Ione City Council
July 5, 2022

REGULAR MEETING STARTS AT 6:00 PM
Mayor Dan Epperson
Vice Mayor Rodney Plamondon
Council Member Dominic Atlan
Council Member Stacy Rhoades
Council Member Diane Wratten
DUE TO THE GOVERNOR’S EXECUTIVE ORDER N-25-20, THE CITY OF IONE

WILL BE CONDUCTING ITS MEETING IN PERSON
AT 1 E. MAIN STREET, IONE, CA 95640

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Tuesday, July 5, 2022
1 E. Main Street
Ione, CA 95640

THE CITY OF IONE IS A GENERAL LAW CITY DEDICATED TO

PROVIDING LEADERSHIP, ACCOUNTABILITY, AND FISCAL INTEGRITY

WHILE PROMOTING ECONOMIC OPPORTUNITIES AND MAINTAINING

A HIGH QUALITY OF LIFE FOR OUR CITIZENS

PLEASE LIMIT PUBLIC COMMENT/TESTIMONY TO FOUR MINUTES
Gov’t. Code §54954.3
The Ione City Council welcomes, appreciates, and encourages participation in the City Council Meeting. The City Council reserves the right to reasonably limit the total time for public comment on any particular noticed agenda item as it may deem necessary.

Full staff reports and associated documents are available for public review at the Office of the City Clerk, City Hall, 1 E. Main Street, Ione, CA. Hard copies may be obtained for $3.60 for pages 1-5 and $.45 for each additional page. Documents that are not available when the agenda is posted will be made available for public review at the meeting. 2 AGENDA
A. ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. APPROVAL OF AGENDA
D. PRESENTATIONS/ANNOUNCEMENTS:
• Presentation of Award of Appreciation to the City of Ione - Command Sergeant Major Michael S. Todd and Lance T. Izumi, J.D. Civilian Aid to the Secretary of Army (CASA)
E. PUBLIC COMMENT: EACH SPEAKER IS LIMITED TO 4 MINUTES NOTE: This is the time for members of the public who wish to be heard on matters that do not appear on the Agenda. Persons may address the City Council at this time on any subject within the jurisdiction of the Ione City Council.

Please be mindful of the 4 minute time limit per person.Pursuant to the Brown Act, the City Council may not take action or engage in a detailed discussion on an item that does not appear on the Agenda. However, matters that require Council action will be referred to staff for a report and/or recommendation for possible action at a future Council meeting. Is there anyone in the audience who wishes to address the Council at this time?
F. CONSENT CALENDAR:

Notice to the Public: All matters listed under this category are considered to be routine and will be enacted by one motion. Any item may be removed for discussion and possible action and made a part of the regular agenda at the request of a Council Member(s).

1. Approval of Minutes: May 17, 2022

2. Receive and File Fire Department 2nd Quarter Report

3. Receive and File Police Department 2nd Quarter Report G. PUBLIC HEARING: None
H. REGULAR AGENDA:

4. Authorize the Mayor to sign Agreement for Legal Services with Prentice Long, PC

5. Approve Release of a Request for Qualifications for Howard Park Caretakerand/or Ed Hughes Memorial Arena Host Position

6. Authorize the City Manager to sign an Agreement for Human Resource Consulting Services with HR Dynamics and Performance Management, Inc.

CITY OF IONE COUNCIL MEETING MINUTES
Meeting of Tuesday, May 17, 2022
Vice Mayor Plamondon called meeting to order at 6:00 PM A. ROLL CALL:

Present: Rodney Plamondon, Vice Mayor
Dominic Atlan, Councilmember
Stacy Rhoades, Councilmember
Diane Wratten, Councilmember

Absent: Dan Epperson, Mayor
Staff: Michael Rock, Interim City Manager
Carolyn Walker, City Attorney
Janice Traverso, City Clerk
Chris Hancock, City Treasurer
Julie Millard, Management Analyst
B. PLEDGE OF ALLEGIANCE:

Vice Mayor Plamondon led the Pledge of Allegiance.

C. APPROVAL OF AGENDA:

It was moved by Councilmember Wratten, seconded by Councilmember Rhoades that Item #3 under the Regular Agenda “Discuss and Consider Directing the Mayor to Sign a Letter of Support for Castle City Apartments – 401 Waterman Road” be pulled because apparently there are revisions to this letter that did not make it into this agenda, so the letter that is in the agenda is not the correct letter.

AYES: Plamondon, Atlan, Rhoades, Wratten
NOES: None
ABSENT: Epperson
ABSTAIN: None
It was moved by Councilmember Wratten, seconded by Councilmember Rhoades and carried to approve the May 17, 2022 agenda with the deletion of Item #3 under Regular Agenda, “Discuss and Consider Directing the Mayor to Sign a Letter of Support for the Castle City Apartments”.

AYES: Plamondon, Atlan, Rhoades, Wratten
NOES: None
ABSENT: Epperson
ABSTAIN: None

D. PRESENTATIONS/ANNOUNCEMENTS: None
E. PUBLIC COMMENT:

Larry Rhoades commented on Item #3, which was pulled from the agenda—Letter for Support for the Castle City Apartments”--I would like to know how Caltrans is going to handle 2,100 to 2,400 cars per day onto Preston Avenue from this project. Mr. Aragon and Mr. Bunce own the 210 acres of land adjacent to proposed apartment project and if they don’t obtain an easement off of Highway 124, traffic will empty onto Preston Avenue. # 1

Joseph Svec, stated he was surprised to see a letter of support for the Castle City Apartments at 401 Waterman Road on the agenda. I am concerned that we are supporting this project without having any answers—traffic control, water, sewer, and traffic. If we don’t have the infrastructure in place to limit what we are going to allow in this project, it is a little like closing the door after the animals have escaped.

Joel Day, in the letter of support as we are editing it—it only needs two letters “NO”. This sounds like the project is in progress and not a done deal. We need to see details plans for these apartments, and question why it has not been publicized until now. Ione’s needs according to the State is for 50 low income units. There is no need to build an extra 226 units.

David Anderson, on November 16, 2021 Mr. Rock addressed the City Council and indicated that the wastewater treatment plant was at capacity. How can you be adding load to something that doesn’t have the capacity?

Lee Lockhart, I personally don’t approve of these units. I approve of 50 low income that is required by the State—226 units are excessive. I do agree with the comments of the previous speakers.

Mike Evans, we are reducing the number of schools in Ione to one and at the same time adding additional housing units—this does not make any sense.

Lynda Heath, Ione is a rural community and not set up like Sacramento or Roseville—there has to be a moratorium on all this building.

F. CONSENT CALENDAR:

1. Receive and File Ione Public Works Department 2022 – 1 st Quarter Report – It was moved
by Councilmember Wratten, seconded by Councilmember Atlan and carried to approve the Consent Calendar as to written.

AYES: Plamondon, Atlan, Rhoades, Wratten
NOES: None
ABSENT: Epperson
ABSTAIN: None
G. PUBLIC HEARING: None
DISCUSSION ITEMS:

For the record: Action minutes provide the necessary documentation of City Council action.

Audio recordings are retained for those desiring more detail on particular agenda item discussions. These audio recordings provide an accurate and comprehensive backup of City Council deliberations and citizen discussions.

H. REGULAR AGENDA:

2. Approval of Request for Proposal (RFP) for Engineering Services – Interim City Manager, Michael Rock explained that as part of implementing the City’s Best Management Practices, the City needs to complete an RFP for engineering services. The current contract with SNG & Associates began on September 8, 2021 and will expire on June 30, 2023. The City is at a point where we need more engineering services then can be provided by the current firm—there are a lot of very complicated issues that we need help with. After discussion by Council, it was moved by Councilmember Wratten, seconded by Councilmember Atlan and carried to file the RFP for engineering services.

AYES: Plamondon, Atlan, Rhoades, Wratten
NOES: None
ABSENT: Epperson
ABSTAIN: None

3. Discuss and Consider Directing the Mayor to Sign a Letter of Support for Castle Oaks City Apartments – 401 Waterman Road, Ione, CA 95640 – Item was pulled for discussion at a future meeting.

4. Discuss and Consider a Proposal from the Amador County Unified School District (ACUSD) to Consolidate Schools and give Possible Direction to Staff to Draft a City Response to this Proposal – Interim City Manager Michael Rock explained that at the May 11, 2022 ACUSD Board Meeting their agenda listed the item as a discussion item. The Board considered a Consolidation Proposal which would:
• Close the Ione Elementary School permanently and move all the elementary school children to the Ione Middle School Campus
• Middle School Campus becomes the Ione Elementary School Campus • Send all the Ione Middle School students to Sutter Creek (Amador High School becomes a Middle School)
• ACUSD would have one Middle School (Amador High School Campus) and one High School (Argonaut High School Campus)
• Under this proposal there would be no Middle School or High School Campus in Ione, the fastest growing community in Amador County.

After over an hour of discussion, the Chair of the Board of Trustees requested a vote on the matter (although it appeared to be listed as a Discussion Item Only). The vote was taken to approve the Consolidation Plan but the measure failed to pass 2-3. The Chair suggested a Special Meeting on May 13, 2022 but several Board Members objected stating they would like more time to discuss this major issue with the community and that this is the first day of Ione Homecoming. After further discussion the Superintendent suggested revisiting the Consolidation Proposal at their next regular Board meeting on June 8, 2022. The majority of Board members agreed. We just learned there will be a special meeting on May 24, 2022 at 7:00 p.m., the same day as Ione Junior High School Open House and mandatory physicals for all ACUSD athletes. The Superintendent, Tori Gibson did offer to meet with two councilmembers to discuss any questions they may have and does want to answer all of our questions in writing.

The following members of the public spoke in opposition to ACUSD proposed consolidation:
• Stacy Mitchell
• Ralph Ferguson
• Lee Lockhart
• Katy Guerra
• Joseph Svec
• Sierra Shelton
• Margaret Holstein
• Larry Rhoades
• Lori Younger Wilson
• Patti Fisher-Misuraca
• Lynda Heath
• Dave Livingstone
After discussion by the Council, it was moved by Councilmember Wratten, seconded by Councilmember Atlan and carried that the City Manager draft a letter outlining what was said here by the public, as well as the Council and give it to Mayor for signature and send it to School District prior to the May 24, 2022 meeting.

AYES: Plamondon, Atlan, Rhoades, Wratten
NOES: None
ABSENT: Epperson
ABSTAIN: None

I. REPORTS AND COMMUNICATIONS FROM CITY MANAGER:
• Ione Homecoming huge success—thanked Public Works Department, Fire Department and Police Department for their help to make it a success. • National Public Works Week-May 16-17, 2022 and thanked the maintenance staff for all the work they do.
• Caltrans drainage on Main Street will start very soon. • Working on an RFP for a new City Website.
• Finance Committee will meet on May 31, 2022 to review the draft 2022-2023 Budget.

J. COUNCIL COMMENTS/COMMITTEE REPORTS/FUTURE AGENDA ITEMS:
• Councilmember Atlan requested status of:
- Sewer Rate Study
- PERC Contract v. In House
• Councilmember Rhoades requested update on Castle Oaks Entrance and Landscape at the next meeting.
• Councilmember Wratten reported on the Wastewater Committee Meeting:
- Update on Interconnection Project should be completed this time next year. - WDR being updated and should be completed within a year. - CDO hoping to have it removed within the next 6 months. • Councilmember Wratten reported on the Air Quality Meeting:
- Updated the cost for the Electric Charging Stations from $16,000 to $20,000 in the Budget.

Councilmember Rhoades recused himself from Closed Session.

K. CLOSED SESSION: Council convened to Closed Session to discuss the following:
• Conference with Legal Counsel – Anticipated Litigation: Significant Exposure to Litigation Pursuant to Paragraph (2) of Section 54956.9 of the Government Code – Three (3) Cases
• Pursuant to Government Code Section 54956.8 with Real Property Negotiator:

Property: APN 004-151-012
Agency Negotiator: Michael Rock, Interim City Manager
Negotiation Parties: Loreta Tillery and Helen Ninnis

L. DISPOSITION OF CLOSED SESSION ITEMS:
• Conference with Legal Counsel – Anticipated Litigation: Significant Exposure to Litigation Pursuant to Paragraph (2) of Section 54956.9 of the Government Code – Three (3) Cases – Information Received – Councilmember Atlan recused himself from one of the items.
• Pursuant to Government Code Section 54956.8 with Real Property Negotiator:

Property: APN 004-151-012 – Information Received.

Agency Negotiator: Michael Rock, Interim City Manager
Negotiation Parties: Loreta Tillery and Helen Ninnis
M. ADJOURNMENT:

It was moved by Councilmember Wratten, seconded by Councilmember Atlan and carried to adjourn.

Respectfully submitted,
Janice Traverso, City Clerk
Agenda Item # 2
DATE: July 5, 2022
TO: Mayor Epperson and City Council
FROM: Michael Rock, Interim City Manager
Ken Mackey, Fire Chief
Julie Millard, Management Analyst
SUBJECT: Receive and File Ione Fire Department 2022 2nd Quarter Report RECOMMENDED ACTION:

1. Receive and file Ione Fire Department 2022 2nd Quarter Report.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

BACKGROUND:

This quarterly report is for the months of April through June 2022. This report is designed to give you an understanding of the day to day operations of the Ione Fire Department (Department) and staff for the second quarter of 2022.

We would like to point out that the Department would not be able to perform at the level and capacity it does without its volunteers. They are central to the Department’s success and the backbone to the safety our of City.

ATTACHMENTS:

Detailed Summary – 2022 2nd Quarter Report

CITY OF IONE

FIRE DEPARTMENT
2022
2 nd Quarter Report to the City Council
The City of Ione Fire Department continues to be a very proud and dedicated group of men, women, and young adults, both Paid and Volunteer or youth cadets that donate hundreds of countless hours toward training and bettering themselves to assure the citizens of our community and those surrounding us or just passing through get the high levels of service possible, we can not do this without the full support of the council and city staff, and the large Volunteer staff that we have that work hand in had with the very appreciative paid staff of the department. 1) Total number of incidents to date and compared to this time last year in just the 2 11d quarter
Year Total Incident
2021 359
2022 317
2) Total calls for the year to date and compared to last year Year Total Incidents
2m1 6
2022 642
3) Weekly Volunteer Department training drills 16 at 3 hrs total of 585 personnel hours Daily Training on shift 558 hours
Officer training drills = 60 hours
Outside schooling = 200 hrs
Attended 5 Live fire training drills with Jackson Valley,Mule Creek, Sutter Creek and Cal Fire at 5-8 hrs per day with multiple units from our department per day Red Card Wild Land certification
OES vehicle refresher training
Incident Management team training with state teams
4) 9 of our Youth Fire Cadets Graduated from High school 5) Personnel also preformed Yearly Hydrant maintenance in 2 grids along with painting 6) Yearly fire hose testing for all units total 17,800 ft 7) Fire Prevention Safety Talks - end of the school year for 3 days 260 plus kids 8) Fire Inspections on required assembly buildings continue Fire Sprinkler Inspections continue on all new construction Plan check reviews for proposed new construction or development Weed Abatement enforcement continues
Fire works booth inspections and Fire Safety Pub education for fireworks safety School access roadway - continued meetings
School fire drills monthly
Working on a easy to use hand out for Emergency Escape route specific to the Ione Area Item 2 Attachment - Page 1 of 5
9) Staffing levels: Daily average remains the same at 2 per day with a Duty officer back up by the volunteers
Basic Training : Currently 4 personnel are in different phases of their training and should be done soon.
10) Testing Process for the hiring of 2 new Fire Apparatus Engineers 11) Significant incidents: * Jaws of Life were used 2 times to rescue trapped patients * 1 Wild Land fire behind the Jr High Track loss to the RR Ties * 1 Kitchen fire at Joses Place and a bathroom fire on Birchwood * Fentenal Haz Mat Call to the county jail with the Haz Mat Trailer 12) Continued work on the new staff vehicle in house to save the city money 13) Continued working on and applying for more Grants through not only Cal Fire, FEMA, Homeland security and other private or public agency grants to assist with the budget and equipment needs.
14) Homecoming went fantastic our fire fighters association Tri Tip Booth as sponsored by Axis Homes and sold out. All monies and donations will be used to purchase needed equipment, such as latest high tech hand held Thermal Imagining Cameras ** Station #1 remodel plans continue
Item 2 Attachment - Page 2 of 5

CITY OF IONE

FIRE DEPARTMENT
June 2022 Status Report

TYPES OF CALLS
Emergency Medical
Medical Alarm
Cal Fire Assignments
Station Cover Assignment
Mutual Aid Fires
Vehicle Accidents
Public works assist tree in the roadway
Natural Gas leak in a residence
Landing zone
Support services (Rehab)
Smoke alarm - Residential
Smoke alarm - Commercial
Public Lift assist
Police assist
Odor Investigation
Smoke Investigation
Mutual Aid - Vehicle accident to Sac County
Lock Out
Snake Removal
Animal hazard on a Power pole
Fuel Spill- Haz Mat
Electrical Hazard
Structure Fire (Birchwood
Total fire loss: $50.00 in the city
$50.00 Loss)

NUMBER OF CALLS
44 2
3 15
7 5
1 1
1 3
2 1
9 1
1 1
1 1
1 1
1 1
1 Total nwnber of Incidents: 105
(As of 6/29/22)
Item 2 Attachment - Page 3 of 5

TYPE OF CALLS
Emergency Medical
Vehicle Accidents
Smoke /Fire alarms - Residential
Lift Assist
Haz Mat - Spill
Electrical Hazard -power lines
Natural Gas Leaks
Animal Rescue
Misc Fires - (Landscape)
Mutual Aid Fires
Mutual aid duty officer cover
Snake Removals
Agency assist
Suppo1t Services (Rehab)
Public assist
Station Cover assignments
Lock out
Structure Fires

CITY OF IONE

FIRE DEPARTMENT
May 2022 Status Report
Used Jaws 2
Edgebrook sub div $50. loss

NUMBER OF CALLS
45 5
2 17
1 2
2 2
5 1
2 4
l
1 20
2 1
Total Fire Loss in the city: $ 50.00 Total number ofincidents: 114 Item 2 Attachment - Page 4 of 5

CITY OF IONE

FIRE DEPARTMENT
April 2022
status Report

TYPE OF CALLS NUMBER CALLS
Emergency Medical
Medical Alarms
Vehicle Accidents
Vehicle vs Building
Vehicle vs Bike
Smoke detector activation
COAla1m
Lift Assist
Landing Zones
Mutual Aid Fires
Mutual aid Duty officer cov
Power Lines Down
Station Cover assignments
Public service
Support Services
Residential
Hazardous Materials response (County Jail)
Smoke Investigation/ Control bmning
Wild land fire ( Hunter Lane & the Amador Central Rail road yard) .021 acres and pile of ties Commercial Structure Fire ( N. Arroyo Seco St )
Total Fire Loss in the city: $600 Total number of Incident responses:
38 2
5 1
1 2
1 8
2 5
2 3
20 1
2 1
2 1
99 Item 2 Attachment - Page 5 of 5
Agenda Item # 3
DATE: July 5, 2022
TO: Mayor Epperson and City Council
FROM: Michael Rock, Interim City Manager
Jon Alfred, Acting Police Chief
Julie Millard, Management Analyst
SUBJECT: Receive and File Ione Police Department 2022 2nd Quarter Report RECOMMENDED ACTION:

1. Receive and file Ione Police Department 2022 2nd Quarter Report.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

BACKGROUND:

This quarterly report is for the months of April through June 2022. This report is designed to give you an understanding of the day-to-day operations of the Ione Police Department (Department) and staff for the second quarter of 2022.

We would like to point out that the Department would not be able to perform at the level and capacity it does without its volunteers. They are central to the Department’s success and the backbone to the safety our of City.

ATTACHMENTS:

Detailed Summary – 2022 2nd Quarter Report

CITY OF IONE

POLICE DEPARTMENT
2022
2 ND Quarter Report to City Council
Data is from April 1st to June 30th

1. Calls for Service
2021 478
2022 375

2. Patrol Statistics
Type of Call 2021 2022
Officer Initiated
Incidents
1323 1222
Traffic Stops 445 578
Other OIA Incidents 878 644
Business Checks 584 374
Vehicle/Person Checks 101 83
Type of Report 2021 2022
Total Reports 112 131
Accident Reports 3 5
Corner’s Case 1 2
Felony 15 20
Information Report 43 61
Infraction 4 4
Misdemeanor 45 36
Unclassified 1 2
Arrests 2021 2022
Total Arrests 38 35
Misdemeanor 32 23
Felony 6 12
Item 3 Attachment - Page 1 of 2
Citations 2021 2022
Total 90 57
Felony 0 2
Misdemeanor 16 8
Infraction 49 44
Parking 18 1

3. Staffing Levels
a. 1 Chief
b. 1 Sergeant
c. 4 Officers
d. 1 Reserve
We currently have one full time candidate and one reserve candidate in the hiring process that will be completed by mid-July.

4. Grant Activity
a. We are finishing up the Cannabis Grant awarded by the California Highway Patrol. The grant was successful and executed by Ione P.D., Sutter Creek P.D., and Jackson P.D.

Item 3 Attachment - Page 2 of 2
Prentice|Long PC Legal Service Agreement – City of Ione

LEGAL SERVICES AGREEMENT BETWEEN

THE CITY OF IONE AND PRENTICE LONG, PC

FOR CITY ATTORNEY SERVICES
THIS AGREEMENT for legal services is entered into by and between the City of Ione, a municipal corporation in the State of California ("City"), and Prentice Long, PC ("Law Firm"), as of July 1, 2022 (the "Effective Date").

RECITALS
Whereas, City desires to continue the engagement of services of Law Firm to discharge the duties of the office of City Attorney of the City of Ione, pursuant to the requirements and the authority to set forth in applicable state law, including but not limited to, Government Code section 41800 et seq., and City of Ione Municipal Code section 2.08.020; and Whereas, City desires to continue the engagement of Law Firm to provide Human Resource services; and
Whereas the City and Law Firm desire to set forth in this Agreement the terms, conditions, and benefits of such engagements; and
Whereas, Law Firm desires to accept the engagements as City Attorney and Human Resources liaison as set forth herein;
Now, Therefore, in consideration of the mutual covenants herein contained, the parties agree as follows:

AGREEMENT
SECTION 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Law Firm shall provide to City the services described in the Scope of Work attached hereto and incorporated herein as Exhibit “A” at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit “A”, the Agreement shall prevail.

The Law Firm shall discharge the duties of the City Attorney in a competent and professional manner.

The Law Firm shall provide all legal services to the City of the kind and nature as described in the Code for the City of Ione (“Municipal Code”) unless specifically stated otherwise in this Agreement or otherwise directed in writing by the City. Law Firm shall not serve as the City’s administrative hearing examiner for parking ticket appeals.

SOPHIA R. MEYER ("Attorney") was designated as City Attorney. Attorney was appointed and designated City Attorney on January 5, 2016, by the Ione City Council ("Council)" and continues in this capacity. CAROLYN WALKER (“Deputy”) is designated as Deputy City Attorney as of July 1, 2022. Attorney and Deputy shall hold office during the pleasure of the Council and shall receive such Item 4 Attachment - Page 1 of 27
Prentice|Long PC Legal Service Agreement – City of Ione

compensation as is authorized by the Council, and subject to the terms of this agreement. The Parties understand and agree that the Firm may, from time to time, utilize other attorneys within the Firm to assist Attorney and Deputy in the performance of this Agreement but no change in the designation of SOPHIA R. MEYER as City Attorney or CAROLYN WALKER as Deputy City Attorney may be made other than by the Council.

DAVID PRENTICE (“HR Counsel”) shall be utilized as a consultant regarding Human Resources related services.

Except where conflict of interest rules require otherwise, Attorney shall supervise the activities of all other counsel retained by or for the City and shall review the work of such counsel on behalf of the City. City acknowledges that this agreement does not prohibit the Law Firm or Attorney from other employment, except as otherwise stated herein.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall remain in full force and effect until terminated in accordance with the provisions of this Agreement, or July 1, 2025, whichever occurs first. Law Firm shall complete the work described in Exhibit A during that term, unless the Agreement is otherwise terminated, as provided for in Section

7. The time provided to Law Firm to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 7 .1. l.2 Standard of Performance. Law Firm shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Law Firm is engaged in the geographical area in which Law Firm practices its profession. Law Firm shall prepare all work products required by this Agreement in a substantial, firstclass manner and shall conform to the standards of quality normally observed by a person practicing in Law Firm’s profession.

1.3 Assignment of Personnel.

Law Firm shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Law Firm shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Law Firm shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section

1.2 above and to satisfy Law Firm's obligations hereunder.

SECTION 2. COMPENSATION. City hereby agrees to pay Law Firm a sum not to exceed the amounts described in Exhibit “B”, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Law Firm's proposal, attached as Exhibit “A”, regarding the amount of compensation, the Agreement shall prevail. City shall pay Law Firm for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Law Firm for services rendered pursuant to this Agreement. Law Firm shall submit all invoices to City in the manner Item 4 Attachment - Page 2 of 27
Prentice|Long PC Legal Service Agreement – City of Ione

specified herein. Except as specifically authorized by City, Law Firm shall not bill City for duplicate services performed by more than one person.

Law Firm and City acknowledge and agree that compensation paid by City to Law Firm under this Agreement is based upon Law Firm's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Law Firm. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Law Firm and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Law Firm shall submit to the City, within thirty (30) days after the end of each calendar month, an itemized statement of the professional services provided and the time expended on an hourly basis. Time will be charged by the Firm in increments of 1/10 of an hour (i.e., six-minute units). Law Firm shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • The beginning and ending dates of the billing period; • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
• At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; and
• The total number of hours of work performed under the Agreement by Law Firm.

The City will not be liable for interest or finance charges, until the bill is 60 days past due.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Law Firm.

2.3 Total Payment. City shall pay for the services to be rendered by Law Firm pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Law Firm in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

Item 4 Attachment - Page 3 of 27
Prentice|Long PC Legal Service Agreement – City of Ione

In no event shall Law Firm submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment approved by the City Manager.

2.4 Fees. Fees for work performed by Law Firm on an hourly basis shall not exceed the amounts shown on the Compensation Schedule attached hereto and incorporated herein as Exhibit B.

2.5 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and expenses not listed in Exhibit B are not chargeable to the City.

2.6 Payment of Taxes. Law Firm is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.7 Payment upon Termination. In the event that the City or Law Firm terminates this Agreement pursuant to Section 7 of this Agreement, the City shall compensate the Law Firm for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of tem1ination. Law Firm shall maintain adequate logs and timesheets in order to verify costs incurred to that date.

2.8 Authorization to Perform Services. The Law Firm is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the City Manager.

SECTION 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Law Firm shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Law Firm only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

If the City requests on-site presence at City Hall by Law Firm, City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Law Firm’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Law Firm, at its own cost and expense, shall procure and maintain professional malpractice insurance in the amount of not less than $2 million per occurrence throughout the term of this Agreement. Law Firm shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City, and that such insurance is in effect prior to commencing work under this Agreement. Law Firm shall maintain the insurance policy required by this section throughout the term of this Agreement Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.

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4.1 Variation. The City may approve a variation in the insurance requirements, upon a determination that the coverage, scope, limit, and form of such insurance is either not commercially available, or that the City's interests are otherwise fully protected.

4.2 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Law Firm shall provide written notice to City at Law Firm's earliest possible opportunity and in no case later than five (5) business days after Law Firm is notified of the change in coverage.

4.3 Remedies. In addition to any other remedies City may have if Law Firm fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Law Firm's breach:

4.3.1. Order Law Firm to stop work under this Agreement or withhold any payment that becomes due to Law Firm hereunder, or both stop work and withhold any payment, until Law Firm demonstrates compliance with the requirements hereof; and/or

4.3.2. Terminate this Agreement.

SECTION 5. STATUS OF LAW FIRM.

5.1 Independent Contractor. At all times during the term of this Agreement, Law Firm shall be an independent contractor and shall not be an employee of City. City shall have the right to control Law Firm only insofar as the results of Law Firm's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Law Firm accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary. Law Firm and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

5.2 Law Firm, Not Agent. Except as City may specify in writing or as provided by law, Law Firm shall have no authority. express or implied, to act on behalf of City in any capacity whatsoever as an agent. Law Firm shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

5.3 California Tort Claims Act. Notwithstanding the foregoing provisions, should Law Firm or any of its attorneys, professionals, or staff be named as parties to any civil action or administrative proceeding brought by any third party, based on advice the Firm or such individuals have given to City or actions they have taken on behalf of the City, the City shall defend and indemnify Law Firm and such individuals in the same manner in which it must defend City employees pursuant Item 4 Attachment - Page 5 of 27
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to the California Tort Claims Act, California Government Code section 810 et seq. However, the City shall have no duty to defend or indemnify Law Firm or any of its attorneys, professionals, or staff if the advice given or actions taken did not occur within the course and scope of their duties under this Agreement.

5.4 Indemnification. Notwithstanding the forgoing, Law Firm shall indemnify, hold harmless and defend the City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any intentional, reckless, or negligent acts, errors or omissions of the Firm in the performance of this Agreement.

City shall indemnify, hold harmless, and defend Law Firm, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any intentional, reckless, or negligent acts, errors or omissions of the City in the performance of this Agreement.

5.5 Federal Provisions. To the extent FEMA financial assistance will be used to fund all or a portion of this Agreement, the Firm shall comply with all federal requirements including, but not limited to, the following:

A. 2 C.F.R. Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference.

B. Federal Contract Provisions attached hereto as Exhibit "C" and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the contract, including but not limited to, 2 C.F.R. Part 200 and the Federal Contract Provisions.

With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

SECTION 6. LEGAL REQUIREMENTS.

6.1 Governing Law. The laws of the State of California shall govern this Agreement.

6.2 Compliance with Applicable Laws. Law Firm and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

6.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Law Firm and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

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6.4 Licenses and Permits. Law Firm represents and warrants to City that Law Firm and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Law Firm represents and warrants to City that Law Firm and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Law Firm and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.

6.5 Nondiscrimination and Equal Opportunity. Law Firm shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Law Firm under this Agreement Law Firm shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement.

SECTION 7. TERMINATION AND MODIFICATION.

7.1 Termination. City or Law Firm may cancel this Agreement at any time and without cause upon 30 days’ written notification to the other party.

In the event of termination, Law Firm shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Law Firm delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Law Firm or prepared by or for Law Firm or the City in connection with this Agreement.

7.2 Amendments. This Agreement may be amended from time to time by written agreement of the Parties. Unless otherwise provided in this Agreement, modifications relating to the nature, extent or duration of the Law Firm's professional services to be rendered hereunder shall require the prior written approval of the Council. Any such written approval shall be deemed to be a supplement to this Agreement and shall specify any changes in the scope of services and the agreedupon billing rates to be charged by the Law Firm and paid by the City.

7.3 Assignment and Subcontracting. City and Law Firm recognize and agree that this Agreement contemplates personal performance by Law Firm and is based upon a determination of Law Firm's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Law Firm. Law Firm may not assign this Agreement or any interest therein without the prior written approval of the City Manager. Law Firm shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. Delegation to such outside attorneys shall be limited to those situations in which the Firm is disqualified by virtue of a conflict of interest, or where the Firm does not possess the expertise to competently perform services in a Item 4 Attachment - Page 7 of 27
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particular practice area. The Firm shall supervise any delegated work, except when precluded from doing so by virtue of a conflict of interest, and where otherwise agreed to by the Parties.

7.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Law Firm shall survive the termination of this Agreement.

7.5 Options Upon Breach by Law Firm. If Law Firm materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to the following:

7.5.1 Immediately terminate the Agreement;

7.5.2 Retain the plans, specifications, memoranda, correspondence, and any other work product prepared by Law Firm pursuant to this Agreement; or 7 .5.3 Retain a different Law Firm to complete the work described in Exhibit A not finished by Law Firm; or
SECTION 8. KEEPING AND STATUS OF RECORDS.

8.1 Records Created as Part of Law Firm's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Law Firm prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. The Law Firm will control the physical location of such files during the term of this Agreement. The City agrees that Law Firm may, in its discretion, maintain all or part of the City's legal files in electronic format including through use of secure cloud storage services. Law Firm agrees to apply all reasonable methods to maintain the confidentiality of the City's legal files and the data will be password protected and encrypted using currently available technology.

Law Firm hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Law Firm agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

8.2 Law Firm's Books and Records. Law Firm shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Law Firm to this Agreement.

8.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Law Firm to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City.

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SECTION 9. MISCELLANEOUS PROVISIONS.

9.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled.

The court may set such fees in the same action or in a separate action brought for that purpose.

9.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the Superior Court for the County of Shasta.

9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement

9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

9.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

9.6 Conflict of Interest. Law Firm may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Law Firm in a "conflict of interest," as that term is defined in the rules of professional responsibility governing Law Firm's profession, unless such conflict may be waived by City and City chooses to waive such conflict in writing.

Law Firm, Attorney and Deputy shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.).

Law Firm shall not employ any City official in the work performed pursuant to this Agreement.

No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Law Firm hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Law Firm was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Law Firm warrants that it did not participate in any manner in the forming of this Agreement. Law Firm understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Law Firm will not be entitled to any compensation for services performed pursuant to this Agreement, including Item 4 Attachment - Page 9 of 27
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reimbursement of expenses, and Law Firm will be required to reimburse the City for any sums paid to the Law Firm. Law Firm understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

9.8 Solicitation. Law Firm agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

9.9 Notices.

Any written notice to Law Firm shall be sent to:

Prentice Long, PC
Attn: Margaret Long
2240 Court Street
Redding, CA 96001
Any written notice to City shall be sent to:

City of Ione
City Manager
P.O. Box 398
1 E. Main Street
Ione, CA 95640

9.10 Domicile of Attorney/Deputy. City understands and acknowledges that the Attorney, Deputy, and HR Counsel may purchase, rent, lease or otherwise obtain a domicile or residence outside the city limits of the City. City shall not require Attorney, Deputy, or HR Counsel during the term of this Agreement to move his/her domicile into the city limits of the City. Nor shall the Attorney, Deputy, or HR Counsel’s failure to move his/her domicile into the city limits of the City be grounds for the City to terminate this Agreement for cause or otherwise.

9.11 Integration. This Agreement, including the attachments, represents the entire and integrated agreement between City and Law Firm and supersedes all prior negotiations, representations, or agreements, either written or oral.

9.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement

9.13 Authorized Signature. Each person and party signing this Agreement warrants that he/she has the authority to execute this Agreement on behalf of the principal and that the party will be bound by such signature.

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The parties have executed this Agreement as of the Effective Date.

CITY LAW FIRM

CITY OF IONE,
a municipal corporation

PRENTICE LONG, PC
By:

Dan Epperson, Mayor, City Council
By:

Margaret E. Long, Managing Partner
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EXHIBIT A

SCOPE OF WORK
The following services shall be provided under this Agreement:

CITY ATTORNEY SERVICES
Law Firm shall provide all general attorney services customarily provided to public agencies such as City, which include the following:
• Attend all City Council meetings and hold regular office hours either remotely or in-person as requested by the City Council or City Manager;
• Attend Planning Commission or Management Team meetings as appropriate or requested; • Regularly communicate -with the City Council, City Manager, City Administrative staff, department heads and designated staff;
• Attend staff meetings as necessary or requested;
• Advise regarding Brown Act requirements and parliamentary procedures governing public meetings;
• Advise regarding compliance with the Political Reform Act, and other ethics statutes, regulations, and rules;
• Ensure timely compliance with requests for public records; • Draft and review municipal ordinances and resolutions; • Draft and review City contracts;
• Advise regarding real property acquisitions, easements, and dedications; • Advise regarding tort claims and liability exposure;
• Provide guidance on personnel matters, including employee discipline and separations; • Ensure compliance with general plan, zoning, and other land use requirements for both City and private party-initiated actions and applications;
• Advise about the requirements of the California Environmental Quality Act and other environmental laws and regulations;
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• Advise regarding code enforcement and building code matters; • Provide opinions regarding municipal and other legal matters as directed by the City Council and City Manager;
• Monitor and advise regarding the adoption of new federal and state laws and regulations; • Manage outside legal counsel; and
• Communicate with the press when directed by the City Council or City Manager.

LITIGATION SERVICES
Law Firm shall represent City in any legal action (in state or federal court), employment proceeding (e.g., employee arbitration, PERB hearing), and other administrative proceeding. Representation of City shall include:
• Drafting of pleadings, motions, memoranda, court forms, and other litigation documents • Research and analysis of claims, defenses, and remedies • Drafting and responding to discovery pleadings
• Coordinating, reviewing, and summarizing discovery and document productions • Depositions, including witness preparation and preparation of post-deposition summaries • Preparation of administrative records
• Meetings with client representatives, opposing counsel, and others concerning the litigation • Preparation for and attendance of arbitrations and mediations • Trial and trial preparation
• Attendance and preparation for court hearings
• Other tasks necessary to the successful completion of the litigation or proceeding

LABOR NEGOTIATION SERVICES
Law Firm shall represent City in any labor relations matter, including, but not limited to:
• Labor negotiations
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• Drafting, analyzing, reviewing MOU’s
• Impasse
• Other tasks necessary to the successful completion of labor negotiations or labor relations.

City Council reserves the right to request independent counsel for any scope of work described herein. ~ END OF EXHIBIT “A” ~
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EXHIBIT B

COMPENSATION
City shall compensate law firm as follows:

City Attorney Services
City shall pay Law Firm a fixed monthly rate of $10,000.00 for all City Attorney services as set forth in Exhibit A.

City shall pay an hourly rate of $150.00 for all Labor Negotiation services as set forth in Exhibit A.

City shall pay an hourly rate of $180.00 for attorney investigator; $150.00 for non-attorney licensed investigator.

In consideration for this agreement, Law Firm shall generally bear its own costs and expenses in providing City Attorney services. City, however, shall reimburse Law Firm for the following extraordinary expenses advanced on the City's behalf:

Voluminous Duplication or Printing
(charged for each page beyond 350
pages in any month)
$0.10/page
Vehicle travel for non-standard trips Applicable IRS rate per mile x number of miles
Travel expenses for non-standard trips
not related to attendance of regular
City meetings, office hours, and
appointments
Reasonable cost of
overnight stays
and meals
Extraordinary postage or overnight
Delivery costs
Actual Cost
Paralegal Services $125.00/hour
* City of Ione shall not be charged travel time for travel to and from Law Firm’s Redding Office for purposes of attendance at City Council meetings, office hours, or necessary appointments.

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Litigation Services
For any judicial or administrative proceeding as described in Exhibit A, Law Firm would charge the City the following rates for work performed:

Attorneys Rate: $200.00/hour
Paralegals: $85.00/hour
For all litigation services, the firm would also include on monthly invoices reimbursement of necessary costs incurred for the following:
• Court filing fees
• CourtCall expenses
• Attorney services (includes service of process fees, arbitrators, and mediators) • Messenger services
• Westlaw research outside of our prepaid service fee
• Fed-Ex, On Trac Overnight, or other one-day delivery services • Reasonable travel expenses and parking fees for court appearances, depositions, arbitrations, mediations, and other necessary appointments
• Actual costs for large reproduction projects if performed by an outside service, or $0.10 per page if performed in-house
• Any other expense not listed above that becomes necessary for the successful resolution of a particular litigation matter
~ END OF EXHIBIT “B” ~
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Exhibit "C"
Federal Contract Provisions
During the performance of this contract, Law Firm shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Exhibit.

In this Exhibit, the term "Agency" shall mean the local agency entering into this contract with the Law Firm.

1. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2
C.F.R. § 200.321)
(A) The Law Firm shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
(B) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's businessenterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department ofCommerce.

The Law Firm shall submit evidence of compliance with the foregoing affirmative steps when requested by the Agency.

Notwithstanding theforegoing, theaffirmative stepsrequirements detailed above do not apply in the case of a noncompetitive procurement made under the emergency exception/exigency exception to competitive procurements.

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2. COST PRINCIPLES (2 C.F.R. PART 200, SUBPART E)
(A) If any indirect costs will be charged to the Agency under this contract, such costs must conform to the cost principles set forth under the Uniform Rules at 2 C.F.R. Part 200, subpart E ("Cost Principles"). In general, costs must (i) be necessary and reasonable; (ii) allocable to the grant award; (iii) conform to any limitations or exclusions set forth in the Cost Principles; (iv) be adequately documented; and (v) be determined in accordance with generally accepted accounting principles ("GAAP"), except, forstate and local governments and Indian tribes only, as otherwise provided for in 2 C.F.R. Part 200, subpart E. 2 C.F.R. § 200.403. Costs that are determined unallowable pursuant to a federal audit are subject to repayment by the Law Firm.

3. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336) (A) The Law Firm shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency, Inspectors General, the Comptroller General of the United States, Agency, and the State of California or any of their authorized representatives access, during normal business hours, to documents, papers, books and records which are directly pertinent to this contract for the purposes of making and responding to audits, examinations, excerpts, and transcriptions.The right also includes timely and reasonable access to the Law Firm's personnel for the purpose of interview and discussion related to the books and records. (B) The Law Firm agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(C) The Law Firm agrees to provide the Federal Agency or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

4. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH
APPENDIX II TO PART 200 - CONTRACT PROVISIONS FOR NONFEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.326)
(A) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. If the contract is in excess of $10,000 and the contract does not include provisionsfor both termination for cause and termination for convenience by the Agency, including the manner by which it will be effected and the basis for settlement, then the following termination clauses shall apply. If the contract is for more than the simplified acquisition threshold (see 2C.F.R. § 200.88) at the time the Item 4 Attachment - Page 18 of 27
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contract is executed and does not provide for administrative,contractual, or legal remedies in instances where the Law Firm violates or breaches the terms of the contract, then the following termination clauses shall apply and have precedence over the contract. Otherwise, the following termination clauses shall not be applicable tothe contract. (i) Termination for Convenience. The Agency may, by writtennotice to the Law Firm, terminate this contract for convenience, in whole or in part, at any time by giving written notice to the Law Firm of such termination, and specifying the effective date thereof ("Notice of Termination for Convenience"). If the termination is for the convenience of the Agency, the Agency shall compensate the Law Firm for work or materials fully and adequately provided through the effective date of termination. No amountshall be paid for unperformed work or materials not provided, including anticipated profit. The Law Firm shall provide documentation deemed adequate by the Agency to show the work actually completed or materials provided by the Law Firm prior to the effective date of termination. This contract shall terminate on the effective date of the Notice of Termination. (ii) Termination for Cause. If the Law Firm fails to perform pursuant to the terms of this contract, the Agency shall provide written notice to the Law Firm specifying the default ("Notice of Default"). If the Law Firm does not cure such default within ten (10) calendar days of receipt of Notice of Default, the Agency may terminate this contract for cause. If the Law Firm fails to cure a default as set forth above, the Agency may, by written notice to the Law Firm, terminate this contract for cause, in whole or in part, and specifying the effective date thereof ("Notice of Termination for Cause"). If the termination is for cause, the Law Firm shall be compensated for that portion of the work or materials provided which has been fully and adequately completed and accepted by the Agency as of the date the Agency provides the Notice of Termination.

In such case, the Agency shall have the right to take whatever steps it deems necessary to complete the project and correct the Law Firm's deficiencies and charge the cost thereof to the Law Firm, who shall be liable for the full cost of the Agency's corrective action, including reasonable overhead, profit and attorneys' fees.
(iii) Reimbursement; Damages. The Agency shall be entitled to reimbursement for any compensation paid in excess of work rendered or materials provided and shall be entitled to withhold compensation for defective work or other damages caused by the Law Firm's performance of the work.
(iv) Additional Termination Provisions. Upon receipt of a Notice of Termination, either for cause or for convenience, the Law Firm shall promptly discontinue the work unless the Notice directs to the contrary.

The Law Firm shall deliver to the Agency and transfer title (if necessary) Item 4 Attachment - Page 19 of 27
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to all provided materials and completed work, and work in progress including drafts, documents, plans, forms, maps, products, graphics, computer programs and reports. The rights and remedies of the parties provided in this Section are in addition to any other rights and remedies provided by law or under this contract. The Law Firm acknowledges the Agency's right to terminate this contract with or without cause as provided in this Section, and hereby waives any and all claims for damages that might arise from the Agency's termination of this contract.

The Agency shall not be liable for any costs other than the charges or portions thereof which are specified herein. The Law Firm shall not be entitled to payment for unperformed work or materials not provided and shall not be entitled to damages or compensation for termination of work or supply of materials. If Agency terminates this contract for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. In such event, the Law Firm shall be entitled to receive only the amounts payable under this Section, and the Law Firm specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The rights and remedies of the Agency provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this contract including, but not limited to, the right to specific performance. (B) Appendix II to Part 200 (C) - Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, the Law Firm shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:
(i) The Law Firm will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Law Firm will take affirmative action to ensure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Law Firm agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause. (ii) The Law Firm will, in all solicitations or advertisements for employees placed by or on behalf of the Law Firm, state that all qualified applicants will receive consideration for employment Item 4 Attachment - Page 20 of 27
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without regard to their race, color, religion, sex, or national origin. (iii) The Law Firm will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have accessto such information, unlesssuch disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Law Firm's legal duty to furnish information. (iv) The Law Firm will send to each labor union or representative of workers with which they have a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(v) The Law Firm will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi) The Law Firm will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to their books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the Law Firm's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided inExecutive Order No.11246 of September 24, 1965, or by rule,regulation, or order of theSecretary of Labor, or as otherwise provided by law.

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(viii) The Law Firm will include the provisions of paragraphs (i) through (viii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204ofExecutiveOrder No.11246ofSeptember 24,1965, so that such provisions will be binding upon each subcontractor or the Law Firm. The Law Firm will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Law Firm becomes involved in, or is threatened with, litigation with a subcontractor or the Law Firm as a result of such direction, the Law Firm may request the United States to enter into such litigation to protect the interests of the United States.
(C) Appendix II to Part 200 (D) - Davis-Bacon Act; Copeland Act: Not applicable to this contract.
(D) Appendix II to Part 200 (E) - Contract Work Hours and Safety Standards Act:
(i) If this contract is in excess of $100,000 and involves the employment of mechanics or laborers, the Law Firm shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.

The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(ii) No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and onehalf times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(iii) In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and Item 4 Attachment - Page 22 of 27
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subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
(iv)The Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Law Firm or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
(v) The Law Firm or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.
(E) Appendix II to Part 200 (F) - Rights to Inventions Made Under a Contract or Agreement:
(i) If the Federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Law FirmsUnder Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the Agency.
(ii) The regulation at 37 C.F.R. § 401.2(a) currently defines "funding agreement" as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Item 4 Attachment - Page 23 of 27
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Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.
(iii) This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to 'Individuals and Households - Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of "funding agreement." (F) Appendix II to Part 200 (G) - Cle an Air Act and Federal Water Pollution Control Act: If this contract is in excess of $150,000, the Law Firm shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.1251-1387).
(i) Pursuant to the Clean Air Act, (1) the Law Firm agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) the Law Firm agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) the Law Firm agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) the Law Firm agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) the Law Firm agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and
(3) the Law Firm agrees to include these requirements in each subcontract exceeding $150,000.
(G) Appendix II to Part 200 (H) - Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the 0MB guidelines at 2 CPR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the Item 4 Attachment - Page 24 of 27
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names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(i) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Law Firm is required to verify that none of the Law Firm, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) The Law Firm must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by Agency. If it is later determined that the Law Firm did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Agency, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(iv) The Law Firm warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. The Law Firm also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. The Law Firm further agrees to notify the Agency in writing immediately if the Law Firm or its subcontractors are not in compliance during the term of this contract.
(H) Appendix II to Part 200 (D - Byrd Anti-Lobbying Act If this contract is in excess of $100,000, the Law Firm shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the contract term funding exceeds $100,000.00, the Law Firm shall file with the Agency the Federal Standard Form LLL titled "Disclosure Form to Report Lobbying." Law Firms that apply or bid or an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier Item 4 Attachment - Page 25 of 27
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to tier up to the recipient.
(I) Appendix II to Part 200 ffi- Procurement of Recovered Materials:
(i) The Law Firm shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this contract, the Law Firm shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired:

Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price.
(iii) Information about this requirement, along with the list of EPAdesignate items, is available at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive- procurementguideline-cpg-program.

5. MISCELLANEOUS PROVISIONS
(A) The Law Firm shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval.
(B) This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Law Firm will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.
(C) The Law Firm acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Law Firm's actions pertaining to this contract.
(D) The Federal Government is not a party to this contract and is notsubject to any obligations or liabilities to the Agency, the Law Firm, any subcontractors or any other party pertaining to any matter resulting from the contract.

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(E) General and Administrative Expenses And Profit For Time And Materials Contracts/Amendments.
(i) General and administrative expenses shall be negotiated and must conform to the Cost Principles.
(ii) Profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Law Firm, the Law Firm's investment, the amount of
subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.

Any agreement, amendment or change orderfor work performed on a time and materials basisshall include a ceiling price that theLaw Firm exceeds at its own risk. ~ END OF EXHIBIT “C” ~
Item 4 Attachment - Page 27 of 27
Agenda Item # 5
DATE: June 28, 2022
TO: Mayor Epperson and City Council
FROM: Michael Rock, Interim City Manager
Julie Millard, Management Analyst
SUBJECT: Request for Qualification for Howard Park Caretaker / Ed Hughes Memorial Arena Host
RECOMMENDED ACTION:

1. Authorize the release of a Request for Qualifications (RFQ) to fill the Howard Park Caretaker and/or Ed Hughes Memorial Arena Host vacancy.

FISCAL IMPACT:

The fiscal impact associated with this item is related to staff time to administer the RFQ.

BACKGROUND:

On June 21, 2022 (Item # 6), City Council briefly discussed the past history of Howard Park onsite caretakers as well as the Ed Hughes Memorial Arena management vacancy. Council agreed that having a Howard Park caretaker would benefit the City and that having an Ed Hughes Memorial Arena host/manager is needed therefore, Council directed staff to present the matter to the Parks & Recreation Commission (Commission) for input and recommendation.

On June 28, 2022 (Item 1a), the Commission discussed the Howard Park Caretaker and/or Ed Hughes Memorial Arena Host vacancy and reviewed a draft Request for Qualifications (RFQ) seeking to fill the vacancy at the arena and for a caretaker for the entire Howard Park. The Commission provided staff with minor edits to the draft RFQ and made the recommendation to have staff return to City Council to request authorization to release it.

Currently City staff are performing groundwork, collecting day rider fees, and, in the course of their regular Howard Park maintenance worker duties, keeping an eye on the Ed Hughes Horse Arena to ensure it is in sufficient operating order. Time is of the essence with this vacancy however, as historically the arena grooming and general operations tend to suffer when there is not dedicated personnel overseeing the daily operations. Therefore, staff is urging Council to direct staff to release the RFQ to find suitable custodian oversight for Howard Park and Ed Hughes Memorial Arena.

ATTACHMENTS:

Request for Qualifications - Howard Park Caretaker and/or Ed Hughes Memorial Arena Host vacancy.

RFQ – Howard Park/Ed Hughes Memorial Arena 1

REQUEST FOR QUALIFICATIONS

HOWARD PARK CARETAKER AND/OR ED HUGHES MEMORIAL ARENA HOST SERVICES RFQ # 2022-01

ABOUT THE CITY OF IONE
Located in the beautiful Sierra foothills of Northern California, the City of Ione is a quaint, yet active community. The community offers a wide range of housing, world-class outdoor activities, and recreational opportunities in close proximity in every direction. An extensive array of parks and natural resources offer unbeatable experiences. Nestled in the heart of Amador County’s wine country, the City of Ione is characterized by its oak tree lined hills and small-town atmosphere.

ABOUT HOWARD PARK
Howard Park is a 90-acre multi-use regional park owned by the City of Ione. The park is available for year-round activities including youth soccer and little league baseball games, equestrian activities, skatepark activities, disc golf, tennis, and more. The park also has many amenities available for public use and/or rental including Evalyn Bishop Hall which can be rented for weddings, quinceaneras, corporate parties and more, a beer garden, and an amphitheater.

ABOUT ED HUGHES MEMORIAL ARENA
The Ed Hughes Memorial Arena is a multi-purpose, covered arena with an overall size of 200ft x 250ft (165ft x 250ft within the movable panels). The arena is perfect for a variety of indoor and outdoor activities year-round, rain or shine. In addition to the overall size of the structure, included are protective railings surrounding the entire interior as well as grandstands, an announcer's booth and ticket counter, treated sand and clay mixture for traction and footing, and 800-amp lighting both inside and out along with solar panels for visibility illuminates the entire building and surrounding area.

POSITION OVERVIEW

HOWARD PARK CARETAKER DUTIES

1. Provide an onsite presence with Howard Park to dissuade unwanted activity.

2. Conduct regular grounds patrol to ensure facilities are in proper working order.

3. Open gates each morning and close them each evening pursuant to City timeframes.

4. Unlock/lock buildings and facilities for events, as needed.

5. Perform routine repairs, painting, maintenance on park equipment as authorized.

6. Oversee park volunteer activities, as needed.

7. Make suggestions to the City for capital improvements, upgrades to current facilities, etc.

8. Provide input on the annual Howard Park budget during budget development.

ED HUGHES MEMORIAL ARENA HOST DUTIES

1. Provide a knowledgeable (e.g., equestrian) onsite presence at the arena during day use and weekend events.

2. Perform arena groundwork activities according to industry standards and City of Ione guidelines.

Item 5 Attachment - Page 1 of 3
RFQ – Howard Park/Ed Hughes Memorial Arena 2

3. Perform regular groundskeeping activities in and around the arena and associated structures or facilities (e.g., barn, stables, etc.).

4. Collect daily rider fees and turn in to the City of Ione for deposit.

5. Actively seek out arena activities and/or use opportunities such as equestrian events and other appropriate uses for the arena.

6. Regularly inspect arena equipment and facilities and notify the City of any needed repairs of servicing.

7. Work cooperatively with City staff to ensure the arena is open and available to residents and visitors.

8. Make suggestions to the City for capital improvements, upgrades to current facilities, etc.

9. Provide input in the annual arena budget during budget development.

These lists of duties are not intended to be a complete list of all duties but merely illustrate the range of tasks the City is looking for in the caretaker and arena host position(s). A more complete list of duties will be provided in the final contract.

SPECIAL CONSIDERATIONS
Ideally, this would be a hybrid Howard Park Caretaker / Ed Hughes Memorial Arena Host position, however, the City recognizes there may be individuals interested in only one (e.g., Howard Park Caretaker) or the other (e.g., Ed Hughes Memorial Arena Host) role. Therefore, submitters will be allowed to submit for either one role or the other or both Compensation
The City is open to a shared revenue arrangement or other arrangements that provide mutual benefit.

The details of a lease agreement, including the compensation for the Arena Host and/or Caretaker will be negotiated after all RFQs are evaluated and the City selects the most qualified proposal. NOTE: You will be asked to provide a detailed summary regarding any compensation.

REQUIREMENTS FOR STATEMENT OF QUALIFICATION SUBMITTAL
Your submittal should include the following information:

1. Name, address, phone number, email address.

2. If submitting as a business, name, address, phone number, business email address if difference from that in item number 1, and website URL (if applicable).

3. Resumes of key personnel to be providing the services.

4. If submitting for only one role (e.g., only Howard Park Caretaker), please clearly indicate on your submission which role you are interested in.

5. Two-page narrative as to your interest in this/these role(s), particular abilities and qualifications, and related experience.

6. Describe other jobs you have performed doing similar duties and responsibilities.

7. Provide examples of knowledge, expertise, and/or experience with the proposed work.

8. A detailed summary of your compensation proposal/requirements.

Item 5 Attachment - Page 2 of 3
RFQ – Howard Park/Ed Hughes Memorial Arena 3

9. Additional information you believe demonstrate your skills, abilities, and experience (e.g., proof of related training or education, certificates, etc.).

RFQUEST FOR QUALIFICATION SCHEDULE
The following is a list of key dates:

ACTIVITY DATE
Request for Qualifications Issued Wednesday, July 6, 2022 Deadline for Questions to be Submitted Wednesday, July 20, 2022 (by 3:00 p.m.) Response to Questions Due Monday, July 25, 2022
Submittal/Statement of Qualifications Due Wednesday, August 3, 2022 (by 4:00 p.m.) Review of Submittal/Statement of Qualifications Monday, August 8, 2022 Interviews Conducted/Make Selection Week of August 15 – 19, 2022 City Council Action to Award Tuesday, September 6, 2022 Issue Notice of Award/Sign Agreement Wednesday, September 7, 2022

STATEMENT OF QUALIFICATION SUBMISSION DETAILS
Statements of qualification should be mailed or delivered to:

City of Ione
Attn.: Julie Millard, MPA
1 E. Main Street
P. O. Box 398
Ione, CA 95640
Statements of qualification can also be submitted via email to [email protected]

EVALUATION CRITERIA
Statements of Qualification will be evaluated on the following criteria:

1. Specialized experience or technical expertise in connection with the scope of services to be provided, including handyman skills, equipment maintenance and repair, equestrian experience, etc.

2. Past experience performing caretaker and/or host duties, preferably in a park and/or equestrian situation.

3. Capacity of the person, couple, or organization to perform the work relative to other obligations.

4. Revenue sharing or other compensation agreement that is most beneficial to both parties.

Item 5 Attachment - Page 3 of 3
Agenda Item # 6
DATE: July 5, 2022
TO: Mayor Epperson and City Council
FROM: Michael Rock, Interim City Manager
Julie Millard, Management Analyst
SUBJECT: Discuss and Consider Authorizing the Interim City Manager to sign an Agreement with HR Dynamics & Performance Management, Inc.

RECOMMENDED ACTION:

Authorize the Interim City Manager to sign an Agreement between the City of Ione and HR Dynamics & Performance Management Inc. (HRDPM) for professional human resource services.

FISCAL IMPACT:

This Agreement is for two-years with an optional third year for professional human resource services. The expenditure fund for these services is in the City Manager/Finance/HR Fund 1111-65-6215.

BACKGROUND:

The City conducted a qualifications-based informal bid process and two firms responded. Liberty Cassidy and Whitmore (a legal firm specializing in labor law and personnel matters) and HR Dynamics & Performance Management. Several other firms were contacted but were non-responsive.

After carefully reviewing the two proposals staff concluded that HRDPM was a better match for the services the City needs at this time.

The scope of work, which is attached, will involve the following tasks in Year One:

Task 1 – Overall Assessment of the City’s Human Resources Administration – $13,500 Task 2 – Development of Memoranda of Understanding - $13,500 Task 5 – Review all City of Ione Job Specifications and Provide New Ones – $12,000 Task 6 – Executive Level Application Evaluation (As-needed) – Not to exceed $6,000 Task 7 – Employee/Labor Relations Support (As-needed) – Not to exceed $21,000 Travel related expenses not to exceed of $750
Total costs to the City in Year One: $66,750
Scope of Work for Year Two tasks will include:

Task 3 – Development of Comprehensive personnel rules and regulations manual - $43,500
Task 4 – Review and Assessment of City of Ione Muni Code Related to HR Administration - $12,000
Travel related expenses not to exceed $750
Total costs to the City in Year Two: $56,250
ATTACHMENTS:

Agreement – HR Dynamics & Performance Management, Inc.

HR Dynamics & Performance Management Proposal and Scope of Work

AGREEMENT FOR HUMAN RESOURCES CONSULTING SERVICES
THIS AGREEMENT, made and entered into on July 6, 2022, by and between the City of Ione, a municipal corporation located in the County of Amador, State of California, hereinafter referred to as "CITY," and HR Dynamics & Performance Management, Inc. (HRDPM), a California Corporation located at 461 Green Orchard Place, in Riverside, CA, 92506, hereinafter referred to as "CONSULTANT".

WITNESSETH
WHEREAS, CITY has the need for human resources consulting services; and WHEREAS, CITY desires to contract for such services with a private consultant; and WHEREAS, CONSULTANT is experienced in providing such services for municipal corporations and other public agencies and is able to provide personnel with the proper experience and background to carry out the duties involved; and WHEREAS, CITY wishes to retain CONSULTANT for the performance of said services; and
WHEREAS, CONSULTANT is an independent CONSULTANT, and not an employee of the CITY.

NOW, THEREFORE, in consideration of the mutual covenants, benefits and promises herein stated, the parties hereto agree as follows:

CITY, pursuant to the authority set forth at California Government Code Sections 4526, 53060, and 36505, does hereby appoint CONSULTNAT, in a contractual capacity, to perform the following CITY services in accordance with the terms and conditions hereinafter set forth; with the authorities, responsibilities, and consideration ordinarily granted to an officer of the CITY.

The CITY services to be performed by the CONSULTANT pursuant to this Agreement are hereinafter referred to collectively as the "Services." I. TERM
The Agreement term will commence on July 6, 2022, and expire on June 30, 2023, unless the Agreement term is amended, or the Agreement is terminated in accordance with its terms.

The Parties may by mutual agreement and in accordance with Section XVIll, below, prior to Item 6 Attachments - Page 1 of 18
2 June 30, 2023, agree to extend the Agreement Term for up to an additional three years or until June 30, 2026.

II. DUTIES OF CONSULTANT
CONSULTANT shall provide Human Resources Consulting Services to the City as described in Exhibit A, Scope of Services.

III. DUTIES OF CITY
A. CITY agrees to make available to CONSULTANT relevant public records including copies of reports, and other materials as may be needed for the CONSULTANT to perform her duties and to cooperate in the collection of information which CONSULTANT may request.

B. CITY shall promptly:

1. Notify CONSULTANT of any defect in CONSULTANT’S performance; and

2. Review any documents submitted by CONSULTANT for CITY's comment.

FACILITIES AND RECORDS
CITY shall provide reasonable and appropriate offices for conducting the duties set forth in this Agreement. CONSULTANT shall assemble and maintain in these offices such records as are customarily maintained by a CITY in carrying out the duties covered herein. Such records are and at all times shall be the property of the CITY.

CONSULTANT shall maintain time records for meetings, projects and work hours.

CONSULTANT shall assemble these records in an orderly fashion and store same, for at least three years or as otherwise required by law or CITY policy, in a mutually agreed upon location so that they may be reasonably available to the public or to the officials of CITY as required.

V. COMPENSATION TO CONSULTANT
CITY agrees to pay CONSULTANT for services performed in accordance with this Agreement as follows:

A. For the services to be provided CONSULTANT shall be paid on a time-andmaterials basis with a rate of $150 per hour, and at a rate in accordance with the current hourly rate as set forth in Exhibit "B". For the term July 6, 2022, through June 30, 2023, this Agreement shall not exceed $70,000.

Item 6 Attachments - Page 2 of 18
3 B. CONSULTANT shall invoice CITY for services rendered and CITY shall pay CONSULTANT as soon thereafter as CITY's regular procedures provide. When requested, CONSULTANT shall provide the necessary background detail information as may be necessary to support charges shown on invoices to assist the CITY in processing CONSULTANT invoices.

VI. TERMINATION
The CITY may terminate all or part of this Agreement as it pertains to the CITY and CONSULTANT may terminate this Agreement without cause upon 60 days written notice. In the event of such termination, CONSULTANT shall be compensated for Services performed in accordance with this Agreement through the termination effective date.

VII. RESPONSIBLE INDIVIDUALS
The individual directly responsible for the performance of this Agreement shall be Rhonda D. Strout-Garcia, Principal Consultant. Upon the CITY'S prior written approval, CONSULTANT may substitute other individuals in the above capacities as responsible individuals. Prior to requesting substitution of personnel, CONSULTANT shall provide resumes of proposed personnel to the City Manager for review and approval.

VIII. INDEPENDENT CONSULTANT
CONSULTANT and CITY agree that the CONSULTANT will perform the Services as an independent CONSULTANT and not as an employee or agent of the CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees of the CITY.

IX. SUBCONTRACTING
CONSULTANT may subcontract portions of the CITY Services upon the prior written approval of the CITY. The CONSULTANT will be solely responsible for payment for such subcontract services. No contractual relationship will exist between any such subconsultants of the CONSULTANT and the CITY.

X. STANDARD OF PERFORMANCE
CONSULTANT will perform the Services in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is Item 6 Attachments - Page 3 of 18
4 engaged in the geographical area in which CONSULTANT practices its profession.

CONSULTANT will comply with federal, state and local laws applicable to performance of the Services, including but not limited to, the California Building Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws and regulations related to any copyright, patent, trademark or other intellectual property right involved in performance of the services. CITY may treat CONSULTANT’S failure to comply with any law(s) or regulation(s) applicable to the performance of the services hereunder as a material breach of this Agreement.

INDEMNITY
CONSULTANT shall, to the fullest extent allowed by law, with respect to all services performed in connection with this Agreement, defend with counsel acceptable to CITY, indemnify, and hold CITY, its officers, employees, agents, ("Indemnitees"), harmless from and against any and all claims to the extent arising out of the negligence, recklessness, or willful misconduct of the CONSULTANT, ("Claims"), CONSULTANT will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly, to the extent CONSULTANT is determined to be culpable by a court of competent jurisdiction. With respect to third party Claims against the CONSULTANT, the CONSULTANT waives any and all rights of any type of express or implied indemnity against the Indemnitees to the extent CONSULTANT is determined to be culpable by a court of competent jurisdiction.

Acceptance of insurance, if required by this Agreement, does not relieve CONSULTANT from liability under this indemnification clause. This indemnification clause shall apply to all damages or claim for damages suffered by CONSULTANT’s negligence, recklessness, or willful misconduct regardless if any insurance is applicable or not.

CITY and CONSULTANT each agree to indemnify and hold the other harmless, and their respective officers, employees, agents, and representatives, from and against liability for all claims, losses, damages, and expenses, including reasonable attorneys' fees, to the extent such claims, losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Client and Consultant, they shall be borne by each party in proportion to its negligence.

Item 6 Attachments - Page 4 of 18
5 XII. INSURANCE
A. THIS CONTRACT/AGREEMENT SHALL NOT BE EXECUTED BY CITY and the CONSULTANT is not entitled to any rights, unless certificates of insurances, or other sufficient proof that the following provisions have been complied with, and such certificate(s) are filed with the CITY CLERK.

B. Without limiting CONSULTANT's indemnification provided herein CONSULTANT shall require any of its subcontractors to take out and maintain, throughout the period of this Agreement, the following policies of insurance placed with insurers with a current A.M. Best's rating of no less than A: V II or its equivalent against injury/death to persons or damage to property which may arise from or in connection with the activities hereunder of CONSULTANT, its agents. employees or subcontractors:
l. Comprehensive or Commercial General Liability Insurance at least as broad as Insurance Services Office Commercial General Liability coverage (form CG 0001), in an amount of $1,000,000 per occurrence. If work involves explosive, underground or collapse risks, XCU must be included. If a general aggregate limit is used, either the general aggregate limit shall apply separately to this project, or the general aggregate shall be twice the required occurrence limit. Said policy shall contain, or be endorsed with, the following provisions:
a. The City, its officers, employees and agents, are covered as additional insured for liability arising out of the operations performed by or on behalf of CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, agents, and employees. b. The policy shall not be canceled without thirty (30) days prior written notice (10 days for non-payment of the premium) to CITY by mail. c. The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one insured shall not operate to increase the limits of the insurer's liability.
d. For claims related to this project, the CONSULTANT 's general/auto liability insurance is primary coverage to the City, and any insurance or self-insurance programs maintained by the City are excess to CONSULTANT's insurance and will not be called upon to contribute with it.

Item 6 Attachments - Page 5 of 18
6 e. Any failure to comply with reporting or other provisions of the parties, including breach of warranties, shall not affect coverage provided to City, its officers, employees, and agents.

2. Automobile liability insurance with coverage at least as broad as Insurance Services Office form CA 0001 06092, Code I (any auto), for vehicles used in the performance of this Agreement with minimum coverage of not less $0 than per accident combined single limit (CSL). Such policy shall contain or be endorsed with the provision that coverage shall not be canceled without thirty (30) days prior written notice (10 days for non-payment of premium) to CITY by certified mail.

3. Workers' Compensation insurance meeting statutory limits of the California Labor Code which policy shall contain or be endorsed to contain a waiver of subrogation against City, its officers. agents, and employees and provide for thirty (30) days prior written notice in the event of cancellation (10 days for nonpayment of premium) to CITY by mail.

4. Professional liability insurance/errors and omission coverage in an amount no less than $1,000,000 combined single limit (CSL). If insurance is written on claims made basis, CONSULTANT agrees to maintain such insurance in effect for at least three (3) years following completion of performance under this Agreement.

5. CONSULTANT shall furnish CITY with certificates and original endorsements effecting the required coverage prior to execution of this Agreement by City. The endorsements shall be on standard insurance industry forms as approved by the City Manager or designee. Any deductible or self-insured retention over $100,000 shall be disclosed to and approved by CITY. If CONSULTNAT does not keep all required policies in full force and effect, CITY may, in addition to other remedies under this Agreement, take out the necessary insurance, and CONSULTANT agrees to pay the cost of said insurance.

XIII. NON-DISCRIMINATION
During the performance of this Agreement, CONSULTANT will not discriminate against any employee of the CONSULTANT or applicant for employment because of race, religion, creed, color, national origin, gender, or age. CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, creed, color, national origin, gender or age.

Item 6 Attachments - Page 6 of 18
7 XIV. BUSINESS LICENSE
CONSULTANT and any subcontractors must acquire at their sole expense a business license from the CITY. Such licenses must be kept valid throughout the Agreement term.

XV. OWNERSHIP OF WORK PRODUCTS AND TREATMENT OF DOCUMENTS All plans, specifications, reports. designs and other documents prepared by CONSULTANT pursuant to this Agreement shall be and remain the property of the CITY. Any modification or reuse of such documents by the CITY without CONSULTANT 's prior written consent will be at the CITY's sole risk and CITY agrees to indemnify and hold CONSULTANT harmless from claims or allegations arising out of CITY's alteration or reuse of such documents.

XVI. BINDING EFFECT AND ASSIGNMENT PROHIBITION
This Agreement is binding upon CITY, CONSULTANT, and their successors. Except as otherwise provided herein, neither CITY nor CONSULTANT may assign, sublet or transfer its interest in this Agreement or any part thereof without the prior written consent of the other parties, and any purported assignment without such consent will be void.

XVII. REPRESENTATIVES
The City Manager is the CITY's representative for purposes of this Agreement. The CONSULTANT representative for purposes of this Agreement will be Rhonda StroutGarcia. The parties' designated representatives will be the primary contact persons regarding the performance of the Services. The parties intend that their designated representatives will cooperate in all matters regarding this Agreement and in such manner to achieve performance of the Services in a timely and expeditious fashion.

XVIII. INTEGRATION AND AMENDMENT
This Agreement represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations or agreements, whether written or oral. This Agreement may only be amended in writing and signed by a representative authorized to bind the CONSULTANT and a representative authorized to bind the CITY.

XIX. CONFLICT OF INTEREST PROHIBITION
CITY and CONSULTANT will comply with the requirements of the CITY’S Conflict of Interest Code adopted pursuant to the provisions of California Government Code Section Item 6 Attachments - Page 7 of 18
8 87300 and following, the Political Reform Act (California Government Code Section 81000 and following), the regulations promulgated by the Fair Political Practices Commission (Title 2, Section 181 10 and following of the California Code of Regulations), California Government Code Section 1090 and following, and any other ethics laws applicable to the performance of the Services and/or this Agreement.

The CONSULTANT may not perform services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to the CONSULTANT's obligations pursuant to this Agreement. The CONSULTANT agrees to cooperate fully with the CITY and to provide any necessary and appropriate information requested by the CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning the CONSULTANT’S obligations pursuant to this Agreement.

CONSULTANT may not employ any CITY official, officer or employee in performance of the Services, nor may any official, officer or employee of the CITY have any financial interest in this Agreement that would violate California Government Code Section 1090.

CONSULTANT understands that, if this Agreement is made in violation of Government Code Section 1090 and following, the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT's performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse the CITY for any sums paid to the CONSULTANT under this Agreement.

CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code Section 1090 may include criminal prosecution and disqualification from holding public office in the State of California. Any violation by the CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all rights and remedies at law and equity concerning any such violations.

XX. APPLICABLE LAW
The laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and the interpretation of this Agreement.

XXI. RECOVERY OF ATTORNEY'S FEES
If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret any term of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

Item 6 Attachments - Page 8 of 18
9 XXII. SEVERABILITY
If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged will remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

IN WITNESS HEREOF the parties have caused their authorized representative to execute this Agreement on this ____day of July, 2022.

CITY OF IONE
By:__________________________
Michael Rock
Interim City Manager
HR Dynamics & Performance Management, INC.

BY: __________________________
Rhonda D. Strout-Garcia, Principal Consultant
ATTEST:

BY:____________________________
Janice Traverso, City Clerk
EXHIBITS:

Exhibit A — Scope of Services
Exhibit B — HRDPM Proposal and Consideration of Rates
Item 6 Attachments - Page 9 of 18
10 EXHIBIT A - SCOPE OF SERVICES
From HRDPM Scope of Services Proposal the following tasks will be completed from July 6, 2022- June 30, 2023, with an amount not to exceed $70,000
Task 1 – Overall Assessment of the City of Ione’s Human Resources Administration – $13,500 Task 2 – Development of Memoranda of Understanding - $13,500 Task 5 – Review all City of Ione Job Specifications and Provide New Ones – $12,000 Task 6 – Executive Level Application Evaluation (As-needed) – Not to exceed $6,000 Task 7 – Professional Employee/Labor Relations Support (As-needed) – Not to exceed $21,000 Travel related expenses not to exceed of $750
13,500+13,500+12,000+6,000+21,000 = $66,000 + $750 = $66,750 If the second-year option is approved by both parties the Scope of Work for the period beginning July 1, 2023, with an amount not to exceed $60,000 is as follows:

Task 3 – Development of Comprehensive Personnel Rules and regulations Manual - $43,500 Task 4 – Review and Assessment of City of Ione Muni code Related to HR Administration - $12,000 Travel related expenses not to exceed $750
$43,500+$12,000+$750= $56,250
Item 6 Attachments - Page 10 of 18
11 EXHIBIT B

HRDPM PROPOSAL

AND CONSIDERATION OF RATES
Item 6 Attachments - Page 11 of 18
1 PROPOSAL FOR HUMAN RESOURCES CONSULTING SERVICES

CITY OF IONE
HR DYNAMICS & PERFORMANCE MANAGEMENT, INC.

RHONDA D. STROUT-GARCIA, PRINCIPAL CONSULTANT
May 4, 2022
The City of Ione has expressed the need for professional Human Resources consulting services in areas requiring specialized skills. The consultant is uniquely qualified with over 35 years of public sector personnel management experience; and over 20 years of consulting experience in serving hundreds of public, private and non-profit agencies in both southern and northern California.

BACKGROUND
As part of the 2022 City of Ione Strategic Planning process, the City Council identified Good Governance and Organization Effectiveness as a strategic priority. Additionally, in preparation of the projected growth and development within the City over the next few years, the City of Ione realizes it needs to update its administrative governance to allow the City to provide better customer service to its residents and visitors, attract new commercial development, and hire and retain well qualified personnel as necessary.

With these primary drivers in mind, the City of Ione is requesting the following tasks to be completed expeditiously.

SCOPE OF WORK
Task 1: Overall Assessment of the City of Ione’s Human Resources Administration  Conduct an assessment of the state of the City of Ione’s Human Resources processes and procedures for compliance with various regulatory requirements and best practices.

Deliverable

Provide a confidential executive summary of areas needing improvement and recommended actions in priority order.

Task 2: Development of Memoranda of Understanding
 Draft two MOUs that spells out the terms and conditions of employment for the unrepresented management employees and unrepresented general personnel, including any pay and benefit increases currently approved by City Council and other terms included Item 6 Attachments - Page 12 of 18
2 within the existing employee handbook. Develop the format and identify topics to be included.

Deliverables
Provide two MOUs in electronic version with interactive table of contents (TOC).

Task 3: Development of Comprehensive Personnel Rules and Regulations Manual  Review current Employee Handbook, Municode, and any other City policy documents.

Develop a comprehensive outline of subject matter. Assess current provisions to determine those topics missing from the City’s current provisions to be added consistent with best practices and legal requirements, and identify those provisions which are out of date needing revision. Assess and determine which provisions will be included in the Personnel Rules and Regulations, versus Municode, versus MOU to eliminate duplication.  Create a comprehensive Personnel Rules and Regulations Manual by extracting the relevant information from the various source documents (Employee Handbook, Municode, and other documents) and adding in additional topics not currently addressed and consistent with best practices.

Deliverables
Provide a clean, modern and comprehensive Personnel Rules and Regulations Manual in electronic format (e.g., MS Word) version with interactive TOC.

Task 4: Review and Assessment of City of Ione Municode Related to Human Resources Administration
 In conjunction with Tasks 2 and 3 above, conduct a review of the City of Ione’s Municode as it relates to Human Resources Administration, the new Personnel Rules and Regulations Manual, and the new Memoranda of Understanding. Perform a methodical assessment of what needs to be extracted from the City of Ione’s Municode and included in the deliverables for Tasks 2 and 3 above, and/or items that should be added to the Municode from the Employee Handbook.

Deliverables
 Provide a redline version of the recommended City of Ione’s Municode updates.

Task 5: Review all City of Ione Job Specifications and Provide New Ones  Create a modern, compliant City of Ione job specification template for future use/positions.  Review all existing City of Ione job specifications.
 Update all current City job specifications* (approximately 20-25) for each of the City’s current job classifications into the new standardized template to include the City’s current data and designated status (e.g., exempt, Dept. Head, etc.), job number, etc. *(Note: the process does not include a full job analysis for each position/classification, rather the transfer of existing data into a single new format.) Item 6 Attachments - Page 13 of 18
3 Deliverables
Provide electronic working versions of all of the City of Ione’s job classifications.

Task 6: Executive Level Application Evaluation (As-needed)  Provide executive level recruitment services in the review, screening, and evaluation of executive level applications for qualifications.
 Contact executive level applicants as necessary to further evaluate qualifications.

Deliverables
Provide a summary of determination to City Manager or other designated City of Ione representative depending on the recruitment.

Task 7: Professional Employee/Labor Relations Support (As-needed)  Serve as a professional resource to the City of Ione on an “as-needed” basis, and provide skilled expertise to the City Manager and key management staff involved in the handling of sensitive/confidential personnel matters. Such matters may include corrective and/or disciplinary actions; and/or internal relationship dynamics.

SERVICE DELIVERY
Services shall be delivered via phone calls, Zoom-meetings, emails, and infrequent on-site visits.

The recommended skilled and specialized consulting services includes providing professional and technical guidance to City staff related to complex Human Resources matters, and the independent completion of specifically identified projects. In all cases, the services shall be performed as a skilled professional, while serving as an independent contractor. The consultant at all times shall determine the manner and means in which to achieve the results.

HRDPM maintains an established business location, and business licenses for the jurisdictions in which it provides services. HRDPM is publically available for hire and advertises its services (HRDPM.COM), has multiple clients, and exercises independent judgment in the performance of services. The Consultant shall perform all project work remotely from HRDPM offices; establish dates/times and hours to be worked to achieve the objectives; and determine the methods in which to achieve the final work products to meet timelines established by the Consultant and agreed upon by the client.

The consultant understands that the City of Ione does not include Human Resources classifications or positions within their current organizational structure/workforce, and must rely upon outside services for skilled expertise to fulfill project needs and to provide as-needed professional guidance.

TIMELINE
Consultant shall complete all deliverables during a seven (7) month time frame commencing June 1, 2022 through December 31, 2022. A total of 810 hours, or twenty (20) weeks of work is estimated during this timeframe.

Item 6 Attachments - Page 14 of 18
4 CONSIDERATION
Task Estimated
Hours
Project Cost or
Hourly
Basis
(April 1 – December 31, 2022)
Total
1 Overall Assessment of the City of Ione’s Human Resources Administration 90 hours $13,500 Project fee $13,500
2 Development of Memoranda of Understanding
90 hours $13,500 Project fee $13,500
3 Development of Comprehensive Personnel Rules and Regulations Manual 290 hours $43,500 Project fee $43,500
4 Review and Assessment of City of Ione Municode Related to Human Resources Administration
80 hours $12,000 Project fee $12,000
5 Review all City of Ione Job Specifications and Provide New Ones 80 hours $12,000 Project fee $12,000
6 Executive Level Application Evaluation (As-needed)
40 $150.00 per hour Invoiced Hourly
Services are As-Needed
Not to
Exceed
$6,000
7 Professional Employee/Labor Relations Support (As-needed) 140 $150.00 per hour Invoiced hourly
Services are “As-Needed”
Budgeted 20 hours per month for
seven months
Not to
Exceed
$21,000
N/A Travel related expenses to include travel time at $75/hour, lodging and mileage, estimated at two round trips.

Not to
Exceed
$1,500
Total $123,000
HR DYNAMICS & PERFORMANCE MANAGEMENT, INC.

Henry T. Garcia, Principal Consultant
Rhonda D. Strout-Garcia, Principal Consultant
Website: HRDPM.COM
Mobile: (951) 905-0025 or (951) 999-1617
Premier Consulting Services Customized to Meet the Client’s Needs Item 6 Attachments - Page 15 of 18
City of Ione 1
Human Resources (HR) Consulting Services
Scope of Work
About the Project
As part of the 2022 City of Ione Strategic Planning process, City Council identified Good Governance and Organization Effectiveness as a strategic priority.

Additionally, in preparation of the projected growth and development within the City over the next few years, the City of Ione realizes it needs to update its administrative governance to allow the City to provide better customer service to its residents and visitors, attract new commercial development, and hire and retain well qualified personnel as necessary.

With these primary drivers in mind, the City of Ione is requesting the following tasks be completed expeditiously:

Task 1: Overall assessment of the City of Ione’s Human Resources Administration • Conduct an assessment of the state of the City of Ione’s Human Resources processes and procedures for compliance with various regulatory requirements and best practices.

Task 1 - Deliverables
• Provide a confidential executive summary of areas needing improvement and recommended actions in priority order.

Task 2: Memorandum of Understanding for Unrepresented Personnel • Draft an MOU that spells out the terms and conditions of employment for the identified personnel, including any pay and benefit increases currently approved by City Council.

Task 2 - Deliverables
• Provide electronic version with interactive table of contents (TOC).

Task 3: Administrative Policy Manual
• Review current Employee Handbook, Municode, and any other City policy documents • Create a true Administrative Policy Manual by extracting the relevant information from the various source documents (Employee Handbook, Municode, and other documents).

Task 3 - Deliverables
• Create a clean, modern Administrative Policy Manual.
• Provide an electronic working (e.g., MS Word) version with interactive TOC. • Provide 12 bound hardcopies (one for each Council Member, City Manager, Management Analyst, Finance Manager, Public Works Manager, Police Chief, and Fire Chief) Item 6 Attachments - Page 16 of 18
City of Ione 2
Task 4: Employee Handbook
• In conjunction with the review of the Employee Handbook for Tasks 2 and 3, create a true Employee Handbook minus the information that should be included in an Administrative Policy Manual.

Task 4 - Deliverables
• Create a clean, modern Employee Handbook.
• Provide a redline electronic working (e.g., MS Word) version of all changes to the current Employee Handbook.
• Provide a clean, electronic working (e.g., MS Word) version with interactive TOC. • Provide 12 bound hardcopies (one for each Council Office, CM, MA, Finance Manager, PW Manager, Police Chief, and Fire Chief)
Task 5: City of Ione Municode review and assessment.
• In conjunction with the review of the City of Ione’s Municode as it relates to Tasks 2 through 4 above, perform a methodical assessment of what needs to be extracted from the City of Ione’s Municode and included in the deliverables for Tasks 1 – 3 above. • In conjunction with the review of the City of Ione’s Municode as it relates to Tasks 2 through 4 above, perform a methodical assessment of what needs be incorporated into the City of Ione’s Municode either from the current Employee Handbook or standard Municode purpose and function.

Task 5 - Deliverables
• Provide a redline version of the recommended City of Ione’s Municode updates.

Task 6: Review all City of Ione Job Specifications and provide new ones. • Review all existing City of Ione job specifications.
• Draft new, compliant job specifications for each of the City’s current job classification that identify position status (e.g., exempt, Dept. Head, etc.), job number, etc. • Create a modern, timeless City of Ione job specification template for future use/positions.

Task 6 – Deliverables
• Provide electronic working versions of all of the City of Ione’s job classifications.

Task 7: Executive Level Application Evaluation (As-needed) • Review/screen executive level applications for qualifications. • Contact executive level applicants as necessary to determine qualifications.

Task 7 – Deliverables
• Provide a summary of determination to City Manager or other designated City of Ione representative depending on the recruitment.

Item 6 Attachments - Page 17 of 18
City of Ione 3
Task 8: Professional Support (As-needed)
• Serve as resource on an “as-needed” basis, and provide expertise to the City Manager and key management staff involved in the handling of sensitive/confidential personnel matters. Such matters may include corrective and/or disciplinary actions; and/or internal relationship dynamics.

Item 6 Attachments - Page 18 of 18
Agenda Item # 7
DATE: July 5, 2022
TO: Mayor Epperson and City Council
FROM: Michael Rock, Interim City Manager
Julie Millard, Management Analyst
SUBJECT: Discussion and Approval of Groundwater Monitoring Request for Proposal (RFP)
RECOMMENDED ACTION:

1. Approve Request for Proposal (RFP) for Groundwater Monitoring

2. Authorize staff to release the RFP for Groundwater Monitoring FISCAL IMPACT:

There is no fiscal impact associated with this item. The fiscal impact will come when the contract award item is brought before City Council at a later date.

BACKGROUND:

The City is required to conduct groundwater monitoring and quarterly reporting to the Central Valley Regional Water Quality Control Board (CVRWQCB). The groundwater monitoring requires sampling and testing on a monthly basis and then preparation of a quarterly report and submission by prescribed deadlines.

On January 16, 2018 (Item # 6), City Council awarded a one-year contract through December 31, 2018, for Groundwater Monitoring and Reporting in the amount of $27,915. Section 8.2 of the contract allowed for extension on a year for year basis.

On December 18, 2018 (Item # 10), Council extended the contract through December 31, 2020. Unfortunately, due to the pandemic and staffing turnover, the groundwater monitoring contract was not extended beyond December 31, 2020. This oversight was discovered in June 2022 and staff has taken necessary action to ensure the groundwater monitoring continues to be done through a new RFP process.

ATTACHMENTS:

Recommended Request for Proposals

CITY OF IONE

REQUEST FOR PROPOSAL

IONE WASTEWATER TREATMENT FACILITY (WWTF) QUARTERLY AND

ANNUAL GROUNDWATER MONITORING PROGRAM
City of Ione
P.O. Box 398
1 E. Main Street
Ione, CA 95640
(209) 274-2412
PROPOSAL DUE: TBD
Item 7 Attachment - Page 1 of 26

CITY OF IONE

REQUEST FOR PROPOSAL

IONE WWTF QUARTERLY AND ANNUAL GROUNDWATER

MONITORING PRORAM
I. INTRODUCTION
The City of Ione is located in Amador County, California. It is approximately 30 miles southeast of Sacramento and 30 miles northeast of Stockton. The City has a five-member Council and a City Manager form of government. The members of the City Council are elected at-large. They serve staggered four-year terms, with the Mayor being rotated annually among Council Members. The Council meets on the first and third Tuesdays of the month.

The City operates one wastewater treatment facility and one tertiary plant. The Ione Wastewater Treatment Plant (WWTP) serves the incorporated community of Ione. The system is a secondary treatment facility that produces undisinfected secondary wastewater. The facility consists of four treatment ponds, a storage and distribution pond, and two percolation ponds. The system also has land application areas as well.

The Castle Oaks Water Reclamation Plant (COWRP) is a tertiary treatment facility that receives treated secondary effluent from Amador Regional Sanitation Agency (ARSA) and from Mule Creek State Prison (MCSP). The system includes flocculation/headworks, tertiary sand filters, chlorine mix tank and contact basin, effluent pump stations, solids handling facility, and chemical storage tanks. The COWRP only operates in the summer to provide irrigation water at the Castle Oaks Golf Course.

II. PROJECT OVERVIEW
The City of Ione is issuing this Request for Proposal (RFP) for the purpose of identifying a qualified consultant/team that can assist the City with Ione WWTF Quarterly and Annual Groundwater Monitoring Project (the “Project”).

The Wastewater Treatment Plant monitoring network consists of nine groundwater monitor wells and 11 piezometers. The Castle Oaks Golf Course (COGC) monitoring network consists of three groundwater wells and three piezometers. The work described in this Proposal must meet the requirements set forth in the revised Monitoring and Reporting Program (MRP) Order No. R5-2013-0022 (REV1) for the WWTP, the Water Reclamation Requirements (WRR) Order No. 93-240, and the requirements in the Revised Monitoring and Reporting Program (MRP) No. 93-240 dated April 17, 2001, for the COGC. All work will be completed under the direction and supervision of a professional registered with the State of California to perform such work.

The “Project” includes taking quarterly samples of the ground water monitoring wells located at the Wastewater Treatment Plant and Castle Oaks Golf Course, delivering Item 7 Attachment - Page 2 of 26
sample to a certified laboratory for testing, reporting the quarterly and annual groundwater monitoring and analytical results to the City for review and comment prior to final submittal to the Central Valley Regional Water Quality Control Board (Regional Board).

The reports will include the discharger information, project description, environmental setting, a summary of the effluent and groundwater quality, and copies of field forms and laboratory analyses. Company will compile groundwater quality data in Microsoft Excel for graphic display and analyses and for submittal to the Regional Board as required.

In accordance with California Business and Professions Code sections 6735, 7835, and 7835.1, all engineering and geologic evaluations and judgments shall be performed by or under the direction of registered professionals competent and proficient in the fields pertinent to the required activities. This could be an engineer, geologist, hydrologist, or other registered professional with experience in geohydrology. a) Supporting Material
Copy of the Monitoring and Reporting Program (MRP) Order No. R5-2013-0022 (REV1) for the WWTP.

Copy of the Water Reclamation Requirements (WRR) Order No. 93-240.

Copy of the requirements in the Revised Monitoring and Reporting Program (MRP) No. 93-240 dated April 17, 2001, for the Castle Oaks Golf Course.

Copy of the 2017 Castle Oaks Golf Course Third Quarter Groundwater Monitoring Report.

Copy of the 2017 Ione Wastewater Treatment Plant Third Quarter Groundwater Monitoring Report.

III. CONTACT PERSON
Questions regarding this RFP may be directed to the following person:

Michael Rock
Interim City Manager
City of Ione
(209) 274-2412 Ext. 116
[email protected]
Item 7 Attachment - Page 3 of 26
IV. SCOPE OF SERVICES
The scope of work shall include tasks described in the attached Exhibit “A”, Scope of Services, as well as other elements or modifications which may be suggested by consultants presenting proposals to better meet the needs of the City.

All services shall be provided in accordance with the City’s standard Professional Services Agreement and general provisions attached as Exhibit “B” to this request for proposal.

All technical reports specified herein that contain workplans for investigations and studies, that describe the conduct of investigations and studies, or that contain technical conclusions and recommendations concerning engineering and geology shall be prepared by or under the direction of appropriately qualified professional(s), even if not explicitly stated. Each technical report submitted by the Dischargers shall bear the professional’s signature and stamp.

V. INSURANCE REQUIREMENTS
The insurance requirements are set forth in the City’s Professional Services Agreement and Special Provisions for Services contained in this packet.

VI. MINIMUM REQUIREMENTS
• Consultant shall have demonstrated experience working with municipalities or local agencies.
• Consultant shall have demonstrated experience working with regulatory agencies. • Consultant shall have registered, licensed, professionals competent and proficient in the fields pertinent to the required activities. This includes licensed engineers, geologists, hydrologists or other registered professionals with experience in geohydrology
• Consultant and subconsultants shall have ability to obtain the insurance policies and coverage limits included as part of the attached Professional Services Agreement.

VII. PROPOSAL SUBMITTAL REQUIREMENTS
Written proposals shall include, at a minimum, the following items:
a) Cover Letter
The cover letter, which should be signed by an official authorized to bind the consultant, shall include the following:
• Identification of consultant and any subconsultants;
• Brief overview of qualifications of consultant; and
• Contact information (address, phone and e-mail)
b) Project Understanding and Approach
Item 7 Attachment - Page 4 of 26
Describe your understanding of the project goals and your approach to meeting the task objectives outlined in this RFP. Include a narrative of potential challenges and what special services your firm has to meet the City’s needs for this Project. c) Project Team
Identify all personnel who will be assigned to work on this project and include a description of their abilities, qualifications and experience. Identify any subconsultants and a description of their qualifications and experience. d) Project Work Plan
Explain in detail your proposed work plan, including all anticipated tasks along with any supplemental tasks (those not specifically identified in this RFP) you deem necessary for successful completion of this project.
e) Fee Proposal
Propose a fee proposal based on an hourly rate schedule with a “not to exceed” maximum cost for all work identified in the Scope of Services. Include a copy of your firm’s current itemized hourly rate fee schedule. Indicate if travel time and mileage will be charged. Include any sub-consultant cost. Provide a breakdown of the proposed fee by task in accordance with the tasks defined in the consultants proposed Work Plan. Direct costs should be identified separately. f) References
Provide a list of similar projects completed by the consultant under which services similar to those required by this RFP were performed. Include a brief description of the services, dates the services were provided, and name and telephone number of references familiar with the services provided.
g) Exceptions
Identify any exceptions you are proposing with respect to the Scope of Services, the City’s insurance requirements and/or the City’s contract provisions.

VIII. DEADLINE and DELIVERY
Five (5) copies of the proposal must be submitted to:

Michael Rock
Interim City Manager
City of Ione
(209) 274-2412 Ext. 116
[email protected]
Item 7 Attachment - Page 5 of 26
The deadline for submittal of a proposal is TBD, 2022, 3:00 p.m. No information submitted by facsimile or electronic mail will be accepted unless otherwise required by the City during the proposal review process. Proposals received after the deadline will not be accepted.

IX. REVIEW PROCESS
Written proposals submitted by the deadline will be evaluated based upon the following criteria:
• Demonstrated understanding of the work to be done
• Experience with similar projects
• Qualifications and experience of key personnel
• Quality and thoroughness of proposed Work Plan
These items are not listed in order of importance. Based on evaluation of submitted proposals, a list of the top-qualified consultants will be established. Selected consultants may be requested to participate in an oral interview, although this is not anticipated. The City reserves the right to select the top-ranked consultant based solely on the written proposal. If for any reason an acceptable contract cannot be negotiated with the top-ranked consultant, negotiations will commence with the next-ranked firm.

The City plans to make a decision related to this proposal by the end of TBD.

X. GENERAL TERMS and CONDITIONS
• The City reserves the right to reject any and all proposals. • The City is not responsible for any costs incurred by respondents in the preparation and submittal of a response to this RFP.
• The City reserves the right to modify or withdraw all or a portion of the scope of work for this project at any time.
• All responses to this RFP shall be the property of the City.

Item 7 Attachment - Page 6 of 26
EXHIBIT “A”

SCOPE OF SERVICES

IONE WWTF QUARTERLY AND ANNUAL GROUNDWATER

MONITORING PROGRAM
Task 1: Field Work
Once each quarter, Company will measure the depth-to-water in all monitoring wells and piezometers prior to commencing sample collection.

Groundwater samples will be collected from the nine groundwater monitoring wells after purging at least three casing volumes from each well and field parameters have stabilized. Sample collection will utilize dedicated pumps that are installed in each well.

Samples will be collected by trained environmental field staff.

Company field staff will properly maintain and calibrate field instruments according to manufacturer’s specifications prior to each use.

Flow cells will be used to collect field parameters. Field forms documenting sampling procedures, observations, and measurements will be completed during sampling.

Task 2: Laboratory Analysis
Company will deliver groundwater samples under chain-of-custody procedures to a state certified laboratory within the analytical holding times and following proper preservation procedures.

All samples will be analyzed using EPA-approved procedures applicable to each constituent using EPA guidelines for their Quality Assurance-Quality Control Program.

The required laboratory analyses to be performed is found on Table 1 and Table 2.

Task 3: Reporting
Company will report the quarterly and annual groundwater monitoring and analytical results to the City for review and comment prior to final submittal to the Regional Board.

The reports will include the discharger information, project description, and environmental setting, a summary of the effluent and groundwater quality, and copies of field forms and laboratory analyses.

Company will compile groundwater quality data in Microsoft Excel for graphic display and analyses and for submittal to the Regional Board as required.

Item 7 Attachment - Page 7 of 26
Table 1
Groundwater Quality Monitoring Constituents for the WWTP Constituent Quarterly Annually
Method1 Units
Calc. Groundwater Elevation 0.01 feet X X
Measure Depth to groundwater 0.01 feet X X
Calc. Gradient feet/foot X X
Calc. Gradient direction Degrees X X
Meter pH S.U. X X
Meter Electrical Conductivity (EC) µS/cm X X
Meter Dissolved Oxygen (DO) mg/L X X
Meter Oxidation Reduction Potential (ORP) mV X X
EPA-160.1 Total Dissolved Solids (TDS) mg/L X X
EPA-200.8 Dissolved Iron mg/L X X
EPA-200.8 Dissolved Manganese mg/L X X
EPA-300.0 Nitrate as Nitrogen mg/L X X
EPA-350.1 Ammonia as Nitrogen mg/L X X
SM-9221B Total Coliform Organisms MPN/100ml X X
EPA-200.8 Dissolved Arsenic mg/L X
EPA-200.8 Dissolved Aluminum mg/L X
EPA-200.8 Dissolved Boron mg/L X
EPA-200.7 Dissolved Calcium mg/L X
EPA-300.0 Chloride mg/L X
EPA-200.7 Dissolved Magnesium mg/L X
Calc. Total Nitrogen -(adds TKN) mg/L X
EPA-200.7 Dissolved Potassium mg/L X
EPA-200.7 Dissolved Sodium mg/L X
EPA-300.0 Sulfate mg/L X
EPA-310.1 Total Alkalinity (including alkalinity series) mg/L X Calc. Hardness mg/L X
1 Or equivalent methods.

Table 2
Groundwater Quality Monitoring Constituents for the COGC Constituent Quarterly Annually
Method1 Units
Calc. Groundwater Elevation 0.01 feet X X
Measure Depth to groundwater 0.01 feet X X
Calc. Gradient feet/foot X X
Calc. Gradient direction Degrees X X
Meter pH S.U. X X
EPA-160.1 Total Dissolved Solids (TDS) mg/L X X
EPA-350.1 Ammonia as Nitrogen mg/L X X
SM-9221B Total Coliform Organisms MPN/100ml X X
EPA-200.8 Dissolved Iron* mg/L X X
EPA-200.8 Dissolved Magnesium* mg/L X X
EPA-200.8 Dissolved Arsenic* mg/L X X
* These 3 constituents are not included in the MRP but were requested by previous City Managers to be included.

Item 7 Attachment - Page 8 of 26

SPECIAL PROVISIONS FOR SERVICES
BUSINESS LICENSE. If the scope of work under this bid includes performing services or installation on City of Ione property, the SUCCESSFUL BIDDER must have a current City of Ione Business License. Inquiries regarding Business License may be directed to the Ione City Clerk’s Office (209) 274-2412. Business Licenses are not required for materials or equipment shipped by U.S. mail or common carrier.

CONFIDENTIAL OR PROPRIETARY INFORMATION OF THE CITY OF IONE.

Contractor understands and agrees that, in the performance of the contracted work or services or in contemplation thereof, Contractor may have access to private or confidential information which may be owned or controlled by the City of Ione and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to the City of Ione. Contractor agrees that all information disclosed by the City of Ione to Contractor shall be held in confidence and used only in performance of contracted work or services. Contractor shall exercise the same standard or care to protect such information as a reasonably prudent contractor would use to protect its own proprietary data.

DAMAGE. The contractor shall be held responsible for any breakage, loss of the City of Ione’s equipment or supplies through negligence of the contractor or his employee while working on the City of Ione’s premises. The contractor shall be responsible for restoring or replacing any equipment, facilities, etc. so damaged. The contractor shall immediately report to the City of Ione any damages to the premises resulting from services performed under this contract. Failure or refusal to restore or replace such damaged property will be a breach of this contract.

INDEPENDENT CONTRACTOR. Contractor or any agent or employee of Contractor shall be deemed at all times to be an independent contractor and is wholly responsible for the manner in which it performs the services and work requested by the City of Ione under contract.

Contractor or any agent or employee of Contractor shall not have employee status with the City of Ione, nor be entitled to participate in any plans, arrangements, or distributions by the City of Ione pertaining to or in connection with any retirement, health or other benefits that the City of Ione may offer its employees. Contractor or any agent or employee of Contractor is liable for the acts and omissions of itself, its employees and its agents. Contractor shall be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to: FICA, income tax withholdings, unemployment compensation, insurance, and other similar responsibilities related to Contractor’s performing services and work, or any agent or employee of Contractor provided same. Nothing in this solicitation nor the contract awarded thereof shall be construed as creating an employment or agency relationship between the City of Ione and Contractor or any agent or employee of Contractor. Any terms in the contract awarded from this solicitation referring to direction form the City of Ione shall be construed as providing direction as to policy and the result of Contractor’s work only, and not as to the means by which such a result is obtained. The City of Ione does not retain the right to control the means or the method by which Contractor performs work under the contract. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at all times be considered independent contractors and not agents of the City of Ione.

Item 7 Attachment - Page 9 of 26
INDEMNIFICATION. Contractor shall indemnify, defend with counsel reasonably acceptable to the City of Ione, and hold harmless the City of Ione and its officials, officers, employees, agents, contractors, consultants, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City of Ione or its officers, employees, agents, contractors, consultants, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of Ione of insurance certificates and endorsements required under the contract awarded from this solicitation does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause is a material element of the contract and shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.

INSURANCE REQUIREMENTS. Within ten (10) consecutive calendar days of award of contract, Successful Proposer must furnish the City of Ione with the Certificates of Insurance proving coverage as specified in the Sample Contract. Failure to furnish the required certificates within the time allowed will result in forfeiture of the Proposal Security.

Item 7 Attachment - Page 10 of 26

THIS FORM MUST BE PRINTED OUT, COMPLETED AND EMAILED TO THE CITY AS

PART OF THE PROPOSAL

NON-COLLUSIONAFFIDAVIT
Groundwater Monitoring Services
State of California
County of Amador ss.
(Proposer's Name), being first duly sworn,
deposes and says that he or she is
(Position/Title/Owner) of (Contractor Name)
the party making the foregoing proposal that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and further, that the proposer has not , directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

Date (Signed at (Place)
Proposer Name Authorized Representative
(Person, Firm, Corp.)
Address Representative's Name
City, State, Zip Representative's Title
Item 7 Attachment - Page 11 of 26

THIS FORM MUST BE PRINTED OUT, COMPLETED AND EMAILED TO THE CITY AS

PART OF THE PROPOSAL

PROPOSER'SSTATEMENT REGARDING

INSURANCECOVERAGE
Groundwater Monitoring Services
PROPOSER HEREBY CERTIFIES that the Proposer has reviewed and understands the insurance coverage requirements specified in the Request for Proposals for Groundwater Monitoring Services. Should the Proposer be awarded the contract for the work, Proposer further certifies that the Proposer can meet the specified requirements for insurance, and agrees to name the City of Ione as Additional Insured for the work specified.

Name of Proposer (Person, Firm, or Corporation)
Signature of Proposer's Authorized Representative
Name & Title of Authorized Representative
Date of Signing
Item 7 Attachment - Page 12 of 26

THIS FORM MUST BE PRINTED OUT, COMPLETED AND EMAILED TO THE CITY AS

PART OF THE PROPOSAL

WORKER'SCOMPENSATION INSURANCE CERTIFICATE
Groundwater Monitoring Services
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Name of Proposer (Person, Firm, or Corporation)
Signature of Proposer's Authorized Representative
Name & Title of Authorized Representative
Date of Signing
Item 7 Attachment - Page 13 of 26

THIS FORM MUST BE PRINTED OUT, COMPLETED AND EMAILED TO THE CITY AS

PART OF THE PROPOSAL
Proposer:

1. Name of Agency Agency Address
Contact Name Contact Title
Contact Telephone # Contact e-mail Ad-dress
Contract Term and Dollar Amount Type of Audit Services

2. Name of Agency Agency Address
Contact Name Contact Title
Contact Telephone # Contact e-mail Address
Contract Term and Dollar Amount Type of Audit Services

3. Name of Agency Agency Address
Contact Name Contact Title
Contact Telephone # Contact e-mail Address
Contract Term and Dollar Amount Type of Audit Services
I hereby certify that I have performed the work listed above.

Signature of Proposer (Individual with Authorization to Bind the Firm in Contract

LIST OF REFERENCES
Item 7 Attachment - Page 14 of 26
20 RFP SAMPLE AGREEMENT

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF IONE AND
[NAME OF CONSULTANT]
THIS AGREEMENT for consulting services is made by and between the City of Ione (“City”) and (“Consultant”) as of , 2022.

AGREEMENT
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on , the date of completion specified in Exhibit A, and Consultant shall complete all the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8.

The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. Exhibit A shall name any specific personnel who shall be performing services. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to complete Consultant’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a guaranteed maximum price not to exceed $ for all services to be performed and reimbursable costs incurred under this Agreement. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.

Item 7 Attachment - Page 15 of 26
21 Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Hourly rates for personnel performing services shall be as shown in Exhibit B. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred during the billing period. Invoices shall contain the following information:
▪ Serial identification of bills;
▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion, if applicable;
▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;
▪ The Consultant’s signature.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above and is otherwise acceptable to the City to pay Consultant. In the event that an invoice is not acceptable to the City, said invoice shall be returned to Consultant within thirty (30) days of the City’s receipt of the invoice with a detailed explanation of the deficiency. City’s obligation to pay a returned invoice shall not arise earlier than thirty (30) days after resubmission of the corrected invoice.

2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. In the event that Consultant identifies additional work outside the scope of services specified in Exhibit A that may be required to complete Item 7 Attachment - Page 16 of 26
22 the work required under this Agreement, Consultant shall immediately notify the City and shall provide a written not-to-exceed price for performing this additional work.

2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on Exhibit B.

2.5 Reimbursable Expenses. Reimbursable expenses are shown on Exhibit B, and shall not exceed ($ ). Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total not-to-exceed amount of compensation provided under this Agreement.

2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any other applicable federal or state taxes.

2.7 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. The City shall have no obligation to compensate Consultant for work not verified by logs or timesheets.

2.8 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a written Notice to Proceed from the City.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, cellular telephone, long-distance telephone, or other communication charges, vehicles, and reproduction facilities.

If the performance of the work specified in Exhibit A requires destructive testing or other work within the City’s public right-of-way, Consultant, or Consultant’s subconsultant, shall obtain an encroachment permit from the City.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement and shall produce said policies to the City upon demand. The cost of such insurance shall be included in the Consultant's price. Consultant shall not allow Item 7 Attachment - Page 17 of 26
23 any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the City Attorney. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and nonowned automobiles.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:

Item 7 Attachment - Page 18 of 26
24 a. City and its officers, employees, agents, contractors, consultants, and volunteers shall be covered as insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, contractors, consultants, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees, contractors, consultants, and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be suspended, voided, or canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

4.3 Professional Liability Insurance. If Consultant shall be performing licensed professional services, Consultant shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.

4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.

4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

4.3.3 The policy must contain a cross liability clause.

4.3.4 The following provisions shall apply if the professional liability coverages are written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.

Item 7 Attachment - Page 19 of 26
25 b. Insurance must be maintained and evidence of insurance must be provided for at least three years after completion of the Agreement or the work, unless waived in writing by the City.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work.

The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

4.4 Requirements for All Policies.

4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A.

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.4.4 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

During the period covered by this Agreement, only upon the prior express written authorization of the City, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, contractors, consultants, and volunteers. The City may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to the City.

4.4.5 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage.

Item 7 Attachment - Page 20 of 26
26 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
▪ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
▪ Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or ▪ Declare Consultant in material breach of the Agreement and terminate the Agreement.

4.6 Waiver. The Risk Manager of the City has the authority to waive or vary any provision of Sections 4.2 through 4.5. Any such waiver or variation shall not be effective unless made in writing.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel reasonably acceptable to the City, and hold harmless the City and its officials, officers, employees, agents, contractors, consultants, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, contractors, consultants, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

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27 Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3.

Otherwise, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions and to perform this Agreement. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business license from City.

7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Item 7 Attachment - Page 22 of 26
28 Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Consultant shall include the provisions of this Subsection in any subcontract approved by the City or this Agreement.

Section 8. TERMINATION ANDMODIFICATION.

8.1 Termination. City may terminate this Agreement at any time and without cause upon written notification to Consultant.

In the event of termination, Consultant shall be entitled to compensation for services performed prior to the effective date of termination as provided in Section 2. City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the City, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.

Consultant may not assign this Agreement or any interest therein without the prior written approval of the City. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors listed in the Consultant’s proposal, without prior written approval of the City.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

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29 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, any or all of the following:

8.6.1 Immediate cancellation of the Agreement;

8.6.2 Retention of the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement prior to cancellation; and

8.6.3 Retention of a different consultant at Consultant’s cost to complete the work described in Exhibit A not finished by Consultant.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City at any time upon demand of the City. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. Failure by Consultant to deliver these documents to the City within the time period specified by the City shall be a material breach of this Agreement. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the City in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties.

9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

Section 10 MISCELLANEOUSPROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Item 7 Attachment - Page 24 of 26
30 party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Amador or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of performance or any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant were an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement.

Consultant understands that, if this Agreement is made in violation of Government Code §1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, may be disqualified from holding public office in the State of California.

Consultant certifies that it has not paid any direct or contingent fee, contribution, donation or consideration of any kind to any firm, organization, or person (other than a bona fide Item 7 Attachment - Page 25 of 26
31 employee of Consultant) in connection with procuring this Agreement, nor has Consultant agreed to employ or retain any firm, organization, or person in connection with the performance of this Agreement as a condition for obtaining this Agreement.

10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.9 Contract Administration. This Agreement shall be administered by who is authorized to act for, and on behalf of, City.

All correspondence shall be directed to or through the Contract Administrator or his or her designee.

10.10 Notices. Any written notice to Consultant shall be sent to:

Any written notice to City shall be sent to:
1 East Main Street
Ione, California 95640

10.11 Professional Seal. Where applicable in the determination of the City, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation.

10.12 Integration. This Agreement, including the exhibits, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

10.13 Exhibits. All exhibits referenced in this Agreement are incorporated by reference herein.

CITY OF IONE CONSULTANT
Dan Epperson, Mayor [Name and Title]
Taxpayer Identification Number
ATTEST:
_________________________________
Janice Traverso, City Clerk
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