REGULAR MEETING STARTS AT 6:00 PM
Mayor Alison LaFayne
Vice Mayor Diane Wratten
Councilmember Dominic Atlan
Councilmember Jack Mitchell
Councilmember Stacy Rhoades
AT 1 E. MAIN STREET, IONE, CA 95640
AND VIA ZOOM
The City of Ione is inviting you to a scheduled Zoom meeting.
Join Zoom Meeting
https://zoom.us/j/2351961316?pwd=d3lWTW0zbVJLblpQNXBDQWtpZkRyUT09 Meeting ID: 235 196 1316
Passcode: 95640
Tuesday, June 18, 2024
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.
A. ROLL CALL
B. CLOSED SESSION:
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9; one case
If all matters are not completed prior to the regular meeting start time, the City Council will convene to Closed Session after the Regular Meeting ends.
C. PLEDGE OF ALLEGIANCE
D. REPORT OUT OF CLOSED SESSION
E. APPROVAL OF AGENDA
F. PRESENTATIONS/ANNOUNCEMENTS:
1. Presentation on status of Wastewater Treatment Plant
2. Presentation on status of Grants – Debbie Mackey, Grant Coordinator
3. Presentation on current City Contracts – Andrea Bonham, Administrative Analyst G. 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? H. INFORMATION ITEMS:
All matters listed under this category are for information only with no action to be taken by the City Council.
1. May 2024 Fire Department Report
2. May 2024 Police Department Report
3. May 2024 Administrative Report
4. May 2024 Building Department Report
5. May 2024 WWTP Report
I. CONSENT CALENDAR:
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 Councilmember(s).
1. Minutes of May 7, 2024
2. Warrants – June 18, 2024
J. REGULAR AGENDA:
1. Amador County Regional Transportation Plan 2024 Update & Mitigated Negative Declaration
2. Adopt Resolution No. 2024-13 Senate Bill 1 (SB1) Road Maintenance Project for Fiscal Year 2024-2025
3. Adopt Resolution No. 2024-15 approving the Fiscal Year 2024-2025 Budget
4. Discussion and Possible Action Regarding Portable Camera Trailer Lease
5. American Rescue Plan Act (ARPA) Fund Update
K. REPORTS AND COMMUNICATIONS FROM CITY ATTORNEY
L. REPORTS AND COMMUNICATIONS FROM CITY MANAGER
M. COUNCIL COMMENTS/COMMITTEE REPORTS/FUTURE AGENDA ITEMS N. RESUME TO CLOSED SESSION IF NECESSARY
O. REPORT OUT OF CLOSED SESSION
P. ADJOURNMENT TO REGULAR MEETING ON JULY 2, 2024
Upcoming Meetings:
June 25, 2024 – Park & Recreation Commission
July 2, 2024 – City Council
July 9, 2024 – Planning Commission
July 11, 2024 - Creek Committee
July 16, 2024 – City Council
July 23, 2024 – Park & Recreation Commission
NOTICE REGARDING CHALLENGES TO DECISIONS
Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, this public hearing.
ADA COMPLIANCE STATEMENT
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk Janice Traverso at (209) 274-2412, ext. 102.
Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Agenda Item #H1
CITY OF IONE
FIRE DEPARTMENT
May 2024
Status Report
Type of Incident Number of calls
Emergency Medical 65
Vehicle Accidents 5
Landing Zones 2
Snake Removal 5
Public Assist 2
Station Cover assignment 40
Mutual Aid fires 2
Lift Assist 26
Lockout – Vehicle 1
Tree Down 1
Police Assistance 2
Misc Fires 4
Control Burn 1
Electrical Hazard 1
Smoke alarm activation 2
CO Alarm activation 1
Fire Loss in the city: $ 0 Total number of Incident responses: 160 Agenda Item #H2
DATE: JUNE 18, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JOHN ALFRED, CHIEF OF POLICE
SUBJECT: RECEIVE AND FILE POLICE DEPARTMENT 2024 MAY REPORT RECOMMENDED ACTION:
Receive and file Ione Police Department 2024 May report.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
BACKGROUND:
This monthly report is for May 2024. It is designed to give you an understanding of the day-today operations of the Ione Police Department and staff in May 2024.
ATTACHMENTS:
Summary – 2024 May Report
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Agenda Item #H3
DATE: JUNE 18, 2024
TO: GEORGE LEE, CITY MANAGER
FROM: JODI STENECK, FINANCE MANAGER
SUBJECT: MAY 2024 FINANCE/ADMINISTRATIVE REPORT
To provide information regarding the activities of the Administration Department for the month of May 2024
Agendas & Meetings:
• Prepared and/or attended:
o Two City Council meeting, one Parks and Recreation Commission meeting, one Finance Committee, and one Budget workshop meetings.
Human Resources:
• Account Clerk interviews
• Onboarding of two new employees
• Training two new employees
• Final Check and posting to CalPERS for Building Official • Posted job announcements for Maintenance Worker I, Building Official and Public Works Superintendent
Finance – 2024-25 Budget
• 2024-25 Draft Budget revenue and expenses completed
• 2024-25 Draft Personnel with Salary Schedules completed • 2023-24 Approved Budget Amendments inputted into Caselle Finance - Accounts Payable:
• Seventy (70) warrants for a total of $340,472.79
Reports:
• Completed Vehicle Program renewal schedule
• SB 1 Road Maintenance Grant – staff report and resolution completed Grant Administrator:
Completed annual letter and proof of residence form for Homeowners Agenda Item #H4
DATE: JUNE 18, 2024
TO: GEORGE LEE, CITY MANAGER
FROM: JORDAN DOERKSEN, ADMINISTRATIVE ASSISTANT
SUBJECT: MAY 2024 BUILDING DEPARTMENT REPORT
To provide information regarding the activities of the Building Department for the month of May 2024.
Permits Issued:
• Garage/Carport: 0 $ -
• HVAC: 0 $ -
• Meter Panel: 0 $ -
• Misc. Building: 0 $ -
• Misc. Electrical: 0 $ -
• Misc. Plumbing: 0 $ -
• Patio Cover: 3 $1,160.37
• Repair: 0 $316.85
• Reroof 6 $1,777.79
• New SFD: 0 $ -
• Sign: 0 $ -
• Solar: 3 $1,899.47
• Tenant Improvement: 1 $ -
• Water Heater: 2 $442.00
___________________________________________________________ TOTAL $5,596.48
Inspections Completed:
• Code Enforcement: 0
• Consultation: 2
• Drywall: 3
• Electrical: 0
• Electrical Panel: 8
• Final Inspections: 7
• Footings: 7
• Framing: 5
• Garage/Carport: 0
• Gas Line/Yellow Tag: 0
• HVAC Final: 0
• Insulation: 4
• Lath: 3
• Mechanical: 0
• Patio Cover: 0
• Pool/Spa: 2
• Re-Roof: 6
• Sewer Lateral: 0
• Shear Nailing: 0
• Solar P/V Final: 0
• Structural Slab: 0
• Water Heater: 0
• Water Lateral: 0
______________________________________
TOTAL 47
Agenda Item #H5
MONTHLY
OPERATIONS
REPORT
for the: City of Ione
Castle Oaks and the Wastewater Treatment
Facilities
Wastewater Services
May 2024
Agenda Item #H5
RE: MAY 2024 MONTHLY OPERATIONS REPORT
Dear Mr. Lee:
WaterStone Services is pleased to present our monthly operations report detailing our operations and maintenance activities at your wastewater treatment facilities during the previous month. Our report addresses the following key areas of concern:
1. Monthly Operations Summary
2. Plant Compliance
3. Plant Process and Performances
4. Collection System
5. Items for Client Approval
6. Process Chemicals
7. Solids Disposal
8. Safety
Should you have any questions or concerns regarding this report or any aspect of our operation, please don’t hesitate to contact me.
Thank you for your time,
Sincerely,
Kathy Stone- Operations Manager
Justin Granados- Facility Manager
Agenda Item #H5
1.0 MONTHLY OPERATIONS SUMMARY
• COMPLETED ALL MONTHLY REPORTS
• SUBMITTED DMR REPORT TO WATER BOARDS- NO VIOLATIONS WERE NOTED • ALL PERMIT MONTHLY SAMPLES COMPLETED
• ALL CALIBRATION OF METERS, PROBES AND QA/QC COMPLETED • RESPONDED TO CALL-OUTS AND ALARMS
• WORK IN PROGRESS ON SOP’S FOR THE FACILITIES
• HELD STAFF MEETINGS WEEKLY TO DISCUSS FACILITY OPERATIONS/ISSUES AND
UPCOMING PROJECTS
• CHECKED AND INSPECTED LIFT STATIONS DAILY
• CHANGED OIL IN THE AERATORS
• GREASED AERATORS
• INSPECTED EYEWASH STATIONS AND EMERGENCY SHOWERS
• ALL FIRE EXTINGUISHERS CERTIFIED BY FIRE DEPARTMENT
• EXERCISED EMERGENCY GENERATOR ON 5/14
• COMPLETED FACILITY INSPECTION
• COMPLETED PRETREATMENT PROGRAM WITH HELP OF IONE PERMITTING DEPARTMENT • COMPLETED INSPECTIONS ON COLLECTION SYSTEM HOT SPOTS/CLEANING • HUNG SAFETY LIFE RAFT RINGS AT POND PLANT
• PERFORMED GRAB SAMPLES TO MONITOR WATER QUALITY AT TERTIARY PLANT. • MONITORED WATER FLOWS AND PRESSURES AT TERTIARY PLANT • CONDUCTED TRAFFIC SAFETY TRAINING WITH WASTEWATER AND MAINTENANCE CREW. • BEGAN RECEIVING ARSA WATER, AND DISCHARGING TO THE GOLF COURSE • DRAINED AND CLEANED CHLORINE CONTACT TANK.
• SPRAYED HERBICIDE ON DUCKWEED AND MANUALLY SKIMMED THE PONDS IN AN ON GOING EFFORT TO REMOVE THE DUCK WEED.
• DISPOSED OF DEAD ANIMALS THAT FELL INTO PONDS.
• LANDSCAPED BERMS AROUND ALL POND BANKS AND SPRAYED WEEDS. • MARKED MONTHLY USA’S THROUGHOUT TOWN.
• TURNED SAND FILTERS ON AND CLEARED STAGNANT WATER AND SAND FROM PUMP IN PREPARATION FOR IRRIGATION SEASON.
• WORKED ON IWORKS IMPLEMENTATION
• REPLACED CHLORINE LINE LEAKS ON BROKEN/ABANDONED CHLORINE INFRASTRUCTURE • CLEANED OUT AND SPRAYED DOWN SLUDGE DRYING BED. LOADED SLUDGE INTO DUMPSTER AND HAULED AWAY.
• REMOVED DEBRIS/RAGS FROM AERATORS AS NEEDED
• COMPLETED FOUR SAFETY TRAININGS AMONG STAFF
\
Agenda Item #H5
2.0 PERMIT COMPLIANCE
Central Valley Regional Water Quality Control Board provides a Permit for the Operation of the WWTP Systems. All regulatory water quality monitoring requirements were met. The WWTP Facilities achieved compliance with weekly parameters, as documented in TABLE 1.1 below. * Pond level too low to safely sample
TABLE 1.1 – PERMIT COMPLIANCE
POND PARAMETER PERMIT LIMIT FREQUENCY AVERAGE MONTHLY HIGH MONTHLY LOW 1 Dissolved Oxygen >1.0 X 3 Weekly 2.3 2.4 2.2
2 Dissolved Oxygen >1.0 X 3 Weekly 4.1 4.3 4.0
3 Dissolved Oxygen >1.0 X 3 Weekly 4.2 4.4 4.0
4 Dissolved Oxygen >1.0 X 3 Weekly 2.5 2.8 2.3
5 Dissolved Oxygen >1.0 X 3 Weekly * * *
6 Dissolved Oxygen >1.0 X 3 Weekly * * *
7 Dissolved Oxygen >1.0 X 3 Weekly * * *
POND PARAMETER PERMIT LIMIT FREQUENCY
1 pH 6.0-9.0 Weekly 7.1 7.2 7.0
2 pH 6.0-9.0 Weekly 7.0 7.5 6.3
3 pH 6.0-9.0 Weekly 7.0 7.8 6.2
4 pH 6.0-9.0 Weekly 6.3 6.7 6.1
5 pH 6.0-9.0 Weekly * * *
6 pH 6.0-9.0 Weekly * * *
7 pH 6.0-9.0 Weekly * * *
POND PARAMETER PERMIT LIMIT FREQUENCY AVERAGE MONTHLY HIGH MONTHLY LOW 1 Freeboard 2.0 Weekly 2.0 2.0 2.0
2 Freeboard 2.0 Weekly 2.0 2.0 2.0
3 Freeboard 2.0 Weekly 2.0 2.0 2.0
4 Freeboard 2.0 Weekly 2.0 2.0 2.0
5 Freeboard 2.0 Weekly 5.0 5.5 4.5
6 Freeboard 2.0 Weekly 9.75 10.0 9.5
7 Freeboard 2.0 Weekly 7.25 7.0 7.5
POND PARAMETER PERMIT LIMIT FREQUENCY AVERAGE MONTHLY HIGH MONTHLY LOW 1 Berm Condition Visual Weekly OK OK OK
2 Berm Condition Visual Weekly OK OK OK
3 Berm Condition Visual Weekly OK OK OK
4 Berm Condition Visual Weekly OK OK OK
5 Berm Condition Visual Weekly OK OK OK
6 Berm Condition Visual Weekly OK OK OK
7 Berm Condition Visual Weekly OK OK OK
POND PARAMETER PERMIT LIMIT FREQUENCY AVERAGE MONTHLY HIGH MONTHLY LOW 1 Seepage/Odor Visual Weekly OK OK OK
2 Seepage/Odor Visual Weekly OK OK OK
3 Seepage/Odor Visual Weekly OK OK OK
4 Seepage/Odor Visual Weekly OK OK OK
5 Seepage/Odor Visual Weekly OK OK OK
6 Seepage/Odor Visual Weekly OK OK OK
7 Seepage/Odor Visual Weekly OK OK OK
Agenda Item #H5
INFLUENT FLOW – Wastewater Treatment Pond Plant
The total Influent flow of 25.906 MGD of wastewater has been recorded for the month of May.
The average daily influent flow for May was 0.864 MGD. A maximum daily flow of 1.275 MGD was recorded on May 7th. A minimum daily flow of 0.442 MGD on May 30th. .
Graph 2 below trends the Influent flow for the month.
3.0 PLANT PROCESSES AND PERFORMANCE
Solids – Tertiary Treatment Plant
Drained chlorine contact tank and cleaned, solids sent to drying beds Plant Loads
The plant loading consists of domestic wastewater.
Influent Headworks
Station is inspected daily. Filter screen cleaned as needed.
Aeration: All aerators running
Farmer’s Irrigation - N/A FOR MAY
0.000
0.200
0.400
0.600
0.800
1.000
1.200
1.400
INFLUENT FLOW
Influent Flow
Agenda Item #H5
4.0 Collection System
DESCRIPTION- WORK SUMMARY
ALL MANHOLE’S LISTED IN OUR HOT SPOT LIST WERE MONITORED IN THE MONTH OF MAY
TOTAL LENGTH CLEANED 1,000’
5.0 ITEMS REQUIRING CLIENT APPROVAL
ITEM CRITICALITY STATUS COMPLETION DATE
INFLUENT CL 2 METERS MEDIUM N/A N/A
6 TURBIDITY METERS HIGH N/A N/A
4 CHEMICAL FEED PUMPS MEDIUM N/A N/A
6.0 PROCESS CHEMICALS
The process chemical inventory (chlorine, polymer) are the bulk of chemicals used at the plant. All chemicals used are being tracked on a daily basis.
7.0 SOLIDS DISPOSAL
Sludge is separated from water and deposited in the solids sludge drying bed. When enough is collected it will be analyzed and sent to the disposal site.
8.0 SAFETY
Safety of the Waterstone Services staff, and the facility itself is a critical concern. Safety meetings topics for the month of March included: Electrical safety handout , First aid training, and Chemical exposure procedures handout. We are pleased to report that there were no workplace accidents or injuries in the past month
Agenda Item #I1
CITY OF IONE COUNCIL MEETING MINUTES
May 7, 2024
Mayor LaFayne called meeting to order at 6:00 PM
A. ROLL CALL:
Present: Alison LaFayne, Mayor
Diane Wratten, Vice Mayor
Dominic Atlan, Councilmember
Jack Mitchell, Councilmember
Stacy Rhoades, Councilmember
Staff: George Lee, City Manager
Andy Pinasco, City Attorney
Janice Traverso, City Clerk
B. CLOSED SESSION: None
C. MAYOR LAFAYNE LED THE PLEDGE OF ALLEGIANCE
D. APPROVAL OF AGENDA:
Moved by Councilmember Rhoades, seconded by Councilmember Mitchell and carried to approve the agenda.
AYES: LaFayne, Wratten, Atlan, Mitchell, Rhoades
NOES: None
ABSENT: None
ABSTAIN: None
E. PRESENTATIONS/ANNOUNCEMENTS: None
F. PUBLIC COMMENT:
Lee Lockhart – Two things:
• Noticed new stakes that have been installed at Howard Park from Wildflower down to the end of the Elementary School – would like to know what the stakes are for and who is paying for them. Jonathan Mitchell, City Engineer commented that Wildflower is looking for more than one drainage option for their subdivision and the stakes are only conceptual at this time and not final. • Attended the Mother Lode Youth Soccer League meeting last night and it was mentioned that the City may be raising our fees. There are a lot of water leaks at the Park, the sprinkler system is subpar—everything is broken. and water trucks are filling up off the hydrants, which may add to rising costs. • Gary Thomas, Director, District 2 Amador Water Agency announced that he will not be seeking another term.
• George Crawford resident of Wildflower Subdivision - three lights on the north side of Foothill Blvd. are no longer working.
G. INFORMATION ITEMS: Information items – no action taken.
Agenda Item #I1
1. 2023-2024 Third Quarter Budget compared to Actual Detail Report
2. 2023-2024 Third Quarter Budget to Actual Summary Report
3. 2024-2025 Budget Meeting Schedule
H. CONSENT CALENDAR:
Moved by Vice Mayor Wratten, seconded by Councilmember Atlan and carried to approve Item #2 – Warrants – May 7, 2024
AYES: LaFayne, Wratten, Atlan, Mitchell, Rhoades
NOES: None
ABSENT: None
ABSTAIN: None
Mayor LaFayne asked that the minutes of April 2, 2024 be pulled for discussion.
Both Councilmember Atlan and Vice Mayor Wratten believe that Item #3 on the Consent Calendar, “Adoption of Resolution 2024-** Approving Task Orders with West Yost – that two of the tasks were approved at that meeting. The April 2, 2024 minutes will be brought back for approval at the next meeting.
DISCUSSION ITEMS:
For the record: Action minutes provide the necessary documentation of City Council action. For those desiring to hear the full discussions on each item, they can request a copy of the recording of the meeting. These recordings provide an accurate and comprehensive backup of City Council deliberations and citizen discussions.
I. REGULAR AGENDA:
1. City Engineer, Jonathan Mitchell:
a. Update on Estimate for 17 E. Main Street Building – I was asked to look at the structure and did some engineering reviews what would the cost be to bring the facility up to code to make it habitable by the Police Department. I estimate the cost to be in the range of $500,000 to $600,000.
b. Update on Sewer Rate Study – This rate study does not capture capital connection costs, which is separate from the rate fee. The City is actively performing a study to assure that the monthly cost the residents are paying is the right to capture the cost of the City to actually process that waste according to State standards. We have a firm under contract doing the Nexus Study—this is cost of the work being performed and this is the fee being paid—are the two matching.
c. Update on Foothill Blvd. – Wildflower Subdivision – A portion of Foothill Blvd. is not quite complete. We have been in communication with the developer and made a list of items that need to be completed. Storm water drains need to be cleaned out so we can be assured that next year during the rain that they work properly. Chief Alfred commented that the City Engineer will do the survey on Foothill Blvd. and make sure it is all within the legal limits and then prepare a no parking ordinance and bring it back to Council.
Agenda Item #I1
2. Adoption of Resolution No. 2024-12 Authorizing a Budget Amendment to the Fiscal Year 2023-2024 Operating Budget – Jodi Steneck, Finance Manager is recommending the following amendments to the Fiscal Year 2023-2024 Operating Budget:
• Increase General Fund by $264,519
• Increase Gas Tax Fund by $249,840
• Decrease WWTP O&M Fund by $332,150
• Increase Sewer CIP Fund by $226,000
• Increase the Tertiary Fund by $236,199
• Decrease the Swimming Pool Fund by $23,000
• Increase the Beautification Fund by $8,000
Moved by Councilmember Atlan, seconded by Councilmember Rhoades and carried to adopt Resolution No. 2024-12 authorizing a Budget Amendment to the Fiscal Year 2023-2024 Operating Budget.
AYES: LaFayne, Wratten, Atlan, Mitchell, Rhoades
NOES: None
ABSENT: None
ABSTAIN: None
3. 2024-2025 Community Facilities District (CFD) Background regarding Annual Increase for CFD by Finance Department:
CFD yearly increase per documentation – Measured as the Consumer Price Index (CPI) increase between December of each year.
[2] (CFD No. 2005-2 & CFD No. 2009-3: Maximum Special Tax for services shall be increased based on the percentage change in the Consumer Price Index (CPI), with a maximum annual increase of four percent (4%) and a minimum annual increase of two percent (2%) per fiscal year.
[3] CFD No. 2006-1: Maximum Special Tax for services shall be increased based on the percentage change in the Consumer Price Index (CPI), but not exceeding an annual increase of 4% per fiscal year.
Recommendation of the CFD Committee:
Option #1 – No special tax rate increase for 2024-25, use rate frozen since 2020- 21 for all CFD’s.
Recommendation of staff:
Option #2 – Special Tax rate increase by a percentage using the Consumer Price Index 4% for all CFD’s.
Option #3 – Increase all CFD’s excluding 2005-2 (1A #2 & #3) and CFD No. 2009-3.
Option #4 – Special Tax rate increase by a percentage using the minimum annual increase of (2%) for all CFD’s.
Agenda Item #I1
After discussion by Council and public on the different options, it was moved by Councilmember Wratten, seconded by Mayor LaFayne to approve Option #4 Special Tax rate increase by a percentage using the minimum annual increase of (2%) for all CFD’s. Did not pass.
AYES: LaFayne, Wratten
NOES: Atlan, Mitchell, Rhoades
ABSENT: None
ABSTAIN: None
It was moved by Councilmember Atlan, Councilmember Rhoades and carried to approve Option #3-Increase all CFD’s excluding 2005-2 (1A #2 and #3) and CFD No. 2009-3
AYES: Atlan, Mitchell, Rhoades
NOES: LaFayne, Wratten
ABSENT: None
ABSTAIN: None
City Attorney, Andy Pinasco reminded the Council that this item will come back to the Council, but they will have a full work up and this will be done in accordance with the Mello Roos Law.
4. Discussion of creating a City-wide Community Facilities District (CFD) for Police and Fire Services – Finance Manager, Jodi Steneck commented that this is Councilmember’s direction-action, not staff necessarily but want to know if this is something the City Council is interested in. Jodi Steneck then explained the 7-step process that is required in order to form a viable Community Facilities District.
If staff is direction pursue a city-wide CFD then the initial cost to the City’s General Fund would be an estimated range of $20,000 to $40,000 for consultant and staff time.
Andrea Bonham commented the following:
• It would require a 2/3 vote of the parcel owners
• Currently the City has 2,444 who would be voting, 830 parcels currently pay a CFD and in order to get your 2/3 vote, you would need another 800 votes that currently pay 0 to agree to a tax on their property in perpetuity. • This is not a ballot vote, but a mail vote sent to actual homeowners, which can be done at any time.
• Need to determine, what percentage of the Police and Fire you want to cover, how we are going to handle the Lighting and Landscaping. .
Vice Mayor Wratten commented the following:
• The CFD Standing Committee look into a citywide CFD
• What can be done to get the current CFD’s in parity
• Look at the new builds and look at extrapolating out the new builds Agenda Item #I1
Andy Aguilera and Larry Rhoades spoke in opposition to taxing residents that have paid their taxes for the last 35 years or more and everyone who moved here and bought a new house was disclosed the taxes they would pay.
Andy Pinasco, clarified that when you are doing these CFD and looking at a citywide you are not going to be able to charge for the existing services. It would be for new developments.
George Phata, people who have been living in this town for 35 years have already paid their shared. If you buy a new home, it is your obligation to pay for Fire and Police.
No action was taken, but direction given to staff to work with the CFD Committee to explore options for financing of the Police and Fire Departments.
5. Discussion of Waterstone, LLC Contract – Kathy Stone, Waterstone Services explained the current contract expires June 26, 2024 with the option of additional three years. They are very pleased with the operation at the plant and moving forward with providing a quote to the City and what we plan on doing to save the City money. This item will be brought back at a future meeting.
J. REPORTS AND COMMUNICATIONS FROM CITY ATTORNEY: None
K. REPORTS AND COMMUNICATIONS FROM CITY MANAGER:
• The Train Depot Park is moving forward including the restrooms • The draft user agreement has been forwarded to Park & Recreation Commission
• City Engineer has volunteered his time to the benches for the Shearer Family and Owen Family
• Starting negotiations with the Ione Police Officers Association • Propane Ordinance on future agenda
• Thanked staff for their hard work
L. COUNCIL COMMENTS/COMMITTEE REPORTS/FUTURE AGENDA
ITEMS:
Councilmember Atlan Park & Recreation Meeting:
• Need more shade structures at Perry Earl Park
• Pool Opening – June 8, 2024 – 13 staff members hired
• Movie Night – May 3, 2024 at Picnic Hill
• Howard Park Fees increased and will be brought to Council Future Agendas:
• Purchasing Policy
Agenda Item #I1
Vice Mayor Wratten: Future Agenda
• Like a list of current contracts for future meeting
Councilmember Rhoades: Future Agenda
• Castle Oaks Financials
Councilmember Mitchell: Future Agenda
• Surplus properties owned by the Cities
• Homecoming – May 10-12, 2024
Mayor LaFayne:
• Homecoming Rodeo on Saturday, May 11, 2024
K. ADJOURNMENT:
Moved by Councilmember Mitchell, seconded by Vice Mayor Wratten to adjourn at 7:30 p.m.
Respectfully submitted,
Janice Traverso
City Clerk
Agenda Item #I2
DATE: JUNE 18, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JODI STENECK, FINANCE MANAGER
SUBJECT: JUNE 18, 2024 WARRANTS
RECOMMENDED ACTION:
Staff recommends that the council review and approve the attached warrant list.
FISCAL IMPACT:
$190,942.59
ATTACHMENTS:
A. Warrant list dated 6-18-2024
Attachment #I2A
Agenda Item #J1
DATE: JUNE 18, 2024
TO: CITY COUNCIL
FROM: SUSAN M. PETERS, CITY PLANNER
SUBJECT: AMADOR COUNTY REGIONAL TRANSPORTATION PLAN 2024
UPDATE & MITIGATED NEGATIVE DECLARATION
RECOMMENDATION
Review the Amador County Regional Transportation Plan 2024 Update and associated Mitigated Negative Declaration and provide comments to staff.
BACKGROUND
As the Regional Transportation Planning Agency (RTPA) for the Amador County region, the Amador County Transportation Commission (ACTC) is responsible for maintaining and implementing a Regional Transportation Plan (RTP). The ACTC is required by state law to prepare a RTP to identify a 20-year vision for transportation priorities and investments. The RTP establishes regional goas, identifies present and future needs, deficiencies, and constraints, analyzes potential solutions, estimates available funding and proposes investments.
The RTP is to be updated and submitted to the California Transportation Commission (CTC) and Caltrans every five years. In order to better align with the California Department of Housing and Community Development’s 8-year Housing Element Cycle, The ACTC chose to adopt a 4-year schedule.
On May 3, 2024 the ACTC issued a Notice of Intent to adopt a Mitigated Negative Declaration (MND) for the Amador County Regional Transportation Plan 2024 Update. The original comment period on the MND was extended from June 1, 2024 to July 19, 2024.
DISCUSSION
The proposed RTP update is made up of a description of the RTP planning process, existing conditions, future conditions, alternatives, policies, actions and a financial plan. This update of the RTP shows a significant change in project planning and funding strategy. The focus of funding has shifted from projects that address congestion to projects that rehabilitate and repair existing infrastructure. This shift is a result of the ACTC board placing greater attention on the need to rehabilitate the County’s failing roadway infrastructure. The RTP improvement plan has been broken into three “Tiers” with the following descriptions:
2 • Tier I (fully funded) represents projects for which full funding is considered reasonably available based on the four (4) revenue projections.
• Tier II (unfunded) represents projects for which no funding is committed, but funding could be made available within 20-years, if additional sources of revenue are received/created.
• Tier III (SHOPP Candidate list) represents projects that are located on the State Highway System and are the responsibility of Caltrans. However, a ‘fair-share’ contribution could be set aside but cannot be reasonably expected within 20-years.
Tier I projects must ensure efficient funding and implementation, preserve the existing regional system, enhance safety and reduce congestion and improve mobility. Essentially, to be on the Tier I list, a project needs to be rehabilitation related and shovel ready (design and environmental completed). The City of Ione does not have any proposed projects on the Tier I list as none of the current road projects meet this criteria. Staff is currently working on an updated Capital Improvement Program that will take the Tier I criteria into consideration with the goal of including future projects for regional funding consideration.
Attached for City Council review and comment are the RTP and associated MND. The RTP Technical Appendices and Notice of Intent can be found on the City’s website at: www.ioneca.com.
The Planning Commission reviewed the RTP and MND at their June 11, 2024 meeting and requested that staff ask the ACTC to include more accurate population numbers for the City of Ione. The RTP assumes an overall population decrease for Amador County but the City of Ione continues to grow with several more housing units in the development process. This increased growth and the associated impacts should be addressed in the RTP and MND.
The objective of tonight’s meeting is to provide comments on the RTP and MND which will be sent to the ACTC by the July 19, 2024 Notice of Intent comment period close.
Agenda Item #J2
DATE: JUNE 18, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JODI STENECK, FINANCE MANAGER
SUBJECT: ADOPT RESOLUTION 2024-13 SENATE BILL 1 (SB1) ROAD MAINTENANCE PROJECT FOR FY 2024-2025
RECOMMENDED ACTION:
1. Provide input on street projects where SB-1 monies are to be used.
2. Take public comment and direct staff to make any changes, if necessary.
3. Adopt the attached resolution approving the streets to use SB-1 funds on and direct staff to proceed with submitting the 2024/2025 Road Maintenance and Rehabilitation Account (RMRA) project list to the state for approval.
FISCAL IMPACT:
The proposed project will be funded with SB-1 revenues. The SB-1 monies will be used specifically for repair/maintenance of the streets listed herein. In accordance with state’s regulations for SB-1 funding, cities must submit a list of streets that the monies will be spent on.
As the project bid documents are completed, further refinement of the overall project budget will be done and submitted to the Council for approval prior to proceeding.
BACKGROUND:
Senate Bill 1 (SB-1) was approved in 2017 by the Governor. This bill provides new revenues for road maintenance projects within the City. According to the State’s most recent projections, for Fiscal Year 2024-25, the City is projected to receive approximately $226,492 in revenues from SB-1. Regulations contained within SB-1 require that projects funded with SB-1 monies need to specifically provide a list of streets where the money will be spent as approved by the City Council. Once approved, paperwork must be submitted to the state for approval by July 1, 2024.
Local Streets and Roads Funding Eligibility Overview
Prior to receiving an apportionment of Road Maintenance and Rehabilitation Account (RMRA) funds from the California State Controller in a fiscal year, a city or county must submit to the Commission an adopted list of projects proposed to be funded with these funds by July 1 st
each
year. All projects proposed to receive the fiscal year funding must be adopted by resolution by the applicable city council or county board of supervisors at a regular public meeting each fiscal year [Streets and Highways Code (SHC) Section 2034(a)(1)].
Staff has presented the Council with a list of streets from the City’s Pavement Management Program (PMP) that was completed in 2015 that show streets that need treatment and/or maintenance. A copy of the list is attached to this staff report. This list was reviewed by the City’s engineering firm and did not have any comments or additions to the list.
The list of streets shown on the list includes streets that have a Pavement Condition Index (PCI) of less than 70. This includes street treatments that include slurry sealing and asphalt overlays.
Staff is asking for input from the Council on what streets should be included in a street rehabilitation project for 2024-25.
Input from both the Council and the public at this meeting will be included in the attached resolution. An executed copy of this resolution must be sent to the State to fulfill eligibility requirements per the regulations associated with SB-1 funding.
This year’s estimate for RMRA funds is $226,492. The Highway User Tax estimate for 2024-25 is $270,437 which combined with the RMRA funds gives the City’s a total estimate for gas tax funding for fiscal year 2024-2025 is $496,929.
Prior year revenues:
Fiscal Year RMRA HUTA Total
2018-19 $133,373 $164,834 $298,207
2019-20 $138,403 $183,186 $321,598
2020-21 $137,503 $180,599 $318,102
2021-22 $160,618 $184,384 $345,002
2022-23 $194,398 $232,257 $426,655
2023-24 $175,337 $246,981 $422,318
Two projects were completed using RMRA funds:
2017-18 and 2018-19 Micro-Surfacing of Sutter Lane from SR 104 to Shakely, cost $88,124.52 2018-19 and 2019-20 Pavement Rehabilitation project from City’s Pavement Management plan, cost $220,452.11
Projects that have been submitted in prior years that are being “carried over”. • W. Marlette Street between Sacramento and Dave Brubeck Road has been listed for four (4) separate fiscal years. The work description of the project states “Document preparation, preliminary design, scope development.
• Fairway drive, between Castle Oaks & Shakely (slurry); Foothill Blvd (slurry); Raymond Circle (slurry); Raymond Drive (slurry); Quail Court (slurry); Covey Court (slurry); E.
Jackson St. (S. Ione to S. Church) – 2” mill/fill; E. Market St. (S. Ione to S. Church) – 2” mill/fill” has been list four (4) years.
• Ashworth Dr., Avalon Dr., Bacon Rd., Brookview Ct., Castle View Dr., Clay St., Depot Rd., Edgebrook Dr., E. Jackson St., El Dorado St., E. Marlette St., Fairway Dr., Five Mile Dr., Foothill Blvd., Glenbrook Dr., Maple St., N. Arroyo Seco St., N. Ione St., N.
Summit St., Oak View Dr., Sacramento St., Shakeley Ln., S. Mill St., S. Summit St., Stoney Brook Ct., Welch Lane, Wilda Ct., W. Jackson St. were listed one (1) year.
The current Gas Tax fund balance is $1,300,239
ATTACHMENTS:
A. Resolution 2024-13
B. FY24-25 City of Ione Project List
RESOLUTION NO. 2024-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE,
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 (SB-1) WHEREAS, Senate Bill 1 (SB-1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB-1 included accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been competed each fiscal year; and WHEREAS, the City must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB-1, in the City budget, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $226,492 in RMRA funding in Fiscal Year 2024-25 from SB-1; and
WHEREAS, this is the seventh year in which the City is receiving SB-1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB-1; and
WHEREAS, the City has undergone a public process to ensure public input into our community’s pavement rehabilitation project list; and
WHEREAS, the City used the City’s Pavement Management Program to develop the SB1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the City’s priorities for transportation investment; and WHEREAS, the funding from SB-1 in FY 2024-25 will help the City maintain and rehabilitate a portion of West Marlette Street in FY 2024-25 and dozens of similar projects into the future; and
WHEREAS, the rehabilitation of a portion of West Marlette Street will include slurry sealing and/or milling the existing paving and placement of new pavement and other Complete Streets components (if needed); and
WHEREAS, it is anticipated that these improvements will provide a useful life of at least 20 years in areas where new pavement is placed and 7-10 years in areas where slurry sealing is placed; and
Attachment #J2A
WHEREAS, the project is anticipated to begin construction in late spring 2025 and be completed during summer 2025; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “at lower risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will help to bring our streets and roads into a “good” condition; and
WHEREAS, the SB-1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using new technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ione as follows:
1. The foregoing recitals are true and correct.
2. The Fiscal Year 2024-25 project planned to be funded with Road Maintenance and Rehabilitation Account revenues includes the section of West Marlette Street listed herein. Treatment to the street listed in this resolution is anticipated to extend the useful life of these streets for 20 years for streets receiving asphalt overlays and 7- 10 years for streets receiving slurry seal. The project is anticipated to be constructed in the 2024-25 Fiscal Year.
The foregoing resolution was duly introduced and adopted by the City Council of the City of Ione at their regular meeting held on June 18, 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________
Alison LaFayne, Mayor
Attest:
____________________
Janice Traverso, City Clerk
FISCAL YEAR 202-2 CITY OF IONE PROJECTS LIST
Street Name Limits of Street Section PCI Type of Treatment Needed
Area for
Treatment (SF)
Estimated Cost*
Ashworth Drive 220 Ashworth to Vista 64 Slurry Seal 3200 $ 2,496.00 Avalon Drive Fairway to end W/O Fairway 63 Slurry Seal 3680 $ 2,870.40 Bacon Road E. Marlette to Foothill 32 Asphalt Overlay or reconstruct
4940 $ 41,150.20
Brookview Court 68 Slurry Seal 13440 $ 10,483.20
Castle View Drive Sutter to end 26 Asphalt Overlay or
reconstruct
1300 $ 10,829.00
Clay Street N. Ione to N. Arroyo 68 Slurry Seal 5590 $ 4,360.20 Depot Road W. Marlette to end 13 Reconstruct Road 14170 $ 118,036.10 Edgebrook Drive Shakeley to Glenbrook 46 Asphalt Overlay 34920 $ 122,220.00 E. Jackson Street S. Church to S. Ione 57 Slurry Seal 5200 $ 4,056.00 El Dorado Street E. Main to 200' S/O E. Main 52 Slurry Seal 3600 $ 2,808.00 E. Marlette Street S. Arroyo Seco to Bacon 46 Asphalt Overlay 13020 $ 45,570.00 Fairway Drive Castle Oaks to N end of Oak View 45 Asphalt Overlay 45320 $ 158,620.00 Fairway Drive N end of Oak View to Lakeview 57 Slurry Seal 48180 $ 37,580.40 Fairway Drive Lakeview to Pinnacle 54 Slurry Seal 60500 $ 47,190.00 Fairway Drive Pinnacle to Shakeley 59 Slurry Seal 45540 $ 35,521.20 Five Mile Drive SR104 to 2500' S/O SR104 46 Asphalt Overlay 60000 $ 210,000.00 Foothill Blvd SR104 to SR104 63 Slurry Seal 30600 $ 23,868.00 Glenbrook Drive Brierwood to Fairway 33 Asphalt Overlay 9000 $ 31,500.00 Maple Street 150' N/O E. Main to end 36 Asphalt Overlay 2730 $ 9,555.00 N. Arroyo Seco Street E. Main to 154 N. Arroyo Seco 63 Slurry Seal 15900 $ 12,402.00 N. Arroyo Seco Street 154 N. Arroyo Seco to end 27 Asphalt Overlay 8400 $ 29,400.00 N. Ione Street E. Main to end 62 Slurry Seal 13800 $ 10,764.00 N. Summit Street 106 Summit to end 26 Asphalt Overlay 7700 $ 26,950.00 Oak View Drive Fairway to Fairway 63 Slurry Seal 40800 $ 31,824.00 Sacramento Street W. Marlette to 365' S/O Marlette 22 Asphalt Overlay 10220 $ 35,770.00 Shakeley Lane Sutter to 100' W/O Fairway 52 Slurry Seal 52800 $ 41,184.00 Attachment #J2B
S. Mill Street W. Marlette to 430' S/O W. Marlette 69 Slurry Seal 12470 $ 9,726.60 S. Summit Street E. Main to E. Marlette 68 Slurry Seal 7920 $ 6,177.60 Stoney Brook Court 28 Asphalt Overlay 5600 $ 19,600.00
Stoney Brook Drive W. Marlette to Spring Creek 23 Asphalt Overlay 34400 $ 120,400.00 Welch Lane Preston to end 21 Asphalt Overlay 8140 $ 28,490.00 Wilda Court 55 Slurry Seal 11400 $ 8,892.00
W. Jackson Street Sacramento to Buena Vista 58 Slurry Seal 4600 $ 3,588.00 W. Marlette Street Buena Vista to Sacramento 62 Slurry Seal 7200 $ 5,616.00 W. Marlette Street Violet to Manor 61 Slurry Seal 30250 $ 23,595.00 W. Marlette Street Manor to 1208' W/O Manor 58 Slurry Seal 32600 $ 25,428.00 W. Marlette Street 1208'W/O Marlette to WWTP 49 Asphalt Overlay 54040 $ 189,140.00 W. Marlette Street WWTP to Dave Brubeck 58 Slurry Seal 12480 $ 9,734.40 * Note - Costs are estimated only and not based on actual plans. Costs are subject to change once construction documents are completed.
Agenda Item #J3
DATE: JUNE 18, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JODI STENECK, FINANCE MANAGER
SUBJECT: ADOPT RESOLUTION NO. 2024-25 APPROVING THE FISCAL YEAR 2024-2025 OPERATING BUDGET AND THE ANNUAL
APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-25
RECOMMENDED ACTION:
• Adopt the attached resolution approving the Fiscal Year 2024-25 Operating Budget. • Adopt the attached resolution approving the annual appropriations limit for Fiscal Year 2024-25.
FISCAL IMPACT:
If approved, the 2024-25 Operating Budget would become the City of Ione’s official spending plan. The Operating Budget can be amended at any time by the City Council.
BACKGROUND:
In Accordance with the City of Ione Municipal Code Chapter 2.10.150 – Power and duties – Budgets: “It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for approval.
Staff met with the Finance Committee four times regarding the different components of the budget which included the salary schedule, personnel expenses by departments, revenue by funds and expenses by departments. One budget workshop was held which was open to the public to get City Council and public input and at the last City Council meeting, staff presented the draft 2024-25 Operating Budget.
DISCUSSION:
The 2024-25 Operating Budget has revenue exceeding expenses in the major funds, which includes the General Fund, Gas Tax Fund, WWTP, Tertiary Fund, and Measure M. The Lighting & Landscape District, CFD – Lighting and Landscape, CFD – Restricted Fire and Restricted Police, Swimming Pool, Recreation, and Arena all have expenses exceeding revenues.
The CFD Restricted Fire and Restricted Police have beginning fund balance that will allow for a positive year-end balance in the respective funds. The General Fund will zero-out the Swimming Pool, Recreation and Arena funds at fiscal year-end therefore the General Fund balance is projected to be $969,867.
There is not a city-wide cost of living increase factored into the budget. Currently, the Ione Police Officer’s Associations is in negotiations with the City.
The 2024-25 Capital Improvement Budget will be presented to the City Council at a later date.
ATTACHMENTS:
A. Resolution Adopting Fiscal Year 2024-25 Operating Budget B. Resolution Adopting the 2024-25 Appropriations Limits C. 2024-25 Operating Budget worksheets
Attachment #J3A
RESOLUTION NO. 2024-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE,
ADOPTING THE FISCAL YEAR 2024-25 OPERATING BUDGET
WHEREAS, in accordance with the City of Ione Municipal Code Chapter 2.10.150 - Power and duties – Budgets: “It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval.”; and
WHEREAS, staff developed the proposed Fiscal Year 2024-25 Operating Budget and presented said budget to the City Council in a publicly noticed meeting where it was reviewed and revised as directed; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ione:
Section 1: The budget document as presented and revised as directed is adopted as the operating budget of the City of Ione for Fiscal Year 2024-25 (attached hereto and incorporated herein by reference) and the amounts stated therein as proposed expenditures are hereby appropriated.
Section 2: Modification and amendments to the Fiscal Year 2024-25 City of Ione Budget shall be allowed in accordance with the Budget Level of Authority.
Section 3: All action pursuant to this resolution shall be carried out in the ordinary course of business consistent with the ordinances, resolution, and regulations of the City to the extent that they apply.
Section 4: This resolution is effective July 1, 2024.
The foregoing resolution was duly introduced and adopted by the City Council of the City of Ione at their regular meeting held on June 18, 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________
Alison LaFayne, Mayor
Attest:
____________________
Janice Traverso, City Clerk
Attachment #J3B
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE
ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-25
WHEREAS, Article XIIIB of the California Constitution (Proposition 4 as amended by Proposition 111) provides that the total annual appropriations subject to limitations of each governmental entity of government for the prior year adjust for changes in the cost of living or personal income and population, except as otherwise provided for in said Article XIIIB in implementing State statutes; and WHEREAS, pursuant to said Article XIIIB of said California Constitution, and section 7900 et seq. of the California Code, the City is required to set its appropriation limit for each fiscal year; and
WHEREAS, the Finance Department of the City of Ione has interpreted the technical provisions of said Proposition 4 computations, performed a review and calculated the City’s appropriations subject to limitation for FY 2024-25; and WHEREAS, based on such calculations in attachment “A” the Finance Department has determined the said appropriation limit and, pursuant to Section 7910 of said California Government Code, and has made available to the public the documentation used in determination of said appropriation limit (attachment “B”).
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ione that the appropriations limit for the fiscal year 2024-25 pursuant to Article XIII B of the California Constitution is established at $5,851,252.
The foregoing resolution was duly introduced and adopted by the City Council of the City of Ione at their regular meeting held on June 18, 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________
Alison LaFayne, Mayor
Attest:
____________________
Janice Traverso, City Clerk
Attachment #J3C
Agenda Item #J4
DATE: JUNE 18, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JOHN ALFRED, CHIEF OF POLICE
SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING PORTABLE
CAMERA TRAILER LEASE
RECOMMENDED ACTION:
Authorize the city manager to enter into am agreement with WCCTV to lease a camera trailer for one year.
FISCAL IMPACT:
The fiscal impact of this project is $1500 a month with a $750 delivery charge.
BACKGROUND:
The City of Ione has had an increase in vandalisms at Howard Park in the restrooms near the skate park. At the direction of the city manager we looked at proactive solutions to address the vandalism. We looked at the feasibility of a camera system in Howard Park but decided due to the lack of infrastructure this option would be too expensive and considerable money to maintain. We looked at the possibility of a mobile camera trailer with integrated wifi and power.
This option was the most cost effective and the unit can be moved through out the city and deployed as needed.
ATTACHMENTS:
A. WCCTV Proposal
1 Prepared for: Chief John Alfred
Date: Jun 09, 2024
Prepared by: Demond Crawley
851 International Parkway
Suite 140
Richardson, TX 75081
Cell: (469) 967-0517
Proposal for:
Ione Police Department
Private and Confidential
Attachment #J4A
2 Contents
1. Wireless CCTV – Experts in LTE Video Surveillance...................................... 3
2. Solutions and Systems Overview ................................................................... 4
3. Price............................................................................................................... 5
4. Headline SLAs (where applicable).................................................................. 6
5. WCCTV Heartbeat - Proactive Diagnostics .................................................... 9
6. Acceptance Form ......................................................................................... 10 3 1.Wireless CCTV – Experts in LTE Video Surveillance
Wireless CCTV LLC (WCCTV) is the market leader for wireless surveillance systems and is the first to have a video surveillance product available in US which is Verizon certified.
Every WCCTV product is truly portable and easy to install. Images can be viewed from a Central Command, or on the move from a laptop, iPhone, iPad, or Android device.
Why WCCTV?
Benefits of working with WCCTV include:
• 20 years’ experience in mobile video surveillance
• Products Designed for Job Site Security
• Full Turnkey Service
• Detect – Identify – Deter
• Project Management Feature
• Time Lapse Video Feature
All WCCTV units have the following standard features
• Verizon 4G Certified
• 4G LTE Capable
• Wi-Fi Capable
• Environmentally tested
• 110v or 12v Power Options (Shore Power or Solar)
• Edge Recording (up to 4Tbyte)
• Video Analytics*
• Heartbeat Diagnostics*
• Out of Hours Monitoring Service
• Daytime Video review for Project Management
4 2.Solutions and Systems Overview
WCCTV Surveillance Trailer Range:
Wireless CCTV has a Range of Surveillance Trailers purpose-built to complement the Mini Dome camera Range in scenarios where neither pole nor shore power are viable options.
The Following Options are available
Surveillance Trailer
Cameras
WCCTV IR MINI DOME
Recording
4 TBYTE HDD
Detection
Video Analytics
Blue Light Siren
Communication
4G LTE
LAN Wi-Fi
Smart Switch
Power
750-watt Solar / 800 AmpH
Infrastructure Required
Level Ground (7’ x 7’)
Services
Remote Monitoring
4G LTE Data-plans 50GB & 300GB
Heartbeat Diagnostics
Options
Additional Cameras (up to 3)
Secondary PTZ IR
Fixed IR
TL Camera
Thermal Camera
Services
Time Lapse Set Up
Monthly Time Lapse
One-Off Time Lapse Production
5 5
3.Price
Solution Fixed Cost Rental Term Unit Rate per
Month Qty Total Monthly Rate Total Fixed Costs
Solar Trailer -
3 PTZ+
Cameras
12 months $1,500.00 1 $1,500.00
Delivery per
unit $750.00 1 $750.00
Collection per
unit $750.00 1 $750.00
6 9
4.Headline SLAs (where applicable)
In the event of a conflict the following provisions will apply to the supply of the suggested solution in place of those specified in the conditions of business:
Site Installation
WCCTV Installation
Installation of the equipment will not take place until you have confirmed that all necessary and stated measures are in place on site such as site access and power. If we arrive on-site and the above measures are not met, we will still charge full installation costs. If the installation is canceled within 24 hours of the installation date, WCCTV will charge $650.00 and propose alternative installation dates.
Work to be provided by Client:
• Access to the site is to be provided on the day of installation. Confirmation of which to be provided before the site visit.
• Recharge of solar unit within 48 Hours of a low voltage alert from WCCTV support • Any other specific items as stated in this section and agreed during site walk.
Post Installation
Following installation, the customer accepts the testing phase and cycle for working order of the camera systems and monitoring alerts. These testing cycles are primarily finalized within 48 working hours of installation.
Please note – the following activities may impact this testing phase and delay the full commissioning of the camera unit.
• Staff on Site post working hours (established in the site security document). • Excessive environmental alerts (passing cars, flags, shadows, unsecured items) • Please also note – excessive alerts being received after commissioning can result in a discontinuation of alerts and alarms until the cause of the excessive alerts has been rectified. • Any movement of the cameras or solar trailer will also result in a new testing cycle and will delay alerts and alarms for the 48-hour commissioning period.
Decommissioning
Client to issue decommissioning request with 15 days’ notice period.
Heartbeat Diagnostics
WCCTV owns and operates an internal proactive IT and service reporting system called Heartbeat that constantly communicates with all WCCTV systems currently deployed back to our technical team.
It is a comprehensive health, status and operation checking application that automatically detects any issues with your system - allowing for swift corrective action to be taken. It detects the following:
• Connection Issues: We will report if the connection to your WCCTV system fails, or the system goes offline.
• Camera Failures: We can detect if a camera has developed a fault. • Hard Disk Failures: We can detect any hard disk failures or if the system stops recording. • Time & Date Inaccuracy: Reports when the time is incorrect or tampered with.
Service and Maintenance
WCCTV Service and Maintenance
WCCTV is responsible for onsite service and maintenance of equipment. • Critical Failure: site visit within 24 hours of fault diagnosis [Monday-Friday 8 am-6 pm] o WCCTV will notify the client of potential weekend system downtime for the client to:
a) Arrange an out-of-hours service visit with WCCTV at $350.00 b) Provide alternative security coverage
• Non-Critical Failure: site visit within 5 working days of fault diagnosis [Monday-Friday 8 am-6 pm] • Preventative Maintenance - WCCTV includes preventative service and maintenance visits with every managed service deployment.
Proposal for: Ione Police Department Page 7 of 19
• Call out/Re-Deployment - Any call out will be charged at $350 - only applicable if the issue is deemed to be client-related. i.e. Power failure, damage, etc., or a need to relocate the camera system.
Warranty - included in any purchase of WCCTV devices with an active service plan. A warranty is also included for the duration of any rental period. Excludes 3rd party damage and general wear and tear on cables, camera covers, and antennae.
Solar Recharge
WCCTV systems are powered autonomously via batteries and solar typically have 5-15 days of battery autonomy if persistent bad weather affects the solar recharge.
During winter months the system may enter low voltage at which point WCCTV will receive a low voltage alert (LVA) – At this point, the device will require a 24-hour recharge.
WCCTV Recharge
WCCTV will Visit the site and recharge the system as part of the original service plan.
Alert Notifications
WCCTV partners with Dallas-based, Promontory Insight (PMI). PMI will assist with the following activities and alerts:
• Verify all incoming alarms.
• Based on a suspicious or verified alarm WCCTV will always issue an audio warning to any intruder during the specified monitoring hours.
• All verified intrusions will be immediately reported to Law enforcement and nominated key holders/ or static or mobile guard to attend the site immediately if suspicious activity continues. • WCCTV monitoring will continue to manage the alarm until a site resolution has been reached either by instruction from the authorized Key Holder/ or Police.
• We can also arrange for an email and still image and footage to be sent on every alarm trigger (if required).
Technical Support
WCCTV tech support performs several roles. We have 8500 active SIM • Performance issues of the sim/network
• Bandwidth restrictions over the network
• Scheduled maintenance on the 3G/4G cell site
• Position of cell site in relation to the site
Technical support is FOC for the life of the equipment during the rental contract. The tech support team is contactable from 8 am – 6 pm ECT on 877 805 9475 (option 2) or [email protected].
Customer Viewing Credentials
On completion of installation, WCCTV will create a username and password for the end user to have live video access to the cameras during site operation hours. WCCTV will provide Written Guides and Video Tutorials as well as dedicated remote training sessions.
Footage Retrieval service
For Incidents that take place during site operational hours, WCCTV will provide a footage retrieval service To qualify, a footage retrieval request must:
- Come from a WCCTV End User or WCCTV VAR
- Must have an active WCCTV Service Package or
- Be within a Managed Service Rental Agreement
The incident requested must:
- Have taken place within the field of view of the camera - Have taken place within the last 10 days
- Must be within a 24-hour time frame
- Must have a completed Footage Retrieval Form
If the above criteria are met, WCCTV will endeavor to find the highlighted incident and upload it to a shared folder for the client’s review.
Proposal for: Ione Police Department Page 8 of 19
SLA’s:
- WCCTV will provide best endeavors to retrieve the incident within 48 working office hours of the completed request
- WCCTV will allocate 1 hour to reviewing footage – additional time can be purchased upon request via video upload
- WCCTV will upload maximum 1 hour of footage for review – additional hours can be purchased at $20.00 per hour
- Once uploaded the shared file will be held for 5 days before being deleted (this does not affect the item within the parameters of your edge storage)
- Download of footage may result in increased data usage resulting in overage charges for overuse of monthly data allocation.
Time Lapse Video
Time Lapse Video can be applied to ANY WCCTV Device at the beginning or during a project. WCCTV will provide a range of Time-lapse video productions based on the client’s needs.
Data Package
Each WCCTV device has a monthly data plan of 50GB per month (approx. 60 hrs of live connectivity). This is more than adequate for the following use cases:
• Remote video security via triggered alerts
• Client led Project management daytime viewing (average 30 mins per day) • Time Lapse Video retrieval from 1 camera
In rare cases additional data is used – WCCTV charges $30 for every 5GB over the 50GB per month. 300GB upgrade plans are available on request.
WCCTV will also provide daily and weekly data usage updates for any devices that show higher than normal use.
Proposal for: Ione Police Department Page 9 of 19
5.WCCTV Heartbeat - Proactive Diagnostics
What does WCCTV Heartbeat detect?
Connection Issues: We will report if the connection to your WCCTV system fails, or the system goes offline Camera Failures: We can detect if a camera has developed a fault or has been tampered with.
Hard Disk Failures: We can detect any hard disk failures or if the system stops recording.
Recording Issues: Reports if the system records for less time than expected.
Time & Date Inaccuracy: Reports when the time is incorrect or tampered with Proposal for: Ione Police Department Page 10 of 19
6.Acceptance Form
Wireless CCTV Acceptance Form
To: Wireless CCTV LLC, 851 International Parkway Suite 140, Richardson, TX 75081 The Customer:
Agrees and accepts the terms of the Proposal from Wireless CCTV LLC and dated 06-09-2024 Signature (Customer Representative)
Print (Customer Representative)
Position
Date
11 9
Conditions of Business
Part 1: General
1 Interpretation
1.1 In these Conditions of Business the following terms have the following meanings unless the context otherwise requires:
‘Contract’ the contract between you and us for provision of goods and/or services in accordance with the Proposal and incorporating the parts of these Conditions applicable to or identified in the Proposal;
‘Customer’, ‘you’ and ‘your’ the person, firm, company or organization to whom the Proposal is addressed; ‘Equipment’ the Standard Packages and the Ancillary Items specified in the Proposal which are provided to or rented or purchased by you;
‘Insolvency Event’ each and any of the following in relation to a party to the Contract:
(a) any action (corporate or otherwise), legal proceedings or other procedure is taken by any person in any jurisdiction in relation to or with a view to (i) the winding up, dissolution, administration or reorganization (by way of voluntary arrangement, scheme of arrangement or otherwise) of a party or otherwise seeks protection under the Bankruptcy Code or similar statute; (ii) the appointment of a liquidator, trustee in bankruptcy, receiver, administrator, nominee, supervisor or similar administrative functionary in respect of a party or any of its assets and that procedure is not terminated or discharged within 30 days; (iii) the enforcement of any security interest in any material assets of a party and that procedure is not terminated or discharged within 30 days; or (iv) the attachment, sequestration or execution over or affecting any material assets of a party and that procedure is not terminated or discharged within 30 days,
(b) the party is unable to pay its debts as they fall due or is insolvent, or (c) the party becomes insolvent, make any assignment for the benefit of creditors, goes into liquidation or has a receiver or trustee appointed for the benefit of creditors, whether voluntary or otherwise;
‘Normal working hours’ between 9.00 a.m. and 5.00 p.m. each day except for Saturdays, Sundays and public holidays;
‘Proposal’ a proposal given by us and accepted by you for supply of the suggested solution identified in the Proposal; and
‘WCCTV’, ‘we’, ‘us’ and ‘our’ Wireless CCTV LLC, located at 851 International Pkwy, Ste 140, Richardson, TX, 75081
1.2 References to ‘writing’ or ‘written’ include references to any communication effected by post, facsimile or e-mail.
1.3 If there is a conflict between any of the terms contained in the Proposal and these Conditions of Business the terms in the Proposal shall prevail.
1.4 Headings in the Contract are for convenience only and shall not affect its interpretation. 2 Conditions
2.1 Subject to any variation made in accordance with Condition 2.3 the terms contained in a Contract are the only terms upon which we are prepared to provide goods or services to you to the exclusion of any purchase order or any other pre-printed forms or instructions issued by you to us.
2.2 Proposals are valid for 30 days only.
2.3 No variation to the Contract shall be effective unless such changes are agreed in writing and signed by one of our directors. OUR AGREEMENT HEREUNDER IS LIMITED TO THE EXPRESS TERMS OF THIS CONTRACT (these Terms and any Proposal accepted by you, as modified) AND DOES NOT INCLUDE ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY YOU OR ANY ATTEMPT BY YOU TO VARY THE TERMS OF THIS CONTRACT OR ANY PROPOSAL HEREUNDER.
2.4 3 Termination
3.1 Without prejudice to any rights
(a) fail to make any payment on the due date;
(b) are in material breach of the Contract and such breach is incapable of remedy; (c) are in material breach of the Contract and you fail to remedy such breach within thirty days after written notice from us specifying the breach and requiring it to be remedied; or
(d) are subject to or suffer an Insolvency Event.
3.2 You may by written notice terminate the Contract if we:
(a) are in material breach of the Contract and such breach is incapable of remedy; or (b) are in material breach of the Contract and we fail to remedy such breach within thirty days after written notice from you specifying the breach and requiring it to be remedied; or
(c) are subject to or suffer an Insolvency Event.
Proposal for: Ione Police Department Page 12 of 19
3.3 If the Contract is terminated then, without prejudice to any other right or remedy available to us, we shall be entitled to suspend any further deliveries or the performance of services under the Contract (including the Monitoring Service, the Installation Service or the Maintenance Service or the Data Plan) without affecting your liability to pay any and all sums due to us in accordance with the Contract. 4 Force Majeure
4.1 We will not be liable to you for any failure or delay by us or for the consequences of any failure or delay in performance of the Contract if it is due to any event beyond our reasonable control including acts of God, war, labor strikes or industrial disputes, protests, fire, flood, storm, tempest, epidemic, explosion, an act of terrorism, acts of or authorized by government, inability to obtain materials or components and national emergencies or any supervening illegality. 5 Payment
5.1 You must pay each of our invoices in full within 15 days of the date of the invoice.
5.2 Any sums owing to you by us cannot be set off, reduced or compromised in any manner or amount against any of our invoices to you.
5.3 If any sum payable under the Contract is not paid when due (a) charge interest and collection costs of $5.00 or 1.5% of outstanding balance per month, whichever is greater. In no event shall any late payment fee exceed the highest lawful rate;
(b) recover reasonable expenses and costs (including legal fees); (c) suspend deliveries of Rented Equipment or the provision of the Data Plan, the Monitoring Service, Installation Service, Maintenance Service or any other products or services we are providing or requested to provide at the time until the payment has been made in full.
5.4 All sums owing by you to us under the Contract are subject to government taxes or duties as applicable.
5.5 Invoice queries must be raised within 15 days of the date of the invoice, otherwise it will be deemed correct and any and all objections to the charges are waived.
5.6 If you fail to pay when due any amount on any invoice issued hereunder for Equipment or Services under a Contract (an “Order”), fail to pay when due any amount owing to us under any other contract or instrument, are in breach of any of your obligations to us under this or any other contract with us, or if your financial or business condition or responsibility shall become impaired or unsatisfactory to us, we reserve the right, at our option, to cancel the Order without liability to you, suspend work on the Order and/or future Orders and/or withhold delivery of all or part of the Equipment or Service subject hereto or thereto, in all cases without prejudice to any other legal or equitable remedy, until past due payments are made and satisfactory assurances of payment is received. You agree to pay us the cost of collection of overdue invoices, including, without limitation, reasonable attorney’s fees. You hereby grant, and we retain, a security interest in all goods delivered under any Order and any proceeds thereof to secure payment of amount due in respect thereof hereunder.
We shall, in addition to the rights and remedies herein set forth, be entitled to all rights and remedies provided for in the Uniform Commercial Code and other applicable law as from time to time amended, and at equity.
5.7 Orders are not subject to cancellation or modification, in whole or in part, after our acceptance, except with our written consent, which may be withheld in our discretion. If you cancel an Order after acceptance by us without our consent, you agree to compensate us for costs and any loss of profits that we may suffer as a result of cancellation. 6 Disclaimer of Warranty, Limitation of Liability and Indemnity
6.1 DISCLAIMER OF WARRANTY. THE EQUIPMENT AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS,
MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO WCCTV), OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WCCTV DISCLAIMS ANY AND ALL LIABILITY TO ANY PERSON OR ENTITY FOR THE PROPER PERFORMANCE OF THE EQUIPMENT OR SERVICE. WCCTV DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE COMPLETE OR FREE FROM ERROR OR WILL BE AVAILABLE 24
HOURS PER DAY, SEVEN DAYS PER WEEK, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY
PERSON OR ENTITY FOR ANY LOSS, INJURY, OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE EQUIPMENT OR SERVICES, WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT, OR OTHER CAUSE. WCCTV
MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE SERVICES IN ANY GEOGRAPHIC AREA. IN NO EVENT WILL WCCTV HAVE ANY LIABILITY FOR EVENTS OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION AS SET FORTH IN CONDITION 4. WCCTV DOES NOT GIVE ANY
WARRANTY, GUARANTY OR OTHER UNDERTAKING THAT THE PROVISION OF ANY SERVICE OR EQUIPMENT UNDER THE
CONTRACT WILL AVERT, PREVENT OR PROTECT AGAINST OCCURRENCES OF WHICH THE EQUIPMENT AND/OR SERVICES ARE INTENDED TO RECORD OR GIVE WARNING. FURTHERMORE, WCCTV DISCLAIMS ALL LIABILITY FOR ANY LOSSES THAT ARE COVERED UNDER A WARRANTY FOR EQUIPMENT PROVIDED BY A THIRD PARTY.
LIMITATION OF LIABILITY. WCCTV’S TOTAL LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS CONTRACT, WHETHER
BASED ON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, TORT, CONTRACT, OR OTHERWISE, IS LIMITED TO
DIRECT MONEY DAMAGES NOT EXCEEDING THE LESSER OF THE CHARGES PAID BY YOU TO WCCTV DURING THE NINETY (90) DAYS IMMEDIATELY PRECEDING SUCH CLAIM OR FIVE THOUSAND DOLLARS ($5,000). THIS LIMIT IS CUMULATIVE AND ALL PAYMENTS UNDER THIS CONTRACT ARE AGGREGATED TO CALCULATE SATISFACTION OF THE LIMIT. THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT ENLARGE THE LIMIT. TO THE FULLEST EXTENT PERMITTED BY RELATED LAW, IN NO
EVENT SHALL WCCTV, OR ANY PROVIDER OF SERVICE USED BY YOU, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL,
INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOST PROFITS OR REVENUE, OR LOST OR DAMAGED DATA,
WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WCCTV IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
6.2 INDEMNIFICATION BY CUSTOMER. You shall indemnify, defend, and hold WCCTV and its affiliates harmless from and against all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from a claim, suit or proceeding brought against WCCTV by a third party arising out of or related to (1) the removal, handling, use, disposition, possession, transportation or conveyance of the Equipment and/or Services by you or your permitted users or (2) your misrepresentation or breach of this Contract.
6.3 Nothing in the Contract shall affect the liability of either us or you for death or personal injury, fraud, or any other liability to the extent it cannot be excluded or limited by law.
6.4 You agree that the limitations and exclusions of liability contained in this Condition 6 are reasonable and are reflected in the price of the Equipment or Services which are the subject of this Contract. 7 Use of Data
Proposal for: Ione Police Department Page 13 of 19
7.1 We may disclose details of the Contract to any person and for any purpose connected with our business including credit reference agencies.
8 Entire Agreement
8.1 The Contract contains all the terms which we and you have agreed in relation to the subject matter of the Contract and supersedes any prior written or oral agreements, representations or understandings between us and you in relation to such subject matter.
8.2 You acknowledge that the Contract has not been entered into wholly or partly in reliance on:
(a) any statement made or not made, or advice given or not given, by or on behalf of us which is not contained in the Contract; (b) any warranty, statement, promise or representation made by us or on our behalf other than as expressly set out in this Contract.
To the extent that any such warranties, statements, promises or representations have been given, you unconditionally and irrevocably waive any claims, rights or remedies which you might otherwise have had in relation to them.
8.3 Nothing in this Condition 8 will exclude any liability which one party would otherwise have to the other party in respect of any statements made fraudulently.
9 Notices
9.1 Any notice given in accordance with the terms of the Contract shall be in writing and shall be sufficiently given to any party if sent addressed to that party at the address of that party set out at in this Contract (or any alternative address in the United Statesnotified (a) US postal service;
(b) e-mail; or
(c) FedEx or other recognized overnight mail delivery service.
9.2 Any notice so given shall be deemed (unless the contrary is proved) to have been effected (a) If sent by the US postal service, at the time at which the letter would be delivered in the ordinary course of post. (b) if sent by e-mail then, unless such communication is returned undelivered or undeliverable at the time of transmission of such email. (c) If by FedEx or overnight delivery service the delivery date identified by such service 10 Miscellaneous
10.1 Any waiver is only valid to the extent expressly set forth in writing by the party providing the waiver. A delay or omission by either Party to exercise its rights upon any event of noncompliance or default by the other Party shall not impair any such right or be construed to be a waiver thereof. A waiver by either of the Parties of any of the duties, conditions, or agreements of the other Party shall not be construed to be a waiver of any succeeding breach thereof or of any duty, condition, or agreement herein.
10.2 If any provision, or part thereof, of this Contract becomes or is declared invalid, illegal or unenforceable in any respect under any law, such provision, or part thereof, shall be null and void, and deemed deleted from this Contract. The validity, legality and enforceability of the remaining provisions of this Contract shall not in any way be affected or impaired.
10.3 This Contract shall be governed in accordance with the laws of the United States of America and the State of Texas, without reference to its choice of law provisions. In the event of litigation arising out of or connected with this Contract, the parties agree that the state or Federal courts located in the State of Texas shall have exclusive jurisdiction, and each party hereby waives any defenses it may have before such courts based on a lack of personal jurisdiction or inconvenient forum.
10.4 Nothing in this Contract, express or implied, is intended to create or confer and shall not be construed or operate as creating or conferring, any rights or remedies under or by reason of this Contract, upon anyone other than the Parties hereto and their successors and permitted assigns.
10.5 We may assign the Contract at any time or sub-contract the performance of our obligations under the Contract at any time. You may only assign the Contract with our written permission, which may be withheld in our discretion. .
10.6 Neither of us, including any of our employees, agents or representatives, shall, during and after termination of the Contract, without the prior written consent of the other, use or disclose to any other person any information which is identified as confidential or which is confidential by its nature, including without limitation all specifications or other non-public documents provided by us in connection with this Contract.
10.7 No guarantees can be given by us that the Equipment and Services will reduce or eradicate losses you are trying to mitigate against from the acceptance of a Proposal.
Part 2: Rented Equipment
11 Interpretation
11.1 In this part of these Conditions of Business the following terms have the following meanings unless the context otherwise requires:
‘Commencement Date’ the date on which the Rented Equipment is delivered and installed at the Delivery address;
‘Off Lease Date’ the date on which the Rented Equipment is decommissioned at the Delivery address; ‘Decommission charge’ the amount specified in the Proposal as the decommission charge; ‘Delivery Address’ the delivery address specified on the Acceptance Form; ‘Deposit’ the amount specified in the Proposal as the deposit; ‘Minimum Lease Period’ the period specified in the Proposal as the minimum Lease period; ‘Product Sheets’ the product sheets detailing the specification of the Rented Equipment in the Proposal or if none, as published on our website (www.wcctv.com) on the date of the Contract; ‘Lease’ the lease for the Rented Equipment specified in the Proposal; ‘Lease Period’ the period between the Commencement Date and the Off Lease Date ‘Rented Equipment’ the Standard Packages and Ancillary Items specified in the Proposal including any replacement equipment we supply in accordance with the terms of the Contract and all related accessories, manuals and instructions provided for it.
Proposal for: Ione Police Department Page 14 of 19
12 Basis of Lease
12.1 You will Lease the Rented Equipment from us for use in accordance with these Conditions and pay us the amounts due and payable for the Lease in accordance with the terms of the Contract.
12.2 At the time of delivery the Rented Equipment will be free from material defect in workmanship and/or materials and will have the functionality described in the Product Sheets. We reserve the right to make any changes to the Product Sheets for the Rented Equipment which does not materially affect its functionality.
12.3 We shall be under no liability if the Rented Equipment has the functionality described in the Product Sheets but fails to achieve any particular result whether or not such result has been notified to us or is referred to in the Proposal
12.4 We shall use our best efforts to provide a suitable solution as per the specification solution provided within the Proposal. 13 Lease Period
13.1 The Lease Period is the period from the Commencement Date until the expiration of at least 30 days’ written notice of termination given by you or by us to the other and terminating on the last day of the Minimum Lease Period or any later date.
13.2 If you commit a material breach of the Contract, such as, but not limited to, using the Rented Equipment in an improper manner or in contravention of the instructions provided with the Rented Equipment, then we shall be entitled to terminate the Lease and the Lease Period forthwith by written notice from us to you.
14 Deposit
14.1 You must pay us the Deposit prior to the Commencement Date which we will hold as security for the return of the Rented Equipment and payment of the Lease.
14.2 None of the Rented Equipment will be delivered until we have received the full amount of the Deposit.
14.3 We will repay the Deposit not more than 14 days after:
(a) we have collected all the Rented Equipment and are satisfied that it is in the same condition as when delivered (fair wear and tear excepted); and
(b) any outstanding Lease and other sums due to us under the Contract have been paid in full.
14.4 If the Rented Equipment is not so returned or any outstanding invoices under the Lease or other sums due are unpaid then we may utilize some or all of the Deposit (without prejudice to any other right or remedy we may have) to pay sums due from you to us.
14.5 We will not be obligated to pay interest on the Deposit. 15 Lease
15.1 The Lease for the Rented Equipment shall be the subject of the Lease.
15.2 The Lease is inclusive of the Data Plan, maintenance and monitoring (unless stated otherwise in the Proposal) in accordance with the terms of the Contract.
15.3 The Lease does not include the cost of installation, delivery or collection to and from the Delivery Address (unless stated otherwise in the Proposal).
16 Delivery of the Rented Equipment
16.1 We will arrange for the Rented Equipment to be delivered to you and installed at the Delivery Address during normal working hours.
16.2 We will notify you of the date when the Rented Equipment will be delivered and installed.
16.3 The Delivery Date and any other dates quoted for delivery of the Rented Equipment are approximate only and we shall not be liable for any delay in delivery of the Rented Equipment. The Rented Equipment may be delivered in advance of the quoted Delivery Date upon reasonable notice.
16.4 If we are unable to deliver the Rented Equipment due to your failure to accept delivery then we shall be entitled to charge you for any costs we incur as a result including the cost of waiting time, redelivery, storage of the Rented Equipment and any charges imposed by the delivery service.
16.5 We may deliver the Rented Equipment in more than one shipment.
16.6 To facilitate delivery and installation of the Rented Equipment you will provide all requisite materials, facilities, access and suitable working conditions to enable Delivery and installation to be carried out safely and expeditiously. 17 Payment
17.1 We will invoice you for the Lease at the beginning of the Lease Period and in advance in four weekly increments thereafter during the Lease Period.
17.2 You will pay amounts due pursuant to the invoices and any other sums due under the Lease for the Rented Equipment from the Commencement Date until the end of the Lease Period. Where the end of the Lease Period is before the Minimum Lease Period you will pay the invoices raised covering the period from the end of the Lease Period to the end of the Minimum Lease Period.
17.3 If you wish to pay the invoiced amounts under the Lease by credit card you should notify us and if we accept your request we will be entitled to invoice you every 14 days during the Lease Period for an apportioned amount of the Lease and deduct the amount invoiced from your credit card.
17.4 We will charge you a 3% surcharge for all credit card payments we receive. 18 Risk and Title
18.1 Risk of damage to or loss of the Rented Equipment, however, caused, will pass to you on delivery in accordance with Condition 25 and remain at your sole risk until we have collected the Rented Equipment at the end of the Rental Period.
18.2 The Rented Equipment shall at all times remain our property and you shall have no rights to the Rented Equipment except to use it in accordance with the Contract.
18.3 You grant us, our agents, employees, and subcontractors an irrevocable license and permission at any time to enter into or onto any premises or land where the Rented Equipment is or may be stored in order to inspect it, service it, or to recover it upon breach or termination of this Contract, and you shall ensure that we have unrestricted access to the Rented Equipment at all times during normal working hours. 19 Software
19.1 You must not copy, distribute, transmit, transcribe, translate, adapt, vary, modify, disassemble, decompile or reverse engineer any software incorporated in the Rented Equipment without our express written permission, which may be withheld in our sole discretion.
19.2 You agree to indemnify us and keep us indemnified against any losses or liabilities we incur as a consequence of a breach by you of Condition 19.1.
Proposal for: Ione Police Department Page 15 of 19
20 Use of the Rented Equipment
20.1 On delivery if we provide an instruction leaflet or other written materials on the use of the Rented Equipment you must only use the Rented Equipment in a careful and proper manner in accordance with the instructions provided.
20.2 At all times when the Rented Equipment is in your possession you will:
(a) insure the Rented Equipment for its full replacement value, naming us as an additional insured party; (b) make no alteration to the Rented Equipment and not remove any existing components from the Rented Equipment; (c) keep us fully informed of all material matters relating to the Rented Equipment; (d) keep the Rented Equipment or any part thereof at all times at the Delivery Address and not move to any other location or site, (e) ensure that at all times the Rented Equipment remains identifiable as being our property and if requested ensure that a visible sign to that effect is attached to the Rented Equipment.
20.3 You agree that we are not an insurer and no insurance coverage is offered. At or prior to delivery, you shall furnish us with a certificate of insurance in compliance with 20.2(a). You shall maintain such insurance in full force and effect at your sole expense during the Lease Period.
21 Notification
21.1 If you do not use the Monitoring Service and the Rented Equipment is not in working order when delivered or subsequently breaks down:
(a) you shall notify us immediately; and
(b) we will repair or replace the Rented Equipment as soon as possible after you notify us.
21.2 If you do use the Monitoring Service and the Rented Equipment is not in working order when delivered or subsequently breaks down we will repair or replace the Rented Equipment as soon as possible after we become aware of the problem.
21.3 If we find that the Rented Equipment reported as faulty is in working order then you will be liable for the cost of the engineer visit and the cost of any necessary collection and delivery of the replacement equipment.
21.4 You must notify us immediately if the Rented Equipment is damaged, lost or stolen. 22 Termination
22.1 On termination of the Lease Period for any reason we will:
(a) invoice you for the Decommission Charge (unless stated otherwise in the Proposal); and (b) collect the Rented Equipment at our expense from the Delivery Address during normal working hours within 14 days of the end of the Lease Period.
22.2 We will be entitled to invoice you for the replacement cost of any Rented Equipment which:
(a) we are unable to collect in accordance with condition 22.1; or (b) is not in good working order; or
(c) is not in the same condition as when it was delivered.
22.3 If we terminate the Lease during the LeasePeriod in accordance with condition 13.2 prior to the end of the Minimum Rental Period we shall be entitled to invoice you, without prejudice to any other rights or remedies, for a sum equal to the whole of the Rents that would (but for the termination) have been payable if the Contract had continued from the date of such demand to the end of the Minimum Rental Period, including without limitation any incremental rent increases that may be applied during the Minimum Rental Period.
22.4 If you terminate the Lease Period for any reason whatsoever and the end of the Lease Period is before the end of the Minimum Lease Period you will pay the invoices raised covering the costs that would have been otherwise incurred between the end of the Lease Period and the end of the Minimum Lease Period had you not terminated.
Part 3: Monitoring Service (if applicable)
23 Interpretation
23.1 In this part of these Conditions of Business the following terms have the following meanings unless the context otherwise requires:
‘Alert’ an alarm from the Monitored Equipment outside the Site Working Hours during the Monitoring Period;
‘Commencement Date’ the date specified in the Proposal as the Commencement Date; ‘Off Lease Date’ the date on which the Rented Equipment is decommissioned at the Delivery address; ‘Keyholder(s)’ the person or persons notified to us from time to time in accordance with these Conditions as the keyholder(s) for the Site;
‘Minimum Monitoring
Period’
the period specified in the Proposal as the minimum monitoring period; ‘Monitoring Period’ the period between the Commencement Date and the Off Lease Date ‘Monitored Equipment’ the Standard Packages and Ancillary Items specified in the Proposal including any replacement equipment we supply in accordance with the terms of the Contract; ‘Monitoring Fee’ the fee specified in the Proposal as the monitoring fee together with any charges made by the police, fire or other authority to us in connection with the provision to you of the Monitoring Service;
‘Site Working Hours’ the working hours for the site specified in the Proposal; ‘Site’ the delivery address specified on the Acceptance Form. 24 The Monitoring Service
24.1 During the Monitoring Period we will provide the Monitoring Service using the Monitored Equipment to monitor the Site in accordance with Proposal for: Ione Police Department Page 16 of 19
these Conditions.
24.2 The Monitoring Service depends on the functionality of the Monitored Equipment (a) any defaults or errors caused by faults in the Monitored Equipment or communications from the Monitored Equipment to us; or (b) any failure by the Monitored Equipment to provide an Alert.
24.3 You agree that we are not an insurer and no insurance coverage is offered. The solution we provide is designed to reduce certain risks of loss, though we cannot guarantee that no loss will occur. We and our sub-contractors are not assuming liability for any loss, data corruption, inability to retrieve data, personal injury or property damage sustained by you as a result of intrusion, burglary, theft, hold up, fire, smoke or any other cause whatsoever.
25 Monitoring Period
25.1 The Monitoring Period is the period from the Commencement Date until the expiration of at least 14 days’ written notice of termination given by you or by us to the other and terminating on the last day of the Minimum Monitoring Period or any later date.
25.2 If you commit a material breach of the Contract, such as, but not limited to, using the Monitored Equipment in an improper manner and in contravention of the instructions, then we shall be entitled to terminate the Monitoring Period forthwith by written notice from us to you. 26 Monitoring Fees
26.1 The cost of the Monitoring Service shall be the Monitoring Fee (unless expressly stated in the Proposal that the cost of the Monitoring Service is included in the Lease for the Rented Equipment).
26.2 We will invoice you for the Monitoring Fee at the beginning of the Monitoring Period and in advance in four weekly increments thereafter during the Monitoring Period.
26.3 You will pay the Monitoring Fee for the Monitoring Service from the Commencement Date until the end of the Monitoring Period.
26.4 If the Monitoring Fee is in arrears we may suspend the provision of the Monitoring Service until the arrears are cleared without affecting your obligation to pay the Monitoring Fee for the whole of the Monitoring Period. 27 Your Obligations
27.1 You must notify us promptly of:
(a) any change in the use of any part of the Site;
(b) any change to the Keyholders or their contact details; (c) any changes to Site Working Hours.
27.2 You must carry out any necessary maintenance or remedial works to the area in which the Monitored Equipment is located to ensure the functionality of the Monitored Equipment and prevent unnecessary false alarms.
27.3 You must ensure you obtain and maintain any permit required by any applicable law and furnish us with the permit number. We shall have no obligation to notify the emergency services if you do not supply us with the permit number for the video being monitored. 28 Our Obligations
28.1 We and you agree that our monitoring service obligation under this Contract shall be to monitor signals received from the Monitored Equipment. Upon receipt of a signal from the Monitored Equipment, we shall make every reasonable effort to transmit notification of the incident promptly to the police, fire or other authorities and the persons whose names and telephone numbers are provided to us. No more than one call to the provided contact list shall be required and any form of notification provided for herein, including leaving a message on an answering machine, shall be deemed reasonable compliance with our obligations. We do not notify police, fire or responding personnel in the event that emergency personnel is not required to be dispatched. Under no circumstances are we or our sub-contractors responsible for signals which do not reach us due to any reason whatsoever.
28.2 We may deactivate part or all of the Monitored Equipment causing false alarms and notify you that part or all of the Monitored Equipment will remain deactivated until the necessary maintenance has been carried out. We will not be liable for any loss occurring while part or all of the Monitored Equipment is deactivated for maintenance.
28.3 We will not be required to render service to the you if the failure to render such service is due to power failure or interruption malfunctions of telephone lines, telephone equipment or communication networks or an event of Force Majeure as described in Condition 4, above or any other causes beyond the control of us or non-payment by you. 29 Termination
29.1 On termination of the Monitoring Period for any reason we will invoice you for the monitoring Fees up to the date of termination.
29.2 If we terminate the Monitoring Period in accordance with condition 25.2 prior to the end of the Minimum Monitoring Period we shall be entitled to invoice you, without prejudice to any other rights or remedies, for a sum equal to the whole of the Monitoring Fees that would (but for the termination) have been payable if the Contract had continued from the termination date to the end of the Minimum Monitoring Period.
Part 4: Data Plan
30 Interpretation
30.1 In this part of these Terms and Conditions the following terms have the following meanings unless the context otherwise requires:
‘Data Plan Fee’ the fee for the Data Plan specified in the Proposal (as varied from time to time in accordance with Condition 32.5);
Proposal for: Ione Police Department Page 17 of 19
‘Data Plan Period’ the period specified in the Proposal from the Commencement Date; ‘Data Plan Equipment’ the Standard Package and Ancillary Items specified in the Proposal including any replacement equipment we supply in accordance with the terms of the Contract. ‘Commencement Date’ the date on which the connections become live; ‘Number of Connections’ the number of connections included in the Data Plan as specified in the Proposal; ‘Lease’ the Lease for the Rented Equipment specified in the Proposal. 31 Data Plan
31.1 We will arrange the provision of the Data Plan with a suitable network provider.
31.2 The Data Plan includes:
(a) connectivity for the Number of Connections as provided by the network provider in relation to the Data Plan Equipment identified in the Proposal; and
(b) the provision of a SIM card (provided by the relevant network provider) for each connection.
31.3 We will advise you on request whether or not there is network coverage at any particular location where you would like to use the Data Plan. We have no control over the operation of the telephone network to which it is connected or the security of information transmitted and accordingly cannot be responsible for any failures of the telephone network or security breaches.
31.4 If you do not use the Monitoring Service and the SIM card is not in working order when delivered or subsequently breaks down:
(a) You shall notify us immediately; and
(b) we will notify the network provider as soon as possible after you notify us; and (c) our only liability to you in relation to the SIM card will be to notify the Network Provider of any problems you encounter in relation to that SIM card which you notify to us.
31.5 If you use the Monitoring Service and the SIM card is not in working order when delivered or subsequently breaks down we will repair or replace the SIM card as soon as possible after we become aware of the problem.
31.6 Where an IP address is provided as part of the Data Plan, you acknowledge and agree that you are not entitled to continued use of the IP address associated after the termination of the Data Plan Period and that the IP address will be recovered by the network provider at the end of the Data Plan Period.
32 Data Plan Fee
32.1 The cost of the Data Plan shall be the Data Plan Fee (unless expressly stated in the Proposal that the cost of the Data Plan is included in the Lease for the Rental Equipment).
32.2 We will invoice you for the Data Plan Fee for Rental Equipment at the same time we invoice for the Lease during the Data Plan Period, unless stated otherwise in the Proposal. We will invoice you for the Data Plan Fee for purchased Equipment at the time or times stated in the Proposal.
32.3 If you exceed the usage allowance as specified in the Data Plan then overage will be charged at $30.00 for every 5 GB over the agreed monthly plan
32.4 If the Data Plan Fee is in arrears we may suspend the provision of the Data Plan until the arrears are cleared without affecting your obligation to pay the Data Plan Fee for the whole of the Data Plan Period.
32.5 We may increase the Data Plan Fee at any time or times during the Data Plan Period by up to the same percentage as any increase in the charges to us by the network provider without affecting the continuation of the Contract. Any such increase will take effect 30 days after we notify you of the change. We will invoice you for the increase in the Data Plan Fee from the effective date of such increase to the end of the Data Plan Period.
33 Use of the Data Plan
33.1 You must only use the Data Plan for connectivity between a monitoring station and the Data Plan Equipment; or any other WCCTV viewing platform designated by us.
33.2 If you move the Rented Equipment or the Sold Equipment to a location where we have not confirmed that there is network coverage then the Data Plan may not work fully or at all and we shall have no liability therefor.
33.3 Risk in the SIM card and its use as provided to you as part of the Data Plan shall pass to you on delivery.
Part 5: Installation Service (if applicable)
34 Interpretation
34.1 In this part of these Conditions of Business the following terms have the following meanings unless the context otherwise requires:
‘Commencement Date’ the date on which the Equipment is delivered to site; ‘Installation Charges’ the price for the Installation Service specified in the Proposal; ‘Installed Equipment’ the Standard Packages and Ancillary Items specified in the Proposal; ‘Site’ the delivery address specified on the Acceptance Form.
Proposal for: Ione Police Department Page 18 of 19
35 Installation Service
35.1 We will install the Installed Equipment in accordance with these Conditions.
35.2 The Installed Equipment will be installed as soon as practicable on or after the Commencement Date at the Site.
35.3 Installation will be complete when the Installed Equipment has been commissioned by WCCTV engineers and all is operating satisfactorily in accordance with the specification in the Proposal.
35.4 The Installation Service does not include:
(a) building works at the Site;
(b) alterations to the Site;
(c) arranging power to be supplied to the Installed Equipment unless stated otherwise in the Proposal.
35.5 We will reinstall Equipment at the same Site or a different site at additional cost. 36 Installation Charges
36.1 The cost of the Installation Service shall be the Installation Charges.
36.2 We will invoice you for the Installation Charges after all the Installed Equipment has been installed. 37 Your Obligations
37.1 You must notify us promptly of any changes to the Site affecting installation of the Installed Equipment between the date of the Proposal and the Commencement Date.
37.2 You will provide:
(a) a readily accessible power supply for each system included in the Installed Equipment (apart from self-powering systems); (b) all requisite materials, facilities, access and suitable working conditions and any other requirements stated in the Proposal to enable the Installation Service to be carried out safely and expeditiously.
37.3 If we are unable to install the Installed Equipment because of any breach by you of these Conditions (a) postpone the performance of the Installation Service; and (b) invoice you for the cost of the site visit and any waiting time.
37.4 If we are unable to install the Installed Equipment within 30 days of the Commencement Date because of any breach by you of these Conditions we
(a) cancel our obligation to install the Installed Equipment; and (b) invoice you, without prejudice to any other rights or remedies, for a sum equal to the whole of the Installation Charges.
Part 6: Maintenance Service (if applicable)
38 Interpretation
38.1 In this part of these Conditions of Business the following terms have the following meanings unless the context otherwise requires:
‘Maintenance
Commencement Date’
the date specified in the Proposal for the Commencement Date of the Maintenance Period;
‘Fault’ any failure or malfunction of the Maintenance Equipment; ‘Maintenance Equipment’ the Standard Packages and Ancillary Items specified in the Proposal including any replacement equipment we supply in accordance with the terms of the Contract; ‘Maintenance Price’ the price for the Maintenance Service specified in the Proposal; ‘Maintenance Period’ the period specified in the Proposal as the maintenance period; ‘Site’ the delivery address specified on the Acceptance Form. 39 Maintenance Service
39.1 During the Maintenance Period we will provide the Maintenance Service in accordance with these Conditions.
39.2 If you do not use the Monitoring Service and the Maintenance Equipment breaks down during the Maintenance Period:
(a) you shall notify us immediately; and
(b) we will repair or replace the Maintenance Equipment as soon as may be commercially reasonable after you notify us; (c) replace the power source for any self-powering systems included in the Maintenance Equipment; and (d) we shall be under no liability for any defaults or errors caused by faults in the Maintenance Equipment until 7 days have passed since we were notified of the Fault by you or your monitoring service, unless otherwise stated in the Proposal
39.3 If you do use the Monitoring Service and the Maintenance Equipment breaks down during the Maintenance Period:
(a) we will repair or replace the Maintenance Equipment as soon as may be commercially reasonable after we become aware of the problem;
(b) replace the power source for any self-powering systems included in the Maintenance Equipment; and (c) we shall be under no liability for any defaults or errors caused by faults in the Maintenance Equipment until 7 days have passed since we became aware of the Fault, unless otherwise stated in the Proposal Proposal for: Ione Police Department Page 19 of 19
39.4 The Maintenance Service does not include damage to the Maintenance Equipment caused by anything apart from normal use including:
(a) damage by third parties;
(b) moving the Maintenance Equipment;
(c) attempted maintenance by anyone other than our employees or representatives. 40 Maintenance Period
40.1 The Maintenance Period is the period from the Commencement Date until the last day of the Maintenance Period.
40.2 If you commit a material breach of the Contract, such as, but not limited to, using the Maintenance Equipment in an improper manner and in contravention of the instructions, then we shall be entitled to terminate the Maintenance Period forthwith by written notice from us to you.
41 Maintenance Price
41.1 The cost of the Maintenance Service shall be the Maintenance Price (unless expressly stated in the Proposal that the cost of the Maintenance Service is included in the Lease for the Rental Equipment).
41.2 We will invoice you for the Maintenance Price for the Rented Equipment at the same time we invoice for the Lease during the Maintenance Period, unless stated otherwise in the Proposal.
41.3 If the Maintenance Price is not paid in accordance with the Contract we may suspend the provision of the Maintenance Service until the arrears are cleared without affecting your obligation to pay the Maintenance Price. 42 Your Obligations
42.1 You will provide all requisite materials, facilities, access and suitable working conditions to enable the Maintenance Service to be carried out safely and expeditiously.
42.2 If we find that Maintenance Equipment reported as faulty is in working order or you do not comply with Condition 42.1 then we shall be entitled to invoice you for the cost of the site visit. 43 Our Obligations
43.1 We may carry out repairs remotely if possible.
43.2 We will provide a Proposal for any Faults not covered by or excluded from the Maintenance Service and if you accept the quote we will carry out the repairs and invoice you for the cost on completion of the repairs.
43.3 Any repairs or other maintenance work we carry out will be performed in a good and workmanlike manner using goods and materials of a reasonable quality.
43.4 If we cannot repair the Maintenance Equipment then we will replace at our own cost unless the damage to the Maintenance Equipment has been incurred as a result of miss use or if you haven’t fulfilled your obligations as clearly stipulated in this agreement. 44 Termination
44.1 If we terminate the maintenance period in accordance with condition 40.2 prior to the end of the Maintenance Period we shall be entitled to terminate without prejudice to any other rights or remedies, and to be paid and retain the whole of the Maintenance Price.
Agenda Item #J5
DATE: JUNE 18, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JODI STENECK, FINANCE MANAGER
SUBJECT: AMERICAN RESCUE PLAN ACT (ARPA) FUND UPDATE
RECOMMENDED ACTION:
For information only.
FISCAL IMPACT:
None
BACKGROUND:
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF), a part of the American Rescue Plan Act (ARPA) allocated $2,049,648 to the City of Ione in two payments. The first payment in the amount of $1,024,824 was received July 2021. The second payment in the amount of $1,024,824 was received July 2022.
The City of Ione used some of the funds received for various projects as directed by the guidelines issued at the time which included: Fight the pandemic and support families and businesses struggling with its public health and economic impacts, Maintain vital public services, even amid declines in revenue, and Build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity. The projects that the City of Ione submitted with the 2023 Project and Expenditure Report were:
• Small Business Grants for Ione businesses $ 67,655.00 • Emergency Fencing Repair at WWTP $ 89,640.00
• Connection from WWTP to Tertiary Plant $ 92,330.56
• Purchase of vacant building $322,520.51
• Purchase new computers $ 18,910.13
• Upgrade radio tower $ 16,257.11
• Purchase new phones $ 3,816.71
• Replace old carpet City Hall $ 16,579.96
• Purchase storage for PD vehicles $ 7,124.83
Total Expenses reported to US Dept of the Treasury $634,834.81 Since the report was submitted, the City incurred an additional $141,515 for plumbing repairs and renovations at City Hall in 2022 that was posted to the ARPA Capital Expense account.
DISCUSSION:
The current Caselle ARPA fund balance is $1,208,518. In May 2021, the Treasury published the Interim final rule describing eligible and ineligible uses of funds, sought feedback from the public on these program rules, and began to distribute funds. As governments began to deploy this funding in their communities, Treasury carefully considered the feedback provided through its public comment process and other forums. Treasury received over 1,500 comments, participated in hundreds of meetings, and received correspondence from a wide range of governments and other stakeholders. This information was used to create the Final Rule.
Key changes and clarification in the Final Rule
The final rule delivers broader flexibility and greater simplicity in the program, responsive to feedback in the comment process.
The Final Rule offers a standard allowance for revenue loss of up to $10 million, allowing recipients to select between the standard amount of revenue loss or complete a full revenue loss calculation. Recipients that select the standard allowance may use that amount – in many cases their full award – for government services, with streamlined reporting requirements.
The annual expenditure report was due by April 30, 2024, which has been completed. The instructions for the annual report had an introduction that asked “Is your jurisdiction electing to take the standard allowance? Please know that if you are a recipient receiving less than $10 million in SLFRF allocations, you are encouraged to say yes.” This is what I elected, so our filing with the US Department of the Treasury is final and no additional reporting in necessary. The ARPA fund balance is now available to be used as the City of Ione choses.
The Final Rule effective date was April 1, 2022.
ATTACHMENTS:
None