

All results listed in this report are for the exclusive use of the submitting party. BC Laboratories, Inc. assumes no responsibility for report alteration. separation, detachment or third party interpretation. 4100 Atlas Court Bakersfield, CA 93308 (661) 327-4911 FAX (661) 327-1918 www.bclabs.com Page 17 of 22 Report ID: 1001224755
BC Laboratories, Inc.

Environmental Testing Laboratory Since 1949
EcoUrban Associates Reported: 09/29/2021 10:16
P.O. Box 411 Project: Bacteriological
lone, CA 95640 Project Number: City of lone GW Monitoring WWTP Project Manager: Christopher Strong
2130007-08 Water Analysis (Bacteriological)
COC Number: - District ID:

Project Number: - System Number:

Sampling Location: Station Number:

Sampling Point: MW-4A Sample Site:

Sampled By: Christopher Strong Residual Chlorine, ppm:

Receive Date: 09/22/2021 09:34 Temperature, C:

Sampling Date: 09/21/2021 10:35
Sample Depth:

Sample Matrix: Water
Multiple Tube Fermentation (5,5,5)
Initial Lab
Constituent Result Units Method Analyst Dilution Date Started Date Completed Quals Total Coliform, Presumptive Test Positive Tubes SM-9221B FBV 09/22/2021 10:30 09/24/2021 Total Coliform, Confirmed Test 1 Positive Tubes SM-9221B FBV 1 09/22/2021 10:30 09/24/2021 Total Coliform, Density 2.0 MPN/100ml SM-9221B FBV 1 09/22/2021 10:30 09/24/2021 The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Report ID: 1001224755 4100 Atlas Court Bakersfield, CA 93308 (661) 327-4911 FAX (661) 327-1918 www.bclabs.com

Page 18 of 22 ends

, Laboratories, Inc.

Environmental Testing Laboratory Since 1949
EcoUrban Associates Reported: 09/29/2021 10:16
P.O. Box 411 Project: Bacteriological
lone, CA 95640 Project Number: City of lone GW Monitoring WWTP Project Manager: Christopher Strong
2130007-09 Water Analysis (Bacteriological)
COC Number: District ID:

System Number:

Sampling Location: Station Number:

Sampling Point: Sample Site:

Christopher Strong Residual Chlorine, ppm:
09/22/2021 09:34 Temperature, C:

Sampling Date: 09/21/2021 13:10
Sample Depth:

Sample Matrix: Water
Multiple Tube Fermentation (5,5,5)
Initial Lab
Constituent Result Units Method Analyst Dilution Date Started Date Completed Quals Total Coliform, Presumptive Test Positive Tubes SM-9221B FBV 1 09/22/2021 10:30 09/24/2021 Total Coliform, Confirmed Test 1 Positive Tubes SM-9221B FBV 1 09/22/2021 10:30 09/24/2021 Total Coliform, Density 2.0 MPN/100ml SM-9221B FBV 1 09/22/2021 10:30 09/24/2021 The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Report ID: 1001224755 4100 Atlas Court Bakersfield, CA 93308 (661) 327-4911 FAX (661) 327-1918 www.bclabs.com Page 19 of 22 BC Laboratories, Inc. MALL
Environmental Testing Laboratory Since 1949
EcoUrban Associates Reported: 09/29/2021 10:16
P.O. Box 411 Project: Bacteriological
lone, CA 95640 Project Number: City of lone GW Monitoring WWTP Project Manager: Christopher Strong
2130007-10 Water Analysis (Bacteriological)
COC Number: - District ID:

Project Number: - System Number:

Sampling Location: Station Number:

Sampling Point: P-3 Sample Site:

Sampled By: Christopher Strong Residual Chlorine, ppm:

Receive Date: 09/22/2021 09:34 Temperature, C:

Sampling Date: 09/21/2021 13:45
Sample Depth:

Project Number: System Number:

Sampling Location: Station Number:

Sampling Point: P-5B Sample Site:

Sampled By: Christopher Strong Residual Chlorine, ppm:

Receive Date: 09/22/2021 09:34 Temperature, C:

Sampling Date: 09/21/2021 12:55
Sample Depth:

Sample Matrix: Water
Multiple Tube Fermentation (5,5,5)
Initial Lab
Constituent Result Units Method Analyst Dilution Date Started Date Completed Quals Total Coliform, Presumptive Test 14 Positive Tubes SM-9221B FBV 1 09/22/2021 10:30 09/24/2021 Total Coliform, Confirmed Test 14 Positive Tubes SM-9221B FBV 1 09/22/2021 10:30 09/24/2021 Total Coliform, Density 1600 MPN/100ml SM-9221B FBV 1 09/22/2021 10:30 09/24/2021 The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

All results listed in this report are for the exclusive use of the submitting party. BC Laboratories, Inc. assumes no responsibility for report alteration, separation, detachment or third party interpretation. 4100 Atlas Court Bakersfield, CA 93308 (661) 327-4911 FAX (661) 327-1918 www.bclabs.com Report ID: 1001224755 Page 21 of 22
BC Laboratories, Inc. MALL
Environmental Testing Laboratory Since 1949
EcoUrban Associates Reported: 09/29/2021 10:16
P.O. Box 411 Project: Bacteriological
lone, CA 95640 Project Number: City of lone GW Monitoring WWTP Project Manager: Christopher Strong
Notes And Definitions
MPN Most Probable Number
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

All results listed in this report are for the exclusive use of the submitting party. BC Laboratories, Inc. assumes no responsibility for report alteration, separation, detachment or third party interpretation. 4100 Atlas Court Bakersfield, CA 93308 (661) 327-4911 FAX (661) 327-1918 www.bclabs.com Report ID: 1001224755
#
Amador County Transportation Commission
ACTC
117 Valley View Way
Sutter Creek, CA 95685
209.267.2282
fax: 209.267.1930
DATE: December 30, 2021
TO: Anne Kel-Artinian, Mayor, City of Amador City
Michael Rock, City Manager, City of lone
Yvonne Kimball, City Manager, City of Jackson
Rex Osborn, City Manager, City of Plymouth
Amy Gedney, City Manager, City of Sutter Creek
Chuck Iley, County Administrative Office, Amador County FROM: John Gedney, Executive Director
SUBJECT: FY 20/21 Regional Transportation Mitigation Fee Annual Report Please find the attached Annual Report for the Amador County Regional Traffic Mitigation Fee Program (RTMF) for Fiscal Year 20/21. Along with the Report, the attachments include:

FY 20/21 revenue by jurisdiction
Program expenditures by project
• Currently-adopted fee schedule
Eligible Project Listing
Also included in the attachments is a draft resolution adopting the Annual Report provided in Word version for editing purposes.

All cities and the County have appointed representatives on the RTMF Oversight Committee convened annually to consider program obligations, expenditures, and policy.

CC:

Joyce Davidson, City Clerk, City of Amador City
Susan Bragstad, Vice Mayor, City of Amador City
Janice Traverso, City Clerk, City of lone
John Georgette, City Clerk, City of Jackson
Susan Peters, Planner, City of Jackson
Karen Darrow, City Clerk, City of Sutter Creek
Jennifer Burns, Clerk of the Board, Amador County Board of Supervisors JG- Attachments
117 VALLEY VIEW WAY, SUTTER CREEK, CA 95685 - PHONE (209) 267-2282 (ACT) - [email protected] Amador County Regional Traffic Mitigation Fee Program
Fiscal Year 2020/21 - Annual Report
Amador County Regional Traffic Mitigation Fee Program
Annual Status Report for Fiscal Year 2020/21
The purpose of this Annual Report is to document Regional Traffic Mitigation Fee (RTMF) program history, describe project obligations, identify approved expenditures, account for new revenues, and describe new program modifications.

RTMF Program History
In 2006, the County of Amador and all five (5) incorporated cities adopted a Memorandum of a specified list of projects subject to a Nexus Plan that describes the relationship between the 'project' and its 'impact'.

Pursuant to the original 2006 RTMF program agreement, fees collected by the cities and the County were set at a rate of $283.20 per trip end. In Fiscal Year (FY) 07/08, the cities and County increased the fee (due to inflation) to $304.00 per trip end. In FY 14/15, the fee schedule was modified again, increasing the Residential trip rate to $388/trip end and reducing specific high-volume Commercial trip rates to $167/trip end. The updated MOU, Fee Schedule (Attachment D), and Capital Improvement Program (Attachment C) was approved in FY 15/16 by the County and all five (5) member cities.

Since its inception, the RTMF program has helped to fund construction of seven (7) regionally significant transportation projects, shown below:

1. SR 88/104 (Martell - County)

2. Mission Boulevard (City of Jackson)

3. Court Street/SR 88 (City of Jackson)

4. SR 49/Main Street (City of Jackson)

5. Sutter-lone Road (City of Sutter Creek)

6. SR 104/Prospect Drive-Bowers Drive (Sutter Creek)

7. SR 49/Main Street Roundabout (City of Plymouth)
In addition, the Program has obligated contributions toward the following projects currently in the planning or project development phase:

8. Sutter Street Extension/SR 49-88 (City of Jackson)

9. Western lone Roadway Improvement Strategy (WIRIS) - (City of lone)

10. Argonaut Lane/SR 49-88 (Martell - County)

11. Wicklow Way Extension
The RTMF Oversight Committee (OC) is comprised of one (1) appointed representative from each City and the County. The ACTC also appoints a representative. The OC meets annually to review the prior FY Annual Report, and provide recommendations for any funding, project, or other program adjustments to be considered for adoption by member agencies. In 2014/15, the cities and County agreed to modify the original MOU to state that the ACT member would be a representative of the

Page 1 of 4 ends

Amador County Regional Traffic Mitigation Fee Program
Fiscal Year 2020/21 - Annual Report
As required by the MOU, each city and the County submits RTMF revenues to ACTC for deposit into an account solely designated for the RTMF program. In FY 19/20, the RTMF program received revenue from member jurisdictions (including interest earned) totaling $1,149,923. Those FY 19/20 contributions are shown below:
• Amador County $ 132,851
Ione = $ 368,998
• Jackson = $ 17,635
Sutter Creek = $ 3,878
• Plymouth = $ 46,560
Amador City = $ 0
• Buena Vista Casino = $ 572,395
On Attachment A these contributions from member jurisdictions bring fund revenue since program inception to total $10,201,198. Attachment B lists RTMF project revenue, approved expenditures, current obligations, and project status. (The projects shown as "Completed" were constructed with final expenditures recorded prior to FY 14/15.)
The following summary outlines the current status of RTMF-funded projects, current funding obligations, and actions of the RTMF OC through FY 20/21:

SR 104 - Prospect Drive/Bowers Drive Intersection/Realignment The RTMF OC approved this project with the condition that the Gold Rush Ranch development project would repay the RTMF program for the entire cost of the project - $1,482,127.

Conditions of Approval for the Gold Rush Ranch development project (City of Sutter Creek) required Gold Rush Ranch to repay the RIMF program for the total cost incurred for the SR 104 - Prospect Drive/Bowers Drive Intersection/Realignment project and to complete additional lane(s) and signalization before the first Gold Rush building permit could be approved. These Conditions mitigated impacts generated by additional traffic from the Gold Rush development pursuant to the Gold Rush Ranch EIR and project approval documents.

The Gold Rush Ranch Tentative Map is now expired. ACT is in discussions with Sutter Creek representatives to consider appropriate mechanisms for repayment of Prospect Drive/Bowers Drive project costs.

SR 49/Main Street, Plymouth
The RTMF OC recommended $200,000 to be programmed as a local match for the City of Plymouth's SR 49/Main Street intersection project. This expenditure has been recorded. The Project was constructed at a cost of $3.8 million.

Sutter Street Extension, Jackson
In past years, the RTMF OC obligated $1,300,000 to the Sutter Street Extension project. In 2006, the City of Jackson spent $387,586 acquiring a key piece of ROW leaving an obligated balance of $912,414. In FY 08/09, the OC authorized the City of Jackson to initiate project development efforts utilizing the $912,414 programmed balance.

Page 2 of 4 ends

Amador County Regional Traffic Mitigation Fee Program
Fiscal Year 2020/21 - Annual Report
Remediation efforts by the California Environmental Protection Agency (EPA) and Department of Toxic Substances Control to retrofit the dam at the existing terminus of Sutter Street temporarily suspended project development efforts. In 2015, EPA approved a Phase 2 Removal Action. With the subsequent confirmation of satisfactory restoration of residential properties, EPA cleared the way for development efforts on the Sutter Street Extension project to recommence in 2019.

During this time period, a total of $175,121 was expended leaving a balance of $737,294 available for future project development efforts. In FY 20/21, the City of Jackson was reimbursed a total of $42,508.85 for additional project development work.

Western lone Roadway Improvement System (WIRIS)
The WIRIS project, identified as mitigation in the lone General Plan and cited in prior development approvals, received an initial obligation of $618,975 from the RTMF program. In FY 09/10, at a cost of $124,185, Dokken Engineering completed a Project Study Report (PSR) selecting a preferred alignment and funding strategy. At that time, the PSR estimated the total cost for the WIRIS to be $113.4 million.

In FY 09/10, given reduced expectations for funding at the Federal, State, and Local level, the OC recommended continued funding for development of the WIRIS project at a cost not to exceed $177,000. After work to revise the PSR work was undertaken, that effort was suspended after incurring an additional $45,000 in expenditures.

During FY 14/15, the City again revised its planning effort to focus on a down-scaled WIRIS project - OC authorized $131,721 for continued work on the WIRIS project. This effort was to focus on improvements to existing roadway alignments for use as a bypass alternative. In FY 16/17, the City of lone requested an additional $80,000 in RTMF funding to prepare the updated WIRIS Project Report. The WIRIS Project Report was completed in FY 17/18.

Project alternatives developed by the Report were presented to the lone Planning Commission and may be presented to the lone City County for its consideration of formal adoption of a preferred, alternative alignment. The OC agreed not to provide additional RTMF funding until the lone City Council takes further action on the Project. In FY 20/21, the City was provided its final reimbursement in the amount of $1,503.50 bringing the total expenditure on the Alternative Alignment Project Report to $211,226. The remaining obligated balance for project development work stands at $238,284.

Argonaut Lane-SR 49/88 Intersection
In FY 07/08, citing Right of Way and Project Cost constraints, the OC recommended the project development process be suspended
Wicklow Way Extension
In FY 15/16, the RTMF OC loaned up to 50% of funding from the Sutter Street Extension project to begin preliminary engineering for the Wicklow Way Extension project.

Page 3 of 4 ends

Amador County Regional Traffic Mitigation Fee Program
Fiscal Year 2020/21 - Annual Report
County staff estimated a cost of $284,500 to prepare a Project Study Report (conduct environmental assessments and initiate preliminary engineering and design) for the Wicklow Way Extension project.

The $284,500 loan was repaid to the Sutter Street Extension project utilizing subsequent, annual contributions to the RTMF program.

SR 88 / Pine Grove Improvements
During Fy 17/18, the RIMi OC authorized programming $1,000,000 in RTMF funding to be commitment to Construction costs for the Pine Grove Improvements project. This funding amount had been previously approved through adoption of the 2015 Amador County Regiona Transportation Plan as shown on the attached RTP Tier I / RTMF Project list.

Memorandum of Understanding (MOU) modification - ATTACHMENT F At its May 3, 2018 meeting, the RIMF OC recommended that the RTMF MOU be modified to designate the agreement as "binding" among participant jurisdictions. This action was taken in response to:
1) The City of lone agreement with a developer resulting in the deferral/loss of $504,000 to the RTMF program.
2) The lack of a formal mechanism to reimburse the RTMF program for costs related to the Bowers Dr/Prospect Dr project in the City of Sutter Creek.

The OC committee intention with the action is to 'bind' member jurisdictions to requirements, stated in the MOU under Exhibit D "Administrative Policies and Procedures", that any recommendations for deferrals, reimbursements, and/or adjustments to RTMF fees be brought before the RTMF OC for review and approval.

No new obligation funding actions or amendments to RTMF policies were approved during FY 20/21.

FY 20/21 RTMF Fund Balance
During FY 20/21, the RTMF program received additional revenue from its member jurisdictions (with interest) totaling $1,149,923 (Attachment A). Attachment B shows total remaining unprogrammed nd balance of after accounting for current funding obligations. As of June 30, 2021, $2,198,767 railable for programming to eligible RTMF proiec
Attachment C lists current funding commitments toward projects on the RTMF Capital Improvement Program (CIP). (As approved through its adopted Nexus Study, the RTMF program maintains flexibility to fund any of the projects shown on the CIP Tier I listing.) Attachment D shows the currently-adopted Fee Schedule. Also included with the packet are vicinity maps for RTMF-funded projects.

Page 4 of 4 ends

ATTACHMENT A
Amador County Regional Traffic Mitigation Fee Program
Revenue Report Fiscal Year 2020/21
Amador Jackson Buena Amador
County Rancheria Vista lone Jackson Sutter Creek Plymouth City Interest Totals
Beg Balance 966,381 234,921 234,604 427,000
24,786 1,887,692
02/03 Revenue 81,288 8,298 10,823 15,611
5,879 121,899
03/04 Revenue 293,707 112,614 34,186 58,426 15,084
17,868 531,885
04/05 Revenue 348,772 36,152 158,670 13,450 38,164 595,208 05/06 Revenue 445,646 165,675 77,653 185,473
67,515 941,962
06/07 Revenue 771,585 178,732 89,125 40,023
102,906 1,182,371
07/08 Revenue 317,795 4,410 85,726 5,660
131,323 544,914
08/09 Revenue 172,115 7,811 7,669
94,227 281,822
09/10 Revenue 90,072 9,413
43,684 143,169
10/11 Revenue 86,601 15,158
20,905 122,664
11/12 Revenue 48,906 3,059
12,842 64,807
12/13 Revenue 58,480 898 95,097
7,596 162,071
13/14 Revenue 82,050 233,707 1,610
317,367
14/15 Revenue 104,918 10,431 3,042 4,512 122,903
15/16 Revenue 115,085 72,692 33,440
9,120 6,036 236,373
16/17 Revenue 117,269 94,390 25,763 16,013
6,784 260,219
17/18 Revenue 141,586 304,527 37,397 14,937
62,080 2,496 563,024
18/19 Revenue 87,213 262,354 20,852 19,390 85,360
3,208 478,377
19/20 Revenue 147,144 151,170 134,152 58,200 1,882
492,548
20/21 Revenue 132,851 572,395 368,998 17,635 3,878 46,560 7,606 1,149,923
Total Revenue $4,609,465| $112,614 $572,395 $2,172,411 $1,081,205 $789,959 $252,200 $9,120 $601,829 $10,201,198

ATTACHMENT B
Amador County Regional Traffic Mitigation Fee (RTMF) Program Income by Customer / Expenditures-Obligations by Project Summary As of June 30, 2021
Jurisdiction Revenue MOU Status
Amador City $9,120 Approved
Amador County $4,609,465 Approved
lone $2,172,411 Approved
Jackson $1,081,205 Approved
Jackson Rancheria $112,614
Buena Vista $572,395
Plymouth $252,200 Approved
Sutter Creek $789,959 Approved
Interest $601,829
Total Revenue $10,201,198
Project Expenditures Project Status
Prospect Drive-SR 104 $1,482,127 Completed
Mission Boulevard $847,851 Completed
Court Street (Jackson) $67,293 Completed
SR 49-Main Street (Jackson) $757,000 Completed
Sutter/lone Road-SR 49 (Sutter Creek) $1,200,000 Completed SR 88-Ridge Road $100,967 Completed
Sutter Street Extension $630,291 Planning
lone Bypass PSR I (WIRIS) $124,187 Suspended
lone Bypass PSR II (WIRIS) $45,279 Suspended
lone Bypass PSR III (WIRIS) $211,226 Planning
SR 49-Main Street (Plymouth) $200,000 Completed
Argonaut Lane-SR 49/88 $118,642 Suspended
Total Expenses $5,784,862
Obligations Project Project Status
Sutter Street Extension $410,285 Planning
Sutter St. Ext. Loan Repayment $284,500 Planning
lone WIRIS $238,284 Planning
Wicklow Way Extension $284,500 Planning
SR 88 / Pine Grove Improvements $1,000,000 PS&E/ROW
Total Obligations $2,217,569
RTMF Fund Balance $2,198,767
Attachment C
Amador County Regional Transportation Plan
Table 5: Regional Roadway Capital Improvement Program with Multi-Modal Components Revenue
Location Project Description Time Frame Cost Est STIP SHOPP Other Source (HSIP

RTMF RSTP
RIP HIP Minor ATP. etc.)
Tier f. Full Funding Potentially Available within 20 Years Zymouth SR 49//Main-St./Shenandoah-Rch: Gonstruct-roundabout. 2 Year $3-8m $280k $2,5m dackson SR 88/Sutter Street: Reaign & Signalize intersection 1 Year $837k 84Z7k 5360% County Ridge Rd./New Kork Rasch Rar: Signalize intersection 1-Year $2-2m

82.2m
Sutler-f Ridge-Rd /Sutter Hill Rd.: Realign inlersection 1 Year $074K S074K County Shake Ridge Ra. 6 Tum-Quie 2-Year $7724 $772k
Sutter-G Sutter Creak Bridge: Bridge replacement 2.Yeas $27m 18-20
County Fiddletown Rd. Bridge: Bridge repiacement 5Year $2.8m $8 8m Jackson SR49/French Bar: Signaize-intersection 1-Year $2m Gounty Fiddletown Rd./Shenandoah Rd.i Realign interfection 3 Year $1.Đm 200k $1-5m
SR 88 Pine Grove Corridor Improvement Project ($39.6m total) Pine PS&E 3 Year $16m
Grove ROW 5 Year
$2.7m 12.7m
Sub-total': $4.3m $3.0m $4.3m
SR 88 Pine Grove Corridor Improvement Project ($39.6m total) Pine A. SR 88 Berry St to Hiltop Rd. Rehabilitation and widening of SR 88. Signalize interseclions. (+1-20 year) ped crossing, revise school access, add sidewalks. $10.8m $10.8m Grove
lone SR 104; E. Main to Elementry School: Sidewalks, bike lanes, school access & safely 10 Year $350* $350* SR 49/88 Jackson Corridor Improvement Project ($33. 1m total) PASED 10 Year $12m $1.2m
PS&E 10 Year $1 4m $1.4m
Jackson A. SR 49/88 from "Jackson Local Collector" to Main St: Curb ramps & sidewalks 20 Year $2 4m $2 4m C. SR 49/SR 88 Intersection: Widen bridge & add Lft. tum pockets, improve ped crossing 20 Year $6 4m $6 4m D. SR 49 Trom SR to Clinton Ra: Sidewalks from SR EH to Schober Ave & Trom South Ave Bridge to French Bar, add SB lane & sidewalk from French Bar Rd. to Clinton 20 Year $36m $3 6m Sulter Street Extension ($8m total)
A Connect Suffer Street to Hoffman (+1-20 year) $5 2m
Jackson $2.2m $3.2m 52 6m
B. Hoffman from Sulter Street to Argonaught: Improve to Collector Standards (+/-20 year) $2 8m Wicklow Way Extension ($11.gm total)
B. Wicklow Way to Siony Creak: Construct Collecior w/ New Development (+/-20 year) $4.2m $2m $22m County
C. Stany Creak from Argonaut to Wicklow: Improve to Collector Standards (+1-20 year) $2 6m 526m
County Shenandoah Rd. @ Bell Rd./PM 3.80: Improve shoulders/drainage, pavement rehab (+1-20 year) $1.3m $1.3m County / Fiddietown Rd. @ PM 9.0: Improve shoulders, pavement rehab, curve corrections (+1-20 year) $1. 1m $1.1m County Now York Ranch Cordor: Improve shoulders. pavement rehab, curve corrections (+1-20 year) $731k $731k County Michigan Bar Rd. Corridor: Improve shoulders, pavement rehab, curve corrections (+1-20 year) S416k $416k County Latrobe Rd.; Various Locations: Widen roadway & shoulders +20 year $676k $676k County Shenandoah Rd.; Various Locations: Widen shoulders, improve drainage, overlay +20 year $937k 5937k SR 49 Plymouth Corridor Improvement Project ($16.5m total) PA&ED 20 Year $1.3m $1.3m
*tymouth C. SR 49/Empire: Intersection & multimodal improvements 20 Year $3.5m $1.5m $2m D. SR 49/Zinfandel Rd.: Intersection & multimodal improvements 20 Year 32.6m $2 6m Western lone Roadway Strategy ($108.2m)
SR 104/Golf Links Dr.: Intersection improvements 20 Year $1.5m $1.5m A. Construct Collector w/ New Development 20 Year 56.9m 56.9m B. Construct Collector w/ New Development 20 Year S6m $6m lone
C. Upgrade To Collector Standard 20 Year $722k
D. Upgrade To Collector Standardibridge) 20 Year $629k $3m $1.1m E Upgrade To Collector Standard 20 Year $2.7m
lone 20 Year $1.5m $1.5m
SR 124/Howard Park/lone Parkway Dr.: Tum Pockets and intersection improvements County Latrobe Rd. @ Lorentz Rd.: Curve correction, widen shouiders, overlay 10 Year $559k $559k Jytown SR 49: SR 16 to Drytown: Widen shoulders, improve ped crossing, safety signage 20 Year $250k $250k Jackson China Grave Yard Rd.: Widen shoulders, drainage, shoulders, safety signage, overlay 10 Year $320k $320K lone SR 104; Shakely Ln to Sutter Ln; sidewalks and bike signage 10 Year $250K $250k Shakeley Ln; Sidewalks and bike signage 10 Year $550k $550k County SR 18/Latrobe Rd.: Add W8 RT lur lane & EB receiving pocket 10 Year $750k $750k lone SR 124; E. Main St. to Howard Park: Complete sidewalks & pedestrian crossings 20 Year $175k $175k County SR 88/Buckhom Ridge Rd.: Widen EB shoulder, correct sight distance 20 Year $300k $300k County SR 88; Columbla Dr. to Antelope Dr.: Nob Hill curve correction 20 Year $2.5m $2.5m County SR 49/Bell Rd.: Curve correction, widen shoulders 20 Year $200k $200k County_/SR B&/SR 104/Jackson Valley Rd. (E): Signalize intersection (+1-20 year) $1.5m (x) (X) Sub-total: $24.7m $4m $10.8m $38.5m
Total $27.7m $4m $10.8m $300k $49.33m
TIER I TOTAL: $97.315M $97.315M
City Limit
State Highway
Road
Tabeaud Rd Valley Vista CI School
ES 2 I Construct New Road
Mt Zion Rd Spagnoli Mine Rd Is Upgrade Existing Road
Extent of Project
S Cedar Ln
Legend
1a SHId
подрос
Aqueduct Rd
Gold Mine Rd Mineral Ridge Dr
School
Elementary Ridge Ra
Pine Grove
Pine Grove Volcano Ra
Berry St
Mitchell Mine Rd
Pine Grove Corridor Improvement Project
Sutter Street Extension Starks Ln
Mariposa Ave Ridgecrest Dr TOM PROCE
Wickow Way. Spunn Rd
Hillside Pl Amador St Argonaut Dr
Vista Dr Buena N Main St
Westview Dr
Jackson
Argonaut
High School Vogan Toll Rd
Sutter St
a Jackson
Junior High
School
Trois Hoffman St
Legend
Extent of Project 10 мал
Blue Oak Ln.... Mountain View Dr
a Upgrade Existing Road
2 • Construct New Road
School
Road
State Highway
City Limit
Wicklow Way Extension Kennedy
Mine Rd
Kennedy Flat Rd
Mariposa Ave Ridgecrest Dr
Woklow Way Spunn Rd N Main St
Hillside PI Amador St Argonaut Dr
Westview Dr
Argonaut
High School Vegan Toll Ro
Legend Jackson
Extent of Project
Stony Crook, Rd.
# Upgrade Existing Road
I I E8 Construct New Road
School Jackson®
Junior High
Road School
State Highway Hoffman St
City Limit
Irish Hill Rd Wester lone Roadway Improvement Strategy
wutschke Rd Collings Rd
lone
1S IS BE Pa
Waterman i ran
Castle Oaks Dr
Five Mile Dr
Fairway Dr
Sutter Ln
Shakeley Ln
Edgebrook Dr
talone
Legend Elementary
School
lone Junior
Extent of Project High School
: Upgrade Existing Road
# I Construct New Road Old Stockton, Rd.

School
Road
State Highway Brickyard Rd
City Limit
RESOLUTION NO. 2022-01

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE
APPROVING THE FISCAL YEAR 2020/21 REGIONAL TRAFFIC MITIGATION FEE PROGRAM ANNUALREPORT AND FUNDING OPTIONS FOR FISCAL YEAR 2021/22 WHEREAS, pursuant to its authority under Government Code 66000 et. seq., the Board of Supervisors has previously imposed regional traffic mitigation fees and amended said fees pursuant to Resolution Nos. 99- 359A; 00-434; 05-164; 08-094; 08-095; and 09-057; and
WHEREAS, the purpose of said fees is to mitigate the impact of new developments on the regional transportation system of Amador County; and
WHEREAS, The County of Amador and the County's five incorporated cities have all collected and deposited all regional traffic mitigation fees with the Amador County Transportation Commission ("ACT") which has maintained the funds in a separate, non co-mingled capital facilities fund ("capital facilities fund") established for the above stated purpose pursuant to Government Code Section 66006(a) and (b); and WHEREAS, the ACTC and the City of lone have made available to the public an annual program implementation report for fiscal year 2020/21 ("Annual Report") which is hereby incorporated by reference; and WHEREAS, the Annual Report was prepared in accordance with Government Code Section 66001(d) and 66006(b)(1); and
WHEREAS, the City of lone has reviewed the information provided in the Annual Report and determined the information contained therein is true and correct; and WHEREAS, the Annual Report reflects implementation of prior year recommendations of the Regional Traffic Mitigation Fee Oversight Committee as approved by the cities and County for programming and expending funds for projects consistent with the Memorandum of Understanding ("MOU") establishing the countywide Regional Traffic Mitigation Fee Program and the Regional Traffic Mitigation Fee Nexus Plan 2000- 2025 ("Nexus Plan"); and
WHEREAS, the City of lone has agendized and considered the Annual Report at a regularly scheduled Board of Supervisors meeting and considered public comment concerning the Annual Report during said meeting
NOW, THEREFORE, be it resolved that the City of lone, County of Amador, State of California, finds and determines the following:

1. The above recitals are true and represent findings of the Board of Supervisors.

2. The Board of Supervisors hereby approves the Annual Report for fiscal year 2020/21 as presented.

3. That all recommendations for funding are consistent with the MOU and the Nexus Plan as required

4. The approval of the Annual Report and programming and expenditure of funds consistent with the previously approved MOU and Nexus Plan is not a "project" or otherwise an act requiring environmental review pursuant to the California Environmental Quality Act.

5. That all Regional Traffic Mitigation Fees previously collected and not yet expended are accounted for and are still needed for the purposes for which they were collected.

Resolution No. 2022-01

Page 2 ends

January 18, 2022
The foregoing resolution was duly introduced and adopted by the City Council of the City of lone at their regular meeting held on January 18, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dan Epperson, Mayor
ATTEST:

Janice Traverso, City Clerk
#4
Agenda Item
DATE: January 18, 2022
TO: Mayor Epperson and City Council
FROM: Michael Rock, Interim City Manager
SUBJECT: Delete Administrative Analyst and Add Management Analyst position to the Salary Schedule
RECOMMENDED ACTION:

1. Delete (1) FTE position of Administrative Analyst from the Salary Schedule

2. Add (1) FTE position of Management Analyst to the Salary Schedule

3. Allocate an additional $14,431/year for salary and benefits for the Management Analyst position to account code 1111-65-5110 beginning in FY 2022/23 FISCAL IMPACT:

The overall impact of the Management Analyst position compared with the lower paying Administrative Analyst position is an increase in total compensation of about $14,431 for a full fiscal year beginning in FY 2022/23. The Management Analyst base salary range is $70,000- $85,086.

The City has funding available for the increase in the current fiscal year due to salary savings on positions still not filled and increasing revenues.

BACKGROUND:

The City recruited for an Administrative Analyst position over the last three months. There were only five applications received and only three candidates that qualified for an interview. Of the three candidates invited for an interview only two confirmed. After conducting the interviews with a professional panel of outside and inside staff no candidates were selected to fill the position.

The City has grown steadily over the last several years and now has a population of over 6,000 residents and 10,000 when counting the MCSP census. The need for a higher level of staff support has become very evident over the last year. The Management Analyst requires more experience and education than the Administrative Analyst and thus commands a higher salary.

Currently there is almost no professional/analytical staff support to the City Manager, the human resource function or any of the department heads. This has created delays and sometimes an inability to complete vital work. There are some grant opportunities and a considerable amount of analytical work that cannot be assigned to any existing staff due to a lack of time or skill set to complete the work. The Management Analyst is a key position in any city that can write and be awarded grants, dramatically improve processes and procedures, analyze the cost/benefit of a Agenda Item - Approve Salary Range Schedules for Fiscal Year 2020-21 and 2021-2022 November 2, 2021

Page 2 ends

project, and make recommendations, and to update a myriad of documents such as the Hazard Mitigation Plan, the Emergency Operations Plan, the personnel policies, and many other city policies from time to time.

ATTACHMENTS:

Management Analyst Job Specification

CITY OF IONE
A LI
COR
Management Analyst
Salary $70,000 - $85.086 Annually
To perform professional administrative, financial, budgetary and operational support and analysis for a department, division or program; to perform research, statistical, and other analytical work; and to fulfill other administrative assignments in functional areas such as budget, contract administration, grant administration, transportation funding and project management, communications, legislative monitoring, and regulatory compliance.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the City Manager or his/her designee. Supervision over technical and administrative support personnel.

EXAMPLES OF ESSENTIAL DUTIES
Duties may include, but are not limited to, the following:
• Assist in the preparation, development, and administration of the City operating and capital improvement budgets and supporting analyses and forecasts; prepare revenue projections, conduct fee analyses and recommend strategies to meet budgetary targets. • Research, evaluate, and prepare statistical, financial, and demographic data used in reports, studies, surveys and analyses;
• Analyze and make recommendations in the development and administration of assigned program area.
• Research and analyze pending legislation and identify impact to department programs and activities;
• Serve as liaison between outside organizations and the City; • Provide professional guidance with respect to City policies and procedures. • Participate in the development and implementation of departmental strategic plans. • Investigate, analyze, develop and prepare special studies or projects and corresponding documentation and technical reports; make recommendations. • Analyze, revise and develop fees; negotiate and administer contracts; ensure compliance with department procedures, City policies, and pertinent laws, regulations and ordinances.
• Coordinate and participate in financial and administrative activities of an assigned department, division or program;
• Participate in the administration of reimbursement activities and programs; • Review and approve a variety of accounting transactions for assigned department. • Research, document, coordinate and participate in the implementation of new technology including the development of tools, processes and procedures; • Develop and provide training and serve as system administrator. • Assist in the development and analysis of departmental policies, procedures and systems; recommend goals and objectives.
• Receive, research, and respond to questions from outside agencies, other City departments and the general public;
• Support City's communications and public relations efforts. • Prepare and present staff reports and presentations at various City Council, commission/board, and other governmental meetings;
• Draft City Council documents; serve as a staff liaison on various committees and task forces.
• Research grant opportunities and review grant guidelines and requirements to assess compliance with requirements and risks associated with receiving grants; • Prepare grant analyses and proposals;
• Develop, maintain and monitor grant budgets and ensure all requirements are being met and submitted accordingly.
• Assist with the selection and management of consultants and contractors; • Develop, monitor and administer contracts.
• Evaluate operations and activities of assigned responsibilities; • Recommend improvements and modifications;
• Prepare various financial, statistical and narrative reports on operations and activities. • Represent function on committees, outside organizations, and at staff subcommittees as necessary;
• Coordinate technical support activities with other departments, divisions and outside agencies.
• Plan, prioritize, assign, and review the work of support staff; • Participate in the recommendation of the appointment of personnel; • Provide or coordinate staff training; and work with employees to improve performance. • Answer questions and provide information to the public, via telephone, e-mail, and written correspondence;
• Investigate complaints and recommend corrective action as necessary to resolve complaint.
• Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service. • Perform related duties as assigned.

MINIMUM QUALIFICATIONS
Knowledge of:

Principles and practices of organization and administration. Principles and practices of budget preparation, analysis and administration.

Statistical and graphical presentation methods.

Principles and practices of research and quantitative analysis.

Principles and procedures of financial record keeping and reporting.

Technical report writing procedures and grant proposal development.

Ability to:

Learn programs, processes and structure of assigned department.

On a continuous basis, know and understand all aspects of the job.

Intermittently analyze work papers, reports and special projects; identify and interpret technical and numerical information; observe and problem solve operational and technical policy and procedures.

On a continuous basis, sit at desk for long periods of time.

Intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation;
use telephone, and write or use a keyboard to communicate through written means; and lift or carry weight of 10 pounds or less.

Learn applicable Federal, State and local laws, codes and regulations.

Research, analyze and resolve technical administrative issues.

Work with and maintain the confidentiality of information.

Communicate clearly and concisely, both orally and in writing.

Establish and maintain effective working relationships with those contacted in the course of work.

Minimum Experience and Training Required:

Two years of responsible experience performing duties of an Administrative Analyst or similar position
A Bachelor's degree from an accredited college or university, preferably in business administration, finance, accounting, public administration, or a related field.

License or Certificate: Possession of a valid California driver's license by date of appointment.

Supplemental Information
WORKING CONDITIONS: May be required to attend off-hour meetings.

PHYSICAL DEMANDS: Must possess mobility to work in a standard office setting and use standard office equipment. including a computer: vision to read printed materials and a computer screen: and hearing and speech to communicate in person and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter and retrieve data using a computer keyboard. typewriter keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend. stoop. kneel, reach, push and pull drawers open and closed to retrieve and file information. Positions in this classification occasionally lift and carry reports and records that typically weigh less than 20 pounds.

ENVIRONMENTAL ELEMENTS: Employees work in an office environment with moderate noise levels. controlled temperature conditions and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or publie and private representatives in interpreting and enforcing department guidelines. policies and procedures.
em # 5
Agenda Item
DATE: January 18, 2022
TO: Mayor Epperson and City Council
FROM: Michael Rock, Interim City Manager
SUBJECT: Approve Salary Range at Step 5 for Building Inspector/Code Enforcement Officer RECOMMENDED ACTION:

Approve Step 5 ($6757/month) for the new hire Building Inspector/Code Enforcement Officer.

FISCAL IMPACT:

There is no impact to the budget as the position was budgeted for a full fiscal year and thus there are significant salary savings (about $50,000).

BACKGROUND:

The Employee Handbook and the lone Municipal Code states that any new hire salary or hourly rate above a Step 3 (or Step C) must be approved by the City Council.

The City recruited over the last several months for this position. The City narrowed the field of applicants and assembled a professional interview panel with a mix of City staff and professionals from the industry and conducted a professional interview. Kevin Sparks, who has been working for Amador County as a Senior Building Inspector IV was selected.

Kevin brings to lone twenty-six years of experience in building inspection and code enforcement. He has every possible certification a professional in the industry can obtain including Certified Building Official, Certified Plans Examiner, Certified Accessibility Inspector, and the highly coveted Master Code Professional Certification. See attached all of the professional training and certifications for Mr. Sparks.

ATTACHMENTS:

Job Classification for Building Inspector/Code Enforcement Officer Building Inspector I/II
Class Title Building Inspector i
Salary $66,708 - $81,084 Annually
DEFINITION: The Building inspector I/ll reviews plans and inspects commercial and residential building projects, and enforces a variety of codes, ordinances, and established standards to achieve compliance with applicable electrical, mechanical, plumbing, structural, and dangerous housing/building codes.

SUPERVISION RECEIVED AND EXERCISED: Receives general direction from the Public Works Superintendent
CLASS CHARACTERISTICS: The Building Inspector I is the entry level class of the iechnical/paraprofessional Building Inspector series. Initially, under close supervision, the incumbent performs the more routine duties while learning City policies and procedures and becoming familiar with the variety of departmental systems and practices. As experience is gained, duties become more diversified and are performed under more general supervision.

The Building Inspector I! is the experienced, journey level class in the series, fully competent to independently perform assigned duties. This class is distinguished from the Building Inspector I by the relative independence with which they perform their duties of reviewing plans and inspecting commercial and residential building projects and enforcing a variety of codes, ordinances, and established standards to achieve compliance with applicable electrical, mechanical, plumbing, and structural codes. This class is distinguished from the Senior Building Inspector in that the latter serves as either the senior or advanced level specialist in the series.

The Building Inspector I is flexibly staffed with the Building Inspector ll and advancement to the Building Inspector I shall occur after satisfactorily performing the duties of a Building Inspector I for two (2) years and upon recommendation from the department head. Satisfactory performance means an overall satisfactory or higher rating on the performance evaluation during the last evaluation period.

Example of Duties
EXAMPLES OF ESSENTIAL FUNCTIONS: (Illustrative Only): Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. • Inspects commercial and residential buildings and structures to determine compliance with the structural, mechanical, plumbing, electrical, and housing codes and approved plans.
• Identifies and enforces a variety of codes, ordinances, and standards violations for conformance with plans and specifications. • Inspects workmanship and materials in building construction plans for conformance with plans and specifications, and inspects potentially substandard or dangerous buildings.
• Works with diagrams, specifications, plans, and similar documents. • Reads and interprets building construction and engineering plan specifications and codes.
• Prepares and maintains reports, letters, and correction notices on code violations and variations from approved plans.
• Enters required information into the database for tracking and accessibility. • Confers with and assists architects, engineers, contractors, builders, homeowners, tenants, and the general public in the field and office regarding the interpretation of requirements and restrictions and keeps records and prepares reports as necessary
Identifies illegal construction activity and issues violation notices. • Enforces the Municipal Code Chapter 8.06 (Vacant, Abandoned, Distressed or Foreclosed Properties), 8.12 (Abandoned Vehicle Abatement), 8.20 (Protection of Tree Stock) and Title 15 (Buildings and Construction) Minimum Qualifications
EDUCATION AND EXPERIENCE: Any combination of training and experience which would provide the required knowledge and skill. A typical way to obtain the required knowledge and skill would be:

Education: High school diploma or equivalent. AA/AS degree in Construction Technology, Architecture, or related field is highly desirable.

Experience: Bullding Inspector I: One (1) year of full-time experience as a building inspector performing work within one or more inspection disciplines in a municipal agency as a consultant or municipal employee. Building Inspector II: Two (2) years as a Building Inspector | with the City of lone; OR three (3) years of experience as a building inspector performing work within one or more inspection disciplines in a municipal agency as a consultant or municipal employee.

LICENSES AND CERTIFICATES: Possession of, or ability to obtain and maintain, a California driver license by the time of appointment. Individuals who do not meet this requirement due to a disability will be reviewed in a case-by-case basis.

At the option of the City, persons hired into this class may be required to either possess at entry or obtain within specified time limits, designated licenses, certificates or specialized education and training relevant to the area of assignment. Additional requirements may include, but are not limited to the following
• Possession of, or ability to obtain and maintain a Building Inspector's Certificate as issued by the I.C.C. within one (1) year of employment. • Certified Combination Inspector
• Certified Building Inspector
• Certified Electrical Inspector
• Certified Plumbing Inspector
• Certified Mechanical Inspector
• Accessibility Specialist Certification (CASp)
Supplemental Information
WORKING CONDITIONS: May be required to attend off-hour and/or off-site meetings.

PHYSICAL DEMANDS: Must possess mobility to work in a construction or field environment including exposure to loud noise, frequent exposure to chemicals, fumes, and other environmental substances; mobility to inspect various commercial and residential development sites, including traversing uneven terrain, climbing ladders, stairs and other temporary or construction access points; mobility to work in a standard office setting and use standard office equipment, including a computer; to attend meetings and to operate a motor vehicle; vision to read printed materials and a computer screen and make inspections; and hearing and speech to communicate in person and over the telephone. Finger dexterity is needed to access, enter and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, climb, push and pull drawers open and closed to retrieve and file information. Positions in this classification occasionally lift, move, and carry objects that typically weigh up to 50 pounds.

ENVIRONMENTAL ELEMENTS: Employees generally work in a construction or field environment including inclement weather conditions and construction and traffic hazards. Employees may also work in an office environment with moderate noise levels, controlled temperature conditions and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing department guidelines, policies and procedures.

Other Requirements
Knowledge of: Methods, practices, and materials used in construction work; proper inspection techniques to examine workmanship and materials; safety rules, regulations, and practices applied to construction areas and office spaces; codes, ordinances, and policies applicable to electrical, mechanical, plumbing, and structural codes; common word processing, spreadsheet, and database software.

Skill in: Applying technical knowledge and following proper inspection techniques to examine workmanship and materials; recognizing correct installations of building systems and detecting defects and faults in construction workmanship and materials; detecting deviations from plans, regulations, and reading and interpreting building construction and engineering plans, specifications, and codes; entering data and retrieving information from various computer systems for necessary duties; understanding diagrams, specifications, plans, and similar documents at a level necessary for efficient job performance; operating a personal computer and other electronic equipment, including field entry devices and cellular phones; effectively communicating verbally and in writing; establishing and maintaining effective working relationships with those contacted in the course of work.

Agenda Item # 6
DATE: January 18, 2022
TO: Mayor Epperson and the City Council
FROM: Michael Rock, Interim City Manager
John Alfred, Sergeant
SUBJ: Award of Information Technology Services Agreement to Computer Brokers and Systems Corporation
RECOMMENDED ACTION:

Staff recommends the award of an Information Technology Services Agreement to Computer Brokers and Systems Corporation.

BACKGROUND:

At the direction of the City Council, an RFP (request for proposal) was drafted and advertised to solicit proposals for managed I.T. Services for the City of Tone. The RFP was issued on 9/20/2021. The City received several inquiries on the RFP, and three local companies submitted final submissions for consideration.

The Interim City Manager convened an interview panel, and interviews with the three finalists were conducted on December 22, 2021. The three companies gave the panel a presentation of services provided, and then there was a question-and-answer session. All three companies were evaluated on price, services provided, background, and education. Reference checks were conducted on all candidates.

After careful consideration the panel selected Computer Brokers as the firm most qualified to provide the full spectrum of services needed for the City.

FISCAL IMPACT:

There will be an increased cost for I.T. services. The increase will result from more I.T. services covered under the Service Agreement. With an increase in cyber-terrorism, the City must take proactive steps to protect government and resident data. The Information Technology Services agreement with Computer Brokers and Systems Corporation will cost the City $35,016 annually for managed I.T. Services.

ATTACHMENTS:

Agreement for Professional Services with Computer Brokers and Systems Corporation

STANDARD FORM PERSONAL SERVICES CONTRACT

BETWEEN

THE CITY OF IONE
AND

COMPUTER BROKERS AND SYSTEMS CORPORATION
THIS PERSONAL SERVICES CONTRACT ("Contract) is made and entered into this 18" day of January 2022, by and between the CITY OF IONE, a political subdivision of the State of California ("City"), and COMPUTER BROKERS AND SYSTEM:

CORPORATION, a corporation ("Contractor")

RECITALS
WHEREAS, City desires to retain a person or firm to provide the following services:

Information Technology Services; and
WHEREAS, Contractor warrants that it is qualified and agreeable to render the aforesaid services.

AGREEMENT
NOW, THEREFORE, for and in consideration of the agreement made, and the payments to be made by City, the parties agree to the following:

1. SCOPE OF SERVICES: Contractor agrees to provide all of the services described in Exhibit A.

II. ADDITIONAL SERVICES: The City may desire services to be performed which are relevant to this Contract or the services to be performed hereunder, but have not been included in the scope of the services listed in Paragraph I above, and Contractor agrees to perform said services upon the written request of City.

These additional services could include, but are not limited to, any of the following:

A. Serving as an expert witness for the City in any litigation or other proceedings involving the project or services.

B. Services of the same nature as provided herein which are required as a result of events unforeseen on the date of this contract.

C. Projects outside the scope of work in Exhibit A (large projects not covered under services).

III. CITY FURNISHED SERVICES: The City agrees to:

A. Facilitate access to and make provisions for the Contractor to enter upon public and private lands as required to perform their work.

COMPUTER BROKERS AND SYSTEMS CORPORATION 1
B. Make available to Contractor those services, supplies, equipment and staff that are normally provided for the services required by the type of services to be rendered by Contractor hereunder and as set forth in Exhibit A.

C. Make available all pertinent data and records for review.

IV. TERM OF CONTRACT: This Contract shall commence on
and shall terminate on _ unless sooner terminated in
accordance with the terms hereunder. This contract can be renewed for two additional one year terms with City Council approval for up to five years total.

V. CONTRACT PERFORMANCE TIME: All the work required by this Contract shall be completed and ready for acceptance no later than the expiration of this contract.

VI. FEES: The fees for furnishing services under this Contract shall be based on the rate schedule which is attached hereto as Exhibit B. Said fees shall remain in effect for the entire term of this Contract.

VII. MAXIMUM COST TO CITY: Notwithstanding any other provision of this Contract, in no event will the cost to City for the services to be provided herein exceed the maximum sum of $35,016 per year, including direct non-salary expenses.

VIlI. PAYMENT: The fees for services under this Contract shall be due within 60 calendar days after receipt and approval by City of an invoice covering the service(s) rendered to date.

With respect to any additional services provided under this Contract as specified in Paragraph II hereof, Contractor shall not be paid unless Contractor has received written authorization from City for the additional services prior to incurring the costs associated therewith. Said additional services shall be charged at the rates set forth on Exhibit B.

Invoices or applications for payment to the City shall be sufficiently detailed and shall contain full documentation of all work performed and all reimbursable expenses incurred. Where the scope of work on the Contract is divided into various tasks, invoices shall detail the related expenditures accordingly. Labor expenditures need documentation to support time, subsistence, travel and field expenses. No expense will be reimbursed without adequate documentation.

This documentation will include, but not be limited to, receipts for material purchases, rental equipment and subcontractor work.

Notwithstanding any other provision herein, payment may be delayed, without penalty, for any period in which the State or Federal Government has delayed COMPUTER BROKERS AND SYSTEMS CORPORATION 2
distribution of funds that are intended to be used by the City for funding payment to Contractor.

IX. INSURANCE: Contractor shall procure and maintain for the duration of the ontract insurance against claims for injuries to persons or damages to propert vhich may arise from or in connection with the performance of the wor hereunder and the results of that work by the Contractor, his agents, representatives, employees, or subcontractors.

Minimum Scope and Limit of Insurance
A. The Contractor shall maintain a commercial general liability (CGL) insurance policy (Insurance Services Office Form CG 00 01) covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits in the amount of $1,000,000, and a general aggregate limit of $2,000,000.

The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the General Liability Policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts, or equipment furnished in connection with such work or operations. Additional insured should read City of lone
1 E Main Street
lone, CA 95640
WORKER'S COMPENSATION: The Contractor acknowledges that it is aware of the provisions of the Labor Code of the State of California which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code and it certifies that it will comply with such provisions before commencing the performance of the services to be performed under this Contract and at all times during the performance of the services to be performed hereunder. A copy of the certificates evidencing such insurance with policy limits of at least $1,000,000 per accident for bodily injury or disease (or, in the alternative, a signed City Workers' Compensation Exemption form) shall be provided to City prior to commencement of work.

XI. INDEMNIFICATION: Contractor agrees to indemnify, defend at its own expense, and hold City harmless from any and all liabilities, claims, losses, damages, or expenses, including reasonable attorney's fees, arising from any and all acts or omissions to act of Contractor or its officers, agents, or employees in performing

COMPUTER BROKERS AND SYSTEMS CORPORATION
services under this Contract; excluding, however, such liabilities, claims, losses, damages, or expenses arising from City's sole negligence or willful misconduct.

XII. NONDISCRIMINATORY EMPLOYMENT: In connection with the execution of this Contract and the services to be provided hereunder, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin, political affiliation, ancestry, marital status or disability. This policy does not require the employment of unqualified persons.

XIII. INTERESȚ OF PUBLIC OFFICIALS: No officer, agent or employee of the City during their tenure, nor for one year thereafter, shall have any interest, direct or indirect, in this Contract or the proceeds thereof.

XIA. SUBCONTRACTING AND ASSIGNMENT: The rights, responsibilities and duties established under this Contract are personal to the Contractor and may not be subcontracted, transferred or assigned without the express prior written consent of the City.

XV. LICENSING AND PERMITS: The Contractor shall maintain the appropriate licenses throughout the life of this Contract. Contractor shall also obtain any and all permits which might be required by the work to be performed herein.

XVI. BOOKS OF RECORD AND AUDIT PROVISION: Contractor shall maintain on a current basis, complete books and records relating to this Contract. records shall include, but not be limited to, documents supporting all bids and all expenditures for which any reimbursement is sought. The books and records shall be original entry books. In addition, Contractor shall maintain detailed payroll records, including all subsistence, travel and field expenses, and canceled checks, receipts and invoices for all items for which any reimbursement is sought. These documents and records shall be retained for at least ten years from the completion of this Contract (42CFR Sections 433.32, 438.3(h) and (u)).

Contractor will permit City to audit all books, accounts or records relating to this contract or all books, accounts or records of any business entities controlled by Contractor who participated in this contract in any way. Any such audit may be conducted on Contractor's premises or, at City's option, Contractor shall provide all books and records within a maximum of 15 calendar days upon receipt of written notice from City.

Contractor shall promptly refund any moneys erroneously charged. If City ascertains that it has been billed erroneously by Contractor for an amoun equaling 5% or more of the original bid, Contractor shall be liable for the costs o the audit in addition to any other penalty to be imposed. This paragraph applies to any contract which provides for reimbursement of expenses.

COMPUTER BROKERS AND SYSTEMS CORPORATION
XVII. CONFIDENTIALITY: All information and records obtained in the course of providing services under this Contract shall be confidential and shall not be open to examination for any purpose not directly connected to the administration of this program or the services provided hereunder. Both parties shall comply with State and Federal requirements regarding confidential information.

XVIII. TITLE: It is understood that any and all documents, information, computer disks, and reports of any kind concerning the services provided hereunder, prepared by and/or submitted to the Contractor, shall be the sole property of the City. The Contractor may retain reproducible copies of drawings and copies of other documents. In the event of the termination of this Contract, for any reason whatsoever, Contractor shall promptly turn over all information, writing, computer disks, and documents to City without exception or reservation. Contractor shall transfer from computer hard drive to disk any information or documents stored on hard drive and provide City with said disk.

XIX. TERMINATION:

A. Either party hereto may terminate this Contract for any reason by giving thirty (30) calendar days written notice to the other party. Notice of Termination shall be by written notice to the other party and shall be sent by registered mail.

B. If the Contractor fails to provide in any manner the services specified under this Contract or otherwise fails to comply with the terms of this Contract, or violates any ordinance, regulation, or other law which applies to its performance herein, the City may terminate this Contract by giving five calendar days written notice to Contractor.

C. The Contractor shall be excused for failure to perform services herein if such services are prevented by acts of God, strikes, labor disputes or other forces (force majeure) over which the Contractor has no control.

D. In the event of termination, not the fault of the Contractor, the Contractor shall be paid for services performed up to the date of termination in accordance with the terms of this Contract.

XX. RELATIONSHIP BETWEEN THE PARTIES: It is expressly understood that in the performances of the services herein, the Contractor, and the agents ano employees thereof, shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of the City.

XXI. AMENDMENT: This Contract may be amended or modified only by a written instrument signed by both parties.

COMPUTER BROKERS AND SYSTEMS CORPORATION 5
XXII. ASSIGNMENT OF PERSONNEL: The Contractor shall not substitute any personnel for those specifically named in its proposal unless personnel with substantially equal or better qualifications and experience are provided, acceptable to City, as evidenced in writing.

XXIII. WAIVER: No provision of this Contract or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed.

XXIV. SEVERABILITY: If any provision of this Contract is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each provision shall be valid and enforceable to the fullest extent permitted by law.

XXV. JURISDICTION AND VENUE: This Contract and the obligations hereunder shall be construed in accordance with the laws of the State of California. The parties hereto agree that venue for any legal disputes or litigation arising out of this Contract shall be in San Joaquin County, California.

XXVI. ENTIRE AGREEMENT: This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior or contemporaneous agreements, understandings, and representations, oral or written, are superseded.

XXVII. EXHIBITS: All "Exhibits" referred to below or attached to herein are by this reference incorporated into this Contract:

Exhibit Designation Exhibit Title
Exhibit A Services to be provided by Contractor
Exhibit B Compensation or Fees to be Paid to Contractor Exhibit C Health Insurance Portability and Accountability Act Supplement (HIPPA)
XXVIII. DESIGNATED AGENTS: The parties represent and warrant that they have full the duly designated agents of each party and are authorized to do so.

XXIX. COMPLIANCE WITH APPLICABLE LAWS: The Contractor shall comply with any and all federal, state and local laws, regulations, and ordinances affecting the services covered by this Contract. Contractor shall comply with the Health Insurance Portability and Accountability Act and shall execute the Healt

COMPUTER BROKERS AND SYSTEMS CORPORATION
surance Exhibit and Accountability Act Supplement attached to this AllORNErS FEES: any party heret employs an attorney for the purpose of enforcing or construing this Contract, or any judgment based on this Contract, In any legal proceeding whatsoever, including insolvency, bankruptcy, arbitration, declaratory relief or other litigation, including appeals or rehearing, the prevailing party shall be entitled to receive from the other party, or parties thereto, reimbursement for all attorneys' fees and all costs, including but not limited to service of process, filing fees, court and court reporter costs, investigative costs, expert witness fees, and the cost of any bonds, whether taxable or not. If any judgment or final order be issued in that proceeding, said reimbursement shall be specified therein.

XXXI. NOTICES: Any notice required to be given pursuant to the terms and conditions hereof shall be in writing, and shall be via one of the following methods: personal delivery, prepaid Certified First-Class Mail, or prepaid Priority Mail with delivery confirmation. Unless others designated by either party, such notice shall be If to City:

CITY OF IONE
P.O. BOX 398
IONE, CA 95640
209-274-2412
If to Contractor:

MICHAEL BENDER

COMPUTER BROKERS AND SYSTEM CORPORATION
5720 EAST CHEROKEE ROAD
STOCKTON, CA 95215
[email protected]
209-931-2262
[signature page to follow]

COMPUTER BROKERS AND SYSTEMS CORPORATION
IN WITNESS WHEREOF, the parties hereunto have executed this Contract on the date written below.

CITY OF IONE: CONTRACTOR:

By
Michael Rock,
Interim City Manager Chief Executive Officer
Date: Date: //7ps22
Attest:

City Clerk, Janice Traverso
Approved as to form:

Sophia R. Meyer
City Attorney

COMPUTER BROKERS AND SYSTEMS CORPORATION

EXHIBIT A

SERVICES TO BE PROVIDED BY CONTRACTOR

HARDWARE MAINTENANCE AGREEMENT
5720 East Cherokee Road
Stockton CA 95215
Phone(209)931-2262
COMPUTES Fax(209)931-2984
www.computer-brokers.com
[email protected]

1. Maintenance Service

1.1 Computer Brokers agrees to provide, or cause to be provided, to Customer maintenance services during the period specified in this Agreement to keep the Equipment in, or restore the Equipment to, good working order.

1.2 The maintenance service obligations described herein extend only to the Equipment listed on attached Customer Profile Form and includes service coverage in the Territory only.

1.3 independent

1.4 Maintenance services will be performed by Computer Brokers, or an independent contractor selected by Computer Brokers, on an unscheduled basis when notified by the Customer that Equipment is inoperable.

1.5 otherwise specified in an exhibit hereto, maintenance services will including replacement of parts deemed necessary to restore Equipment to operating condition unless such parts are identified as Customer replaceable, consumable or expendable. parts will be furnished basis and will be new
standard parts or parts of comparable quality. Computer Brokers shall have no obligation to replace Customer replaceable, consumable or expendable items, printer ribbons,
batteries, print heads, magnetic media, paper supplies and similar items. Replaced parts removed from Equipment become the property of Computer Brokers.

1.6 Preventative Maintenance, requested by Customer, which is not performed in conjunction with Hardware Maintenance Service will be billed at Computer Broker's then-current Time-and-Material Rates.

COMPUTER BROKERS AND SYSTEMS CORPORATION

1.7 In the event any Unit of Equipment is found to contain upgraded opposed to the manufacturer's standard components
or Computer Brokers identified configurations for such Equipment) or add-ons, and such upgraded components or add-ons were not Customer the Customer Profile Form
of repairs, adjustments or parts
required to restore such Equipment to good operating condition be charged to Customer at then-current Time-and-Material Computer Brokers shall have the right to adjust the
Service Charges for such Equipment for the remaining term of this Agreement.

1.8 Computer Broker's then-current Time-and-Material Rates shall apply Maintenance services or Installation service.
are beyond the
hereunder,
a result for example, following:
caused by water, wind, lightning, accident, vandalism
manufacturer's
non-Computer Brokers independent contractors
representatives;
masture 0t non-covered equipment if adversely
and connected to covered Equipment, any Non Related
Service Calls, (6) any Aborted Service Calls, (7) installation of any form of engineering change, enhancement, model conversion or other requested non-covered service, or (8) due to operator error or software related problems.

2. Responsibilities of Customer

2.1 Customer shall provide to Computer Brokers a purchase order or a valid proof of purchase (for warranty service) prior to Computer Broker's initiation of any service on any Unit of Equipment.

2.2 Customer shall provide a list of all Equipment, which is to be subject to this Agreement on the Customer Profile Form attached be
to Computer Brokers.

Maintenance Services on equipment not listed on
Customer Profile Form will be repaired at Computer Broker's Time New equipment may be added to this Agreement
by the mutual agreement of Computer Brokers and the Customer to amend the attached Customer Profile Form.

2.3 Customer shall promptly notify Computer Brokers of any Equipment and a Customer authorized employee shall be present during any service.

2.4 shall allow Computer Brokers personnel or independent contractors access to all Equipment and notify Computer Brokers of any potential safety or health hazards that may exist at the site, well as any recommended safety procedures to be followed while at the site.

Customer shall maintain Customer Site conditions within environmental range of all system devices and media as specified by the Equipment manufacturer (s).

COMPUTER BROKERS AND SYSTEMS CORPORATION 10

2.6 Customer is responsible for all Preventative Maintenance and all Equipment related Customer replaceable, expendable or consumable parts.

3. Exclusions

3.1 Any Service (s) outside of the Service Period.

3.2 Services which are required due to improper maintenance, treatment or use of the Equipment.

Services which, in Computer Broker's opinion, are required due to unauthorized attempts by other than Computer Brokers personnel or independent contractors install, repair, maintain, or modify any Equipment or related software or peripherals.

3.4 Maintenance Service does not include: (1) operating supplies or accessories materials for paint or refinishing any Equipment, or (2) electrical external Equipment,
maintenance alterations,
devices, relocation of Equipment
not originally specifically stated herein.

3.5 Individual hardware that cannot, in Computer Broker's be properly serviced due to
deterioration or unavailability of parts and documentation. may be withdrawn coverage hereunder
Brokers upon ninety (90) days prior written notice to Customer.

3.6 Computer Brokers shall not be deemed to be in default of any provision any delay, failure in
performance, or interruption of service resulting from acts of military catastrophes, transportation delays,
inability obtain materials parts from suppliers, or any other cause beyond its reasonable control.

3.7 Maintenance Service required because of improper installation of Equipment, such Equipment is not installed by Computer Brokers personnel contractor, shall not be covered by this
Agreement billed at Computer Broker's then current

4. Subcontracting
Computer Brokers shall have the right to subcontract any or all of its obligations responsibilities hereunder to one or more independent contractors.

Limitations and Warranty

5.1 Warranty - Unless otherwise stated, all materials, supplies, parts and other products supplied under this Agreement are provided on an "AS IS" basis.

With respect to any Unit of Equipment, part or component covered hereunder, Customer shall be entitled to coverage pursuant to the original manufacturer's Computer Brokers
perform repair services pursuant to such warranty when authorized COMPUTER BROKERS AND SYSTEMS CORPORATION 11
to act as an authorized service agent for such manufacturer in Otherwise, warranty questions
respect to Equipment or such parts and components
must be addressed directly to the manufacturer.

Computer Brokers
were rendered and shall
defective parts or material during such thirty (30) day period without additional charge to customer.

THE WARRANTIES ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,

EXPRESSED OR IMPLIED, COMPUTER BROKERS

PARTICULAR PURPOSE WITH RESPECT TO ANY SERVICES, PARIS, COMPONENTS OR PRODUCTS DELIVERED OR RENDERED HEREUNDER.

5.2 of Remedies - Computer Broker's entire liability,
whatsoever, whether caused by the negligence or gross negligence representative,
of Computer Brokers,
limited to the Service Charges paid by Customer
for the specific repairs or services hereunder. In no event will be liable for damages caused by Customer's acts
negligence, for special,
lost profits, personal injury to any individual, property use of Equipment, loss of stored memory or data,
cost of substitute equipment or other incidental or related costs even if Computer Brokers has been advised of the possibility of such damages or costs, or for any claim against Customer by any third party. shall be solely responsible for any data or information stored in, any Equipment and shall be solely responsible for making "back-up" on security copies of such data

6. Relocation of Equipment
Customer will notify Computer Brokers of any proposed relocation Equipment to a new site at least thirty (30) in advance of such Computer Brokers will determine, sole discretion,
whether the Equipment may be serviced by Computer
Response time and Service Charges hereunder may be adjusted by Computer Brokers based on the new location. In the event that the Equipment at location requires Computer Brokers to reassign ervice providers to service the Equipment, then such Equipment shall be yaluded from coverage under this Agreement beginning on the date of it:
relocation removal, and an amendment to this Agreement for service location shall be negotiated by the

7. Payment
The charge for the service offering (s) selected by Customer as set forth Profile Form attached hereto shall be payable in full,
Customer upon the execution of this Agreement.
event any sum of money owed by Customer under this Agreement is not paid for 10 days after its due date, Computer COMPUTER BROKERS AND SYSTEMS CORPORATION 12
Brokers a service charge equal to the lesser of 1-1/2% of the amount per month or the highest rate allowed by law.

COMPUTER BROKERS AND SYSTEMS 13

CORPORATION

EXHIBIT B

COMPENSATION OR FEES TO BE PAID TO CONTRACTOR
5720 East Cherokee Road
Stockton CA 95215
Phone(209)931-2262
COMPUM» Fax(209)931-2984
www.computer-brokers.com
[email protected]
PRICE

ITEM QTY UNIT PRICE
Normal pricing full support plan
includes AGENT computer support 29 49 1421
Server support includes backup 3 299 897
Network support 1 600 600
Monthly 1 2918
Project work hourly pricing 125
24 hour emergency support included
COMPUTER BROKERS AND SYSTEMS CORPORATION 14

EXHIBIT C

HEALTH INSURANCE PORTABILITY

AND ACCOUNTABILITY ACT SUPPLEMENT
erms used, but not otherwise defined, in this Contract shall have the same meanin as those terms in the Privacy Rule
a. Business Associate. "Business Associate" shall mean the Contractor named in the first paragraph of this agreement.
b. Covered Entity. "Covered Entity" shall mean the City of lone.

C. Designated Record Set. "Designated Record Set" shall mean:
(1) A group of records maintained by or for a covered entity that is:

The medical records and billing records about individuals maintained by or for a covered health care provider;
b. The enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for a health plan; or
Used, in whole or in part, by or for the covered entity to make decisions about individuals.
(2) For purposes of this paragraph, the term record means any item, collection, or grouping of information that includes protected health information and is maintained, collected, used, or disseminated by or for a covered entity. d. Individual. "Individual" shall have the same meaning as the term "individual" in 45 CFR § 164.501 and shall include a person who qualifies as a personal representative in accordance with 45 CFR § 164.502(g).
e. Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and f. Protected Health Information. "Protected Health Information" shall have the same meaning as the term "protected health information" in 45 CFR § 164.501, limited to the information created or received by Business Associate from or on behalf of Covered Entity.
g. Required By Law. "Required By Law" shall have the same meaning as the term "required by law" in 45 CFR § 164.501.
h. Secretary. "Secretary" shall mean the Secretary of the Department of Health and Human Services or his designee.
i. Electronic Protected Health Information. "Electronic Protected Health Information" ("EPH") means individually identifiable health information that is transmitted or maintained in electronic media, limited to the information created, received, maintained or transmitted by Business Associate from or on behalf of Covered Entity.
j. Security Incident. "Security Incident" shall mean the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with systems operations in an information system, but does not include minor incidents that occur on a daily basis, such as scans, "pings", or unsuccessful random attempts to penetrate computer networks or servers maintained by Business Associate.

COMPUTER BROKERS AND SYSTEMS CORPORATION 15
K. Security Rule.

Subparts A and C.

Obligations of Business Associate
Business Associate shall:
a. Not use or disclose Protected Health Information other than as permitted or required by the Contract or as Required By Law.

D. Use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract. c. Mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Contract d. Report to Covered Entity any use or disclosure of the Protected Health Information in violation of the requirements of this Contract of which it becomes e. Ensure that any agent, including a subcontractor, to whom it provides or receives Protected Health Information agrees to the same restrictions and conditions that apply through this Contract to Business Associate with respect to such information.
f. Document disclosures of Protected Health Information and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR § 164.528.
g. Provide to Covered Entity or an Individual, in time and manner agreed to between the parties, information collected pursuant to this Contract, to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR § 164.528.
h. Provide access, at the request of Covered Entity, and in the time and manner agreed to by the parties, to Protected Health Information in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an Individual in order to meet the requirements under 45 CFR §164.524.
i. Make any amendments) to Protected Health Information in a Designated Record set that the Covered Entity directs or agrees to pursuant to 45 CFR §164.526 at the request of Covered Entity or an Individual, and in the time and manner agreed to between the parties.
j. Business Associate shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of EPHI that Business Associate creates, receives, maintains, or transmits on behalf of Covered Entity.
k. Business Associate shall conform to generally accepted system security principles and the requirements of the final HIPAA rule pertaining to the security of health information.

I. Business Associate shall ensure that any agent to whom it provides EPHI, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect such EPHI.

COMPUTER BROKERS AND SYSTEMS CORPORATION 16
m. Business Associate shall report to Covered Entity any Security Incident within 5 n. Business Associate shall make its policies, procedures, and documentation relating to the security and privacy of protected health information, including EPHl, available to the Secretary of the U.S. Department of Health and Human Services and, at Covered Entity's request, to the Covered Entity for purposes of the Secretary determining Covered Entity's compliance with the HIPAA privacy and security regulations.

Permitted Uses and Disclosures by Business Associate
Except as otherwise limited in this Contract, Business Associate may use or disclose Protected Health Intormation to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in this Contract, provided that such use or disclosure would not violate the Privacy Rule if done by Covered Entity or the minimum necessary policies and procedures of the Covered Entity.

Obligations of Covered Entity
Covered Entity shall notify Business Associate of any:
a. Limitation(s) in its notice of privacy practices of Covered Entity in accordance with 45 CFR § 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of Protected Health Information. b. Changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, to the extent that such changes may affect Business Associate's use or disclosure of Protected Health Information. c. Restriction to the use or disclosure of Protected Health Information that Covered Entity has agreed to in accordance with 45 CFR § 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of Protected Health Information.

Permissible Requests by Covered Entity
Covered Entity shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by Covered Entity.

Term and Termination
a. Term. The Term of these provisions shall be concurrent with the term of the Contract, and shall terminate when all of the Protected Health Information provided by Covered Entity to Business Associate, or created or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity, or, if it is infeasible to return or destroy Protected Health Information, protections are extended to such information, in accordance with the termination provisions in this Section.
b. Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall either:
a. Provide an opportunity for Business Associate to cure the breach or end the violation and terminate this Contract if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity;
COMPUTER BROKERS AND SYSTEMS CORPORATION 17
b. Immediately terminate this Contract if Business Associate has breached a material term of this Contract and cure is not possible; or c. If neither termination nor cure are feasible, Covered Entity shall report the violation to the Secretary.
c. Effect of Termination.
a. Except as provided in paragraph (2) of this section, upon termination of this Contract, for any reason, Business Associate shall return or destroy all Protected Health Information received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information.

In the event that Business Associate determines that returning or destroying the Protected Health Information is infeasible, Business Associate shall provide to Covered Entity notification of the conditions that make return or destruction infeasible. Upon determination that return or destruction of Protected Health Information is infeasible, Business Associate shall extend the protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protected Health Information.

Reservation of Right to Monitor Activities.

Covered Entity reserves the right to monitor the security policies and procedures of Business Associate.

Specific Provisions for Use and Disclosures by Business Associate of PHI Subject to 42 CFR Part 2.
(a) Covered Entity operates a program for treatment of alcohol or drug abuse, receives federal financial assistance in the operation of that program, and is required to comply with 42 CFR Part 2 pertaining to use and disclosure of patient information and patient records.
(b) Business Associate is a "Qualified Service Organization" as that term is defined at 42 CFR 2.11.
(c) Business Associate acknowledges that it will have access to records that are covered by 42 CFR Part 2. Business Associate agrees that it is fully bound by the provisions of 42 CFR Part 2, and will only use and disclose protected health information as permitted by those regulations. Business Associate will, if necessary, resist in judicial proceedings any effort to obtain access to patient records not permitted by 42 CFR Part 2.

Miscellaneous
a. Requlatory References. A reference in this Contract to a section in the Privacy Rule means the section as in effect or as amended.
b. Amendment. The Parties agree to take such action as is necessary to amend this Contract from time to time as is necessary for Covered Entity to comply with COMPUTER BROKERS AND SYSTEMS CORPORATION 18
the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.

C. Interpretation. Any ambiguity in this Contract shall be resolved to permit Covered Entity to comply with the Privacy Rule.

COMPUTER BROKERS AND SYSTEMS CORPORATION

MAYOR EPPERSON WILL PRESENT

ASSIGNMENTS AT MEETING

TITY OF TONG
4 LIE R N
Guest Commentary
State of the City Report
lone City Council
Ledger Dispatch
The year 2021 was a challenging year in so many ways for the City of lone. Covid and the changing economy has required a flexibility and adaptability for the entire community that we have not experienced in our lifetime. Despite these challenges, or maybe because of them, lone has become a stronger and tighter knit community that can point to some very significant achievements:
• A structurally balanced budget, with a $500,000 surplus and an adopted plan to pay off past debts over 25 years
• One-time special revenues of $2.04 million from the American Rescue Plan Act (ARPA) that have been used to modernize Fire Station 1 and City Hall (updated technology, new carpet and paint), and add floor space by purchasing the property next door to City Hall to better serve the community.
• ARPA monies have also been used to assist many local businesses that suffered losses during the pandemic
• The City will be, very soon, fully staffed with qualified people in Finance, Inspection/Code Enforcement, Public Works, and a Management Analyst. These positions were approved previously or existing positions that were vacated and never filled. • Required audits completed shortly, thanks to our Interim City Manager, Interim Finance Manager, and the hard-working Finance staff.
• Discussion of expanding our solar footprint to insure we are being frugal with our spending into the future
• Reviewing additional grant funds. For a small city with limited tax revenues, grants offer lone options we would not otherwise have available to use. We will be looking at Parks and Rec Grants, Public Safety Grants, Safe Routes to School grants, Regional Water Grants and infrastructure Grants going forward.
• Add capacity to the Wastewater Treatment Plant for the long term by updating the Waste Water Discharge Requirements (WDR) Permit and update the operating procedures of the WTTP These achievements could not have been realized without a unified agreement on the priorities for the City. When a majority of the Council takes an action (three or more) but one or two do not support that action it is still the policy of the City. To then attack and continually and relentlessly criticize the majority decision is not only anti-democratic but counter-productive to achieving the goals of the City.

As we move forward the Council will strive to support whatever majority decision is made and stand by it.
lone City Council is made up of five diverse individuals with common goals. While we each bring our own history and perspective to the table we act as a body with one voice. No one Council member is more important or has more power or control than the others, by design. We all have the responsibility to look to our past and move the City into the future with clear and well-planned strategies. With the State actively pursuing the sale of the Preston Property we will need to come together as a community and discuss what lone will look like in 10 or 20 years.

Through collaboration and ongoing discussion lone can insure we remain a family oriented, neighbor driven community that cares about each other and our Town. We must remain vigilant against those who would try to limit our ability to remain a strong and independent City.

It is the Council's hope that the information above helps everyone to come together for the good of lone. We are not without our challenges, and we are going to make some missteps and mistakes as we go, but we will always try to do what is best for the City.

In closing, please remember the lone City Councilmembers are all here because we care about lone.

Some of us have grown up here, some have raised and continue to raise families here, and some live and work in this great little Town. We all five share one overriding value and goal; to make a positive impact on the future of lone for your families, and ours.

Mayor, Dan Epperson
Vice Mayor Rodney Plamondon
Council Member Dominic Atlan
Council Member Diane Wratten
Council Member Stacy Rhoades

Ione City CouncilJanuary 18, 2022

Ione City Council
January 18, 2022