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CITY OF IONE
IONE, CA 95640
IFORNIA
REGULAR MEETING STARTS AT 6:00 PM - AMENDED
Mayor Stacy Rhoades
ice Mayor Jody Maita
Councilmember Dominic Atlan
Councilmember Alison LaFayne
Councilmember Jack Mitchell
AT 1 E. MAIN STREET, IONE, CA 95640
AND VIA ZOOM
https://zoom.us/j/2351961316?pwd=d31WTW0zbVJLblpQNXBDQWtpZkRyUT09 Meeting ID: 235 196 1316 Passcode: 95640
Dial by Phone - 669-900-6833 Meeting ID: 235 196 1316 Passcode: 95640 NOTE: Public Comment will not be taken from Zoom
Tuesday, January 7, 2025
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
Full staff reports and associated documents are available for public review at the Office of the City Clerk, City Hall, 1 E. Main Street, lone, 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
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CITY OF IONE
IONE, CA 95640
ALIFORNIA
B. CLOSED SESSION - None
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:
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 lone 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: None
All matters listed under this category are for information only with no action to be taken by the City Council.
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 Councilmembers).
1. Warrants - January 7, 2025
2. Adoption of Resolution No. 2025-01 - Designating Signatures for Bank of Marin
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CITY OF IONE
IONE, CA 95640
3. Adoption of Resolution No. 2025-02 - Appointing Representative and Alternate Representative to the Northern California Cities Self Insurance Fund Board of Directors
4. Adoption of Resolution No. 2025-03 - Approving Parcel Map No. 2924 - Boundary Line Adjustment for Catholic Church
5. Approval of Agreement for City Attorney Services, White Brenner, LLP J. PUBLIC HEARING: None
K. REGULAR AGENDA:
1. Authorize City Manager to Proceed in Facilitation of Parking Lot Lights at Howard Park
2. Approval of Contract for Transition Services for Mr. Andy Pinasco/Neumiller and Beardslee
3. Discussion/Action on Recordation of Closed Session Meetings
4. Council Committee Assignments - Available at Meeting
5. Wastewater Update - Justin Granados - Oral Report
6. Discussion/Action on Amending Ordinance No. 505 - Purchasing and Bidding Policy
L. REPORTS AND COMMUNICATIONS FROM CITY ATTORNEY
M. REPORTS AND COMMUNICATIONS FROM CITY MANAGER
N. COUNCIL COMMENTS/COMMITTEE REPORTS/FUTURE AGENDA ITEMS OF
10 NE
CITY OF IONE
IONE, CA 95640
IFORNI
O. ADJOURNMENT
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.
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CITY OF IONE
IONE, CA 95640
Agenda Item #I1
DATE: JANUARY 7, 2025
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MICHAEL ORMSBY, FINANCE MANAGER
KIERSTEN LOWRY, ACCOUNT CLERK
SUBJECT: JANUARY 7, 2025 WARRANTS
RECOMMENDED ACTION:
Staff recommends that the council review and approve the attached warrant list.
FISCAL IMPACT: $442,849.02
List of Vendors and amount over $1,000.00:
ABC Plumbing $ 14,334.38
Amador County Transport. Comm. $108,584.00
Amador County Elections $ 7,860.18
Amador Water Agency $ 6,606.88
Benefit Coordinators Corp $ 2,148.10
David Taussig & Assoc. $ 17,796.00
EcoUrban Designs $ 2,442.00
First Security Finance $ 3,494.32
Hi-Tech E V S Inc $ 21,407.53
lone Trading Post $ 3,470.18
IW Solar LLC $ 3,909.16
LensLock $ 6,888.46
Neumiller & Beardslee $ 36,113.66
Northern Cal Cities $ 27,043.00
PG&E $ 14,416.72
ServPro $ 3,154.30
WaterStone Services LLC $ 39,520.00
West Yost Associates $113,598.50
Wireless CCTV LLC $ 1,491.91
Detail is provided in the attached warrant list.
ATTACHMENTS:
A. Warrant list dated 1-7-2025 (Includes all warrants)
City of lone Unpaid Invoice Report - UNPAID INV. REPORT Page: 1 Posting period: 01/25 Jan 03, 2025 11:57AM
Invoice Seq.# Description Invoice GL Peri GL Account i Activity# GL Account Description Net Invoice Number Date Number Check Amount
ABC PLUMBING HEATING & AIR COND INC
16045 HYDRO JET 10001-10029 five mile dr 12/13/24 12/24 3131-92-6203 M&O EQUIPMENT 11,880.00 Total 16045: 11,880.00
16051 EMERGENCY Call-lift station 12/14/24 12/24 3111-92-6190 Maint of Bidgs Struct & Ground 2,454 38 Total I6051 2,454.38
ALHAMBRA
12249493 122224 DRINKING WATER 12/22/24 12/24 1111-65-6111 OFFICE EXPENSE 12.99 12249493 122224 DRINKING WATER 12/22/24 12/24 2111-65-6111 OFFICE EXPENSE 1.00 12249493 122224 DRINKING WATER 12/22124 12/24 3111-65-6111 OFFICE EXPENSE 5.00 12249493122224 DRINKING WATER 12/22124 12124 3131-65-6111 OFFICE EXPENSE 1.00 12249493 122224 DRINKING WATER 12/22/24 12/24 1111-70-6111 OFFICE 54.56 12249493 122224 DRINKING WATER 12/22/24 12/24 9670-70-6111 OFFICE 23.38 Total 12249493 122224: 97.93
AMADOR CO TRANSPORTATION COMM
2023-2024FY REGIONAL TRAFFIC MITIGATION FEES FY 23/24FY 01/01/25 13/24 9519-00-2261 IMPACT FEES PAYABLE 108,584.00 Total 2023-2024FY: 108,584.00
AMADOR COUNTY CHAMBER OF COMMERCE
4099 MEMBERSHIP DUES 01/01/24 12/24 1111-65-6240 MEMBERSHIPS AND DUES 81.25 4099 MEMBERSHIP DUES ANNUAL 01/01/24 12/24 2111-65-6240 MEMBERSHIP & DUES 6.25 4099 ANNUAL MEMBERSHIP DUES 01/01/24 12124 3111-65-6240 MEMBERSHIP & DUES 31.25 4099 ANNUAL MEMBERSHIP DUES 01/01/24 12/24 3131-65-6240 MEMBERSHIP AND DUES 6.25 Total 4099: 125.00
AMADOR COUNTY ELECTIONS
11052024CT02 2024 GENERAL ELECTIONS SERVICES 12/26124 12/24 1111-62-6120 SPECIAL DEPARTMENTAL EXPENSE 7,860.18 Total 11052024CT02: 7,860 18
AMADOR COUNTY ENVIRONMENTAL HEALTH
IN0033120 3611 PUBLIC POOL SERVICE 12/11/24 01/25 1111-92-6191 MAINT / OPERATIONS OF POOL0241 180.00 vity of lone Unpaid Invoice Report - UNPAID INV. REPORT Page:
Posting period: 01/25 Jan 03, 2025 11:57AM
Invoice Seq.# Descrption Invoice GL Peri GL Account Activity# GL Account Description Net Invoice Number Date Number Check Amount
Total IN0033120: 180.00
IN0033272 1 HMBP FUEL 1-3 CHEM & FAC SURCHARGE 12/11/24 12/24 3131-92-6190 MAINT OF BLDGS.STRUCT, GROUND 274.00 Total IN0033272: 274.00
AMADOR WATER AGENCY
06352-002X1224 CO MEDIAN 3 12/01/24 12/24 8221-92-6170 UTILITIES 108.86 Total 06352-002X1224 108.86
5018-001X1224 RAW WATER HOWARD PARK 12/01/24 12/24 1111-92-6170 221 UTILITIES 2,931.18 Total 5018-001X1224: 2,931.18
5018-002X1224 JACKSON ST 12/01/24 12/24 1111-75-6170 UTILITIES 7.91 5018-002X1224 JACKSON ST 12/01/24 12/24 9613-75-6170 UTILITIES 39.55 5018-002X1224 JACKSON ST 12/01/24 12/24 9675-75-6170 UTILITIES 31.64 Total 5018-002X1224. 79.10
5018-003X1224 1 EMAIN 12/01/24 12124 1111-65-6170 UTILITIES 147.79 5018-003X1224 1 E MAIN 12/01/24 12/24 2111-65-6170 UTILITIES 11.37 5018-003X1224 1 E MAIN 12/01/24 3111-65-6170 UTILITIES 56.84 5018-003X1224 1E MAIN 12/01/24 12/24 3131-65-6170 UTILITIES 11.37 Total 5018-003X1224: 227.37
5018-004X1224 MAIN AND PRESTON 12/01/24 12/24 1111-92-6170 UTILITIES 84.06 Total 5018-004X1224 84.06
5018-005X1224 OAKRIDGE 12/01/24 12/24 1111-92-6170 UTILITIES 325.72 Total 5018-005X1224: 325.72
SUTTER LANE 12/01/24 12/24 1111-92-6170 UTILITIES 257.66 5018-006X1224
City of lone Unpaid invoice Report - UNPAID INV. REPORT Page: 3 Posting period: 01/25 Jan 03, 2025 11:57AM
Invoice Seq.# Description Invoice GL Peri GL Account Activity# GL Account Description Net Invoice Number Date Number Check Amount
Total 5018-006X1224 257.66
5018-00701224 1 CASTLE OAKS ENTRANCE 12/01/24 12/24 8221-92-6170 UTILITIES 276.97 Total 5018-007X1224: 276.97
5018-008X1224 1437 QUAIL HOLLOW 12/01/24 12/24 1111-92-6170 UTILITIES 74.14 Total 5018-008X1224: 74.14
5018-009X1224 431 QUAIL HOLLOW 12/01/24 12/24 1111-92-6170 UTILITIES 74.14 Total 5018-009X1224: 74.14
5018-010X1224 425 QUAIL HOLLOW 12/01/24 12/24 1111-92-6170 UTILITIES 74.14 Total 5018-010X1224: 74.14
5018-011X1224 ES HWY 124 12/01/24 12/24 1111-92-6170 UTILITIES 523.10 Total 5018-011X1224. 523.10
5018-014X1224 1S MILL ST 12/01/24 12124 1111-92-6170 UTILITIES 74.14 Total 5018-014X1224 74.14
5018-015X1224 FIVE MILE DR 12/01/24 12/24 3131-92-6170 UTILITIES 79.10 Total 5018-015X1224: 79.10
5018-016X1224 es hwy 124 12/01/24 12124 1111-92-6170 UTILITIES 498.30 Total 5018-016X1224: 498.30
5018-017X1224 POPLAR ST +Z/10/2L 12/24 1111-92-6170 UTILITIES 162.89 Total 5018-017X1224: 162.89
5018-018X1224 PRESTON AVE 12/01/24 12/24 1111-75-6170 UTILITIES 22.79 City of lone Unpaid Invoice Report - UNPAID INV. REPORT Page: 4 Posting period: 01/25 Jan 03, 2025 11:57AM
Invoice Seq.# Description Invoice GL Peri GL Account Activity# GL Account Description Net Invoice Number Date Number Check Amount
5018-018X1224 PRESTON AVE 12/01/24 12/24 9613-75-6170 UTILITIES 113.95 5018-018X1224 PRESTON AVE 12/01/24 9675-75-6170 UTILITIES 91.16 Total 5018-018X1224: 227.90
5018-020X1224 HYDRANT METER 12/01/24 12/24 3111-92-6170 UTILITIES 48.73 Total 5018-020X1224: 48.73
5018-024X1224 17 E MAIN ST 12/01/24 12124 1111-92-6170 74.14 Total 5018-024X1224: 74.14
5018-12X1224 1600 MARLETTE 12/01/24 12/24 1111-92-6170 UTILITIES 103.72 Total 5018-12X1224: 103.72
5018-13X1224 main & SAC 12/01/24 12/24 1111-92-6170 UTILITIES 74.14 Total 5018-13X1224 74.14
6157-000X1224 SEWER LIFT STATION 12/01/24 12/24 3111-92-6170 UTILITIES 74.14 Total 6157-000X1224: 74.14
6352-000X1224 1 CO MEDIAN 1 12/01/24 12/24 8221-92-6170 UTILITIES 79.10 Total 6352-000X1224: 79.10
6352-001X1224 CC MEDIAN 2 12/01/24 12/24 8221-92-6170 UTILITIES 74.14 Total 6352-001X1224: 74.14
AT&T
334117480X1224 PD internet 12/24/24 12/24 9670-70-6160 COMMUNICATIONS 64.20 334117480X1224 PD internet 12/24124 12/24 1111-70-6160 COMMUNICATIONS 149.80 Total 334117480X1224: 214.00
City of lone Unpaid Invoice Report - UNPAID INV. REPORT Page: 5 Posting period: 01/25 Jan 03. 2025 11:57AM
Invoice Seq.# Description Invoice GL Peri GL Account Activity# GL Account Description Net Invoice Number Date Number Check Amount
BENEFIT COORDINATORS CORP.
BOGQHT ADMIN DENTALVISION 01/01/25 01/25 1111-65-5211 HEALTH INS 448.00 BOGQHT ADMIN DENTALVISION 01/01/25 01/25 2111-65-5211 HEALTH INS. 44.80 BOGQHT ADMIN DENTALVISION 01/01/25 01/25 3111-65-5211 HEALTH INS 134.40 BOGQHT ADMIN DENTALVISION 01/01/25 01/25 3131-65-5211 HEALTH INSURANCE 44.80 BOGQHT ADMIN DENTALVISION 01/01/25 01/25 4111-65-5211 HEALTH INSURANCE ER 44.80 BOGQHT ADMIN DENTALVISION 01/25 9675-65-5211 HEALTH INS 89.60 BOGQHT ADMIN DELAISION 01/01/25 01/25 9670-65-5211 HEALTH INS 89.60 BOGOHT RETIREE DENTALVISION 01/01/25 01/25 1111-94-5225 HEALTH INS. - RETIREE 41.00 BOGQHT PD DENTAL VISION 01/01/25 01/25 9670-70-5211 HEALTH INS 298.17 BOGQHT PD DENTAL VISION 01/01/25 01/25 1111-70-5211 HEALTH INS 695.73 BOGQHT PD DENTAL VISION 01/01/25 01/25 9670-70-5211 HEALTH INS 180.60- BOGQHT PD DENTAL VISION 01/01/25 01/25 1111-70-5211 HEALTH INS 421.40- BOGQHT FIRE DENTALVISION 01/01/25 01/25 1111-75-5211 HEALTH INS 64.14 BOGOHT FIRE DENTALVISION 01/01/25 01/25 9613-75-5211 HEALTH INS 320.70 BOGQHT FIRE DENTALVISION 01/01/25 01/25 9675-75-5211 HEALTH INS 256.56 BOGQHT PW DENTAL VISION 01/01/25 01/25 1111-92-5211 HEALTH INS 142.24 BOGQHT PW DENTAL VISION 01/01/25 01/25 2111-92-5211 HEALTH INS 17.78 BOGQHT 18 PW DENTAL VISION 01/01/25 01/25 4111-92-5211 ° HEALTH INS 8.89 BOGQHT PW DENTAL VISION 01/01/25 01/25 4311-92-5211 HEALTH INS 8.89 Total BOGQHT. 2,148.10
BENEFIT COORDINATORS CORPORATION
15845 ADMIN LIFE INS 01/01/25 01/25 1111-65-5211 HEALTH INS 56.90 15845 ADMIN LIFE INS 01/01/25 01/25 2111-65-5211 HEALTH INS. 5.69 15845 ADMIN LIFE INS 01/01/25 01/25 3111-65-5211 HEALTH INS 17.07 15845 ADMIN LIFE INS 01/01/25 01/25 3131-65-5211 HEALTH INSURANCE 5.69 15845 ADMIN LIFE INS 01/01/25 01/25 4111-65-5211 HEALTH INSURANCE ER 5.69 15845 ADMIN LIFE INS 01/01/25 01/25 9670-65-5211 HEALTH INS 11.38 15845 ADMIN LIFE INS 01/25 9675-65-5211 HEALTH INS 11.38 15845 POLICE LIFE INS 01/01/25 01/25 1111-70-5211 HEALTH INS 124.11 15845 POLICE LIFE INS 01/01/25 01/25 9670-70-5211 HEALTH INS 53.19 15845 FIRE LIFE INS 01/01/25 01/25 9675-75-5211 HEALTH INS 40.82 15845 FIRE LIFE INS 01/01/25 01/25 9613-75-5211 HEALTH INS 51.03 15845 FIRE LIFE INS 01/01/25 01/25 1111-75-5211 HEALTH INS 10.21 15845 PW LIFE 01/01/25 01/25 1111-92-5211 000 HEALTH INS 72.24 15845 PUBLIC WORKS LIFE INS 01/01/25 01/25 2111-92-5211 HEALTH INS 9.03 15845 PUBLIC WORKS LIFE INS 01/01/25 01/25 4111-92-5211 HEALTH INS 4.52 15845 PUBLIC WORKS LIFE INS 01/01/25 01/25 4311-92-5211 HEALTHINS 4.52 City of lone Unpaid Invoice Report - UNPAID INV. REPORT Page: 6 Posting period: 01/25 Jan 03, 2025 11:57AM
Invorce Seq.# Description Invoice GL Peri GL Account Activity# GL Account Description Net Invoice Number Date Number Check Amount
Total 15845: 483.47
BIG VALLEY PRINTING
7934 5000#10 WINDOW ENVELOPES 12/13/24 12/24 3111-65-6111 OFFICE EXPENSE 591.75 Total 7934: 591.75
BONHAM, ANDREA
010225 REIMBURSEMENT SEWER SPILL CLEAN UP-343 01/02/25 01/25 3111-92-6190 Maint of Bidgs Struct & Ground 393.08
PRESTON
Total 010225: 393.08
CAL.NET INC
31321X1224 EB HALL 12/28/24 12/24 1111-65-6160 COMMUNICATIONS 117.37 Total 31321X1224 117.37
DAVID TAUSSIG & ASSOC. INC
2406341 CFD 2006-1 FY 23/24 06/30/24 06/24 9111-50-6125 ADMINISTRATION COSTS 47.50 Total 2406341 47.50
2406342 1 CFD 2005-2 FY 23/24 06/30/24 06/24 9111-50-6125 ADMINISTRATION COSTS 47.50 Total 2406342: 47.50
2406343 1 D24-80266 000 CFD 2005-2 06/30/24 06/24 9111-50-6125 ADMINISTRATION COSTS 142.50 Total 2406343: 142.50
2406344 1 CFD #2009-3 FY 23/24 06/30/24 06/24 9111-50-6125 ADMINISTRATION COSTS 47.50 Total 2406344: 47.50
2406345 1 D24-80268.000 CFD 2005-2 06/30/24 06/24 9111-50-6125 ADMINISTRATION COSTS 47.50 Total 2406345: 47.50
2406346 1D24-80268.000 CFD 2005-2 06/30/24 06/24 9111-50-6125 ADMINISTRATION COSTS 475.00 City of lone Unpaid Invoice Report - UNPAID INV. REPORT Page: 7 Posting period: 01/25 Jan 03, 2025 11:57AM
Invoice Seq.# Description Invoice GL Peri GL Account Activity# GL Account Description Net Invoice Number Date Number Check Amount
Total 2406346: 475.00
2407121 CFD 2005-2 FY 24/25 07/31/24 12/24 9111-50-6125 ADMINISTRATION COSTS 617.50 Total 2407121: 617.50
2407122 CFD 2006-1 FY 24-25 07/31/24 12/24 9111-50-6125 ADMINISTRATION COSTS 1,710.00 Total 2407122: 1,710.00
2407123 D24-80268.000 CFD 2005-2 07/31/24 12/24 9111-50-6125 1,829.70 Total 2407123 1,829.70
2407124 D24-80266.000 CFD 2005-2 07/31/24 12124 9111-50-6125 ADMINISTRATION COSTS 1,115.30 Total 2407124: 1,115.30
2407125 1 CFD #2009-3 F/ 24/25 07/31/24 121249111-50-6125 ADMINISTRATION COSTS 950.00 Total 2407125 950.00
2411012 IONE/DIF AND NEXUS STUDY 11/30/24 12/24 9111-50-6125 ADMINISTRATION COSTS 7,550.00 Total 2411012: 7,550.00
2411116 1 D23-80268.OS CFD 2005-2(A 3 PREPAYMENT 11/30/24 12124 9111-50-6125 95.00 Total 2411116 95.00
2411124 D24-80266.000 CFD 2005-2 1A 1 FY 24-25 11/30/24 12/24 9111-50-6125 ADMINISTRATION COSTS 902.50 Total 2411124: 902.50
2411125 D24-80264.000 CFD 2005-2 IA 2 FY 24-25 11/30/24 12/24 9111-50-6125 ADMINISTRATION COSTS 781.00 Total 2411125: 781.00
2411126 D24-80268.000 CFD 2005-2IA3FY 24-25 11/30/24 12/24 9111-50-6125 ADMINISTRATION COSTS 1,437.50 City of lone Unpaid Invoice Report - UNPAID INV. REPORT Page: 8 Posting period: 01/25 Jan 03, 2025 11:57AM
Invoice Seq.# Description Invoice GL Peri GL Account Activity# GL Account Description Net Invoice Number Date Number Check Amount
Total 2411126: 1,437.50
DE LAGE LANDEN INC.
588874668 COPIER LEASE 12/07/24 12/24 1111-65-6220 OTHER CONTRACTUAL SERVICES 227.97 588874668 COPIER LEASE 12/07/24 12/24 2111-65-6220 OTHER CONTRACTUAL SERVICES 17.54 588874668 COPIER LEASE 12/07/24 12/24 3111-65-6220 OTHER CONTRACTUAL SERVICES 87.68 588874668 COPIER LEASE 12/07/24 12/24 3131-65-6220 OTHER CONTRACTUAL SERVICES 17.54 Total 588874668 350.73
DEROTIC ULC
NO-5273 UNIT 20-02 DIGNOSITC CHECKS, RADIOS, PA 12/18/24 1111-70-6202 VEHICLE MAINT 200.90 NO-5273 UNIT 20-02 DIGNOSITC CHECKS, RADIOS PA 12/18/24 9670-70-6202 VEHICLE MAINT 86.10 Total NO-5273: 287.00
ECO URBAN DESIGNS INC.
1867 FIELD SERVICES DECEMBER 2024 12/01/24 12/24 8221-92-6190 MAINT OF BLDGS, STRUCT, GROUND 2,442.00 Total 1867: 2,442.00
FERGUSON ENT INC. #686
5620492 baseball repairs 12106/24 12/24 1111-92-6190 MAINT OF BLDGS, STRUCT, GROUND 458.80 5620492 baseball-repairs 12/06/24 12124 2111-92-6190 227 MAINT OF BLDGS, STRUCT, GROUND 26.99 5620492 baseball-repairs 12/06/24 12/24 4311-92-6190 227 MAINT OF BLDGS, STRUCT, GROUND 53.98 Total 5620492 539.77
5636260 baseball-repairs 12/09/24 12124 4311-92-6190 MAINT OF BLDGS, STRUCT, GROUND 5.60 5636260 baseball-repairs 12/09/24 12/24 2111-92-6190 MAINT OF BLDGS, STRUCT, GROUND 2.80 5636260 baseball-repairs 12/09/24 12/24 1111-92-6190 MAINT OF BLDGS, STRUCT, GROUND 47.57 Total 5636260 55.97
5639140 baseball-repairs 12/10/24 12/24 1111-92-6190 MAINT OF BLDGS, STRUCT, GROUND 45.89 5639140 baseball-repairs 12/10/24 12/24 2111-92-6190 MAINT OF BLDGS, STRUCT, GROUND 2.70 5639140 baseball-repairs 12/10/24 12/24 4311-92-6190 MAINT OF BLDGS, STRUCT, GROUND 5.40 City of lone Unpaid Invoice Report - UNPAID INV. REPORT Page: 9 Posting period: 01/25 Jan 03, 2025 11:57AM
Invoice Seq.# Description Invoice GL Peri GL Account Activity# GL Account Description Net invoice Number Date Number Check Amount
Total 5639140: 53.99
FIRST SECURITY FINANCE INC.
IONE-CAO10125 FIRE HOUSE #2 LOAN PRIN. 01/01/25 9511-50-9311 RETIREMENT OF PRINCIPAL 3,039.26 IONE-CAO10125 2 FIRE HOUSE #2 INTEREST PMT. 01/01/25 01/25 9511-50-9211 INTEREST EXPENSE 455.06 Total IONE-CA010125: 3,494.32
FOOTHILL PORTABLE TOILETS
M186597 TRAIN DEPOT PORTA POTTY 12/31/24 12/24 9520-50-6114 RENTALS 215.00 Total M186597: 215.00
GOLD COUNTRY MARKETING
39353489 PW HOODIE EMBELISHMENT 12/29124 12/24 1111-92-6140 CLOTHING / UNIFORM-NON-PAYROLL 25.50 39353489 PW HOODIE 12/29/24 12/24 2111-92-6140 CLOTHING/ UNIFORM-NON-PAYROLL 1.50 39353489 PW HOODIE 12/29/24 12/24 4311-92-6140 CLOTHING/UNIFORM -NON PAYROLL 3.00 Total 39353489: 30.00
HI-TECH EV SINC
180728 ta vehicle repairs and main 12/26/24 12124 1111-75-8202 VEHICLE MAINT 2,140.75 180728 fd vehicle repair and main. 12/26/24 12/24 9613-75-6202 VEHICLE MAINT 10,703.77 180728 to vehicle repair and main. 12/26/24 12/24 9675-75-6202 VEHICLE MAINT 8,563.01 Total 180728: 21,407.53
IACP
0383753 MEMBERSHIP DUES 11/19/24 12/24 1111-70-6240 MEMBERSHIPS AND DUES 154.00 0383753 MEMBERSHIP DUES 11/19/24 12/24 9670-70-6240 MEMBERSHIP 66.00 Total 0383753 220.00
IONE PLAZA LLC
1224 SEW AND WATER 01/01/25 12/24 9670-70-6170 UTILITIES 29.33 1224 WATER AND SEWER 01/01/25 12/24 1111-70-6170 UTILITIES 68.44 Total 1224: 97.77
City of lone Unpaid Invoice Report - UNPAID INV. REPORT Page: 10 Posting period: 01/25 Jan 03, 2025 11:57AM
Invoice Seq.# Description Invoice GL Peri GL Account Activity# GL Account Description Net invoice Number Date Number Check Amount
IONE TRADING POST
12/24 FIRE DEPT-FUEL 12/19/24 12/24 1111-75-6201 FUEL 238.63 12/24 Split distribution 12/19/24 12/24 9613-75-6201 FUEL 1,193.15 12/24 Split distribution 12/19/24 12/24 9675-75-6201 FUEL 954.52 12/24 PUBLIC WORKS -FUEL 12/19/24 12124 4311-92-6201 • 0 FUEL 108.39 12/24 PUBLIC WORKS - FUEL 12/19/24 12/24 2111-92-6201 FUEL 54.19 12/24 PUBLIC WORKS - FUEL 12/19/24 12/24 1111-92-6201 FUEL 921.30 Total 12/24. 3,470.18
IW SOLAR LLC
25301 1 SOLAR PRODUCED AT WWTF - 12/2024 01/02/25 01/25 3131-92-6170 UTILITIES 3,909.16 Total 25301: 3,909.16
JACKSON QUARTERBACK CLUB
121724 EB HALL RENTAL EVENT DEPOSIT REFUND 12/17124 12124 1111-00-1119 DEPOSIT CLEARING ACCOUNT 820.00 Total 121724: 820.00
JACKSON TIRE SERVICE INC
1-227389 PD 2017 EXPLORER TIRES 01/02/25 01/25 9670-70-6202 VEHICLE MAINT 47.11 1-227389 PD 2017 EXPLORER TIRES 01/02/25 01/25 1111-70-6202 VEHICLE MAINT 109.93 Total 1-227389. 157.04
LENDAHL, PATRICIA
121324 1 #2028.01 REFUND-SEWER 12/13/24 12/24 3111-48-4805 SEWER SERVICE CHARGES 157.90 Total 121324: 157 90
LENSLOCK
0537-250102-RNL BODY WORN CAMERA SERVICES 01/02/25 01/25 9670-70-6119 SAFETY EQUIP 2,066.54 0537-250102-RNL BODY WORN CAMERA SERVICES 01/02/25 01/25 1111-70-6119 SAFETY EQUIPMENT 4,821.92 Total 0537-250102-RNL: 6,888.46
MEEKS-WESTERN BUYERS LLC
11015023 PW-DUMPSTRUCK 12/04/24 01/25 1111-92-6203 MAINT & OPERATIONS - EQUIPMENT 38.93 11015023 PW-DUMPTRUCK 12/04/24 01/25 2111-92-6203 MAINT & OPERATIONS - EQUIPMENT 2.29 City of lone Unpaid Invoice Report - UNPAID INV. REPORT Page: 11 Posting period: 01/25 Jan 03, 11:57AM
Invoice Seq.# Description Invoice GL Peri GL Account Activity# GL Account Description Net Invoice Number Date Number Check Amount
11015023 PW DUMPTRUCK 12/04/24 01/25 4311-92-6203 MAINT & OPERATIONS - EQUIPMENT 4.58 Total 11015023: 45.80
11015024 PW-DUMPTRUCK 01/02/25 01/25 1111-92-6203 MAINT & OPERATIONS - EQUIPMENT 61.35 11015024 PW-DUMPSTRUCK 01/02/25 01/25 2111-92-6203 MAINT & OPERATIONS - EQUIPMENT 3.61 11015024 PW-DUMPTRUCK 01/02/25 01/25 4311-92-6203 MAINT & OPERATIONS - EQUIPMENT 7.22 Total 11015024 72.18
MISSION IT SOLUTIONS INC.
2942 ADMIN HOSTING 01/01/25 01/25 1111-65-6163 IT SERVICES 53.22 2942 ADMIN HOSTING 01/01/25 01/25 2111-65-6163 IT SERVICES 4.09 2942 ADMIN HOSTING 01/01/25 01/25 3111-65-6163 IT SERVICES 20.47 2942 ADMIN HOSTING 01/01/25 01/25 3131-65-6163 IT SERVICES 4.09 2942 PD HOSTING 01/01/25 01/25 1111-70-6163 IT SERVICES 57.31 2942 PD HOSTING 01/01/25 01/25 9670-70-6163 IT SERVICES 24.56 2942 FD HOSTING 01/01/25 01/25 1111-75-6163 IT SERVICES 8.19 2942 FD HOSTING 01/01/25 01/25 9613-75-6163 IT SERVICES 40.94 2942 FD HOSTING 01/01/25 01/25 9675-75-6163 IT SERVICES 32.75 2942 10 BD HOSTING 01/01/25 01/25 1111-85-6163 IT SERVICES 40.94 2942 PW HOSTING 01/01/25 01/25 1111-92-6163 IT SERVICES 32.75 2842 PW HOSTING 01/01/25 01/25 2111-92-6163 IT SERVICES 4.09 2942 PW HOSTING 01/01/25 01/25 4311-92-6163 IT SERVICES 4.10 Total 2942: 327.50
NATIONAL ASSOC OF CHIEFS OF POLICE
496216 PD MEMBERSHIP 12/12/24 01/25 1111-70-6240 MEMBERSHIPS AND DUES 108.50 496216 PD MEMBERSHIP 12/12/24 01/25 9670-70-6240 MEMBERSHIP 46.50 Total 496216: 155.00
NEUMILLER & BEARDSLEE
351276 42593-44846 GENERAL 12/11/24 12/24 1111-68-6210 PROF & SPEC SERVICES ATTORNEY 15,404.86 351276 42593-44846 GENERAL 12/11/24 12124 1111-68-6210 PROF & SPEC SERVICES-ATTORNEY 20,118.80 351276 TOLLETT CLAIM 12/11/24 12/24 1111-68-6210 PROF & SPEC SERVICES-ATTORNEY 590.00 Total 351276 36,113.66
City of lone Unpaid Invoice Report - UNPAID INV. REPORT Page: 12 Posting period: 01/25 Jan 03, 2025 11:57AM
Invoice Seq.# Description Invoice GL Peri GL Account Activity# GL Account Description Net Invoice Number Date Number Check Amount
NORTHERN CALIF CITIES SELF INS
WORKERS COMP 3RD QRT FY 2024/25 01/01/25 12/24 1111-60-5220 WORKERS COMP 200.00 WORKERS COMP 3RD QRT FY2024/25 01/01/25 12/24 3111-60-5220 WORKERS COMP 50.00 2922 WORKERS COMP 3RD QRT FY2024/25 01/01/25 12/24 1111-62-5220 WORKERS COMP 550.25 2922 WORKERS COMP 3RD ORT FY2024/25 01/01/25 12/24 1111-64-5220 WORKERS COMP GF TREASURER 50.00 2922 WORKERS COMP 3RD QRT FY2024/25 01/01/25 12/24 1111-65-5220 WORKERS COMP 2,242.50 2922 WORKERS COMP 3RD QRT FY2024/25 01/01/25 12/24 2111-65-5220 WORKERS COMP 224.25 2922 WORKERS COMP 3RD QRT FY2024/25 01/01/25 12124 3111-65-5220 WORKERS COMP 672.75 2922 WORKERS COMP 3RD QRT FY2024125 01/01/25 12124 3131-65-5220 WORKERS COMP 224.25 2922 WORKERS COMP 3RD QRT FY2024/25 01/01/25 12124 4111-65-5220 WORKERS COMP 224.25 WORKERS COMP 3RD QRT FY2024125 01/01/25 12/24 9670-65-5220 WORKERS COMP 448.50 2922 11 WORKERS COMP 3RD QRT FY2024/25 01/01/25 12124 9675-65-5220 WORKERS COMP 448.50 2922 12 WORKERS COMP 3RD QRT FY2024/25 01/01/25 12/24 4111-67-5220 WORKERS COMP 373.75 2922 WORKERS COMP 3RD QRT FY2024/25 01/01/25 12/24 4121-67-5220 WORKERS COMP 373.75 14 WORKERS COMP 3RD QRT FY2024125 01/01/25 12/24 1111-70-5220 WORKERS COMPENSATION 5,262.75 2922 15 WORKERS COMP 3RD QRT FY2024125 01/01/25 12124 9670-70-5220 WORKERS COMP 2.255.50 2922 16 WORKERS COMP 3RD QRT FY2024/25 01/01/25 12/24 1111-75-5220 WORKERS COMP 625.00 WORKERS COMP 3RD QRT FY2024/25 01/01/25 12/24 9875-75-5220 WORKERS COMP 2,500.00 2922 18 WORKERS COMP 3RD QRT FY2024/25 01/01/25 12/24 9613-75-5220 WORKERS COMP 3.125.00 2922 19 WORKERS COMP 3RD QRT FY2024/25 01/01/25 12124 1111-80-5220 WORKERS COMP GF PLANNING 4.25 WORKERS COMP 3RD QRT FY2024/25 01/01/25 12/24 1111-85-5220 WORKERS COMP 1,009.25 2922 WORKERS COMP 3RD QRT FY2024/25 01/01/25 12/24 1111-92-5220 WORKERS COMP 2,700.00 WORKERS COMP 3RD QRT FY2024/25 01/01/25 12/24 4111-92-5220 WORKERS COMP 168.75 2922 WORKERS COMP 3RD QRT FY2024/25 01/01/25 4311-92-5220 WORKERS COMP 168.75 2922 WORKERS COMP 3RD QRT FY2024/25 01/01/25 12124 2111-92-5220 WORKERS COMP 337.50 2922 WORKERS COMP 3RD QRT FY2024/25 01/01/25 12/24 1111-94-6230 INSURANCE 2,803.50 Total 2922: 27,043.00
ORMSBY, MICHAEL
010225 1 RE-IMB NOOSIF DAY 01/02/25 01/25 1111-65-6122 TRAINING 68.55 Total 010225. 68.55
OWEN EQUIPMENT
65825 STREET SWEEPER -PARTS 12/18/24 12/24 1111-92-6190 MAINT OF BLDGS, STRUCT, GROUND 376.09 65825 STREET SWEEPER 12/18/24 12/24 2111-92-6190 MAINT OF BLDGS, STRUCT, GROUND 22.12 65825 STREET SWEEPER-PARTS 12/18/24 12/24 4311-92-6190 MAINT OF BLDGS, STRUCT, GROUND 44.25 City of lone Unpaid Invoice Report - UNPAID INV. REPORT Page: 13 Posting period: 01/25 Jan 03, 2025 11:57AM
Invoice Seq.# Description Invoice GL Peri GL Account Activity# GL Account Description Net Invoice Number Date Number Check Amount
Total 65825: 442.46
PG & E
1300942413-9X122 1 CITY PARK 12/01/24 12/24 1111-92-6170 UTILITIES 875.35 Total 1300942413-9X1224 875.35
1493085298-4X122 TRAIN DEPOT CITY YARD 12/01/24 12/24 1111-92-6170 UTILITIES 5.25 1493085298-4X122 TRAIN DEPOT CITY YARD 12/01/24 12/24 2111-92-6170 UTILITIES 5.24 1493085298-4X122 TRAIN DEPOT CITY YARD 12/01/24 12/24 3111-92-6170 UTILITIES 5.24 Total 1493085298-4X1224: 15.73
1707746359-8X122 1 LIFT PUMP 12/01/24 12/24 1111-92-6170 UTILITIES 259.57 Total 1707746359-8X1224: 259.57
2002821263-5X122 1 DAVE BRUBECK 12/01/24 12/24 1111-92-6170 UTILITIES 67.51 Total 2002821263-5X1224 67.51
2092727318-1X122 1 HOWARD PARK 12/01/24 12/24 1111-92-6170 UTILITIES 1,283.12 Total 2092727318-1X1224: 1,283.12
2134403982-7X122 1 HORSE ARENA 12/01/24 12/24 4311-92-6170 UTILITIES 265.55 Total 2134403982-7X1224: 265.55
2292622148-6X122 FD 2 12/01/24 1111-75-6170 UTILITIES 191.01 2292622148-6X122 FD2 12/01/24 9613-75-6170 251 UTILITIES 955.06 2292622148-6X122 FD 2 12/01/24 12/24 9675-75-6170 UTILITIES 764.05 Total 2292622148-6X1224: 1,910.12
2295434942-3X122 FIVE MILE DR 12/01/24 12/24 3131-92-6170 UTILITIES 39.55 Total 2295434942-3X1224: 39.55
City of lone Unpard Invoice Report - UNPAID INV. REPORT Page: 14 Posting period: 01/25 Jan 03, 11:57AM
Invoice Seq.# Description Invoice GL Peri GL Account Activity# GL Account Description Net Invoice Number Date Check Amount
2477984994-2X122 FD 1 12/01/24 12/24 9675-75-6170 UTILITIES 142.54 2477984994-2X122 FD 1 12/01/24 12124 9613-75-6170 UTILITIES 178.18 2477984994-2X122 FD 1 12/01/24 12/24 1111-75-6170 UTILITIES 35.64 Total 2477984994-2X1224 356.36
2728576498-4X122 1600 W MARLETTE 12/01/24 12/24 3111-92-6170 UTILITIES 26.28 Total 2728576498-4X1224: 26.28
2770243162-1X122 1E MAIN ST 12/01/24 12/24 1111-65-6170 UTILITIES 36.57 Total 2770243162-1X1224: 36.57
2811909826-8X122 1 WWTP 12/01/24 12/24 3111-92-6170 UTILITIES 26.28 Total 2811909826-8X1224: 26.28
2936909818-0X122 1 10100 FIVE MILE DR 12/01/24 12/24 3131-92-6170 UTILITIES 41.28 Total 2936909818-0X1224: 41.28
3034727877-9X122 1 MARLETTE&MANOR +Z/1012L 12/24 8221-92-6170 UTILITIES 86.45 Total 3034727877-9X1224: 86.45
3118061205-8X122 1 CFD LIGHTS 12/01/24 12/24 8221-92-8170 UTILITIES 1,980.58 Total 3118061205-8X1224: 1,980.58
3159727869-1X122 1 STREET LIGHTS 12/01/24 12/24 8221-92-6170 UTILITIES 2,309.47 Total 3159727869-1X1224: 2,309.47
5082729455-9X122 1 WELCOME SIGN 12/01/24 12/24 1111-92-6170 UTILITIES 29.51 Total 5082729455-9X1224: 29.51
7090487111-1X122 DEPOT PARK 12/01/24 12/24 1111-92-6170 225 UTILITIES 81.75 City of lone Unpaid Invoice Report - UNPAID INV. REPORT Page: 15 Posting period: 01/25 Jan 03, 2025 11:57AM
Invoice Seq.# Description Invoice GL Peri GL Account Activity# GL Account Description Net Invoice Number Date Number Check Amount
Total 7090487111-1X1224: 81.75
7283130664-1X122 1 PARK AND RIDE 12/01/24 12/24 2111-92-6170 UTILITIES 1,314.41 Total 7283130664-1X1224: 1,314.41
7290630706-0X122 1 BARNS 12/01/24 12/244311-92-6170 UTILITIES 35.19 Total 7290630706-0X1224: 35.19
8676007650-4X122 1 EB HALL 12/01/24 12/24 1111-92-6170 261 1,850.53 Total 8676007650-4X1224 1,850.53
9035594982-8X122 1 CFD 12/01/24 12/24 8221-92-6170 UTILITIES 295.28 Total 9035594982-8X1224: 295.28
9373962863-9X122 CITY HALL 12/01/24 12/24 3131-65-6170 UTILITIES 61.51 9373962863-9X122 CITY HALL 12/01/24 12/24 3111-65-6170 UTILITIES 307.57 9373962863-9X122 CITY HALL 12/01/24 12/24 2111-65-6170 UTILITIES 61.51 9373962863-9X122 CITY HALL 12/01/24 12/24 1111-65-6170 UTILITIES 799.69 Total 9373962863-9X1224: 1,230.28
PINNACLE ALARM
7536 ALARM 12/28/24 1111-65-6220 OTHER CONTRACTUAL SERVICES 68.25 7536 ALARM 12/28/24 12/24 2111-65-6220 OTHER CONTRACTUAL SERVICES 5.25 7536 ALARM 12/28/24 12/24 3111-65-6220 OTHER CONTRACTUAL SERVICES 26.25 7536 ALARM 12/28/24 12124 3131-65-6220 OTHER CONTRACTUAL SERVICES 5.25 Total 7536: 105.00
SERVPRO OF LODI, AMADOR/CALAVERAS
DAMAGES FROM FLOODING 343 PRESTON RD. 11/14/24 01125 3111-92-6190 Maint of Bidgs Struct & Ground 3,154.30 Total 3662: 3,154.30
City of lone Unpaid Invoice Report - UNPAID INV. REPORT Page: 16 Posting period: 01/25 Jan 03, 2025 11:57AM
Invoice Seq.# Description Invoice GL Peri GL Account Activity# GL Account Description Net Invoice Number Date Number Check Amount
SIERRA FOOTHILL FIRE EXTINGUISHER
16332 FIRE DEPT 12/27124 01/25 1111-75-6119 SAFETY EQUIPMENT 7.44 16332 FIRE DEPT 12/27124 01/25 9613-75-6119 SAFETY EQUIPMENT 37.18 16332 FIRE DEPT 12/27/24 01/25 9675-75-6119 SAFETY EQUIP. 29.73 Total 16332: 74.35
SLAKEY BROTHERS INC.
859059420 baseball-repairs 12/09/24 12/24 1111-92-6190 227 MAINT OF BLDGS, STRUCT, GROUND 44.85 859059420 baseball repairs 12/09/24 12124 2111-92-6190 MAINT OF BLDGS, STRUCT, GROUND 2.64 859059420 baseball-repairs 12/09/24 12/24 4311-92-6190 227 MAINT OF BLDGS, STRUCT, GROUND 5.28 Total 859059420: 52.77
SOMACH SIMMONS & DUNN
3022734 ARSA LITIGATION 12/12/24 12/24 3131-68-6221 PROF SERVICES -LEGAL 759.00 Total 3022734: 759.00
VITALANT
121824 EB HALL BLOOD DRIVE RENTAL DEPOSIT RETURN 12/18/24 12/24 1111-00-1119 DEPOSIT CLEARING ACCOUNT 700.00 Total 121824 700.00
VOLCANO COMMUNICATIONS GROUP
63360X010125 01/01/25 01/25 1111-75-6160 COMMUNICATIONS 23.54 63360X010125 FD 01/25 9613-75-6160 COMMUNICATIONS 117.71 63360X010125 01/01/25 01/25 9675-75-6160 COMMUNICATIONS 94.16 Total 63360X010125: 235.41
63376X010125 01/01/24 01/25 9675-75-6160 COMMUNICATIONS 27.98 63376X010125 FD 01/01/24 01/25 9613-75-6160 COMMUNICATIONS 34.98 63376X010125 FD 01/01/24 01/25 1111-75-6160 COMMUNICATIONS 7.00 Total 63376X010125: 69.96
WATERSTONE SERVICES, LLC
1025 JAN 2025 OPERATION OF WWTP, COLLECTIONS & 12/31/24 01/25 3111-92-6222 CONTRACT OPERATOR COSTS 19,760.00
RECLAMATION FACILITY
1025 JAN 2025 OPERATION OF WWTP, COLLECTIONS &
City of lone Unpaid Invoice Report - UNPAID INV. REPORT Page: 17 Posting period: 01/25 Jan 03, 2025 11:57AM
Invoice Seq.# Description. Invoice GL Pen GL Account Activity# GL Account Description Net Invoice Number Date Number Check Amount
RECLAMATION FACILITY 12/31/24 01/25 3131-92-6222 CONTRACT OPERATION COSTS 19,760.00 Total 1025: 39,520.00
WEST YOST ASSOCIATES
2059844 TITLE 22 UPDATE 08/31/24 12/24 3131-90-6220 PROF SERVICES - TERTIARY 3,334.50 Total 2059844: 3,334.50
2059845 Cease and desist order 08/31/24 12/24 3131-90-6212 PROF & SPEC SERV. - TERTIARY 2,956.50 2059845 Cease and desist order 08/31/24 12/24 3111-90-6212 PROF & SPEC SERVICES- ENGINEER 2,956.50 Total 2059845. 5,913.00
2059846 AS NEEDED WW SUPPORT 08/31/24 12/24 3131-90-6212 PROF & SPEC SERV. - TERTIARY 30,377.50 Total 2059846: 30,377 50
2060715 1 TITLE 22 UPDATE 10/31/24 12/24 3131-90-6220 PROF SERVICES - TERTIARY 9,151.25 Total 2060715. 9,151.25
2060716 Cease and desist order 10/31/24 12/24 3111-90-6212 PROF & SPEC SERVICES- ENGINEER 2,139.87 2060716 Cease and desist order 10/31/24 12/24 3131-90-6212 PROF & SPEC SERV. - TERTIARY 2,139.87 Total 2060716. 4,279.74
2060717 1 AS NEEDED WW SUPPORT 10/31/24 12/24 3131-90-6212 PROF & SPEC SERV. - TERTIARY 36,373.00 Total 2060717: 36,373.00
2060718 1 COVERAGE TEST AND BMP'S FOR COGC 10/31/24 12/24 3131-90-6212 PROF & SPEC SERV. - TERTIARY 8,126.00 Total 2060718: 8,126.00
2060900 1 TITLE 22 UPDATE 11/30/24 12124 3131-90-6220 PROF SERVICES - TERTIARY 11,593.50 Total 2060900: 11,593.50
2060938 Cease and desist order 11/30/24 12/24 3111-90-6212 PROF & SPEC SERVICES- ENGINEER 4,450.00 City of lone Unpaid Invoice Report - UNPAID INV. REPORT Page: 18 Posting period: 01/25 Jan 03, 2025 11:57AM
Invoice Seq.# Description Invoice GL Peri GL Account Activity# GL Account Description Net Invoice Number Date Number Check Amount
Total 2060938: 4,450.00
WIRELESS CCTV LLC
104741 POLICE CAMERA EQUIPMENT-RENTAL 12/24-01/25 12/24/24 12/24 9612-70-6167 IT HARDWARE 1,491.91 Total 104741. 1,491.91
Total: 442,849.02
Grand Totals: 442,849.02
Summary by General Ledger Account Number
GL Account Number Debit Credit Net
1111-00-1119 1,520.00 .00 1,520.00
1111-60-5220 20000 .00 200.00
1111-62-5220 550.25 550.25
1111-62-6120 7,860.18 00 7,860.18
1111-64-5220 50.00 50.00
1111-65-5211 504.90 .00 504.90
1111-65-5220 2,242.50 2,242.50
1111-65-6111 12.99 .00 12.99
1111-65-6122 68.55 .00 68,55
1111-65-6160 117.37 .00 117.37
1111-65-6163 53.22 53.22
1111-65-6170 984.05 984.05
1111-65-6220 296.22 .00 296.22
1111-65-6240 81.25 81.25
1111-68-6210 36,113.66 .00 36,113.66
1111-70-5211 819.84 421.40- 398.44
1191-70-5220 5,262.75 00 5,262.75
1111-70-6111 5456 .00 54.56
1111-70-6119 4.821.92 00 4,821.92
1111-70-6160 149.80 00 149.80
1111-70-6163 57.31 .00 57.31
City of lone Unpaid Invoice Report - UNPAID INV. REPORT Page: 19 Posting period: 01/25 Jan 03, 2025 11:57AM
Summary by General Ledger Account Number
GL Account Number Debit Credit Net
1111-70-6170 6844 .00 68.44
1111-70-6202 310.83 .00 310.83
1111-70-6240 262.50 .00 262.50
1111-75-5211 74.35 .00 74.35
1111-75-5220 625.00 .00 625.00
1111-75-6119 744 00 7.44
1111-75-6160 30.54 .00 30.54
1111-75-6163 8.19 .00 8.19
1111-75-6170 257.35 .00 257.35
1111-75-6201 238.83 238.63
1111-75-6202 2,140.75 00 2,140.75
1111-80-5220 4.25 .00 4.25
1111-85-5220 1.009 25 00 1,009.25
1111-85-6163 40.94 .00 40.94
1111-92-5211 214.48 .00 214.48
1111-92-5220 2,700.00 00 2,700.00
1111-92-6140 25.50 00 25.50
1111-92-6163 3275 .00 32.75
1111-92-6170 9,784.06 00 9.784.06
1111-92-6190 973.20 00 973.20
1111-92-6191 180.00 .00 180.00
1111-92-6201 921.30 .00 921.30
1111-92-8203 100.28 00 100.28
1111-94-5225 41.00 00 41.00
1111-94-6230 2,803.50 2,803.50
2111-65-5211 50.49 .00 50.49
2111-65-5220 224.25 00 224.25
2111-65-6111 1.00 - 1.00
2111-65-6163 409 4.09
2111-65-6170 72.88 00 72.88
2111-65-6220 22.78 22.79
2111-85-6240 6.25 6.25
2111-92-5211 26.81 26.81
2111-92-5220 337.50 .00 337.50
2111-92-6140 1.50 1.50
2111-92-6163 4.09 4.09
2111-92-6170 1,319.65 .00 1,319.65
2111-92-6190 57.25 57.25
City of lone Unpaid Invoice Report - UNPAID INV. REPORT Page: 20
Posting period: 01/25 Jan 03. 2025 11:57AM
Summary by General Ledger Account Number
GL Account Number Debit Credit Net
2111-92-6201 54.19 54.19
2111-92-6203 5.90 5.90
3111-48-4805 157.90 157.90
3111-60-5220 50.00 50.00
3111-65-5211 151.47 151.47
3111-65-5220 672.75 672.75
3111-65-6111 596.75 596.75
3111-65-6163 20.47 20.47
3111-65-6170 364.41 364.41
3111-65-6220 11393 00 113.93
31.25 .00 31.25
3111958212 9,546.37 9,546.37
3111-92-6170 180.67 00 180.67
3111-92-6190 6.001.76 .00 6,001.76
3111-92-6222 19,760.00 00 19,760.00
3131-65-5211 50.49 .00 50.49
3131-65-5220 224.25 00 224.25
3131-65-6111 1.00 00 1.00
3131-65-6163 4.09 .00 4.09
3131-65-6170 72.88 72.88
3131-65-6220 22.79 00 22.79
3131-65-6240 6.25 00 6.25
3131-68-6221 759.00 759.00
3131-90-6212 79,972.87 79,972.87
3131-90-6220 24,079.25 24,079.25
3131-92-6170 4.069.09 4,069.09
3131-92-6190 274.00 274.00
3131-92-6203 11,880.00 11,880.00
3131-92-6222 19,760.00 19,760.00
4111-65-5211 50.49 50.49
4111-85-5220 224.25 224.25
4111-67-5220 373.75 00 373.75
4111-92-5211 13.41 13.41
4111-92-5220 168.75 168.75
4121-67-5220 373.75 373.75
4311-92-5211 13.41 13.41
4311-92-5220 168.75 168.75
4311-92-6140 3.00 3.00
City of lone Unpaid Invoice Report - UNPAID INV. REPORT Page: 21 Posting period: 01/25 Jan 03, 2025 11:57AM
Summary by General Ledger Account Number
GL Account Number Debit Credit Net
4311-92-6163 4.10 .00 4.10
4311-92-6170 300.74 .00 300.74
4311-92-6190 114.51 .00 114.51
4311-92-6201 108.39 .00 108.39
4311-92-6203 11.80 .00 11.80
8221-92-6170 5,210.85 .00 5,210.85
8221-92-6190 2,44200 .00 2,442.00
9111-50-6125 17,796.00 .00 17,796.00
9511-50-9211 455.06 455.06
9511-50-9311 3,039.26 .00 3.039.26
9519-00-2261 108,584.00 .00 108,584.00
9520-50-6114 215.00 215.00
9612-70-6167 1.491.91 .00 1,491.91
9613-75-5211 371.73 .00 371.73
9613-75-5220 3,125.00 .00 3,125.00
9613-75-6119 3718 .00 3718
9613-75-6160 15269 .00 152.69
9613-75-6163 40.94 00 40.94
9613-75-6170 1,286.74 00 1,286.74
9613-75-6201 1,193.15 .00 1,193.15
9613-75-6202 10,703.77 .00 10,703.77
9670-65-5211 100.98 .00 100.98
9670-65-5220 448.50 .00 448.50
9670-70-5211 351.36 180.60- 170.76
9670-70-5220 2,255.50 .00 2.255.50
9670-70-6111 23.38 .00 23.38
9670-70-6119 2,066.54 .00 2,066.54
9670-70-6160 64.20 .00 64.20
9670-70-6163 24.56 24.56
9670-70-6170 29.33 .00 29.33
9670-70-6202 133.21 .00 133.21
9870-70-6240 112.50 .00 112.50
9675-65-5211 100.98 00 100.98
9675-65-5220 448.50 00 448.50
9675-75-5211 297.38 .00 29738
9675-75-5220 2,500.00 .00 2,500.00
9675-75-6119 29.73 .00 29.73
9675-75-6160 122 14 00 122.14
City of lone Unpaid Invoice Report - UNPAID INV. REPORT Page: 22 Posting period: 01/25 Jan 03, 2025 11:57AM
Summary by General Ledger Account Number
GL Account Number Debit Credit Net
9675-75-6163 32.75 .00 32.75
9675-75-6170 1.029.39 1,029.39
9675-75-6201 954.52 00 954.52
9675-75-6202 8,563.01 00 8,563.01
Grand Totals. 443,451.02 602.00- 442,849.02
Summary by General Ledger Posting Penrod
GL Posting Period Debit Credit Net
06/24 807.50 807.50
13/24 108,584.00 108,584.00
12/24 271,79384 271,793.84
01/25 62,265.68 602.00- 61,663.68
Grand Totals
443,451.02 602.00- 442.849.02
Agenda Item #12
RESOLUTION 2025-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE DESIGNATING
AUTHORIZED SIGNERS FOR ALL ACCOUNTS AT BANK OF MARIN
of deposite Bask be Mia Council of the City of Tone has a checking, savings and cerificae WHEREAS, banks with whom the City of lone does business normally require a City resolution designating which City officials are authorized to open bank accounts and to execute hecks and other orders for payment of City funds; and
WHEREAS, the City Council desires to designate certain City officials to open bank accounts and to execute checks and other orders for payment of City of lone funds.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Ione that the bank of Marin, as designated depository for the City of lone, authorized and directed to honor all checks, drafts, withdrawals or other orders for payments of monies drawn against the City of Ione on its existing accounts, when bearing the signatures of two of the following:
City Manager, George Lee
City Treasurer, Lisa Vicari
Mayor, Stacy Rhoades
Finance Manager, Michael Ormsby
RESOLVED FURTHER THAT this resolution shall be in supersession of all or any previous resolution passed in regard to the operation of the above-mentioned bank accounts.
The foregoing resolution was duly introduced and adopted by the City Council of the City of lone at their regular meeting held on January 7, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Stacy Rhoades, Mayor
Attest:
-
Janice Traverso, City Clerk
RESOLUTION NO. 2025-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE
APPOINTING REPRESENTATIVE AND ALTERNATE
REPRESENTATIVE TO THE NORTHERN CALIFORNIA CITIES SELF
INSURANCE FUND BOARD OF DIRECTORS
WHEREAS, the City of lone is a party to the Joint Exercise of Powers Agreement for the Northern California Cities Self Insurance Fund, and, as such, is a founding Member Agency of the Northern California Cities Self Insurance Fund (NCCSIF), as that term is defined in the Joint Exercise of Powers Agreement, and
WHEREAS, pursuant to the Joint Exercise of Powers Agreement, each Member Agency of NCCSIF is required to appoint a Director and an Alternate Director to act in the Director's absence, to represent the City as if the City itself were present and acting on the NCCSIF Board of Directors for all matters which come before such board of Directors, and also for the Director to be eligible for serving on the NCCSIF Executive Committee; and
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby appoints Michael Ormsby, Finance Manager, to serve as its Director on the NCCSIF Board of Directors to act on behalf of the City, a Member Agency of NCCSIF, on all matters to come before the Board of Directors, as if the City itself were present and acting at such meeting, and for such Director to be eligible for serving on the NCCSIF Executive Committee; and appoints George Lee, City Manager to serve as Alternate Director in the absence of the Director.
BE RESOLVED FURTHER, that the City Manager, or a designee, be instructed to inform the Secretary of NCCSIF of the above appointment by sending a certified copy of the resolution to NCCSIF's business office.
The foregoing resolution was duly introduced and adopted by the City Council of the City of Ione at their regular meeting held on January 7, 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Stacy Rhoades, Mayor
ATTEST:
Janice Traverso, City Clerk
CITY OF JONE
IONE. CA 95640
Agenda Item #I4
DATE: JANUARY 7, 2024
TO: CITY COUNCIL
FROM: SUSAN M. PETERS, CITY PLANNER
SUBJECT: CATHOLIC CHURCH BOUNDARY LINE ADJUSTMENT
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2025-03 approving a Boundary Line Adjustment for the Catholic Church (APN's 004-250-002 & 003).
DISCUSSION
Toma & Associates, Inc. have submitted Parcel Map No. 2924 implementing a Boundary Line Adjustment for the Catholic Church. The application is in accordance with the City's Municipal Code Section 16.28 Final Maps. The adjustment is to relocate lot lines to provide a separate lot for the Rectory.
The City Engineer has reviewed the BLA and takes no exception to the proposal. Additionally, the lot sizes resulting from the proposed adjustment are consistent with Zoning and General Plan requirements.
RESOLUTION NO. 2025-03
APPROVING PARCEL MAP NO. 2924
BOUNDARY LINE ADJUSTMENT FOR
CATHOLIC CHURCH
APN 004-250-002 & 003
to Tone Municipal S, de Chapter Ch anch has applied for a Boundary Line Adjustment pursuan WHEREAS, application for the boundary line adjustment has been processed in accordance with the Municipal Code and reviewed by the City Planner and City Engineer an found to be in compliance with the provisions of State Law and City Code; an WHEREAS, boundary line adjustments are categorically exempt from the California Environmental Quality Act in accordance.with Section 15305 of the California Code of Regulations.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of lone does hereby approve Parcel Map No. 2924 adjusting the boundary line between APN 004-250-002 and APN 004-250-003 for the Catholic Church
The foregoing resolution was duly introduced and adopted by the City Council of the City of lone on January 7, 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Stacy Rhoades, Mayor
Attest:
Janice Traverso, City Clerk
Agenda Item #15
AGREEMENT FOR CITY ATTORNEY SERVICES
THIS AGREEMENT FOR CITY ATTORNEY SERVICES ("Agreement") is made and entered into by and between City of lone, a California municipal corporation ("City"), and the law firm of White Brenner LLP, a California limited liability partnership ("Firm"). City and Firm may be referred to herein individually as a "Party" or collectively as the "Parties." There are no other parties to this Agreement.
RECITALS
A. Firm submitted a proposal to City to provide City Attorney services and to act as City's designated City Attorney ("City Attorney").
On December 17, 2024, at its regular meeting, the City of Ione City Council appointed Firm to be its City Attorney on a contract basis, and authorized execution of a Temporary Agreement for City Attorney Services (executed on December 19, 2024) ("Temporary Agreement").
C. The Parties executed the Temporary Agreement for the purpose of transferring information and job duties from the outgoing City Attorney to Firm. This Agreement shall take the place of the Temporary Agreement and upon its execution, the Temporary Agreement shall have no further force or effect.
D. The Parties seek to enter into this Agreement to authorize Firm to provide legal counsel services to City as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants entered into between the Parties, and in consideration of the benefits that accrue to each, it is agreed as follows:
AGREEMENT
Section 1. Recitals. The recitals set forth above are incorporated herein by this reference and made part of this Agreement. In the event of any conflicts between the recitals and the sections contained in this Agreement, the sections will prevail.
Section 2. Appointment. City hereby retains Firm to provide all legal services required by City, and Firm hereby agrees to perform such legal services and scope of work set forth in Exhibit A to this Agreement ("Legal Services"). The City Manager is authorized and charged with executing and administering this Agreement. Joshua Varinsky is hereby appointed City Attorney for City, and Douglas L. White is hereby appointed as Deputy City Attorney for City. City Attorney shall be solely responsible for the appointment of any other Deputy City Attorney following execution of this Agreement. City Attorney may from time to time assign other attorneys employed by Firm to perform the Legal Services set forth in this Agreement.
Section 3. Effective Date. This Agreement shall be deemed effective as of December 17, 2024 (the date on which Firm was appointed as City Attorney) ("Effective Date").
Agreement for City Attorney Services
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Section 4. Amendment. The Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by both Parties. Any non-material change to the Agreement may become effective following approval of such change in writing as authorized by City and Firm and shall not require the approval of the City Council.
Section 5. Compensation and Services.
5.1. Standard of Performance. Firm shall perform all Legal Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Firm is engaged. Firm shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Firm's profession.
5.2. Time. Firm shall devote such time to the performance of the Legal Services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 5.1 above and to satisfy Firm's obligations hereunder.
5.3. Rates for Legal Services. The Parties agree that Firm will be compensated for performing the Legal Services as follows:
a. December 2024. For the period between December 17, 2024 and December 31, 2024, City agrees to pay. to Firm the following amount for all Legal Services performed during this period: Two Thousand Seven Hundred Fifty Dollars ($2,750.00). b. Initial Term. For the period of January 2025 through March 2025, each month City shall pay to Firm Eleven Thousand Dollars ($11,000.00). In exchange for this compensation, City shall be entitled to receive up to forty (40) hours for all General Municipal and Special Counsel Legal Services provided by Firm (as defined herein). All time for the Legal Services in excess of forty (40) hours shall be charged on an hourly basis, as provided in subsection (c) below. In the event Firm provides more than forty (40) hours of General Municipal and Special Counsel Legal Services during any month, time for the General Municipal Legal Services will be applied to the 40-hour limit first (prior to applying time for Special Counsel Legal Services).
Reimbursable Services (as described herein) shall be excluded from the 40-hour limit and will be billed on an hourly basis.
c. April 1, 2025 and After. Beginning on April 1, 2025, all time for the Legal Services shall be charged on an hourly basis, as follows:
(i) General Counsel Legal Services. City shall pay Firm a blended rate of Two Hundred Fifty Dollars ($250.00) for all attorneys (partners, of counsel, and associates), paralegals, and law clerks for all General Counsel Legal Services.
(ii) Special Counsel Legal Services. City shall pay Firm a blended rate of Three Hundred Fifty Dollars ($350.00) for all attorneys (partners, of counsels, and associates), paralegals, and law clerks for all Agreement for City Attorney Services
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Special Counsel Legal Services which include, but are not limited to, review and preparation of contracts, land use and real estate matters, litigation, water, matters paid for by enterprise funds, complex environmental, and labor and employment services.
Special Counsel Legal Services will be provided in addition to, and billed separately from, the General Counsel Legal Services. (ill) Reimbursable Services. City shall pay Firm a blended rate of Three Hundred Ninety-Five Dollars ($395.00) per hour for all attorneys (partners, of counsel, and associates), paralegals, and law clerks tor all cost recovery Legal Services for City. Reimbursable Legal Services include, but are not limited to, developer funded land use projects or bond financing. Reimbursable Legal Services will be provided in addition to, and billed separately from, General Counsel and Special Counsel Legal Services.
(iv) CPI Increase. The rates herein will be adjusted annually on January year-to-year or cumulative decrease in the CPI during the Term of this Agreement (as defined below)
Outside Counsel. If Firm requires assistance from attorneys not associated or affiliated with Firm who specialize in a specific field (e.g., workers compensation attorney), Firm vill charge, and City agrees to pay, the billing rates for those attorneys. Firm shall obtain the consent of the City Manager prior to engaging any attorney not affiliated or associated with Firm
5.5. Costs, Expenses & Advances.
actual cost of the service obtained and there shall be no mark-up of the Costs by the Firm. Costs & Advances include, but are not limited to: copying and printing, outside courier service, court runner service, court reporter services, and transportation costs. An additional technology fee of Two and ½ Percent (2.5%) will be charged to each matter. Automobile mileage paid by City will be calculated at the rate per mile that is provided by the Internal Revenue Service at the time the expense is incurred. City shall pay Costs & Advances for reasonable expenses associated with meals and lodging in accordance with City's policy for such reimbursements. All Costs & Advances shall be itemized on the Firm's monthly invoice to City and shall be due pursuant to Section 5.7 of this Agreement.
Agreement for City Attorney Services
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Firm shall not charge City for travel time to City Council meetings, including travel expenses such as mileage costs. All other travel time and related expenses shall be charged to City.
Included Services. Notwithstanding any other provision in this Agreement to the contrary, City will not be required to pay any separate or additional charge for the following:
Secretarial, word processing, or clerical services which are included in the hourly rates of the Firm's legal professionals; and
b. Charges associated with telephone or facsimile services.
5.7. Invoices and Statements.
a. Firm shall provide City with an itemized statement or invoice for fees, costs, expenses, and advances incurred on a monthly basis. All statements and invoices shall indicate the basis for all charges, including the hours worked or cost incurred, the hourly rate, and a brief description of the work performed. Firm will establish separate billing projects for specific matters and funding categories as City may direct.
Payments shall be made by City to Firm within thirty (30) days of receipt of any statement or invoice, except for those specific items on an invoice that are contested or questioned and are returned by City with a written explanation of the question or contest within thirty (30) days of receipt of the statement or invoice. Payments made to Firm more than thirty (30) days after the due date shall draw interest at ten percent (10%) per annum, except as otherwise set forth herein.
5.8. Payment of Taxes. Firm is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
5.9. Authorization to Perform Services. Firm is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from City.
Section 6. Term and Termination. This Agreement shall begin on the Effective Date and shall continue until terminated by City or Firm upon thirty (30) days' advance written notice to the non-terminating Party (the "Term"). Upon termination, Firm shall be entitled to, and City shall immediately pay, all amounts owed to Firm. City, however, may condition payment of such compensation upon Firm delivering to City copies of any or all reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, specifications, records, files, or any other documents or materials, in electronic or any other form, that Firm prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder. Originals of attorney work product shall remain the property of the Firm.
Agreement for City Attorney Services
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Section 7. Independent Contractor. Firm shall perform all Legal Services required under this Agreement as an independent contractor of City and shall remain, at all times as to City, a wholly independent contractor with only such obligations as are required under this Agreement.
Neither City nor any of its employees shall have any control over the manner, mode, or means by which Firm, its agents, or employees, render the Legal Services required under this Agreement, except as otherwise set forth. City shall have no voice in the selection, discharge, supervision, or control of Firm employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service.
Section 8. Conflicts.
8.1. No Present Conflicts. Firm has no present or contemplated employment that is adverse to City. Firm agrees that it shall not represent clients in matters, either litigation or non- litigation, against City. However, Firm may have past and present clients, or may have future clients, who, from time to time, may have interests adverse to City, and Firm reserves the right to represent such clients in matters not connected with its representation of City.
8.2. Duty to Disclose Future Conflicts. If a potential conflict of interest arises in Firm's representation of two clients, if such conflict is only speculative or minor, Firm shall inform City and seek waivers from each client with regard to such representation.
8.3. No Conflict in Violation of Government Code Section 1090. Firm may serve other clients, but none whose activities are within the corporate limits of City or whose business, regardless of location, would place Firm in a "conflict of interest," as that term is defined in the rules of professional responsibility governing Firm's profession, unless such conflict may be waived by City and City chooses to waive such conflict in writing.
Section 9. Errors and Omissions Insurance Coverage.
9.1. Insurance Coverage. During the Term of this Agreement, Firm shall at all times maintain insurance coverage for Errors and Omissions with a limit not less than One Million Dollars ($1,000,000.00) per occurrence and Three Million Dollars ($3,000,000.00). A certificate of insurance shall be provided to City within thirty (30) days of execution of this Agreement. In the event that any coverage required by this Section is reduced, limited, or materially affected in any manner, Firm shall provide written notice to City at Firm's earliest possible opportunity and in no case later than thirty (30) days after Firm is notified of the change in coverage.
9.2. Remedies. In addition to any other remedies City may have, if Firm fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Firm's breach:
a. Order Firm to stop work under this Agreement or withhold any payment that becomes due to Firm hereunder, or both stop work and withhold any payment, until Firm demonstrates compliance with the requirements hereof; or Agreement for City Attorney Services
(CW130914.9) Page 5
4930-8975-5403, V. 9
Terminate this Agreement.
Section 10. Indemnification. Firm agrees to indemnify and hold harmless City, the members of its governing City Council and its officers, agents, and employees from and against all demand, claims, damages, losses, liabilities, expenses, or costs including reasonable attorney's fees and court costs, arising out of Firm's willful misconduct, or negligent or reckless acts, errors, or omissions of services contemplated by this Agreement, except however, for any such demands, claims, damages, losses, liabilities, expenses and/or costs resulting from the willful misconduct, reckless acts, errors or omissions, or negligence of City or its pro rata share of negligence.
Section 11. Legal Requirements.
11.1. Governing Law. The laws of the State of California shall govern this Agreement.
11.2. Compliance with Applicable Laws. Firm and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
11.3. Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Firm and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
11.4. Licenses and Permits. Firm represents and warrants to City that Firm and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature legally required to practice their respective professions. Firm represents and warrants to City that Firm and its employees, agents, and any outside counsel shall, at their sole cost and expense, keep in effect at all times during the Term of this Agreement any licenses, permits, and approvals legally required to practice their respective professions. In addition to the foregoing, Firm and any outside counsel shall obtain and maintain during the Term of this Agreement any required business licenses from City.
Section 12. Work Product.
12.1. Records Created as Part of Firm's Performance. Firm hereby agrees to deliver copies of all reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Firm prepares or obtains pursuant to this Agreement to City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use.
12.2. Firm's Books and Records. Firm shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Firm pursuant to this Agreement.
Agreement for City Attorney Services
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Inspection and Audit of Records. Any records or documents that Section 12.2 of this Agreement requires Firm to maintain shall be made available for inspection, audit, or copying at any time during regular business hours, upon oral or written request of City.
Section 13. Notices. Any notice or communication pertaining to this Agreement shall be sent to the addresses below and be deemed delivered when in writing and delivered personally; or deposited with a courier service or in the United States mail; or by email based on the date shown on the sent email. All notices and communications sent by personal delivery, courier service, or mail shall be accompanied by a copy sent by email to the addresses specified below. Either Party may update the contact information below at any time.
If to City: City of lone
1 E. Main St.
Ione, CA 95640
Attn: City Manager
Email: [email protected]
If to Firm: White Brenner, LLP
1608 T St. •
Sacramento, CA 95811
Attn: Josh Varinsky
Email: [email protected]
Tel: (916) 468-4578
Section 13. General Provisions.
Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement are declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties herein.
Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall be deemed one and the same instrument.
Entire Agreement. This Agreement, together with its specific references, attachments, and exhibits, constitutes all of the agreements, understandings, representations, conditions, warranties and covenants made by and between the Parties hereto with respect to the subject matter of this Agreement. Unless set forth herein, neither Party shall be liable for any representations made, expressed or implied, not specifically set forth herein.
Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities Agreement for City Attorney Services
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herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by the state or federal law in order to enter into this Agreement had been fully complied Document Preparation. This Agreement will not be construed against the Party preparing it but will be construed as if prepared by both Parties.
Advice of Legal Counsel. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel and based upon the advice of that counsel, freely entered into this Agreement.
g. Waiver. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
Attorney's Fees and Costs. If any action at law, or in equity, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
[ Signatures on following page ]
Agreement for City Attorney Services
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IN WITNESS WHEREOF, this Agreement has been entered into by and between City and Firm as of the Effective Date.
CITY OF IONE,
a California municipal corporation
By:
George Lee, City Manager
Date Signed:
WHITE BRENNER, LLP
a California limited liability partnership
By:
Douglas L. White
Date Signed:
Agreement for City Attorney Services
(CW130914.91 Page 9
4930-8975-5403, v. 9
EXHIBIT A
SCOPE OF WORK
• Represent and provide legal advice and consultation on a regular basis to the City and City Staff as requested or required. Contacts are usually made by email or telephone, and same- day response is typically expected.
• Attend monthly City Council meetings (when necessary) by Zoom or in person and be prepared to advise the City Council on matters on the agenda as well as procedural or substantive issues that arise during the meeting.
• Coordinate and manage the services and costs of all outside or special legal counsel within budgetary limits as approved by the City Council.
• Recommend policies and procedures that comply with the requirements of the law. • Keep the City Council and City Staff informed of legislation or judicial opinions that have potential impact to the City.
• Prepare, review, and revise staff documents, including, but not limited to, initiation of memorandums concerning legal issues, contracts, agreements, ordinances, meeting agendas, resolutions, land use decisions on appeal, and staff reports for the legal support of City functions and duties.
• Provide staff assistance, legal research, and counseling related to the acquisition or sale of property, preparation of leases, deeds and easements, agreements, utility franchise agreements, operations governed by law, liability situations, grant guidelines, pension law, personnel, employee relations, and other matters as necessary requiring legal advice.
Provide guidance concerning the requirements of the Brown Act, Conflict of Interest (AB 1234), the Political Reform Act, the Public Records Act, due process, and other legal requirements imposed by statute and common law.
• Provide guidance and assist with the Proposition 218 process as it relates to rate increases by City.
• Assist with responses to Public Records Act requests when needed. • Research and interpret laws, court decisions, and other legal authorities in order to prepare legal opinions and to advise the City Council and City Staff on legal matters pertaining to City operations.
• Represent the City as requested before other governmental bodies and agencies to promote the interest of the City.
• Perform other legal duties as may be required by the City as may be necessary to complete the performance and functions mentioned above.
• Promptly return all phone calls from the City Council and City Staff. {CW130914.9)
4930-8975-5403, v. 9
OF TONT
CITY OF TONE
IONE, CA 95640
FORNIR
Agenda Item #K1
DATE: January 7, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: George Lee
SUBJECT: Lights at Howard Park
RECOMMENDED ACTION: Authorize City Manager to proceed in facilitation of parking lot lights at Howard Park.
FISCAL IMPACT: IBCA to contribute $ 20,000 and manpower Ione Rotary to contribute $ 20,000 and manpower
City of Ione to contribute cost of concrete bases comes to +/- $2,500 each light.
BACKGROUND: With the recent grade improvements at Howard Park near the Horse Arena being contributed by Thomas Borge, the IBCA and lone Rotary wanted to participate and contribute in further by the way of installing lighting in the parking area.
An efficient way to do this was through solar lighting. Please attachment for their informational brochure.
DISCUSSION: The company's original bid was $ 6,260.000 per light (total: $ 53,753.00 including shipping & handling). After some back and forth staff was able to negotiate the rice down to $ 5,054.00 per light (total of $ 44,940.00 including shipping and handling) This resulted in a total price deduction of $ 8,813.00
The lights would be extremely helpful in providing light as there no lighting at all. Based on how these lights perform, they could be considered in other areas of Howard Park which is sorely needed.
ATTACHMENTS: Brochure and lot plan
FONROCHE
Fonroche Lighting America
lighting AMERICA 4900 David Strickland Rd.
Forest Hill, TX 76119
(817) 516-2056
Opportunity Owner Jacob Fox Quote Number 00084302
Payment Terms 50% deposit, 50% Net 30 from Ship Quote Name G8601-loneCA-CharlesHowardParkLol-RevA Date-contingent on credit approval Quote Date 11/20/2024 Shipping Terms Prices are FOB Origin Quote Expiration 2/20/2025 Date
Est. Lead Time Within 6 Weeks
Ship To Name Amador County, CA
Ship To United States
Shipping estimated; final cost determined on day of shipping and added to invoice.
Beware of Fraud: Any advance payment request will only be made on the basis of a proforma invoice sent by Fonroche Lighting America.
Fonroche Mode Price
Fenroche Product Descretion Quantity Amount
Number System
SmartLight Assembly with 1248Wh-24V NiMH Battery, special extreme temperature (from -40 F to +158 F), 1 x 410W solar module with Top of Pole assembly and 2[T54-CK16B-4K-T4] Intelligent management/control system. Provisioned for TWIN Fixture configuration. [P410F-4PJHW-MC Twin Essential (Formerly CK16B) Fixture 4K Color Temp.-Type 4 Fixture Color: BK - .
Fixture Color: BK Power Assembly color is black. Mount: High wind and enhanced marine coating.
POLE: 25Ft. Round 25Ft. Round Tapered Pole-Anchor Base-2-4FT Arm --Pole Color is BK USD USD Tapered 8 Year Warranty All Night Lighting 365 Days a Year - Full Battery Replacement 6,169.00 8.00 49,352.00 Pole-Anchor Assumes No Shading | Assumes little or no snow Base-2-4FT Arm
-Pole Color: BK 10 Degrees Tilt
100% =27 Watts worst case conditions. T-PM: 5 hrs. @100% | T-N (Balance of night) @30% | T-AM: 1 hrs. @100%
Total Line Items USD 49,352.00
Shipping and USD 4,401.00
Handling
Quote Total USD 53,753.00
This quotation is subject to the following terms and conditions Seller's Terms and Conditions of Sale in effect on the date of this order shall apply to this quote and are hereby incorporated by reference.
Seller's Terms and Conditions of Sale may be viewed at https://www.fonrochesolarighting.com/about-us/terms/ 22222E
TIPs INTERLOCAL Allied States
BuyBoard прр gov
Cooperative
AWARDED VENDOR • ESC *19
FONROCHE
Fonroche Lighting America
lighting AMERICA 4900 David Strickland Rd.
Forest Hill, TX 76119
(817) 516-2056
Opportunity Owner Jacob Fox Quote Number 00084302
Payment Terms 50% deposit, 50% Net 30 from Ship Quote Name G8601-loneCA-CharlesHowardParkLot-RevA Date-contingent on credit approval Quote Date 11/20/2024 Shipping Terms Prices are FOB Origin Quote Expiration 2/20/2025 Date
Est. Lead Time Within 6 Weeks
Ship To Name Amador County, CA
Ship To United States
Shipping estimated; final cost determined on day of shipping and added to invoice.
Beware of Fraud: Any advance payment request will only be made on the basis of a proforma invoice sent by Fonroche Lighting America.
Fonreone Model
Fenroche Product Description Price Quantity Amount
Number System
SmartLight Assembly with 1248Wh-24V NiMH Battery, special extreme temperature (from -40 F to +158 F), 1 x 410W solar module with Top of Pole assembly and 2[T54-CK16B-4K-T4] Intelligent management/control system. Provisioned for TWIN Fixture configuration. (P410F-4P]HW-MC Twin Essential (Formerly CK16B) Fixture 4K Color Temp.-Type 4 Fixture Color: BK - .
Fixture Color: BK Power Assembly color is black. Mount: High wind and enhanced marine coating.
POLE: 25Ft. Round 25Ft. Round Tapered Pole-Anchor Base-2-4FT Arm -Pole Color is BK USD USD Tapered 8 Year Warranty All Night Lighting 365 Days a Year - Full Battery Replacement 5,054.00 8.00 40,432.00 Pole-Anchor Assumes No Shading | Assumes little or no snow Base-2-4FT Arm
--Pole Color: BK 10 Degrees Tilt
100% =27 Watts worst case conditions. T-PM: 5 hrs. @100% | T-N (Balance of night) @30% | T-AM: 1 hrs. @100%
Total Line Items USD 40,432.00
Shipping and USD 4,508.00
Handling
Quote Total USD 44,940.00
This quotation is subject to the following terms and conditions Seller's Terms and Conditions of Sale in effect on the date of this order shall apply to this quote and are hereby incorporated by reference Seller's Terms and Conditions of Sale may be viewed at https://www.fonrochesoladlighting.com/about-us/terms/ Pricing is based on Fonroche Lighting America's Standard Terms & Conditions and any additional terms stipulated herein. It is the Representative's responsibility to convey these terms to the customer. Without prior written approval from Fonroche Lighting America's Sales rector, any deviation from these terms may constitute a change in this pricing at the time of order. In the event that Fonroche Lighti nerica is unable recuperate difference in pricing from end customer, it may deduct the difference from representative's commissic (TIPS Allied States
BuyBoard npp gov
Cooperative
AWARDED VENDOR ESC*19
FONROCHE
lighting AMERICA
APPLICATION DESIGN
Charles Howard Park Parking Lot
lone - CA
Connors Building -
Oklahoma City, OK
Project Number: G8601
Date: 11/20/2024
Written by: Mateo CHEVALIER
Version : A
The global leader in solar lighting FONROCHE
"UNIRO AMERICA
Fonroche Lighting America is proud to be part of Fonroche Lighting, the global leader in off-grid solar street lighting. The deep resources and broader scope of an established market leader lets us take solar lighting even further, from the State Treasury in Salem, Oregon to the West African Republic of Senegal. Over 150,000 Fonroche SmartLight systems have been deployed worldwide.
With five offices in the USA and installations across the country, Fonroche is never far away. Some solution providers enter the solar lighting market-then move on. We're a reliable partner that sticks around. You get the responsive support and smart answers that you need now-and the confidence that we'll be here for you far in the future. And we can take on projects of any size, from local to national. That's why so many municipalities, military and federal facilities, tribes, commercial properties, The 3 key beneffis and developers trust us to deliver the full promise of solar lighting. for your project
- OFF-GRID
100% solar, not connected to the utility
grid. No outages
365 nights of light a year - guaranteed
- POWERFUL
Powerful illumination, on a par with
grid-connected systems.
- COST-EFFICIENT
No maintenance for the first 10 years.
Olton City Park - Olton, TX Rapid installation. No operating costs.
Feasibility of your solar lighting project
To guarantee powerful, cost-effective off-grid lighting, Fonroche operates its own design offices.
We assess the feasibility of each project in four stages:
1. First, we define your lighting requirements.
2. Next, we analyze the last 10 years of local weather
data to determine how much energy our PV panels
will generate.
3. On this basis, we calculate what size and how
many products we need to install.
4. Finally, our sales team draws up a cost estimate.
Fonroche Lighting America - Design Office
Rightsized to your specific needs → FONROCHE
NUTE AMERICA
1 Project = 1 Study
1 10-Year Analysis of local
weather data
2 We use the PVsyst software suite and Meteonorm
historical time series irradiation data to calculate the Simulation of products) over real-world operating conditions - orientation and tilt angle of the panel, shadow, etc. - and external
a typical year parameters, such as direct and diffuse irradiation, Our teams have developed a solar sizing temperature and the solar calendar. software application, which
determine which products will best meet your
needs. We then simulate how these products
operate over a typical year, based on the
average conditions for the last decade. 3
Sizing the project to your needs
We use a set of key criteria to optimally specify your
project:
Results
panel vs. energy used by the system
Based on our experience, we propose the • Worst-case scenario (lowest irradiation, longest optimal solution in terms of lighting night)
performance and cost effectiveness.
Autonomy of
365
nights of lighting /ye
Fonroche Lighting America - Design Office
Our technical proposal → FONROCHE
SMARTLIGHT SYSTEM CONFIGURATION
Years
Non pro-rated
POW: 363
Project-Specific System Specifications
V.
PHOTOVOLTAIC MODULE 30
Years
PV panel power rating 410 Wp
PV panel tilt angle 10°
POWER 365: SMART STORAGE
AND MANAGEMENT
Chosen lighting profile for your project
Battery capacity 1248 Wh
(Must be NiMH)
NIGHT
LED LIGHT UNIT 20
years
DAY DAY
Lighting power 2 x 30 W nominal
100% 100%
LED light unit specification 4000K - 180 Lm/w
30%
mnrise
Pole height / Arm Length / 25' / 4' arm/ Sh xh 1h
Base type 3' Concrete Anchor Base
• Light intensity
Protective treatment Powder Coated
Fonroche Lighting America - Design Office
Photometric survey results FONROCHE
g AMERICA
Average lighting Uniformity
Zone Minimum Spacing Quantity
level (fc) (Avg/Min)
Parking Lot 0.50 0.1 5.0 100ft typical 8
TOTAL 8
Design target : 0.5 fc average, 0.1 fc minimum
Photometric assumes each pole is mounted on a 3' AFG base, and no shading on the solar panel
Choose Fonroche - and we will reduce your environmental footprint.
A standard streetlight consumes in average 80 W during 4200 h per year which represents 0.08x4200 x number of solar streetlight = X kWh of energy saving.
Once installed, solar lighting reduces
CO, emissions by 1kWh = 0.99 Ibs CO,
compared to a grid-connected installation. (https://www.eia.gov/) Recycling our components
Long product service life and component recyclability are key aspects of Fonroche Lighting's environmental commitments.
Our solar streetlights are over 90% recyclable.
Unlike lead-acid batteries, NiMH batteries do not contain any toxic chemicals. They are 98% recyclable - the nickel is extracted and used to make various materials, mostly stainless steel.
The solar panels have an extremely long service life. Even after 25 years, they will still be producing at least 80% of their initial peak power. So they can continue to be used. Alternatively, about 96% of their component materials can be recycled to make new panels.
Fonroche Lighting America Design Office
FONROCHE
PHOTOMETRIC
STUDY
*Note: these results are only valid if the Smartlight PV panel is at an azimuth angle of zero degrees and is completely free of shadow.
**These results are subject to change due to technological or regulatory advances. This technical report is valid for 60 days from the date you receive it.
Fonroche Lighting America Design Office
Charles Howard Park Parking Lot FONROCHE
ghting AMERICA
4900 David Strickland Road
By: Mateo Chevalier Fort Worth, TX 76119
Lighting Plan RevA [email protected] Number: (339) 225 4530 Project Number: G8601 Date:20/11/2024 www.fonrochesolarlighting.com -Google
100 it
Luminaire Schedule
Symbol Qty T Label Arrangement LLF Luminaire Luminaire Mounting Arm Lumens Watts Height
8 T4-CK16B-4000K. BACK-BACK 0.900 4671 27 30 4.57
Twin-2x27W
Calculation Summary
Label CalcType Units Max Min Avg/Min Max/Min
Parking Lot Illuminance Fc 1.1 0.1 5.00 11.00
Charles Howard Park Parking Lot FONROCHE
ighting AMERICA
4900 David Strickland Roac
Fort Worth, TX 76119
Lighting Plan RevA [email protected] Number: (339) 225 4530 Project Number: G8601 Date:20/11/2024 www.fonrochesolarlighting.com Charles Howard Park Parking Lot FONROCHE
ighting AMERICA
4900 David Strickland Road
By: Mateo Chevalier Fort Worth, TX 76119
Lighting Plan RevA [email protected] Number: (339) 225 4530 Project Number: G8601 Date:20/11/2024 www.fonrochesolarlighting.com
1.5 1.1
0,94
0.75 56
0.18 luminance
(Fc)
A few examples FONROCHE
ighting AMERICA
BALT
Melissa, TX - Country Ridge Park
Brushy Creek - Cedar Park TX
ghiing AMERICA
4) FONROCHE
SOLAR
Fort Worth, TX Marana, AZ
Fonroche Lighting America Design Office
4 FONROCHE
lighting AMERICA
Solar lighting
Your commitment to sustainability
Contact us
Jacob Fox
Sales Representative
P: (339) 225-4530 x218
E: [email protected]
FIND OUT MORE AT
www.FonrocheSolarLighting.com
FONROCHE LIGHTING AMERICA | 4900 David Strickland Road
Forest Hill, TX 76119 | USA
Telephone: 339-225-4530
Fonroche Lighting America Design Office
SAY OF TONE
CITY OF IONE
IOVE. CA 95640
FOR
Agenda Item #K2
DATE: January 7, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: George Lee
SUBJECT: Contract for Transition Services for Mr. Andy Pinasco/Neumiller & Beardslee
RECOMMENDED ACTION: Proceed with contract
FISCAL IMPACT: Maximum of $ 15,000
BACKGROUND: Council members of the City of lone recently retained Brenner White as new City Counsel. This special services agreement for Andy Pinasco would cover any and all transitions issues that could arise during the transition.
DISCUSSION: The special services agreement is needed to ensure a smooth transition to the new City of lone counsel should various issues arise from time to time.
ATTACHMENTS: Agreement
Neumiller & Beardslee
NORN! **
...:
ATTORNEY-CLIENT REPRESENTATION AGREEMENT
THIS AGREEMENT ("Agreement") is entered into by and between Neumiller & Beardslee, A Professional Corporation ("Firm") and City of lone ("'Client").
SECTION 1
CONDITION
If this Agreement accurately describes the services the Firm is to perform for you and the terms for payment of the resulting legal fees and expenses that you will incur, please countersign one of the duplicate originals of this letter and return it to us. THIS AGREEMENT WILL TAKE EFFECT AS PROVIDED SECTION 2
SCOPE AND NATURE OF SERVICES
SECTION 3
ATTORNEY-CLIENT CONFIDENTIALITY
This Agreement contains attorney work product prepared only for the confidential use of the Client and is subject to the attorney-client privilege.
SECTION 4
CLIENT'S DUTIES
Client agrees to be truthful with the Firm, to cooperate, to keep the Firm informed of any information or developments which may come to Client's attention that impact the services provided by Page |1
1847915-1
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PRESENTATION AGREEMI
• the Finn. Client agrees to abide by this Agreement, pay the Firm's invoices on time, and to keep the Firm advised of Client's address, telephone number and whereabouts. Client will assist the Firm in providing necessary information and documents and will appear when necessary at legal proceedings.
SECTION 5
BILLING PRACTICES, INVOICES, PAYMENTS, AND LATE CHARGES "general" category and will invoice those matters under the "general" matter (although separate files will B. Billing Factors. The Firm takes into account a number of factors in billing for services rendered, and all invoices are reviewed before they are issued to ensure that the amount charged is appropriate. The principal factor is usually the Firm's schedule of hourly rates. Most invoices for legal assistants who performed the work.
C. Activities Billed. The Firm will charge for all activities undertaken in providing legal services to Client under this Agreement, including but not limited to the following: (i) conferences (including preparation and participation); (il) review and preparation of correspondence and legal documents; (ii) legal research and case analysis; and (iv) telephone and e-mail communications. The Firm will charge for the performance of work by individual matter on an hourly basis in accordance with the fee schedule attached hereto as "Exhibit A".
D. Use of Multiple Attorneys. Depth and diversity of experience and skill is a major asset of the Firm. From time to time, it will be reasonable and necessary for two or more attorneys to meet or confer regarding the facts, law, strategy or tactics of a situation, in order to provide services to Client in the most efficient, prudent, and cost-effective manner. When two or more of the Firm's personnel are engaged in working on a matter at the same time, such as in conferences between them, or with Client, the Firm will review and consider the subject of the work and the reasonable necessity of having multiple personnel involved in determining whether the total amount billed for such conferences, consultations or meetings should be invoiced.
E. Monthly Statements. The Firm will send Client monthly statements reflecting attorney fees nd costs incurred and their basis, any amounts applied from Client's trust account deposits, and ar urrent balance owed. Client will pay any balance in full upon receipt. Any balance remaining unpai after thirty (30) days will incur late charges at the rate of eighty-three one hundredths of one percent (0.83%) per month, simple interest, but in no event higher than the maximum interest rate permitted by law.
SECTION 6
LEGAL FEES
Firm shall be compensated for services rendered to Client in accordance with the fee schedule rounding up for each partial increment. In addition, Firm will generally bill a minimum of two-tenths of Page |2
1847915-1
NEUMILLER & BEARDSLEI
REPRESENTATION AGREEMEN
an hour for each task given administrative costs and lost productivity associated with shifting attention from task to task. All time recorded on a given day may be recorded in one entry and in certain situations may be recorded in one entry for all days spent on a matter. The rates on the schedule set out below are subject to change in accordance with the procedure described in "Exhibit A". If Client declines to approve or pay increased rates, the Firm will have the right to withdraw as attorney for Client.
SECTION 7
COSTS AND OTHER CHARGES
General. The Firm will incur various costs and expenses in performing legal services under this Agreement. Client agrees to pay for all costs, disbursements and expenses in addition to the hourly fees. The costs and expenses commonly include postage, photocopying and other reproduction costs, travel costs, including parking, mileage, and transportation, service of process charges, filing fees, court and deposition reporters' fees, jury fees, notary fees, deposition costs, messenger and other deliver ees, investigation expenses, consultants' fees, expert witness, professional, mediator, arbitrator and/o special master fees and other similar items. Except for the items listed below, all costs and expenses will be charged at the Firm's cost.
In-office photocopying (black/white copies) $0.25 per page In-office photocopying (color copies) $1.00 per page
Facsimile charges $1.00 per page
Mileage IRS Allowable Rate
B. Travel. Client agrees to pay transportation, meals, lodging and all other costs of any necessary out-of-town travel to the Firm's personnel. Client will also be charged the hourly rates for the time the Firm's personnel spend traveling. However, travel to and from Client's offices shall be billed ir accordance with the discounted travel rates set forth in "Exhibit A".
Experts, Consultants and Investigators. To aid in the preparation or presentation of "lient's case, it may become necessary to hire expert witness, consultants or investigators. Client agree to pay such fees and charges. The Firm will select any expert witnesses, consultants or investigators to br hired, and Client will be informed of persons chosen and their charges.
D. Court Action or Arbitration. If the matter involves a court action or arbitration, Client understands that Client may be required to pay fees or costs, or both, to other parties in the action. Any such payment will be entirely the responsibility of Client.
SECTION 8
ESTIMATED FEES AND COSTS
1847915-1
NEUMILLER & BEARDSLEE
REPRESENTATION ACREEMENT
SECTION 9
NO GUARANTY OF OUTCOME
Nothing in this Agreement and nothing in the Firm's statements to Client will be construed as a Paral results for alien, the fit makes no promis or larante ail restle. The film comes. about the outcome of the matter are expressions of opinion only.
SECTION 10
INDEPENDENT CONTRACTOR
SECTION 11
LITIGATION REPRESENTATION
If the Firm represents Client in any litigation, the Firm will represent Client through trial and SECTION 12
TAX ADVICE AND REPRESENTATION
authorities, however, we will be happy to work with your tax professional or CPA to coordinate results intended to implement their advice or strategies, but not in any way that could be construed to violate SECTION 13
CONFLICTS OF INTEREST
Firm shall comply with all applicable laws and professional rules and standards relating to any known ethical conflict of interest involving Client and the matters upon which Firm is providing legal services under this Agreement. Firm shall not reveal Client's confidential information except with the consent of the Client. Firm shall notify Client of any conflict of interest related to matters upon which it is providing legal services under this Agreement upon discovery of any such conflict. In the event that such conflict is not or cannot be waived or resolved, Client shall retain alternate counsel. IF CLIENT IS AWARF
OF ANY ACTUAL OR POTENTIAL CONFLICT, CLIENT MUST NOTIFY THE FIRM BEFORE SIGNING THIS AGREEMENT.
Pagc |4
1847915-1
NEUMILLER & BEARDSLEE
REPRESENTATION AGREEMENT
SECTION 14
ELECTRONIC RESOURCES AND CLOUD STORAGE
representation, Client consents to the Firm's use of these technologies.
SECTION 15
CLIENT FILES
At the termination of services under this Agreement, or as the Firm completes individual matters for Client and closes the active files for those matters, the Firm will release promptly to Client, upon Client's request, all of Client's papers and property as to the closed matters, subject to any protective order or nondisclosure agreement. After five (5) years have passed, since the termination of services under this Agreement or from the closing date of particular client matters under this Agreement, the Firm may dispose of Client's papers and property. It may do so earlier upon notice to Client. If Client desires to have the Firm retain Client's papers and property beyond five (5) years, after the termination of such services, Client must make separate arrangements with the Firm. "Client's papers and property" include correspondence, deposition transcripts, exhibits, experts' reports, legal documents, physical evidence, and other items reasonably necessary to Client's representation, whether Client paid for them or not, to the extent necessary to avoid prejudicing Client's interest, and including electronic versions of those documents as available. Client shall reimburse Firm for any reasonable expenses, including but not limited to staff time and third-party storage costs, incurred by Firm in storing Client's files or in transferring files at the conclusion of the representation.
SECTION 16
WITHDRAWAL AND TERMINATION OF REPRESENTATION
The Client has the right to terminate the Firm as Client's attorney at any time, in which case the Client will advise the Firm of that decision, in writing. The Firm reserves the right to withdraw from representing the Client, if the Client fails to follow the terms of this Agreement, if the Client has misrepresented or failed to disclose material facts to the Finn, or if the Client has not followed the Firm's advice. If the Firm is required to file a motion to withdraw as attorney, the Client agrees that any of the above will constitute good cause for withdrawal. Good cause for withdrawal will also be any circumstance that would render the Firm's continuing representation unlawful or unethical. On termination of the Firm, the Client will be responsible for obtaining new counsel and for paying the balance due to the Firm for costs and services rendered to the time of termination.
SECTION 17
INTEGRATION CLAUSE
This Agreement, when signed by Client, is the sole Agreement between the Firm and the Client. o prior agreement, arrangement, or understandings pertaining to those matters is effective for al urpose. This Agreement may only be changed by a writing signed by both parties or an oral agreeme but only to the extent that the parties perform the oral agreement.
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REPRESENTATION ACREEMENT
SECTION 18
SEVERABILITY IN EVENT OF PARTIAL INVALIDITY
If any provision of this Agreement is held in whole or in part to be unenforceable for any reason he remainder of that provision and of the entire Agreement will be severable and remain in effect SECTION 19
EFFECTIVE DATE
for Client's benefit before the date of this Agreement. THE FIRM HAS NO OBLIGATION TO PROVIDE LEGAL SERVICES, UNTIL YOU RETURN AN EXECUTED COPY OF THIS AGREEMENT TO THE FIRM. IF YOU
FAIL TO RETURN AN EXECUTED COPY OF THIS AGREEMENT TO THE FIRM, YOU ARE STILL OBLIGATED TO PAY FOR SERVICES PERFORMED AT YOUR REQUEST.
SECTION 20
MEDIATION
If a dispute arises out of or relating to any aspect of this Agreement between Client and Firm, or the breach thereof, and if the dispute cannot be settled through negotiation, Firm and Client agree to discuss in good faith the use of mediation before resorting to arbitration, litigation, or any other dispute resolution procedure.
SECTION 21
ARBITRATION
A. Arbitration of all Disputes Including Claims of Malpractice. Any controversy parties. The Firm and Client shall each have the right of discovery in connection with any arbitration proceeding in accordance with Code of Civil Procedure Section 1283.05. The parties shall bear their own legal fees and costs for all claims. The sole and exclusive venue for the arbitration and or any lega lispute shall be San Joaquin County, California
Binding Arbitration. If there is any disagreement between the parties concerning fees, arbitration, under the rules of JAMS.
alifornia Business and Professions Code Section 6200, et seq. rather than using the procedures set out ibsection B of this Section. The State Bar of California procedures permit a trial after arbitratic
1847915-1
IEUMILLER & BEARDSL
PRESENTATION ACREEME
unless the parties agree in writing, after the dispute has arisen, to be bound by the arbitration award. If, after receiving a notice of Client's right to arbitrate, Client does not elect to proceed under the State Bar fee arbitration procedures, and file a request for fee arbitration within thirty (30) days, any dispute over fees, charges, costs or expenses, will be resolved by binding arbitration as provided in Subsection B of Disclosures and Confirmation Regarding Arbitration. Because each party is giving up a right, Client is encouraged to have independent counsel of Client's choice review these arbitration provisions and this entire Agreement before signing this Agreement. Client and the Firm confirm that they have read and understand Subsections A through D of this Section, and voluntarily agree to binding arbitration. In doing so, Client and the Firm voluntarily give up important constitutional rights to trial by judge or jury, as well as rights to an appeal.
Client The Firm
SECTION 22
USE OF SCANNED AND ELECTRONIC SIGNATURES
By agreeing to the Firm's representation, Client agrees that scanned counterparts of this Agreement that have been signed by and exchanged between Client and the Firm will be deemed binding and effective in the same manner as signed original documents.
AGREED AND ACCEPTED this
George Dee -
City Manager, City of Tone
December 31, 2024
Andrew J. Pinasco Date
Attorney at Law
ENCLOSED ARE TWO (2) ORIGINALS OF THIS AGREEMENT. IF THE TERMS OF THIS AGREEMENT MEET WITH YOUR APPROVAL, PLEASE SIGN ONE (1) ORIGINAL AGREEMENT AND RETURN TO ME IN THE ENCLOSED RETURN ENVELOPE. YOU MAY RETAIN THE OTHER ORIGINAL FOR YOUR FILE. IF PREFERRED, YOU MAY SEND THE SIGNED AGREEMENT TO THE FIRM BY FACSIMILE OR BY EMAIL IN PDF FORMAT.
Page |7
1847915-J
NEUMILLER & BEARDSLEE
REPRESKNTATION AGREEMENT
EXHIBIT "A"
SCHEDULE OF FEES & CHARGES
A. Specific Attendance at Meetings. For attendance at Client meetings and on-site meetings with Client stafi, Client agrees to pay by the hour, at the Firm's reduced hourly rate of $300 per hour.
B. Attorney Travel Charges. Attorney may charge Client a discounted rate of $150.00 per hour for travel time to and from Client meetings (whether regular or special) and meetings with, or on behalf of, Client for which the Attorney is requested to attend in person relating to items not categorized as litigation matters. The discounted travel time fee shall include the mileage traveled to and from said meeting(s) and City of Ione will not be charged for said mileage. Firm's discounted travel rate does not apply to litigation services provided to Client.
C. General Legal Services. For performance of legal services contemplated by the Agreement, excepting performance of legal services set described in Sections A, B, and D of this Exhibit "A", Client agrees to pay at the Firm in pursuant to the terms of he Agreement and in accordance with the Schedule of Fees listed below, which ma e adjusted in as set forth in Section 6.E below
a. Shareholders and Of Counsel $325 per hour
b. Associates $260 per hour
c. Paralegals, Legal Interns, and Legal Assistants $160 per hour D. Litigation and Employment Legal Services. For legal services involving representation of the Client in employment matters or civil litigation to which Client is a party, Client agrees to pay $375 per hour, as may be adjusted in accordance with Section 6.D E. Compensation Adjustments. Commencing July 1, 2025, and every fiscal year thereafter, Firm may adjust by the greater of either the relevant local Consumer Price Index ("CPI") increase or the prior twelve (12) months period, rounded to the nearest dollar, or ten ($10.00) dollars per hour ("Cost of Living Adjustment"). Further, the relevant local CPI shall be set by the CPI for all urban consumers in the San Francisco-Oakland-Hayward areas as published by the United States Government Bureau of Labor Statistics. Any increase to Firm's billing rates in excess of the foregoing shall require approval by Client. Firm reserves the right to waive and/or delay implementation of any rate adjustment established pursuant to the terms of this Agreement.
Parc !i
1847915-1
TONE
CITY OF JONE
IOVE. CA 95640
LIFORN
Agenda Item #K3
DATE: January 7, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: George Lee
SUBJECT: Recordation of Closed Session Meetings
RECOMMENDED ACTION: Approve action
FISCAL IMPACT: 0
BACKGROUND: Because of previous miscommunications Mayor Rhoades has requested hat all future closed sessions are recorded. This will ensure proper documentation c arious issues and no further misinterpretations and miscommunication DISCUSSION:
ATTACHMENTS:
OF TONT
CITY OF IONE
IONE, CA 95640
Agenda Item #K6
DATE: JANUARY 3,2025
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ANDREA BONHAM, MANAGEMENT ANALYST
SUBJECT: PURCHASING AND BIDDING POLICY
RECOMMENDED ACTION:
Staff recommends that the council review and provide direction to staff.
FISCAL IMPACT: $0.00
BACKGROUND:
Staff has been directed by the Mayor to review and update amounts and policy for the City of Ione purchasing and bidding policy.
ATTACHMENTS:
A. Ordinance 2.44 - Purchasing and Bidding Policy
CITY OF IONE
Chapter 2.44 - PURCHASING AND BIDDING POLICY
2.44.010 - Established
The City of lone hereby establishes a purchasing and bidding policy under the direction of the City Manager and Finance Office Director.
2.44.020 - Intent.
The Purchase and Bidding policy provides a fair and equitable process for all interested and qualified vendors in providing a bid to the City. The City will make an award in a manner consistent with the City Purchase and Bidding Policy. Any exceptions to this Policy must be approved by the City Council. The City Council may, by majority vote and in accordance with its fiduciary responsibilities, approve expenditures of any amount, for any length of term, not otherwise inconsistent with any applicable law.
2.44.030, 2.44.040 - Reserved.
2.44.050 - Duties.
The duties of the City Manager and /or Finance Office Director, or their designee, shall be to make and provide all purchases of materials and services for the city:
A. As are required and requested by the various departments and activities of the city which are usual, normal and necessary for the achievement of the end objective of said departments and are within and contemplated by the regularly adopted budget of the city for said department or departments; and
B. As requested by various departments and as specifically authorized by the city council, whether included within or without the then valid budget for said city.
2.44.060 - Rules, Regulations and Definitions.
The city purchasing department will set up and submit to the city council, for its approval, and within 60 days after the appointment by the city council of the purchasing agent, proposed rules and regulations with respect to the policy of purchasing, the manner of purchasing and the coordination of such purchases with budgetary provisions and limitations, and, when such rules and regulations have been adopted by the city council, then, and continuing from the date of said adoption until otherwise modified, such rules and regulations shall afford direction to the city purchasing department and to the city purchasing agent in the exercise of the duties, responsibilities and authority granted by this chapter.
Definitions:
"City Manager" means the appointed City Manager or a designee authorized to act on behalf of the City Manager.
"Department Director" means the city employee or consultant authorized to act as the head of a city department or authorized designee acting on behalf of the director, regardless of title.
2.44.070 - Chapter not to affect state law.
No provision in this chapter abrogates or alters the basic legal requirements for competitive bidding for materials and services where otherwise required by state law.
2.44.080 - Local preference program.
A. Definition. "Local business" means a vendor, contractor, or consultant who has paid its local business tax to the City of lone at least 24 months prior to bid or proposal opening date; does business in the City of lone by providing goods, services, or construction; and maintains a physical business address located within the 95640 ZIP Code and performs business within such geographical limit on a day-to-day basis. Post office boxes shall not be used for the purpose of establishing said physical address. However, should there be a lack of bids by a local business, preference will be next given to bidders within Amador County and then to all others in that order.
B. Local Preference in Purchasing. In bidding for, or letting contracts for procurement of, supplies, materials, and equipment, as described in the purchasing policies of the city, the city council, or other authorized purchasing authority, may give a preference to local businesses in making such purchase or awarding contracts in an amount not to exceed five percent of the local business' total bid price.
The total bid price shall include not only the base bid price, but also all alterations to the base bid price resulting from alternatives which were both part of the bid and actually purchased or awarded by the city council or other appropriate authority.
C. Local Preference for Services. In awarding contracts for services, including consultant services, preference to local businesses shall be given whenever practicable, and, the contractor or consultant will also, to the extent legally permitted, solicit applications for employment and proposals for subcontractors and sub-consultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible.
D. Local Preference in Public Works Contracts (Sub-Contracting).
1. A contractor shall use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose work force resides within the 95640 ZIP Code.
2. A "good faith" effort, includes but is not limited to, the following or similar actions to recruit and maintain a work force that resides within the 95640 ZIP Code. a. Contact local recruitment sources to identify qualified individuals. b. Advertise in local trade papers and local newspapers of general circulation in the 95640 ZIP Code area.
c. If portions of the work are performed by subcontractors, identify qualified subcontractors whose workforce includes persons living within the 95640 ZIP Code or demonstrate that no local subcontractors are qualified to perform the work or supply the materials or equipment.
d. Develop a written plan to recruit a work force within the 95640 ZIP Code. e. Establish a goal for local hiring that is based upon the types of skills needed to complete the project with the city.
3. Any notice inviting bids that may require the use of subcontractors shall include notification of this section.
4. Every bidder must complete and sign under penalty of perjury a certification of good- faith effort to hire a work force that resides within the 95640 ZIP Code or within Amador County if not within the City of lone, on the form provided in the City of lone's bid package, and submit said certification with the sealed bid no later than the date and time of the bid opening. Bidder shall attach to the Certificate documentary evidence supporting bidder's promise to meet or make a good-faith effort to meet the local hiring goal. The purchasing agent, as defined in Section 2.44.030, may reject as non-responsive the bid of any contractor proposing to use subcontractors that fails to comply with the requirements of this subsection.
5. If the city finds that a contractor to whom a city contract for public works has been awarded, or a subcontractor listed by contractor on a public works project, has failed to comply with the good-faith requirement during the performance of the contract, the city may disqualify the contractor and/or subcontractors for bidding or being listed in any bid on any city contract for public works for a period of one year from the date of the city's disqualification. The city clerk shall keep a current list of all disqualified contractors and subcontractors on file.
E. Exceptions to Local Business Preference Policy. The preference set forth in this Section shall not apply to the following purchases or contracts:
1. Goods or services provided under a cooperative purchasing agreement.
2. Purchases or contracts which are funded in whole or in part by a governmental entity, other than the city, and the laws, regulations, or policies governing such funding prohibit application of that preference.
3. Purchases made or contracts let under emergency or noncompetitive situations.
4. Application of the local business preference to a particular purchase, contract, or category of contracts for which the city council is the awarding authority may be waived at the city council's discretion.
2.44.090 - Small business preference.
A. In the bidding of a construction contract, procurement of goods, or delivery of services, the purchasing agent shall give a preference to a small business in an amount not to exceed five percent of the small business total price. The total bid price shall include not only the base bid price, but also all alterations to the base bid price resulting from alternatives which were both part of the bid and actually purchased or awarded by the city council or other appropriate authority. This preference shall not be in addition to any preference granted under Section
2.44.080(B).
B. As used in this section, "Small Business" means a business entity that has for at least the 24 months prior to submittal of its bid (i) held a current business license issued by the city and (ii) maintains its principal business office within the 95640 ZIP Code, and that either employs fewer than 100 employees or has average annual gross receipts of $10,000,000.00 or less over the previous three years.
C. No preference shall be given pursuant to this section where legal constraints on the expenditure of funds prohibit the giving of such contract.
2.44.100 - Verification of preference eligibility.
A. Any vendor or consultant claiming to be a local business or small business shall so certify in the bid in writing. The purchasing agent shall not be required to verify the accuracy of any such certifications, and shall have the discretion to determine if a vendor or consultant meets the definition of "local business" or "small business." The decision of the purchasing agent declaring that any person or business is not a local business or small business shall be subject to appeal.
B. Enforcement.
1. The information furnished by each bidder requesting a local business or small business preference shall be under penalty of perjury.
2. No person or business shall knowingly and with intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a local business or small business for the purpose of this chapter.
3. No person or business shall willfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a city official or employee for the purpose of influencing the certification or denial of certification of any entity as a local business or small business.
4. A business which has obtained city certification as a local business or a small business by reason of having furnished incorrect supporting information or by reason of having withheld information, and which knew or should have known the information furnished was incorrect or the information withheld was relevant to its request for certification, and which by reason of such certification has been awarded a contract to which it would not otherwise have been entitled, shall:
a. Pay to the city any difference between the contract amount and what the city's costs would have been if the contract had been properly awarded; b. Be subject to debarment from future award of contracts from the city at the discretion of the city.
2.44.110 - Quality and fitness.
The preferences established in this section shall in no way be construed to inhibit, limit or restrict the right and obligation of the city council and the purchasing agent to compare quality and fitness for use of supplies, materials, equipment, and services proposed for purchase and to compare the qualifications, character, responsibility, and fitness of all persons, firms, or corporations submitting bids or proposals. In addition, the preferences established in this section shall in no way be construed to prohibit the right of the city council or the purchasing agent from giving any other preference permitted by law or this chapter.
2.44.120 - Pre-qualification of bidders for public works projects.
A. The city manager may designate public works projects or parts thereof that require specialized skills or cost in excess of $2,000,000.00 to be subject to prequalification of bidders.
B. To become a prequalified bidder, a contractor must submit to the city a prequalification application consisting of a standardized questionnaire, financial statement, and statement of experience. The forms for the questionnaire, financial statement, and statement of experience will be provided as part of the prequalification bidding packet.
C. The questionnaires and financial statements submitted by prospective contractors are not public records and are not subject to public inspection. Records of the names of contractors applying for prequalification status are public records and subject to disclosure. Documents submitted by a prospective contractor will be submitted under penalty of perjury.
D. The city will rate prospective contractors in accordance with the rating system attached as Exhibit "A" ("rating system"). The city will devise the questions, process and scoring of the rating system, so as to best evaluate a contractor's ability to successfully complete a particular project. The city will complete the rating system prior to closing of the period for submission of pre-qualification packages for any given project or pre-qualification process. The rating system will be applied uniformly and objectively to all prospective contractors, which have submitted properly completed documents in accordance with this policy.
The city may determine that only a certain number of the top scoring rated contractors shall be considered prequalified for a specific project. This determination shall be made prior to issuing the notice inviting pre-qualifications for the specific project.
E. When the city uses this pre-qualification process, the only contractors eligible to submit a bid are prequalified contractors. Further, such contractors shall submit bids only naming a prequalified subcontractor, if the city also pre-qualifies subcontractors in a similar manner as prime contractors. Any bid received listing an unqualified subcontractor will automatically be disqualified as nonresponsive. No bid shall be accepted for the project from unqualified contractors.
F. A contractor's pre-qualification status will immediately terminate if: (1) the contractor fails to give the city written notice of changes in the information previously provided within ten days before a bid opening; (2) the contractor's license is suspended or terminated by the California State Licensing Board; (3) the contractor is convicted of any crime of moral turpitude; (4) the contractor's application contains materially false information; or (5) the contractor's control over a public works contract, whether within the city's jurisdiction or otherwise, is terminated for cause.
G. The city shall give written notice to each contractor of the pre-qualification determination for that contractor. A contractor may appeal a rating of "not qualified," including a decision to revoke a previous qualified rating. There is no appeal from a finding that a contractor is not pre-qualified because of a failure to submit required information, because of failure to submit required information in a timely manner, because of the omission of requested information or because of the falsification of intormation. Without a timely appeal, the contractor waives any and all rights to challenge the decision of the City of lone, whether by administrative process, judicial process, or any other legal process or proceeding.
H. A contractor may appeal the decision as follows:
1. By giving written notice of appeal to the city manager no later than ten days after receipt of the not qualified rating.
2. The notice of appeal shall contain at least the following:
a. The name, address and telephone number of the person making the appeal; b. A description of the determination which is the subject of the appeal, and the date of the notice of determination; and
c. A brief description of the grounds for the appeal.
I. The city will provide the contractor with a written statement of the basis for the not qualified determination and supporting evidence received from others or adduced as a result of investigation.
The informal hearing is to be concluded no later than five (5) business days after the City of Ione's receipt of the notice of appeal, and no later than five business days prior to the last date for the receipt of bids on the project. It is the intention of the City of lone that the date for the submission and opening of bids will not be delayed or postponed to allow for completion of an appeal process.
K. The city manager or designee shall hear the appeal. The hearing shall be an informal one. The contractor may rebut evidence which is the basis for the determination and present evidence why the contractor is qualified.
L. The city manager or designee may affirm the earlier determination or reverse the determination and assign a different rating. This decision will be in writing containing a summary of the facts that led to the decision. The decision of the city manager is final. A contractor shall have no right to appeal that decision to the council.
M. The city manager may cancel the pre-qualification process at any time during the prequalification process, even after receiving and scoring applications. If the pre-qualification process is cancelled, the normal competitive bidding rules will apply. The city assumes no
liability for the cost a prospective contractor may have incurred by submitting an application for pre-qualification, and the submittal of a pre-qualification application is a waiver to claim any such cost or losses due to cancellation of the process.
2.44.130 - Administrative Guidelines
1. Vendor Limit. Combined purchase orders cannot exceed $100,000 per vendor, per fiscal year except in the case of major expenditures in which a vendor has participated in a public formal bidding process.
2. Change Orders or Amendments. A change order or amendment is a change in a contract term, other than as specifically provided for in the contract, that authorizes or necessitates any increase or decrease of the cost of the contract or in the time of completion that can be authorized by the City Manager or Department Director. A valid request for a change order or amendment must meet the following criteria:
a. the change was not reasonably foreseeable at the time that the contract was signed; b. the change must be relevant to the original contract; and c. the change is authorized by the contract provisions and in the best interest of the City.
Conflict of Interest. No employee, officer, Councilmember, or agent shall participate in the selection, award, or administration of a contract if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, Councilmember, agent, or any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.
Nothing in this Policy does or is to be construed as limiting the applicability of any other federal, state, or local laws and regulations governing prohibitions against financial conflicts of interest, including but not limited to the Political Reform Act (Government Code Section 81000 et seq.) and implementing regulations from the Fair Political Practices Commission (Title 2, Section 18110 et seq., of the California Code of Regulations), and Government Code Sections 1090-1999 and 1126. All such laws and regulations shall apply to every employee, officer, Councilmember, and agent of the City.
4. Local Vendors. Purchasing goods and services from local vendors which stimulate the local economy is encouraged but not required.
5. Green Purchasing Practices. The City is committed to Green Purchasing practices in obtaining goods and services. The City shall consider environmentally-preterable products when appropriate. Nothing in this policy requires the procurement of products that do not adequately perform their intended use, requires procurement that excludes adequate competition, or requires the procurement of products that are unavailable at a reasonable price or at a reasonable time. An environmentally-preferable product means a product that meets any of the following criteria:
is durable, repairable, reusable, or recyclable;
b. has minimal packaging, toxic content, or chemical-hazard potential; c. is resource or energy efficient in any or all phases of its manufacture, use, or disposal; or
d. its use or disposal minimizes or eliminates the City's potential environmental liability.
2.44.140. - Expenditure Categories
Purchases, which include those made by purchase order (PO), written agreement, amendment or A. Expenditures of $250 or less (petty cash)
B. Expenditures of $251 to $20,000 (operational)
C. Expenditures of $20,001 to $50,000 (minor)
D. Expenditures of $50,001 to $100,000 (intermediate)
E. Expenditures over $100,000 (major)
A. EXPENDITURES OF $250 OR LESS
Authorization: Department Director, who may delegate to a department manager Procurement: No bids or PO necessary; petty cash advances or reimbursement Term Limit: N/A
Note: These transactions take the place of ordinary ongoing purchases and shall be limited in use.
A cash disbursement or reimbursement may be obtained from the Finance department and must not exceed $250. A petty cash request form shall be completed and signed by the department director before submittal. The form shall include the date, description of the item to be purchased, and account number. Petty cash amounts will be advanced to accommodate miscellaneous minor expenditure amounts of $250 or less and for which normal payment provisions are not practical.
The Finance department will periodically audit petty cash expenditures as to form and regulations and may confirm purchases.
B. EXPENDITURES OF $251 to $20,000 DURING THE INITIAL TERM- Authorization: Department Director, who may delegate to a department manager* Procurement: No PO necessary; 3 informal bids/proposals whenever possible Term Limit: 3 years plus one 3-year extension
• For purposes of this Policy, the "Initial Term" shall be either (i) a term under the contract or PO not to exceed one year, or (ii) a term longer than one year but not to exceed the maximum number of years authorized under a "Term Limit" (set forth below) as long as the contract includes a continuing obligation for performance by a contracting party and the City has an obligation for payment only for the services actually performed and accounted for by invoice or other monthly or regular periodic documentation acceptable to the City. Under any contract or PO, either the contracting party or City may terminate the contract or PO prior to the expiration of the Initial Term for the other party's nonperformance 2 "Informal" bid/proposal means verbal or written, via telephone, e-mail or other casual medium.
C. EXPENDITURES OF $20,001 to $50,000 DURING THE INITIAL TERM Authorization: Department Director
Procurement: No PO necessary; 3 informal bids/proposals whenever possible 3 plus city contract
Term Limit: 3 years plus one 3-year extension
D. EXPENDITURES OF $50,001 to $100,000 DURING THE INITIAL TERM Authorization: City Manager
Procurement: PO required plus 3 informal bids/proposals plus city contract Term Limit: 3 years plus one 3-year extension
E. EXPENDITURES OVER $100,000
Authorization: City Council
Procurement: PO required plus formal bids/proposals plus city contract Term Limit: no limit, any term approved by majority vote of the City Council F. REPORT TO CITY COUNCIL
Any and all expenditures by Department Director or City Manager in excess of $5,000 shall be reported to the City Council at the next regular council meeting following said expenditure. Said report may be in the form of a list provided by the City Manager describing the purpose and the amount of the expenditure.
2.44.150 - Procurement Procedures - Major Expenditures (over $100,000) A. FORMAL BIDS FOR MAJOR PUBLIC WORKS PROJECTS AND MAJOR SUPPLIES AND EQUIPMENT PURCHASES. Major public works projects and supplies and equipment are defined as purchases and projects having an actual or estimated value of greater than one hundred thousand dollars ($100,000). The solicitation and selection of bids and award of contracts shall comply with the lone Municipal Code (public works contracts), and this Policy, and shall be administered through each City Department, according to the following procedures:
1. Invitation for bids. An invitation for bids (the "invitation") shall be published at least two times in a newspaper, electronic bulletin board or online submission source, City website, or other generally-recognized source of local public works contract information, at least ten days and at least five days prior to the date of the opening of bids. Invitations shall include general descriptions of the work to be performed, the time and place of the opening of bids, the place where bidders may obtain bid documents, the amount of bid security required, and the amount and nature of performance and labor materials security that will be required. 3 The city's templates for contracts, agreements, amendments and change orders shall be used for category D and E purchases. The City Manager may allow for modifications of these templates or use of other contracts, agreements, amendments and change orders, or may require use of city templates for category B and C purchases when the City Manager determines it is prudent due to the level of risk exposure to the city, the need to spell out a complex scope of work, or any other reason s/he believes to be in the best interest of the city. To meet prevailing wage requirements any maintenance or repair project over $20,000 or construction project over $50,000 will require a written contract. * Designee must have signature authorization form on file with the Finance department, or active designation letter for a specific date range.
Form of bids. Bids conforming to the requirements of the invitation shall be submitted to the Department Director (the "Director") in sealed packages or by other means which will prevent the divulging of bids prior to the stated time for opening of bids, all as specified in the invitation or the bid documents. Unopened bids should be clearly marked or otherwise identifiable as bids for the project to which they apply.
Bid security for public works projects. Bids for public works projects shall be accompanied by cash, cashier's check, certified check, surety bond, or other form of security stated in the invitation or bid documents, in a sum equal to at least ten percent (10%) of the amount of the bid.
Opening of bids. At the time and place stated in the invitation, the bids shall be publicly opened and announced. The bid amounts shall be tabulated and the tabulation shall be available for public inspection at the Public Works Department during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.
5. responsiveness to the invitation and the bid documents, and the City's experience with or knowledge of the qualification and reliability of each bidder and shall prepare a recommendation to the City Council. Written amounts shall take precedence over associated numeric amounts. Mathematical errors, if found, shall be corrected and shall not disqualify a bid. The corrected total shall be the bid amount considered in determining the lowest responsible bidder and shall be the contract amount awarded if the bid is selected.
6. Award of contract. Contracts shall be awarded by the City Council to the lowest responsible bidder. Determination of the lowest responsible bidder shall be at the sole discretion of the City Council pursuant to findings and recommendations presented by the Director at the time of the award of contract.
7. Equal bids. If two or more equal low bids are received, the City Council may award the contract to any one of the equal low bidders by the following:
a. Select one bid; or
b. Reject all bids and re-solicit for bids; or
c. Reject all bids and authorize negotiated agreement if consistent with federal and state laws; or
d. Select one bid, which is the most responsible bidder; or e. Take any other action that the City Council deems to serve the best interest of the City.
8. No bids. When no bids are received from responsible firms, the City Council may accomplish the project in any manner it sees fit.
9. Rejection of bids. The City Council may reject any or all bids presented and may then direct that the project be re-advertised, may authorize negotiation of a contract with one or more
responsible firms, or may resolve that the project can be performed more economically by City forces, day labor, time and materials contract, or other method.
10. Execution of contract. The successful bidder shall execute the contract and furnish required performance security and labor and materials security when required pursuant to the bid document.
11. Forfeiture of bid security for public works projects. If the successful bidder fails to execute the contract and furnish security within the stated time, and said failure is not primarily due to actions or omissions of the City or to acts of god, the bidder shall forfeit the bid security provided. The City Council may then consider the bid of the next lowest responsible bidder.
12. Release of bid security for public works projects. Bidders are entitled to the return of their bid security unless forfeited as provided herein. The City shall retain all bid security until a contract has been executed or until the City Council rejects all bids at which time all bid security not forfeited shall be returned to the appropriate bidders.
13. Disposition of forfeited bid security for public works projects. The City shall retain forfeited bid security until a contract is awarded to another firm or the project is cancelled. The City shall retain an amount equal to the difference between the forfeiting firm's bid and the new contract amount, if any, and an additional amount equal to administrative and other costs incurred as a result of the failure of the forfeiting bidder to enter into a contract and provide required security, and shall return any remaining amount of the bid security to the forfeiting bidder.
14. Performance security and labor and materials security for public works projects. The bidder to whom the contract is awarded (the "successful bidder") shall furnish performance security and labor and materials security in amounts specified in the Invitation or Bid Documents.
B. FORMAL PROPOSALS FOR MAJOR PROFESSIONAL AND TECHNICAL SERVICES. Major professional and technical services are defined as services having an actual or estimated value of greater than one hundred thousand dollars ($100,000). The solicitation and selection of proposals and award of contracts shall comply with the lone Municipal Code, and this Policy, and shall be administered through each City Department, according to the following procedures:
1. Maintenance and Repair Services. Services intended to preserve and/or restore a public work to a clean, safe, efficient, and/or continually usable condition. Maintenance and repair services include, but are not limited to: carpentry, electrical, painting, plumbing, glazing, and other craftwork to preserve a facility in the condition for which it was intended; repairs, cleaning and other operations on machinery and other equipment permanently attached to a facility as fixtures; the mowing, pruning, and trimming of lawns, grass, trees, shrubs, bushes and hedges; and the regular removal or relocation of by-products or waste products accumulated at City facilities as the result of ongoing environmental processes.
2. The City Manager shall approve the preparation and release of all Requests for Proposals (RFP) and Requests for Qualifications (RFQ).
City staff shall determine, based on professional judgment, whether an RFP or an RFQ process best suits its needs and City staff, or a city-authorized consultant, shall prepare the RFP/RFQ document.
4. City staff, or a city-authorized consultant, or both shall prepare a list of suitable firms from known registries, professional organizations, and/or any other source.
City staff shall issue the RFP/RFQ to suitable firms, and may also advertise for competitive proposals.
6. the REPRO reca sed ain he site, which may imlyde privet consula a dor holy discussions with proposing firms.
7. The selection committee shall rank the proposing firms according to the criteria specified in the RFP/RFQ and City staff shall notify firms of their position in the ranking.
8. City staff, or a city-authorized consultant, shall negotiate with the top-ranked firm to arrive at mutually-acceptable contract terms.
9. City staff, or its authorized consultant shall terminate negotiations and begin negotiations with the next-ranked firm if an agreement cannot be reached and continue this process until negotiations are successfully concluded or until the list of qualified firms submitting proposals is exhausted and an agreement cannot be reached.
10. The City Council shall award or reject the contract negotiated by City staff.
IV. PROCUREMENT PROCEDURES - NON-MAJOR EXPENDITURES ($100,000 & under)
INFORMAL BIDS OR PROPOSALS - Intermediate, Minor, and Operational Expenditure category projects, including minor public works projects, supplies, goods, equipment and minor services are defined as projects having an actual or estimated value of one hundred thousand dollars ($100,000) or less. The solicitation and selection of bids and award of contracts shall comply with the lone Municipal Code for public works projects, service contracts, and this Policy, and shall be administered through each City Department, according to the following procedures:
Informal bids shall be obtained verbally or in writing as dictated by this Policy from the open market and a written record of informal bids shall be kept with the related PO.
2. Bid security. Security and labor and material security shall conform to the requirements for major public works projects but may be modified or waived by the City staff person authorized to make the purchase if warranted and in the best interest of the City.
3. Execution and Award of Contracts. The City Council may award contracts, or the City Manager, or designated City Director, or staff personnel may award and execute contracts, set forth in Categories A, B, C or D of Section II above, and may waive competitive bidding requirements if in the best interest of the City, provided there are unencumbered appropriations in the fund accounts against which the expenses are to be charged.
V. EXEMPTION TO ANY PROCUREMENT METHOD
Justification for exemption to any required procurement method may be submitted to the City Manager or in the case of a major expenditure, to the City Council under the following circumstances:
a. Sole-source or select-source purchase. To determine that a sole-source or select-source purchase exists, rationale and/or proof must be provided in the purchase requisition. • Acquisition of brand name to insure compatibility with other city products and equipment. For example, standardization of fleet inventory (select-source). • Change orders - additions to an original scope of work when the original source is the only reasonable one to provide the additional goods, construction work or service needed (select-source).
• Only one manufacturer or vendor makes and/or sells the required equipment (sole- source).
b. State, County, or other public agency cooperative purchasing program or contracts utilizing funding or other participation from agencies which require conformance with state, federal or other contracting regulations.
c. The City does not require a contract for equipment purchases such as a specific type or brand of supply or part necessary for acceptable operation of a machine or device, or as required by warranty or contract on the machine or device; written documentation supporting a purchase must be provided.
d. Emergency purchases made necessary by an immediate threat to life or property or a substantial disruption of a vital public service.
• In advance of any local emergency, the City seeks to retain a list of available local businesses willing to provide necessary supplies, materials, equipment, services, food, care or shelter to the City through the Office of Emergency Management. Once the Emergency Operations Center (EOC) is activated, these memorandums will be activated.
In the event of an emergency, the City Manager or designee may make immediate purchases of goods and services. Emergency purchases include any purchase required to prevent imminent danger or to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Every effort shall be made to obtain advance approvals or to obtain approvals as soon as possible following the purchase.
• The City is not required to engage in either formal or informal competitive bidding in an emergency. The City Council delegates to the City Manager and City Manager's designee the authority to waive any procedures in the Policy that are not statutorily mandated when making emergency purchase of supplies, equipment, materials or services.
• The City Council shall ratify emergency suspension of procedures at the next properly noticed Council meeting following the emergency procurement and consider whether further suspension of procedures is required to abate the impacts of the emergency. e. The awarding officers) may waive irregularities in formal or informal bids received provided that it is in the best interest of the City to do so, and it does not result in unfair advantage to any bidder.
f. The City Council may authorize the award and execution of contracts without competitive bidding provided that such award is in the best interest of the City, or of the public health, safety and welfare.
2.44.160 - FEDERALLY FUNDED PROCUREMENTS
This section pertains to federal-funded projects and purchases.
Any procurement made pursuant to a federal award or subject to reimbursement, in whole or in part, with federal funds must comply with the City's procurement procedures and all applicable Procurement Standards codified in 2 CFR 200.318-200.326 to include the following:
(a) Comply with general federal requirements and recommendations:
a. Comply with currently applicable Department of Homeland Security Standard Terms and Conditions.
b. Comply with the Solid Waste Disposal Act, 2 CFR section 200.322. c. Complete a cost or price analysis, including independent estimates, when necessary under 2 CFR 200.323.
d. Profit must be negotiated as a separate element of price, where required under 2 CFR 200.323(b).
Use of federal excess and surplus property is encouraged over purchasing Geographical (local) preferences may not be used, unless expressly authorized by the awarding agency.
A time and materials contract or a "cost-plus" contract may not be used. h. Intergovernmental agreements are encouraged where appropriate. i. Procurements are subject to requirements for monitoring and oversights, see 2 CFR 200.318(b).
j. Records must be maintained by each department consistent with 2 CFR 200.318(i).
(b) Federal contractors must meet requirements of being responsible contractors (see CFR 200.318(h) and the City will take all necessary affirmative steps to assure minority businesses, women's businesses and labor surplus area firms are used when possible. (c) Consistent with 2 CFR section 200.320, the City will use one of the following approved procurement methods: micro-purchases, small purchase procedures, sealed bids (formal advertising), competitive proposals, and noncompetitive proposals. (d) Contracts for federally-funded procurements must comply with 2 CFR section 200.326, by acknowledging that federal financial assistance will be used to fund the contract, requiring that the contractor comply with all applicable federal law, regulations, executive orders and applicable federal policies; and specifying the Federal Government is not a party to the contract.
I GENERAL PROCUREMENT STANDARDS
A. Code of Conduct. As representatives of the City of lone, all employees are expected to conduct themselves in a professional and ethical manner, maintaining high standards of integrity and the use of good judgement. Employees are expected to be principled in their business interactions and act in good faith with individuals both inside and outside the City.
The following Code of Conduct shall govern the performance, behavior and actions of the City, including employees, directors, appointed or elected officials, volunteers, or agents who are engaged in any aspect of procurement, including, but not limited to, purchasing goods and services, awarding contracts and grants, and the administration and supervision of contracts:
1. No employee, director, appointed or elected official, volunteer, or agent of the City shall participate in the selection, award, or administration of contracts supported by a federal award if a conflict of interest is real or apparent to a reasonable person.
2. Conflicts of interest may arise when any employee, officer, or agent of the City, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a real or apparent financial or other interest in or a tangible personal benefit form a firm considered for the contract.
3. No employee, director, appointed or elected official, volunteer, or agent of the City shall do business with, award contracts to, or show favoritism toward a member of his or her immediate family, spouse's family, or to any company, vendor, contractor, or parties to subcontractors who either employ or has any relationship to a family member; or award a contract or bid which violates the spirit or intent of federal, state and local procurement laws and policies established to maximize free and open competition among qualified vendors.
4. The City's employees, directors, appointed or elected officials, volunteers, or agents shall neither solicit nor accept gratuities, favors, gifts, consulting fees, trips, or anything having a monetary value in excess of twenty-five dollars ($25.00) from a vendor, potential vendor, family or employees of a vendor, contractor or parties to subcontractors.
5. Disciplinary measures for violations of the Code of Conduct by employees, directors, appointed or elected officials, volunteers, or agents who are engaged in any aspect of procurement, including, but not limited to, purchasing goods and services, awarding contracts
and grants, and the administration and supervision of contracts could lead to disciplinary measures, up to and including possible termination of employment.
B. Solicitation Procedures
1. Acquisition of unnecessary or duplicative items must be avoided. Consideration should be given to consolidating or dividing procurements to obtain a more economical purchase. When appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach.
2. To foster greater economy and efficiency, and in accordance with efforts to promote cost- effective use of shared services, the City shall enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services.
3. Procuring federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs shall be utilized.
4. Value engineering clauses may be used in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost.
5. Contracts shall only be awarded to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.
6. Records will be maintained sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. The City Clerk will be the repository for said records and shall be maintained for period of no less than seven (7) years.
7. Time and material type contracts (open-ended) may be used only after a determination that no other contract is suitable. Time and material type contract means a contract where the cost to the City is the sum of the actual cost of materials and direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expense, and profit. Each time and material contract will set a ceiling price that the contractor exceeds at its own risk. A higher degree of oversight is required in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls.
6. The City alone will be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the City of any contractual responsibilities under its contracts. The federal awarding agency will not substitute its judgment for that of the City
unless the matter is primarily a federal concern. Violations of law will be referred to the local, state, or federal authority having proper jurisdiction.
C. Competition
1. All procurement transactions must be conducted in a manner providing full and open competition. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, ensure of thie contr statements of work, and invitations for bids or requests for proposals will be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include, but are not limited to:
a. Placing unreasonable requirements on firms in order for them to qualify to do business;
b. Requiring unnecessary experience and excessive bonding; c. Noncompetitive pricing practices between firms or between affiliated companies; d. Noncompetitive contracts to consultants that are on retainer contracts; e. Organizational conflicts of interest;
f. Specifying only a brand name product instead of allowing an equal product to be offered and describing the performance or other relevant requirements of the procurement; and
g. Any arbitrary action in the procurement process.
2. Procurements shall be conducted in a manner that prohibits the use of statutorily or administratively imposed state or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract.
3. All solicitations will incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standard to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a brand name or equivalent description may be used as a means to define the performance or other relevant requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated.
4. Bids and proposals shall identify all the requirements which the offerors must fulfill and all other factors to be used in evaluation bids or proposals
D. Methods of Procurement. In addition to the City's purchasing policy approval limits, one of the following methods should be used:
1. Micro-purchase: Purchases where the aggregate dollar amount does not exceed $3,000, or the current limitation set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1, where this threshold is periodically adjusted for inflation.
2. Small purchase: Purchases up to the Simplified Acquisition threshold, which is currently $150,000. Informal purchasing procedures are acceptable, but price or rate quotes must be obtained from an adequate number of sources.
3. Sealed bid: Purchases over the Simplified Acquisition threshold, which is currently $150,000.
Under this purchase method, formal solicitation is required, and the fixed price (lump sum or unit price) is awarded to the responsible bidder who conformed to all material terms and is the lowest in price. This method is the preferred procurement method for construction contracts, if the following conditions apply:
a. A complete, adequate, and realistic specification or purchase description is available; b. Two or more responsible bidders are willing and able to compete effectively for the business, and,
c. The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally based on price.
If this method is used, the following requirements shall apply:
d. The invitation for bids will be publicly advertised and bids must be solicited from an adequate number of known suppliers, providing them sufficient response time prior to the date for opening the bids;
e. The invitation for bids, which will include any specifications and pertinent attachments, must define the terms or services in order for the bidder to properly respond; f. All bids will be publicly opened at the time and place prescribed in the invitation for bids;
g. A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts will only be used in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and
h. Any or all bids may be rejected if there is a sound documented reason.
4. Competitive proposals: Purchases over the Simplified Acquisition threshold, which is currently $150,000. This procurement method requires formal solicitation, fixed-price or cost- reimbursement contracts, and is used when sealed bids are not appropriate. The contract should be awarded to the responsible firm whose proposal is most advantageous to the program, with price being one of the various factors. If this method is used, the following requirements apply:
a. Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical;
b. Proposals must be solicited from an adequate number of qualified sources; c. The methods for conducting technical evaluations of the proposals received and for selecting recipients may include, but not limited to: oral interviews, references, past performance, availability to perform work, and certifications as determined by project scope.
d. Any response that takes exception to any mandatory items in this proposal process may be rejected and not considered;
e. Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and, f. Competitive proposal procedures may be used for qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services, though A/E firms are a potential source to perform the proposed effort.
5. Noncompetitive proposals: Also known as sole-source procurement, this may be appropriate only when one or more of the following criteria are met:
a. The item is available only from a single source;
b. The public emergency for the requirement will not permit a delay resulting from competitive solicitation;
c. The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-federal entity; or
d. After solicitation of a number of sources, competition is determined inadequate.
E. Contract Cost and Price. A cost or price analysis shall be performed in connection with every procurement action in excess of the Simplified Acquisition threshold ($150,000) including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, independent estimates shall be made prior to receiving bids and proposals.
1. Profit shall be negotiated as a separate element of the price for each contract in which there is a no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.
2. Costs or prices based on estimated costs for contracts under the federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the City under Subpart E- Cost Principles of Part 200- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
3. The cost plus a percentage of cost and percentage of construction cost methods of contracting shall be used.
F. Federal Awarding Agency or Pass-Through Entity Review.
1. The City shall make available, upon request of the federal awarding agency or pass-through entity, technical specifications on proposed procurements where the federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the City desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or pass- through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase.
2. The City will make available upon request, for the Federal awarding agency or pass-through entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when:
a. Procurement procedures or operations fails to comply with the procurement standards in b. The procurement is expected to exceed the Simplified Acquisition Threshold ($150,000) and is to be awarded without competition or only one bid or offer is received in response to a solicitation;
c. The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a "brand name" product;
d. The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or e. A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold.
3. The City is exempt from the pre-procurement review in paragraph 2 of this section if the federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this part.
4. The City may request that its procurement system be reviewed by the federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third-party contracts are awarded on a regular basis;
5. The City may self-certify its procurement system. Such self-certification must not limit the federal awarding agency's right to survey the system. Under a self-certification procedure, the federal awarding agency may rely on written assurances from the City that it is complying with these standards. The City must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review.
G. Bonding Requirements. For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold ($150,000), the federal awarding or pass-through entity may accept the bonding policy and requirements of the City provided that the federal awarding agency or pass-through entity has made a determination that the federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows:
1. A bid guarantee from each bidder equivalent to five percent (5%) of the bid price. The bid guarantee must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified;
2. A performance bond on the part of the contractor for 100 percent (100%) of the contract price.
A performance bond is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract; and,
3. A payment bond on the part of the contractor for 100 percent (100%) of the contract price. A payment bond is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.
H. Contract Provisions. All federal funding source compliance provisions shall include the following:
1. Equal Employment Opportunity- All contracts, when funded in whole or partly by monies derived from the federal government (either directly or indirectly), shall contain a provision requiring compliance with Equal Employment Opportunity.
2. Davis-Bacon Act- Applies to construction contracts in excess of $2,000. It requires contracts to pay laborers and mechanics wages not less than the prevailing wage as determined by the Secretary of Labor and must be required to pay wages not less than once a week. Each bid solicitation published by the City must contain the current prevailing wage determination. Any award of the contract must be conditioned on contractor's acceptance of that wage determination and suspected or reported violations of this act shall be immediately reported to the Federal awarding agency.
3. Copeland "Anti-Kickback" Act- Applies to construction contracts in excess of $2,000. It prohibits kickbacks in construction contracts funded with Federal monies. Contractors and subcontractors or subrecipients shall be prohibited from inducing any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled and suspected or reported violations shall be immediately reported to the Federal awarding agency.
4. Clean Air Act & Federal Water Pollution Control Act- Applies to contracts and sub grants in excess of $150,000. Contractor shall be required to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act.
Suspected or reported violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
5. Debarment and Suspension- Contracts funded with federal grant monies may not be awarded to contractors that have been debarred or suspended from receiving federal monies pursuant to the System for Award Management (SAM).
6. Byrd Anti-Lobbying Amendment- Contractors that apply or bid for an award of $100,000 must certify that they will not and have not used federal funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award.
I. Contracting with small and minority business, women's business enterprises, and labor surplus area firms.
All necessary affirmative steps will be taken to assure that minority business, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps include:
1. Placing qualified small and minority businesses and women's business enterprises solicitation lists;
2. Assuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women's business enterprises;
5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and,
6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.
2.44.170 - Emergency Expenditures
In accordance with §20168 PCC, in the event of an emergency, the City Council may pass a resolution by a four-fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, or property. Upon adoption of the resolution, it may expend any sum required in the emergency without complying with §20162 et sec PCC. If notice for bids to let contracts will not be given, the City Council shall comply with chapter 2.5 (commencing with §22050 PCC.)
2.44.180 - Gifts and Unauthorized Purchases
City employees, officers or officials are not entitled to any special consideration from vendors and merchants in their personal affairs nor are such city employees, officers, or officials to attempt to procure materials for the personal use of any other person. City employees, officers or officials shall not solicit or accept gifts except for those items that can be shared by all statt such as food and flowers. Except for emergencies or other authorized exemption, no purchases shall be made without specific authorization as outlined in this policy. The person ordering the unauthorized purchase may be held personally liable for the costs of the purchase or contract.
Effective Date
This ordinance shall be effective 30 days following its adoption by the City Council of the City of lone. A summary of this ordinance shall, within fifteen (15) days after passage, be published in accordance with Section 36933 of the Government Code of the State of California, with the names of the City Council members voting for and against it.
INTRODUCED at a regular meeting of the City Council of the City of lone on the _ day , 2025; and
PASSED AND ADOPTED this day of _ 2025 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
STACY RHOADES, MAYOR
CITY OF IONE
ATTEST:
Janice Traverso, City Clerk
APPROVED AS TO FORM:
Josh Varinsky, City Attorney