Agenda — Marina City Council, September 20, 2022

AGENDA

Tuesday September 20, 2022 5:00 P.M. Closed Session
6:30 P.M. Open Session

REGULAR MEETING

CITY COUNCIL, AIRPORT COMMISSION,

MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK SUSTAINABLE

COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR AGENCY OF THE FORMER

MARINA REDEVELOPMENT AGENCY AND MARINA GROUNDWATER

SUSTAINABILITY AGENCY

Council Chambers
211 Hillcrest Avenue
Marina, California

Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556

In accordance with California Government Code §54953(e)(1)(A) and (C) and the Proclamation of a State of Emergency issued by Governor Newsom on March 4, 2020, under the provisions of Go vernment Code §8625 related to the COVID -19 (coronavirus) pandemic, consistent with recommendations by State and local health officials regarding social distancing and in order to prevent an imminent risk to the health and safety of attendees as determine d in Resolution 2022-110, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public participation until the earlier of May 31, 2022, or such time as the City Council may ado pt a resolution in accordance with Government Code §54953(e)(3). This meeting is being broadcast “live” on Access Media Productions (AMP) Community Television Cable 25 and on t he City of Marina Channel and on the i nternet at https://accessmediaproductions.org/

PARTICIPATION
You may participate in the City Council meeting in real-time by calling Zoom Meeting via the weblink and phone number provided at the top of t his agenda. Instructions on how to acce ss, vie w a nd participate in remote meetings are provided by visiting the City’s home page at https://cityofmarina.org/. Attendees can make oral comments during the meeting by using the “Raise Your Hand” feature in the webinar or by pressing *9 on your telephone keypad if joining by phone only. If you are unable to participate in real-time, you may email to [email protected] with the subject line “Public Comment Item#__ ” (insert the item number relevant to your comment) or “Public Comment – Non Agenda Item.” Comments will be reviewed and distr ibuted before the meeting if received by 5:00 p.m. on the day of the meeting. All comments received will become part of t he record. Council will have the option to modify their action on items based on comments received.

AGENDA MATERIALS
Agenda materi als, staff reports and background information related to regular agenda items are available on the City of Marina’s websit e www.cityofmarina.org. Materials r elated to an item on this agenda submitted to the Coun cil after distribution of the agenda packet will be made available on the City of Marina website www.cityofmarina.org subject to City staff’s ability to post the documents before the meeting

Agenda for City Council Meeting of Tuesday, September 20, 2022 Page 2

VISION STATEMENT
Marina will grow and mature from a small tow n bedroom community to a small city which is diversified, vibrant and through positive relationships with regional agencies, self-sufficient. The City will develop in a way that insulates it from the negative impacts of urban sprawl to become a desirable residential and business community in a natural setting. (Resolution No. 2006-112 - May 2, 2006)

MISSION STATEMENT
The City Council will provide the leadership in protecting Marina’s natural setting while developing the City in a way that provides a bala nce of housing, jobs and business opportun ities that will result in a community c haracterized by a desirable quality of life, including recreation and cultural opportunities, a safe environment and an economic viability that supports a high level of munici pal services and infrastructure. (Resolution No. 2006-112 - May 2, 2006)

1. CALL TO ORDER

2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonpr ofit Corporation, Successor Agency of the Forme r Redevelopment Agency Members and Ma rina Groundwater Sustainability Agency)

Cristina Medina Dirksen, David Burnett, Lisa Berkley, Mayor Pro -Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado

3. CLOSED SESS ION: As permitted by Government Code Sect ion 54956 et seq., the (City Council, A irport C ommissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonpr ofit Corporation, Successor Agency of the Former Redevelopment Agency M embers and Ma rina Groundwater Sustainabili ty Agency) may adjourn to a C losed or E xecutive Session to consider specific matters dealing with litigation, certain personnel matters, property negotiations or to confer with the City’s Meyers -Milias- Brown Act representative.
a. Conference with Legal Counsel, Anticipated Litigation, Significant exposure to litigation pursuant to § 54956.9(b): One case
b. Labor Negotiations
i. Marina Employee Association
ii. Marina Professional Fire Fighters Association
6:30 PM - RECONVENE OPEN SESS ION AND REPORT ON ANY ACTIONS TAKEN IN

CLOSED SESSION

4. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)

5. SPECIAL PRESENTATIONS:

6. SPECIAL ANNOUNCEMENTS AND COMMUNICATIONS FROM THE FLOOR: Any member of the Public or the City Council may make an announcement of special events or meetings of interest as information to Council a nd Public. Any member of the pub lic may comment on any matter within the City Council’s jurisdiction which is not on the agenda. Please state your name for the record. Action will not be taken on an item that is not on the agenda. If it requires action, it will be r eferred to staff and/o r pla ced on a futu re agenda. City C ouncil members or City staff may briefly respond to stat ements made or que stions posed as permitted by Government C ode Section 54954.2. In order that a ll interested parties have an opportunity to speak, please limit comments to a maximum of four (4) minutes. Any member of the public may comment on any matter listed on this agenda at the time the matter is being considered by the City Council.

Agenda for City Council Meeting of Tuesday, September 20, 2022 Page 3

7. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FO RMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the S uccessor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these item s are considered to b e routine. Al l items under the Consent Agenda ar e normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may a sk a quest ion or make a comment a bout an agenda ite m and s taff wil l provide a response. If discussion or a lengthy explanation is requ ired, that item will b e removed from the Consent Agenda for Successor Agency to the former Marina Redevelopment Agency and placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.

8. CONSENT AGENDA: Background information has been provid ed to the City Council, Airport Commission, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency on all matters listed under the Consent A genda, and these items are considere d to be routi ne. All items under the Consent Agenda are normally appro ved by one motion. Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will provide a res ponse. If discussion or a lengthy ex planation is required, that item will be removed from the Consent Agenda and placed at the end of Other Action Items. a. ACCOUNTS PAYABLE:
(1) Accounts Payable Check Numbers 100728-100826, totaling $506,613.81 b. MINUTES: None
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS: None
g. APPROVAL OF AGREEMENTS:
(1) City Council consider adopting Resolution N o. 2022 -, authorizing the City Manager to execu te a n Amendment to the Memorandum of Understanding between the City of Marina and the Marina Professional Fire Fighters Association (MP FFA); authorizing adjustments to the City’s Salary Schedul e and Compensation Plan, and; authorizing Finance Director t o make appropriate accounting and budgetary entries.
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING): None
m. APPROVE APPOINTMENTS: None

9. PUBLIC HEARINGS: None

10. OTHER ACTIONS ITEMS OF THE SUCCE SSOR AGENC Y TO THE FORMER MARINA R EDEVELOPMENT AGEN CY: Action l isted for each Agenda i tem is that which is requested by staff. The Successor Agency may, at its discretion, take action on any items. The pu blic is invited to approach th e podium to provide up to four (4) min utes of public comment.

Agenda for City Council Meeting of Tuesday, September 20, 2022 Page 4

11. OTHER ACTION ITEMS: Action listed for each Agenda item is that which is requested by staff.

The City Council may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to four (4) minutes of public comment.

Note: No additional major projects or prog rams should be undertaken w ithout review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Council consider adopting Res olution No. 2022-, approving the Memorandum of Understanding ( MOU) for the odor att ribution study between the ReGen Monterey (ReGen), Monterey One Water ( M1W), and the City of Marina and authorizing the City Manager to execute the amendment subject to final review and approval by the City Attorney, and authorizing the Finance Director to make necessary accounting and budgetary entries.
b. City Coun cil consider adopting Resolution No. 2022 -, approving a professional services agreement between the City of Marina and SCS Engineers for environmental services for the odor attribution study project ; and authorizing the city manager to execute the agreemen t on behalf of the City subject to final review and approval by the City Attorney.

12. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council and staff opportunity to ask a que stion for clarification or make a b rief report on his or her own activities as permitted by Government Code Section 54954.2.

13. ADJOURNMENT:

CERTIFICATION

I, Anita Sharp, Deputy City Clerk, of the City of Marina, do hereby certify that a copy of the foregoing agenda was posted at City Hall and Counc il Ch ambers Bulletin Board at 211 Hi llcrest Avenue, Monterey County Library Marina Branch at 190 Seaside Circle, City Bulletin Board at the corne r of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, September 16, 2022.

___________________________________

ANITA SHARP, DEPUTY CITY CLERK
City Council, Airport Commission and Redevelopment Agency meetings are recorded on tape and available for public review and listening at the Office of th e City Clerk and kept for a period of 90 days after t he formal approval of MINUTES.

City C ouncil meetings may be v iewed live on the me eting nigh t and at 12:30 p.m. and 3:00 p.m. on C able Channel 25 on the Sunday following the Regular City Council meeting date. In addition, Council meetings can be viewed at 6:30 p.m. every Monday, Tuesd ay a nd W ednesday. For more info rmation ab out viewing the Council Meetings on Channel 25, you may contact Access Monterey Peninsula directly at 831-333-1267.

Agenda items an d staff reports are public re cord and are available f or public review on the City's website (www.ciytofmarina.org), at the Monterey County Marina Library Branch at 190 Seaside Circle and at the Office of the City Clerk at 211 Hillcrest Avenue, Marina between the ho urs of 10:00 a.m. 5:00 p.m., o n the Monday preceding the meeting.

Supplemental ma terials r eceived after the close of the f inal agenda and through noo n on the day of the scheduled meeting wil l be avai lable for public review on the City ’s website:
https://www.cityofmarina.org/DocumentCenter/Index/1854.

Agenda for City Council Meeting of Tuesday, September 20, 2022 Page 5

Members of the public may receive the City Council, Airport Commission and Successor Agency of the Former Redevelopment Agency Agenda at a cost of $55 per year or by providing a self-addressed, stamped envelope to the C ity Clerk. The Agenda is als o available at no cos t via ema il by n otifying th e City Clerk a t [email protected]
ALL MEETINGS A RE O PEN TO THE PUBLIC. THE CIT Y OF M ARINA DOES N OT DISCRIMINATE AGAINST PERSONS WITH D ISABILITIES. Council Chambers are whee lchair accessible. meetings are broadcast on cable channel 25 and recordings of meetings can be provided upon request. to request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please call (831) 884-1278 or e-mail: [email protected]. requests must be made at least 48 hours in advance of the meeting.

U p c o m i n g 20 2 2 M e e t i n g s o f th e C i t y C o u n c i l , A i r p o r t C om mi s si o n, M a r i n a Ab r a m s B N o n - P r o f i t C o r p o r a t i o n , P r e s t on P ar k S u s ta i n ab le C o m m u n i t y N o n p r o f i t C o r p or a t i o n , S u c ce s s o r A g e n c y o f t h e F o r m e r R e d e v e l o p me n t A g e n c y a n d M a r i n a G r ou ndw a t e r S u s t a i n a bi l i t y A g e n c y R e g u l a r M eet i n g s : 5: 0 0 p. m . C l o s e d S e s s i o n; 6 : 30 p .m . R eg u la r O p e n S es s i o ns

**Thursday, October 6, 2022
Tuesday, October 18, 2022

Tuesday, November 1, 2022
Tuesday, November 15, 2022

Tuesday, December 6, 2022
Tuesday, December 20, 2022

** Regular Meeting rescheduled due to Religious Holiday NOTE: Regular Meeting dates may be rescheduled by City Council only. _________________________________________

CI T Y H A L L 2022 H O L I D A Y S
(City Hall Closed)

Veterans Day ---------------------------------------------------------- Friday, November 11, 2022 Thanksgiving Day ------------------------------------------------ Thursday, November 24, 2022 Thanksgiving Break -------------------------------------------------- Friday, November 25, 2022 Winter Break ------------------------ Friday, December 23, 2022-Friday, December 30, 2022 __ ___ __ _ _ _______ __ _ ___

2022 COMMISSION DATES

Upc o m i n g 2 022 Me e t i n g s of P l a n n i n g C o m m i s s i o n 2nd and 4th Thursday of every month. Meetings are held at the Council Chambers at 6:30 P.M.

September 22, 2022 October 13, 2022 November 10, 2022
October 27, 2022 December 18, 2022

Bank Account: 905 - Chase - Checking
Check 09/09/2022 100728 Accounts Payable Ace Hardware 75.28 Invoice Date Description Amount.
082932 08/31/2022 Supplies, Paint, Painter Tape, Cable Cutter 75.28 Check 09/09/2022 100729 Accounts Payable Ace Hardware 62.23 Invoice Date Description Amount.
082950 09/02/2022 Cust. # 116 62.23
Check 09/09/2022 100730 Accounts Payable Ace Hardware 20.02 Invoice Date Description Amount.
082772 08/15/2022 Mower Parts 0.38
082945 09/01/2022 Shop Supplies 19.64
Check 09/09/2022 100731 Accounts Payable ARC Document Solutions 282.96 Invoice Date Description Amount.
2613515 08/22/2022 ARC 08/22/22 282.96
Check 09/09/2022 100732 Accounts Payable AT & T 420.19
Invoice Date Description Amount.
000018689058 08/28/2022 Fire Alarms Hangar Bldgs 524 & 533 51.08 000018689063 08/28/2022 AWOS Auto Weather Station 28.49 000018689057 08/28/2022 Fire Alarms Hangars Bldgs 524 & 533 51.08 000018689051 08/28/2022 CALNET3-9391023437 (384-0425) 51.11 000018689054 08/28/2022 CALNET3-9391023440 (384-0860) 26.41 000018689055 08/28/2022 CALNET3-9391023441 (384-0888) 26.38 000018689079 08/28/2022 CALNET3-9391023463 (384-7854) 26.38 000018689082 08/28/2022 CALNET3-9391023466 (384-8477) 51.08 000018689084 08/28/2022 CALNET3-9391023468 (384-9148) 26.50 000018687346 08/28/2022 CALNET3-9391023471 (582-0100) 55.34 000018687352 08/28/2022 CALNET3-9391023477 (582-9803) 26.34 Check 09/09/2022 100733 Accounts Payable California Department of Conservation 10,263.46 Invoice Date Description Amount.

Q2 April-June 20 08/22/2022 Q2 April-June 20 SMIP 10,263.46 Check 09/09/2022 100734 Accounts Payable California Department of Justice 448.00 Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 09/09/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 1 of 8 9/8/2022 12:02:12 PM
Agenda Item: 8a
1 Invoice Date Description Amount.
595233 08/04/2022 Cust #110312 448.00
Check 09/09/2022 100735 Accounts Payable California Fire Protection Inc. 1,134.70 Invoice Date Description Amount.
0000001469357 08/30/2022 Reimbursement for Gabilan Camp 1,134.70 Check 09/09/2022 100736 Accounts Payable Certified Folder Display Service, Inc. 298.58 Invoice Date Description Amount.
597225-R 09/01/2022 Distribution of Restaurant Guides - October 2022 298.58 Check 09/09/2022 100737 Accounts Payable FedEx 19.95
Invoice Date Description Amount.
7-864-64278 08/26/2022 Acct #3995-9218-6 19.95
Check 09/09/2022 100738 Accounts Payable Gavilan Pest Control 415.00 Invoice Date Description Amount.
0142889 12/08/2021 Preston Park Squirrels 180.00
0144091 02/09/2022 120 Seaside Circle Rodents 80.00
0142815 12/02/2021 120 Seaside Circle Rodents 80.00
0135169 12/02/2020 120 Seaside Circle Rodents 75.00
Check 09/09/2022 100739 Accounts Payable Goldfarb & Lipman 8,459.42 Invoice Date Description Amount.
146446 08/26/2022 The Dunes - July 2022 4,416.00
146445 08/26/2022 Marina Heights - July 2022 672.00
146444 08/26/2022 General File - July 2022 3,371.42
Check 09/09/2022 100740 Accounts Payable Green Line 1,410.00 Invoice Date Description Amount.
72626 08/17/2022 PD Drain 1,410.00
Check 09/09/2022 100741 Accounts Payable Hinderliter, de Llamas & Associates 300.00 Invoice Date Description Amount.

SIN021247 08/31/2022 Transfer Tax July-Sep 2022 300.00
Check 09/09/2022 100742 Accounts Payable Home Depot Credit Service 129.79 Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 09/09/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 2 of 8 9/8/2022 12:02:12 PM
2 Invoice Date Description Amount.
08-30-22 08/30/2022 Cypress Knolls(6035 3225 0395 9813) 129.79 Check 09/09/2022 100743 Accounts Payable Triston Jean 253.00 Invoice Date Description Amount.
03-13-22 02/08/2022 Per Diem 253.00
Check 09/09/2022 100744 Accounts Payable Lexis Nexis Risk Solutions 150.00 Invoice Date Description Amount.
1308841-20220731 07/31/2022 Billing ID #1308841 150.00
Check 09/09/2022 100745 Accounts Payable Liebert Cassidy Whitmore 13,756.50 Invoice Date Description Amount.
223498 07/31/2022 LCW - Professional Services 899.00
223499 07/31/2022 LCW - Professional Services 5,328.00
223500 07/31/2022 LCW - Professional Services 1,711.00
223501 07/31/2022 LCW - Professional Services 2,301.00
223502 07/31/2022 LCW - Professional Services 1,697.00
223503 07/31/2022 LCW - Professional Services 310.00
223504 07/31/2022 LCW - Professional Services 1,510.50
Check 09/09/2022 100746 Accounts Payable Marina Coast Water District 14,004.03 Invoice Date Description Amount.
000056018 081321 08/13/2021 208 Palm Ave 147.50
000056024 081321 08/13/2021 Del Monte/Palm 85.60
000056090 081822 08/18/2022 Locke Paddon Park 60.52
000056028 081822 08/18/2022 California at Jerry Ct 36.77 000056061 081822 08/18/2022 Reservation/Locke Paddon Park 82.42 000056042 081822 08/18/2022 3040 Lake Drive 89.02
000056040 081822 08/18/2022 Hilo Ave 27.26
000056006 081822 08/18/2022 188 Seaside Circle 62.32
012016000 081822 08/18/2022 199 A Paddon Place 36.77
000056045 081822 08/18/2022 3100 Preston Drive 9,647.16 000056046 081822 08/18/2022 3100 Preston Drive 150.82
000056094 081822 08/18/2022 2660 5th Ave 426.66
Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 09/09/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 3 of 8 9/8/2022 12:02:12 PM
3 000056001 081321 08/13/2021 209-13 Cypress Ave 98.90
000056017 081321 08/13/2021 208-A Palm Ave 77.77
000056019 083121 08/13/2021 211 Hillcrest Ave 980.39
000056022 081321 08/13/2021 Reser/Marina Auto Stereo/Irrigation 35.35 000056027 041720 04/17/2020 Calif Ave at Reindollar 50.89 000056001 081222 08/12/2022 209-13 Cypress Ave 102.85
000056016 081222 08/12/2022 Resev Rd & Seacrest Ave-Next to Fire Hyd 36.77 000056017 081222 08/12/2022 208-A Palm Ave 80.86
000056018 081222 08/12/2022 208 Palm Ave 270.34
000056019 081222 08/12/2022 211 Hillcrest Ave 1,022.98
000056020 081222 08/12/2022 304 Hillcrest Ave 107.37
000056021 081222 08/12/2022 Reservation Rd/By 290-308 Reservation 40.42 000056022 081222 08/12/2022 Reser/Marina Auto Stereo/Irrigation 51.37 000056024 081222 08/12/2022 Del Monte/Palm 89.02
000056027 081222 08/12/2022 Calif Ave at Reindollar 36.77 000056025 081222 08/12/2022 327 Reindollar Ave 69.16
Check 09/09/2022 100747 Accounts Payable Marina Plumbing 245.30 Invoice Date Description Amount.
51967 08/29/2022 Airport Mainline Stoppage 245.30
Check 09/09/2022 100748 Accounts Payable Maynard Group Inc. 656.24 Invoice Date Description Amount.

IN2029802 09/01/2022 Acct # AC3746 656.24
Check 09/09/2022 100749 Accounts Payable Microsoft 1,518.80 Invoice Date Description Amount.

E0700JY1JF-R 08/11/2022 Citywide MS Office 365 - August 2022 48.00 E0700JY1HB-R 08/11/2022 Citywide MS Office 365 - August 2022 40.00 E0700JY3HB-R 08/11/2022 Citywide MS Office 365 - August 2022 235.36 E0700JY1HC-R 08/11/2022 Citywide MS Office 365 - August 2022 64.00 E0700JY1JG-R 08/11/2022 Citywide MS Office 365 - August 2022 1,131.44 Check 09/09/2022 100750 Accounts Payable Monterey County Herald 161.87 Invoice Date Description Amount.
0006694287-R 08/27/2022 Public Hearing Notice - Cardrooms 161.87 Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 09/09/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 4 of 8 9/8/2022 12:02:12 PM
4 Check 09/09/2022 100751 Accounts Payable Monterey County Petroleum-Sturdy Oil Co. 8,634.40 Invoice Date Description Amount.
25501A-IN 08/23/2022 Regular Ethenol 6,266.47
25550A-IN 08/31/2022 Regular Ethenol 2,367.93
Check 09/09/2022 100752 Accounts Payable Motorola Solutions, Inc. 124.02 Invoice Date Description Amount.
8281428979 07/29/2022 Account: 10368864173, CBL ASSY USB & Portable Programming Cable 124.02 Check 09/09/2022 100753 Accounts Payable My Jeep Chrysler Dodge 87.99 Invoice Date Description Amount.

JECS323001 08/29/2022 20 Dodge Durango UT 87.99
Check 09/09/2022 100754 Accounts Payable MyFleetCenter - Wisconsin Quick Lube 113.46 Invoice Date Description Amount.
3676700 08/29/2022 2018 Chevy Colorado 113.46
Check 09/09/2022 100755 Accounts Payable Office Depot 265.95 Invoice Date Description Amount.
263184370001 08/19/2022 Office Depot Planning Suppllies 13.84 264150583001 08/23/2022 Office Depot Planning Supplies 252.11 Check 09/09/2022 100756 Accounts Payable Office Depot 65.76 Invoice Date Description Amount.
262726867001 08/24/2022 Office Supplies 65.76
Check 09/09/2022 100757 Accounts Payable Pinnacle Healthcare 352.00 Invoice Date Description Amount.
381990 08/19/2022 Pinnacle Healthcare - Pre Emp Px 150.00 381200 08/17/2022 Pinnacle Healthcare - Pre Emp Px 202.00 Check 09/09/2022 100758 Accounts Payable Pitney Bowes 1,375.38 Invoice Date Description Amount.
3105650844-R 08/26/2022 Postage Meter Quarterly Lease Payment 1,375.38 Check 09/09/2022 100759 Accounts Payable Pure H2O 202.08 Invoice Date Description Amount.

Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 09/09/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 5 of 8 9/8/2022 12:02:12 PM
5 17811 09/01/2022 Water Cooler Service Police & Fire 01/01/22 202.08 Check 09/09/2022 100760 Accounts Payable Quill Corporation 876.35 Invoice Date Description Amount.
27187321 08/20/2022 Acct # 7474999 119.15
27155898 08/18/2022 Acct # 7474999 138.08
27162656 08/19/2022 Acct # 7474999 18.49
27154232 08/18/2022 Acct # 7474999 5.28
27155483 08/18/2022 Acct # 7474999 175.88
27093469 08/17/2022 Acct # 7474999 48.06
27086854 08/16/2022 Acct # 7474999 175.88
27086983 08/16/2022 Acct # 7474999 97.22
27085716 08/16/2022 Acct # 7474999 98.31
Check 09/09/2022 100761 Accounts Payable Sierra Springs & Alhambra 172.74 Invoice Date Description Amount.
969351 082722 08/27/2022 2660 5th Ave Corp Yard 46.42
7266038 090222-R 09/02/2022 Water Cooler Rental and Replacement Water 126.32 Check 09/09/2022 100762 Accounts Payable SpeakWrite 1,318.43 Invoice Date Description Amount.
c9f06e18 09/01/2022 City of Marina CA Police Dept BIlling Acct 1,318.43 Check 09/09/2022 100763 Accounts Payable TechRx Technology Services 15,404.41 Invoice Date Description Amount.
10342 08/31/2022 10TB WD Purple Pro Surveillance Internal HD - Ron Powell 552.38 10391 09/01/2022 IT Support - August 2022 8,160.00
10373 09/01/2022 Ninite Monthly Subscription - September 2022 112.50 10374 08/31/2022 Veeam Virtual Backup Monthly Subscription - September 2022 380.00 10353 08/31/2022 Council Chambers Equipment Upgrade 3,974.98 10326 08/02/2022 2 Monitors and HDMI Cables 480.70
10343 08/31/2022 GPS USB & USB Network Adaptor 196.65
10333-R 09/01/2022 Citywide MS Office 365 - September 2022 1,547.20 Check 09/09/2022 100764 Accounts Payable U.S. Bank Equipment Finance 216.32 Invoice Date Description Amount.

IN2897226 08/25/2022 Acct # SOS-CIT-1600-Z - City of Marina PD 637.11 Check 09/09/2022 100769 Accounts Payable Alliance Career Training Solutions 2,370.00 Invoice Date Description Amount.
3323 08/25/2022 Acts Class Training Microsoft 2,370.00
Check 09/09/2022 100770 Accounts Payable Cheryl Kent 1,920.00 Invoice Date Description Amount.
2022-110 09/01/2022 Code Enforcement Investigations 1,920.00 Check 09/09/2022 100771 Accounts Payable Marina Employees Association 135.00 Invoice Date Description Amount.
09-02-22 09/02/2022 24 - MEA Dues 135.00
Check 09/09/2022 100772 Accounts Payable Marina Professional Fire Fighters Association
300.00
Invoice Date Description Amount.
09-02-22 09/02/2022 35 - MPFFA Dues 300.00
EFT 09/09/2022 2536 Accounts Payable Marina Police Association-MPOA 322271627 / 901587928 240.00 Invoice Date Description Amount
Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 09/09/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 7 of 8 9/8/2022 12:02:12 PM
7 .
09-02-22 09/02/2022 23 - MPOA Dues 240.00
EFT 09/09/2022 2537 Accounts Payable Police Officers Association - POA 322271627 / 901589106 1,296.00 Invoice Date Description Amount.
09-02-22 09/02/2022 25 - POA Dues 1,296.00
905 Chase - Checking Totals: Transactions: 47 $103,746.48 Checks: 45 $102,210.48
EFTs: 2 $1,536.00
Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 09/09/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 8 of 8 9/8/2022 12:02:12 PM
8 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
905 - Chase - Checking
Check
100773 09/16/2022 Open Accounts Payable Ace Hardware $198.21 Invoice Date Description Amount
082901 08/29/2022 Drilling hammer & acetone $48.05
083005 09/12/2022 Misc supplies for station 2 $150.16
100774 09/16/2022 Open Accounts Payable Ace Hardware $62.23 Invoice Date Description Amount
082950-R 09/02/2022 Cust. # 116 $62.23
100775 09/16/2022 Open Accounts Payable Ace Hardware $144.71 Invoice Date Description Amount
082955 09/02/2022 Lily's Office $8.72
082906 08/30/2022 Windy Hill Trash Can $3.91
083009 09/12/2022 PD Bathroom Sink $40.40
083008 09/12/2022 PD Bathroom Sink $7.64
083007 09/12/2022 PD Bathroom Sink $44.76
082987 09/08/2022 Shop Supplies $13.09
083011 09/12/2022 Teen Center $26.19
100776 09/16/2022 Open Accounts Payable WorleyParsons Group Inc. $14,077.50 Invoice Date Description Amount
397441-R 08/25/2022 Professional Services - MPWSP - July 2022 $14,077.50 100777 09/16/2022 Open Accounts Payable Allstar Fire Equipment Inc. $694.83 Invoice Date Description Amount
242268 08/31/2022 Flare Alert with 8 lights, base & cones. Fire Shovel $694.83 100778 09/16/2022 Open Accounts Payable American Supply Co. $3,206.23 Invoice Date Description Amount
0171406 09/02/2022 Cleaning Supplies $2,106.56
2978334 09/08/2022 Airport $548.72
0171642 09/12/2022 Janitorial Supplies $550.95
100779 09/16/2022 Open Accounts Payable Avaya, Inc. $12.49 Invoice Date Description Amount
2221556676-R 09/03/2022 City of Marina - Public Safety $2.19 2221548608-R 08/28/2022 City of Marina - Public Safety $10.30 100780 09/16/2022 Open Accounts Payable Brian Mooney $571.77 Invoice Date Description Amount
070622 07/06/2022 Mooney, Brian Cypress Knolls July 2022 $571.77 100781 09/16/2022 Open Accounts Payable California Department of Forestry and Fire Pr.
$1,134.70
Invoice Date Description Amount
0000001469357 08/30/2022 Reimbursement for Gabilan Camp $1,134.70 100782 09/16/2022 Open Accounts Payable Carmel Fire Protection Associates $400.00 Invoice Date Description Amount
122356 09/03/2022 Plan review and inspection for Starbuck 24, 200 Res Road
$200.00
122362 09/07/2022 Plan review and inspection at Starbucks 72 $200.00 Thursday, September 15, 2022Pages: 1 of 6user: Rogah Satof Payment Register
Marina, CA LIVE
From Payment Date: 9/16/2022 - To Payment Date: 9/16/2022 9 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
100783 09/16/2022 Open Accounts Payable Carmel Roasters, Inc. $349.60 Invoice Date Description Amount
64921 09/14/2022 FD Coffee - 4 boxes $349.60
100784 09/16/2022 Open Accounts Payable Carrot-Top Industries $81.69 Invoice Date Description Amount
INV108894 07/26/2022 Rings Corner Jack in the Box Flag $81.69 100785 09/16/2022 Open Accounts Payable Chavan & Associates LLP $4,400.00 Invoice Date Description Amount
C&A-17557 09/12/2022 City & Abrams Park Audit $4,400.00 100786 09/16/2022 Open Accounts Payable Chaz Design $9,487.84 Invoice Date Description Amount
3505 09/01/2022 patrol graphics $1,843.29
3506 09/01/2022 Police car graphics $1,843.29
3475 09/01/2022 Police car graphics $111.72
3504 09/01/2022 Police car graphics $1,843.29
3470 09/01/2022 police graphics $192.00
3507 09/01/2022 police car graphics $1,843.29
3465 09/01/2022 Police car graphics $1,810.96
100787 09/16/2022 Open Accounts Payable Cintas Corporation $69.30 Invoice Date Description Amount
4130305159 09/02/2022 Mat Service - Police/Fire 09/02/22 $69.30 100788 09/16/2022 Open Accounts Payable Comcast $69.70
Invoice Date Description Amount
08-26-22 08/26/2022 Account: 8155100290083819, Cable Service for Police & Fire
$69.70
100789 09/16/2022 Open Accounts Payable CSG Consultants $133,446.68 Invoice Date Description Amount
45636-R 08/12/2022 CSG Marina Building Services through 7/29/22 $34,599.00 B221594 09/01/2022 CSG Building Plan Review Services 8/1/2022- 8/31/2022
$7,403.68
46185 09/09/2022 Locke Paddon $301.00
46186 09/09/2022 Annual Street Resurfacing $5,808.00
46187 09/09/2022 Imjin Widening $1,947.00
46188 09/09/2022 Salinas Ave Widening $169.00
46189 09/09/2022 Local Roadway Safety Plan $169.00
46190 09/09/2022 PFIP Update $507.00
46191 09/09/2022 Martin Luther King Jr Statue $84.50
46192 09/09/2022 Permits/Developments $17,201.00
46205 09/09/2022 Dunes Phase 1B Promenade $11,982.00
46193 09/09/2022 Staff Augmentation $1,605.50
46194 09/09/2022 RWQCB $169.00
46016 09/09/2022 CSG Marina Building Services FY 17-23 8/26/22 $31,611.50 46195 09/09/2022 Sea Haven Phase 3 Map/Plan Renew $3,211.00 46196 09/09/2022 Sea Haven Phase 3A Inspection $5,280.00 46197 09/09/2022 Marina Station $1,521.00
46198 09/09/2022 Dunes Phase 2 East $2,418.50
46199 09/09/2022 Dunes Phase 2 West $382.00
46200 09/09/2022 Dunes Op Site 1A $1,756.00
Thursday, September 15, 2022Pages: 2 of 6user: Rogah Satof Payment Register
Marina, CA LIVE
From Payment Date: 9/16/2022 - To Payment Date: 9/16/2022 10 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
46201 09/09/2022 Dunes Phase 3 West $1,521.00
45923 09/09/2022 Fire Inspection by CSG: Eric Rodewald $3,800.00 100790 09/16/2022 Open Accounts Payable David Salazar $447.84 Invoice Date Description Amount
07-2022 07/07/2022 D. Salazar Cypress Kknolls Reimbursement - July 2022
$447.84
100791 09/16/2022 Open Accounts Payable East Bay Tire Co. $2,528.39 Invoice Date Description Amount
1865672 (-R) 09/01/2022 PD Tires $2,528.39
100792 09/16/2022 Open Accounts Payable Emergency Vehicle Specialists $2,488.67 Invoice Date Description Amount
14182 08/11/2022 Admin., Commander Vehicle Command Box $2,488.67 100793 09/16/2022 Open Accounts Payable Epic Aviation $66,571.87 Invoice Date Description Amount
B7590968-R 08/03/2022 Jet A Fuel $33,285.24
7606088 09/12/2022 Jet A Fuel $33,286.63
100794 09/16/2022 Open Accounts Payable Fastenal Company $23.45 Invoice Date Description Amount
CASAL154621 08/23/2022 Shop Supplies $23.45
100795 09/16/2022 Open Accounts Payable Gavilan Pest Control $90.00 Invoice Date Description Amount
0148425 09/02/2022 Customer: Marina FD, Pest Control at Station 2 $90.00 100796 09/16/2022 Open Accounts Payable George T. Powell $1,300.00 Invoice Date Description Amount
09012022 09/01/2022 Parking Rental Fees $1,300.00
100797 09/16/2022 Open Accounts Payable Harris & Associates $9,092.90 Invoice Date Description Amount
54162 (-R) 09/02/2022 Pre Construction Coordination $382.90 54283 09/12/2022 Harris & Associates July 31, 2022 - August 27, 2022 $8,710.00 100798 09/16/2022 Open Accounts Payable HF&H Consultants $7,680.00 Invoice Date Description Amount
9719443 08/30/2022 Rate Analysis $7,680.00
100800 09/16/2022 Open Accounts Payable L.N. Curtis & Sons $1,237.24 Invoice Date Description Amount
INV628193 08/31/2022 Fire axe with wood handle $280.50
INV630437 09/09/2022 Pickhead axe oversized leather belt $206.69 INV630597 09/09/2022 (4) 5 Gallon A/B Fluorine Free Foam $750.05 100801 09/16/2022 Open Accounts Payable Lexipol $10,941.95 Invoice Date Description Amount
INVCOR472 09/01/2022 Wellness Program $5,949.15
INVLEX12274 09/08/2022 Annual Fire Policy Manual & Daily Training Bulletin $4,992.80 100802 09/16/2022 Open Accounts Payable Liebert Cassidy Whitmore $12,934.50 Invoice Date Description Amount
225211 08/31/2022 Professional Services - ERMA - August 2022 $1,733.00 224737 08/31/2022 Professional Services - Advise - August 2022 $1,333.00 Thursday, September 15, 2022Pages: 3 of 6user: Rogah Satof Payment Register
Marina, CA LIVE
From Payment Date: 9/16/2022 - To Payment Date: 9/16/2022 11 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
224736 08/31/2022 Professional Services - Disability Advise & Counsel - August 2022
$582.50
225210 08/31/2022 Professional Services - Disability Advise & Counsel - August 2022
$1,134.50
225209 08/31/2022 Professional Services - Disability Advise & Counsel - August 2022
$3,069.00
225208 08/31/2022 Professional Services - ERMA - August 2022 $581.50 225865 08/31/2022 Professional Services - Labor Negotiations - August 2022
$4,346.00
224735 08/31/2022 Professional Services - General - August 2022 $155.00 100803 09/16/2022 Open Accounts Payable Marina Coast Water District $1,795.48 Invoice Date Description Amount
000056036 083122 09/09/2022 2nd Ave/Divarty & Intergarrison $171.02 0000560370 08312 08/31/2022 2nd Ave $171.02
000056095 083122 08/31/2022 2nd Ave $356.07
000056099 083122 08/31/2022 9th Street West of 2nd Avenue $189.90 000056100 083122 08/31/2022 9th Street (Irrigation) Parcels L&M $907.47 100804 09/16/2022 Open Accounts Payable Monterey Bay Office Products $380.20 Invoice Date Description Amount
481721934 09/02/2022 City Hall Copier Lease Payment - September 2022 $380.20 100805 09/16/2022 Open Accounts Payable Monterey County Department of Health
$925.00
Invoice Date Description Amount
MRN-PD 20-10 12/04/2020 Sart Exam 12/04/2020 $925.00
100806 09/16/2022 Open Accounts Payable Monterey County Peace Officers Association
$630.00
Invoice Date Description Amount
2022054R-R 09/05/2022 Marin PD - Aug 2022 Range Use $630.00 100807 09/16/2022 Open Accounts Payable Monterey Regional Waste Management District
$5.00
Invoice Date Description Amount
3672256 09/06/2022 Airport Dump Run $5.00
100808 09/16/2022 Open Accounts Payable Richard Moreno $350.00 Invoice Date Description Amount
09-13-22 09/13/2022 Per Diem - R. Moreno, ICI Core Course $350.00 100809 09/16/2022 Open Accounts Payable My Chevrolet $415.18 Invoice Date Description Amount
CVCS252764 (-R) 08/30/2022 17 Chevy Caprice PD $415.18
100810 09/16/2022 Open Accounts Payable MyFleetCenter - Wisconsin Quick Lube
$187.89
Invoice Date Description Amount
3677166 09/06/2022 2014 Chevy Caprice $32.98
3676817 08/31/2022 2014 Chevy Caprice $154.91
100811 09/16/2022 Open Accounts Payable New Image Landscape Co. $2,140.00 Invoice Date Description Amount
139331 08/31/2022 Landscape Maintenance August 2022 $2,140.00 Thursday, September 15, 2022Pages: 4 of 6user: Rogah Satof Payment Register
Marina, CA LIVE
From Payment Date: 9/16/2022 - To Payment Date: 9/16/2022 12 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
100812 09/16/2022 Open Accounts Payable Office Depot $86.53 Invoice Date Description Amount
2569961507001 08/26/2022 Office Depot Planning Supplies $86.53 100813 09/16/2022 Open Accounts Payable Michael Ross $142.50 Invoice Date Description Amount
820 09/08/2022 Ladder repair/maintenance $142.50
100814 09/16/2022 Open Accounts Payable Ross Recreation Equipm. $1,027.54 Invoice Date Description Amount
I21004 05/18/2022 Windy Hill Barrier $1,027.54
100815 09/16/2022 Open Accounts Payable South Bay Regional Public Safety Training Cons.
$1,827.00
Invoice Date Description Amount
223079-R 08/22/2022 Driving PSP PM - 8/11 $1,200.00
223080-R 08/22/2022 Driving PSP AM - 8/11 $450.00
223089-R 08/25/2022 Field Training Officers Course - 8/15-8/19 $177.00 100816 09/16/2022 Open Accounts Payable Suburban Propane $259.28 Invoice Date Description Amount
1602-106196 08/05/2022 2660 5th Ave $259.28
100817 09/16/2022 Open Accounts Payable TK Elevator $1,390.19 Invoice Date Description Amount
3006805414 09/01/2022 Full Maintenance $1,390.19
100818 09/16/2022 Open Accounts Payable United Parcel Service $62.67 Invoice Date Description Amount
00008Y4481362 09/03/2022 Shipper#: 8Y4481, Shipping charges - J. McCoy $62.67 100819 09/16/2022 Open Accounts Payable United Way Monterey County $5,000.00 Invoice Date Description Amount
09-07-22 09/07/2022 Financial Support for 211 Monterey County 2022/2023 $5,000.00 100820 09/16/2022 Open Accounts Payable Pluto Acquisition OpCo, LLC $175.00 Invoice Date Description Amount
202208023118 08/31/2022 Background - Credit Check $175.00 100821 09/16/2022 Open Accounts Payable Valley Saw & Garden Equipment $196.58 Invoice Date Description Amount
312760 09/07/2022 Airport Fuel $196.58
100822 09/16/2022 Open Accounts Payable Vapor Cleaners, Inc. $198.90 Invoice Date Description Amount
08-012203 09/01/2022 Turnout cleaning & repair for C. Vega $198.90 100823 09/16/2022 Open Accounts Payable Verde Design, Inc. $1,050.00 Invoice Date Description Amount
1-2207300 (-R) 09/01/2022 Glorya Jean Tate Park Improvements Project $1,050.00 100824 09/16/2022 Open Accounts Payable Wallace Group, Inc. $57,914.55 Invoice Date Description Amount
57186 (-R) 09/02/2022 Program Management $33,380.22
57187 (-R) 09/02/2022 Airport Project Management $1,462.50 57165 (-R) 09/02/2022 Blight Removal $1,264.25
57148 (-R) 09/02/2022 Sea Haven City Park $1,023.38
Thursday, September 15, 2022Pages: 5 of 6user: Rogah Satof Payment Register
Marina, CA LIVE
From Payment Date: 9/16/2022 - To Payment Date: 9/16/2022 13 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
57120 (-R) 09/02/2022 Airport B533 Exterior CM $532.50
57119 (-R) 09/02/2022 Glorya Jean Tate Park Pump Track & Restroom Improvements
$8,993.52
57117 (-R) 09/01/2022 Airport Fuel Farm Backup Power $43.75 57116 (-R) 09/01/2022 Airport Fuel Farm 100LL Tank Replacement $262.50 57105 (-R) 09/01/2022 California Ave Pedestrian Crossing $2,205.50 57106 (-R) 09/01/2022 Annual Resurfacing $518.25
57024 (-R) 08/31/2022 Hayes Circle Two Lot Transfer $174.00 57149 (-R) 09/02/2022 MLK Sculpture CDs $8,054.18
100825 09/16/2022 Open Accounts Payable William A. Thayer Construction, Inc $39,601.05 Invoice Date Description Amount
2021-09-2 (-R) 08/31/2022 Airport Building 533 Improvements $17,237.30 2022-10-3 08/31/2022 Fire Station 3 Reroof and Clean up Project $22,363.75 100826 09/16/2022 Open Accounts Payable SWCA Envrionmental Consultants $3,362.50 Invoice Date Description Amount
151875-R 09/02/2022 SWCA $3,362.50
Type Check Totals: 53 Transactions $402,867.33
905 - Chase - Checking Totals
Checks Status Count Transaction Amount Reconciled Amount Open 53 $402,867.33 $0.00
Reconciled 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 53 $402,867.33 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 53 $402,867.33 $0.00
Reconciled 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 53 $402,867.33 $0.00
Grand Totals:

Checks Status Count Transaction Amount Reconciled Amount Open 53 $402,867.33 $0.00
Reconciled 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 53 $402,867.33 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 53 $402,867.33 $0.00
Reconciled 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 53 $402,867.33 $0.00
Thursday, September 15, 2022Pages: 6 of 6user: Rogah Satof Payment Register
Marina, CA LIVE
From Payment Date: 9/16/2022 - To Payment Date: 9/16/2022 14 September 14, 2022 Agenda Item: 8g(1)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of September 20, 2022
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2022-,

AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE JULY 1, 2021 TO JUNE 30, 2023 MEMORANDUM

OF UNDERSTANDING BETWEEN THE CITY OF MARINA AND THE
MARINA PROFESSIONAL FIREFIGHTERS ASSOCIATION (MPFFA);
AND, AUTHORIZING ADJUSTMENTS TO THE CITY’S SALARY

SCHEDULE AND COMPENSATION PLAN AND AUTHORIZING THE

FINANCE DIRECTOR TO MAKE APPROPRIATE BUDGET AND

ACCOUNTING ENTRIES
REQUEST:

It is recommended that the City Council consider:

1. Adopting Resolution No. 2022- authorizing the City Manager to execute an Amendment to the Memorandum of Understanding between the City of Marina and the Marina Professional Fire Fighters Association (MPFFA) (EXHIBIT A);

2. Authorizing adjustments to the City’s Salary Schedule (EXHIBIT B) and Compensation Plan, and;

3. Authorizing Finance Director to make appropriate accounting and budgetary entries.

BACKGROUND:

On December 7, 2021, the City Council adopted Resolution No. 2021-127 authorizing the City Manager to execute a Memorandum of Understanding (MOU) between the City of Marina and the Marina Professional Fire Fighters’Association.

The MOU included a 2-year agreement spanning July 1, 2021 to June 30, 2023. The agreement called for a 2.5% cost of living adjustment for FY 21/22 and a variable cost of living adjustment for FY 22/23 based upon the April 2022 SF/Oakland CPI but not less than 2% and not more than

3.5%. The MPFFA had the option to request a reopener to discuss the 2nd year CPI increase if they chose to.

ANALYSIS:

On June 20, 2022, the MPFFA made the request to reopen the negotiations limited to only the 2nd year cost of living adjustment. As stated earlier, the MOU allowed for a maximum of 3.5% cost of living increase. Based on the CPI being higher than 3.5%, the MPFFA desired to request an increase greater than 3.5%.

The amended MOU included as Exhibit “A”, contains a 4% cost of living increase for the second year of the MOU. No other terms of the MOU have been changed. This amendment to the MOU will be effective as of July 1, 2022, through June 30, 2023. 1 FISCAL IMPACT
The fiscal impact of the increased cost to the City from the proposed cost of living increase from

3.5% to 4% is approximately $13,000.

CONCLUSION:

This request is submitted for City Council consideration and approval.

Respectfully submitted,

_______________________
Matt Mogensen
Assistant City Manager

____________________________
Layne Long
City Manager
City of Marina

2 RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA AUTHORIZING THE

CITY MANAGER TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF MARINA AND THE MARINA PROFESSIONAL FIRE FIGHTERS’ ASSOCIATION

WHEREAS, on December 7, 2021, the City Council adopted Resolution No. 2021-127 authorizing the City Manager to execute a Memorandum of Understanding (MOU) between the City of Marina and the Marina Professional Fire Fighters ‘Association; and

WHEREAS, the MOU included a 2-year agreement spanning July 1, 2021 to June 30, 2023. The agreement called for a 2.5% cost of living adjustment for FY 21/22 and a variable cost of living adjustment for FY 22/23 based upon the April 2022 SF/Oakland CPI but not less than 2% and not more than 3.5%. The MPFFA had the option to request a reopener to discuss the 2nd year CPI; and

WHEREAS, on June 20, 2022, the MPFFA made the request to reopen the negotiations limited to only the 2nd year cost of living adjustment; and

WHEREAS, the City and the MPFFA have agreed to a 4% cost of living increase for the 2nd year of the MOU; and

WHEREAS, the City of Marina and the Marina Professional Fire Fighters’ Association have met and conferred in good faith and have reached a tentative agreement to approve the Amendment to the Memorandum of Understanding; and

WHEREAS, the term of the Amendment to the Memorandum of Understanding will expire on June 30, 2023, and;

WHEREAS, the fiscal impact of the increased cost to the City from the proposed cost of living increase from 3.5% to 4% is approximately $13,000; and;

WHEREAS, the cost of the proposed salary and benefit adjustments can be funded from on-going revenues from the General Fund.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Marina do hereby:

1. Adopt Resolution No. 2022- authorizing the City Manager to execute an Amendment to the Memorandum of Understanding between the City of Marina and the Marina Professional Fire Fighters Association (MPFFA) (EXHIBIT A); and

2. Authorize adjustments to the City Salary Schedule and Compensation Plan; and

3. Authorize the Finance Director to make appropriate accounting and budgetary entries.

3 Resolution No. 2022 -

Page 2 ends

PASSED AND ADOPTED, by the City Council of the City of Marina at a regular meeting duly held on the 20th day of September 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

__________________________
Bruce C. Delgado, Mayor
ATTEST:

___________________________
Anita Sharp, Deputy City Clerk

4 Amendment No. 1

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MARINA AND THE MARINA PROFESSIONAL FIREFIGHTERS’ ASSOCIATION
July 1, 2021 - June 30, 2023

ARTICLE I: PREAMBLE

WHEREAS, the adopted MOU provides the MPFFA the option to request a negotiations reopener for the 2nd year’s Cost of Living Increase if the CPI is higher than 3.5%; and WHEREAS, the CPI for April 2021 to April 2022 was higher than 3.5% for the San Francisco/Oakland region; and
WHEREAS, both the City and MPFFA have met and conferred regarding the 2nd year salary; and WHEREAS, only the Sections of the MOU listed below are being amended are set forth in this Amendment.

NOWTHEREFORE, the parties agree to enter into this First Amendment, and to amend the MOU Between the City of Marina and the Marina Professional Firefighters Association effective as of the date first written above as follows:

Section 1. Wages of the MOU is hereby amended and restated to read in its entirety as follows:

Section 1. Wages
All unit classifications shall be paid the rates reflected on the July 1, 2021, Salary Table contained in Exhibit “A”. The published rates on the July 1, 2021, Table include the increase listed in Section A below.

Effective the first pay period after July 1, 2021, all unit classifications will receive a 2.5% general pay increase.

A. Starting with the first full pay period after July 1, 2022, all unit classifications shall have their classifications increased by 4%.

CITY OF MARINA MARINA PROFESSIONAL FIRE

FIGHTERS ASSOCIATION

By:____________________________ By:________________________________

Date:__________________________ Date:______________________________

EXHIBIT A
5 EXHIBIT A

Salary Table July 1, 2022

Title Step A Step B Step C Step D Step E
Fire Captain $35.7814 $37.5704 $39.4490 $41.4214 $43.4925 Fire Engineer $31.8708 $33.4644 $35.1376 $36.8945 $38.7392 Fire Fighter $29.1865 $30.6458 $32.1780 $33.7870 $35.4763

6 EXHIBIT B

Revised Salary Schedules

Marina Professional Fire Fighters’ Association July 1, 2022

7 September 9, 2022 Item No. 11a
Honorable Mayor and Members City Council Meeting
of the Marina City Council of September 20, 2022
CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 20 22-,

APPROVING THE MEMORANDUM OF UNDERSTANDING (MO U) FOR THE

ODOR ATTRIBUTION STUDY BETWEEN THE REGEN MONTEREY
(REGEN), MONTEREY ONE WATER (M1W), AND THE CITY OF MARINA ,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE MOU SUBJECT TO

FINAL REVIEW AND APP ROVAL BY THE CITY ATTORNEY , AND

AUTHORIZING THE FINANCE D IRECTOR TO MAKE NECESSARY
ACCOUNTING AND BUDGETARY ENTRIES.

REQUEST:

It is requested that the City Council:

1. Adopt Resolution No. 2022-, approving the Memorandum of Understanding (MOU) for the odor att ribution study between the ReGen Monterey (ReGen), Monterey One Water (M1W), and the City of Marina (EXHIBIT A), and

2. Authorizing the City Manager to execute the amendment subject to final review and approval by the City Attorney, and

3. Authorizing the Finance Director to make necessary accounting and budgetary entries.

BACKGROUND:

A number of odor complaints have been reported to the City and the Monterey Bay Air Resources District (MBARD) by citizens of the City of Marina in recent years . The complaints are often repo rted after hours and often appear to be t ransitory in nature. Several surrounding public agencies have also been engaged with the City and MBARD during this time and have been working cooperatively to identify weather -related i nformation such as wind speed , direction, and temperature during each reported event, in addition to investigating current operating conditions at their facilities and, when timely, visiting the area of the reported odor.

A public meeting was held on January 27 , 2021 , where representatives of ReGen Monterey (ReGen), Monterey One Water (M1W) , Monterey Bay Air Resources District (MBARD), Monterey County Health D epartment, as well as experts in agriculture and composting participated on an information panel and answered questions for the public. One of the outcomes of the meeting was a commitment to conduct an odor attribution study to positively identify odor sources and develop possible mitigation measures for consideration. From the initial meetings , ReGen and M1W each committed to pay ing up to $ 50,000 for a total o f $100,000 to fund the odor study.

On April 19, 2022 , t he City Council approved resolution no. 2022-49 to release an RFP for hiring a contractor to conduct an odor attribution study . Based on the evaluation pro cess and interviews with consultants on July 8, SCS Engineers was selected as the most qualified firm for conducting the odor attribution study . Approval of an agreement with SCS Engineers is an item for the city council’s cosideration on this meeting agenda. 1 ANALYSIS:

After selecting the most qualified consultant by the City and receiving the fee proposal and scope of work, the staff coordinated another meeting on August 29 with representatives from ReGen and M1W to negotiate over increasing the contributions of each agency to cover all the expenses proposed by the selected consultant for the odor attribution study. ReGen and M1W respectively increased their commitment to paying up to $75,000 each and paying $150,000 in total.

The City has prepared an MOU between the ReGen, M1W, and the City. Per the proposed MOU, the City is responsible for issuing the RFP, hiring a contractor, and performing the study. Also, ReGen and M1W will reimburse the City for the project's expenses, excluding the City staff time up to $75,000 per agency, and in a total amount of $150,000. ReGen and M1W may elect to pay the City all, or portio ns of, their share in advance of expenses incurred due to the consultant’s conduct of the study. Approving the MOU wi ll provide the funding and reimbursement of the project cost and outline the scope of work and duties of each agency during the project.

FISCAL IMPACT:

The estimated annual cost to the City for the staff time needed for meetings and review of reports for FY 2022-2023 will be $3708.88.

CONCLUSION:

This request is submitted for City Council consideration and possible action.

Saber Messhenas
Assistant Civil Engineer
City of Marina

REVIEWED/CONCUR:

Brian McMinn, P.E., P.L.S.

Public Works Director/City Engineer
City of Marina

Layne P. Long
City Manager
City of Marina
2 RESOLUTION NO. 2022-

CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 2022-,

APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) FOR THE

ODOR ATTRIBUTION STUDY BETWEEN THE REGEN MONTEREY (REGEN), MONTEREY ONE WATER (M1W), AND THE CITY OF MARINA, AUTHORIZING

THE CITY MANAGER TO EXECUTE THE MOU SUBJECT TO FINAL REVIEW

AND APPROVAL BY THE CITY ATTORNEY, AND AUTHORIZING THE

FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING AND

BUDGETARY ENTRIES

WHEREAS, a number of odor complaints have been reported to the City and the Monterey Bay Air Resources District (MBARD) by citizens of the City of Marina in recent years. The complaints are often reported after hours and often appear to be transitory in nature. Several surrounding public agencies have also been engage d with the City and MBARD during this time and have been working cooperatively to identify weather -related information such as wind speed, direction, and temperature during each reported event, in addition to investigating current operating conditions at t heir facilities and, when timely, visiting the area of the reported odor. ; and

WHEREAS, a public meeting was held on January 27, 2021, where representatives of ReGen Monterey (ReGen), Monterey One Water (M1W), Monterey Bay Air Resources District (MBARD), Mont erey County Health Department, as well as experts in agriculture and composting participated on an information panel and answered questions for the public. One of the outcomes of the meeting was a commitment to conduct an odor attribution study to positively identify odor sources and develop possible mitigation measures for consideration. From the initial meetings, ReGen and M1W each committed to paying up to $50,000 for a total of $100,000 to fund the odor study; and

WHEREAS, on April 19, 2022, the City C ouncil approved resolution n o. 2022-49 to release an RFP for hiring a contractor to conduct an odor attribution study. Based on the evaluation process and interviews with consultants on July 8, SCS Engineers was selected as the most qualified firm for conducting the odor attribution study. Approval of an agreement with SCS Engineers is an item for the city council’s cosideration on this meeting agenda; and

Whereas, after selecting the most qualified consultant by the City and receiving the fee proposal and scope of work, the staff coordinated another meeting on August 29 with representatives from ReGen and M1W to negotiate over increasing the contributions of each agency to cover all the expenses proposed by the selected consultant for the odor attribution study. ReGen and M1W respectively increased their commitment to paying up to $75,000 each and paying $150,000 in total; and

WHEREAS, the City has prepared an MOU between the ReGen, M1W, and the City. Per the proposed MOU, the City is responsible for issui ng the RFP, hiring a contractor, and performing the study. A lso, ReGen and M1W will reimburse the City for the project's expenses, excluding the City staff time up to $75,000 per agency, and in a total amount of $150,000. ReGen and M1W may elect to pay the City all, or portions of, their share in advance of expense s incurred due to the consultant’s conduct of the study. Approving the MOU will provide the funding and reimbursement of the project cost and outline the scope of work and duties of each agency during the project; and

3 Resolution No. 2022-
Page Two

WHEREAS, the estimated annual cost to the City for the staff time needed for meetings and review of reports for FY 2022-2023 will be $3708.88; and

NOW, THEREFORE, BE IT RESOLVED th at the City Council of the City of Marina d oes hereby authorize:

1. Approve the Memorandum of Understanding ( MOU) for the odor att ribution study between the ReGen Monterey (ReGen), Monterey One Water (M1W), and the City of Marina (Exhibit A), and

2. Authorize the City Manager to execute the amendment subject to final review and approval by the City Attorney, and

3. Authorize the Finance Director to make necessary accounting and budgetary entries.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on September 20 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

_________________________
Bruce C. Delgado, Mayor

ATTEST:

__________________________
Anita Sharp, Deputy City Clerk
4 30919\002\1605818.2: 71422 1

MEMORANDUM OF UNDERSTANDING

BETWEEN THE MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT,

MONTEREY ONE WATER, AND THE CITY OF MARINA REGARDING AN ODOR

ATTRIBUTION STUDY
This Memorandum of Understanding (“MOU”) is made and entered into as of the date of the signatures set forth below by and between the MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT (“MRWMD”), a California Garbage and Refuse Disposal District, MONTEREY ONE WATER (“M1W”), a California public agency; and the CITY OF MARINA (“City”), a California charter city. Collectively these entities shall be known herein as “Parties” or individually as a “Party.”
Recitals
A. A number of odor complaints have been reported to the CITY and the Monterey Bay Air Resources District (“MBARD”) by residents of the CITY in recent years.

B. A public meeting was held on January 27th, 2021 where representatives of MRWMD, M1W, MBARD, Monterey County Health Department, as well as experts in agriculture and composting participated on an informational panel to answer questions from the public and investigate potential collaborative and coordinated action for addressing the odor attribution in and near the City of Marina.

C. The Parties have determined that it is in their best interests to coordinate their activities related to this topic.

D. The Parties further determined that MRWMD and M1W operations may be identified as possible sources of odors and therefore, it is appropriate for the CITY to hire an independent consultant to conduct an odor attribution study to avoid the actual or apparent conflict of interest.

E. MRWMD and M1W have each agreed to reimburse the CITY in an amount not to exceed $75,000 for a total of $150,000 to fund the odor attribution study.

NOW THEREFORE, in consideration of the mutual benefits to be derived by the Parties, and of the promises contained in this MOU, the Parties agree as follows:

Section 1. Recitals: The recitals set forth above are incorporated herein.

Section 2. Purpose: The purpose of this MOU is to provide a structure for MRWMD and M1W to reimburse the CITY for costs of a consultant to conduct an odor attribution study on behalf of the Parties and the City’s interests in this matter.

Section 3. Voluntary: This MOU is voluntarily entered into by the Parties for the purpose of addressing the public concerns regarding the odor complaints. 5 30919\002\1605818.2: 71422 2

Section 4. Term: This MOU shall become effective on the last day of its execution by the Parties and shall remain in effect until terminated by the Parties.

Section 5. Scope of Work, Costs & Cost Sharing: The scope of work for the CITY includes:

• Issuing the Request for Proposal (RFP) for consultant to perform the study • Evaluating the proposals and selecting consultants for the interview process • Conducting interviews with qualifying consultants
• Entering into an agreement with the final selected consultant • Managing performance of the study through the execution period • Sharing the deliverables of study with the Parties at the end of each phase of the work • Selected consultant’s costs of the study

MRWMD and M1W shall each reimburse the CITY, in equal shares, in an amount not to exceed $75,000 for a total of $150,000 in funding to reimburse the City for the consultant’s costs to perform the study.

MRWMD and M1W may elect to pay the CITY all, or portions of, their share in advance of expenses incurred due to the consultant’s conduct of the study.

Section 6. CITY Agrees:

(a) CITY shall manage the scope of work identified in Section 5, above, which includes contracting with third-party vendors when reasonably necessary and paying those vendors for contracted costs.

(b) CITY will confer with the Parties to determine if an amendment to this MOU is needed in the event unforeseen conditions arise during performance of the study that necessitate a material cost increase over and above the $150,000 agreed to as the cost of the study.

(d) CITY will maintain an accounting of activities and expenses incurred under the scope of work, and provide reconciliation of payments at the conclusion of the study. CITY shall reimburse MRWMD and M1W in equal shares for any unused funds remaining after completion of the study.

Section 7. MRWMD and M1W Each Agree:

(a) To partially reimburse the CITY for costs and expenses incurred by the CITY under this MOU as associated with the consultant’s costs, excluding all the hours expended by CITY staff on this project, in accordance with the proportionate share of MRWMD and M1W as described in Section 5.
6 30919\002\1605818.2: 71422 3

(b) To make a full-faith effort to cooperate with the Parties to achieve the purposes of this MOU by providing information, reviewing information in a timely manner, and informing their respective administration and governing bodies.

Section 8. Termination. Any Party may terminate its participation in this MOU upon providing 30 days advance written notice to the CITY. Within ten days following a Party’s termination date, such Party shall pay CITY all charges then due and payable and shall pay when determined any additional charges that shall later come due under the MOU, subject to the limits set out in Section 5.

Section 9. General Provisions.

(a) This MOU is binding and for the benefit of the respective successors, heirs, and assigns of each Party and the City; provided however, no Party may assign its respective rights or obligations under this MOU without the prior written consent of the City.

(b) This MOU is governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California.

(c) If any provision of this MOU is determined by any court to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOU will not be affected, and this MOU will be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOU.

(d) Waiver by any Party to this MOU of any term, condition, or covenant of this MOU will not constitute a waiver of any other term, condition or covenant. Waiver by any Party of any breach of the provisions of this MOU will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this MOU.

(e) This MOU may be executed in any number of counterparts, each of which is an original but all of which taken together will constitute one and the same instrument, provided, however, that such counterparts have been delivered to all parties to this MOU.

(f) All Parties acknowledge they have been represented, or have had the opportunity to be represented, by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU will be construed according to its fair language. Any ambiguities will be resolved in a collaborative manner by the City and the Parties and must be rectified by amending this MOU.

7 30919\002\1605818.2: 71422 4

IN WITNESS WHEREOF, the Parties have caused this MOU to be executed by their duly authorized representatives as of the date of their respective signatures.

CITY OF MARINA

By: ________________________ DATE: _______________

APPROVED AS TO FORM:

_______________________

MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT (MRWMD)

By: ________________________ DATE: _______________

APPROVED AS TO FORM:

_______________________

MONTEREY ONE WATER (M1W)

By: ________________________ DATE: _______________

APPROVED AS TO FORM:

_______________________

8 September 13, 2022, Item No. 11b
Honorable Mayor and Members City Council Meeting
of the Marina City Council of September 20, 2022
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 202 2-,

APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF MARINA AND SCS ENGINEERS FOR ENVIRONMENTAL

SERVICES FOR THE ODOR ATTRIBUTION STUDY PROJECT ,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENTS O N BEHALF OF THE CITY SUBJECT TO FINAL
REVIEW AND APPROVAL BY THE CITY ATTORNEY.

REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 20 22-, approving a professional services agreement between the City of Marina and SCS Engineers for environmental services for the odor attribution study project (EXHIBIT A); and

2. Authorizing the city manager to execute the agreement on behalf of the City subject to final review and approval by the city attorney.

BACKGROUND:

A number of odor complaints have been reported to the City and the Monterey Bay Air Resources District (MBARD) by citizens of the City of Marina in recent years. The complaints are often reported after hours and often appear to be transitory in nature. Sev eral surrounding public agencies have also been engaged with the City and MBARD during this time and have been working cooperatively to identify weather-related information such as wind speed, direction, and temperature during each reported event, in addit ion to investigating current operating conditions at their facilities and, when timely, visiting the area of the reported odor.

On April 19, 2022, the City Council approved resolution no. 2022 -49 to release a Request for Qualifications for hiring a contractor to conduct an odor attribution study.

ANALYSIS:

City staff issued an RFP on May 17 and received two proposals from SCS Engineers and Montrose Environmental. On July 8, interview meetings were held to evaluate the consultants' qualifications by the interview panel, including two staff members, one representative from Monterey Bay Air Resources District (MBARD), one representative from County of Monterey Health Department, and one representative from the residents. Based on the evaluation process S CS Engineers is selected as the most qualified firm for conducting the odor attribution study with a total cost of $150,000. The study will be conducted over 9 months, and it includes: (EXIHIBT B) • Initial Review of Information
• Review of complaint data
• Review of potential sources
• Meteorological analysis
• Presentation of findings
• Field sampling and analysis program
1 • Odor investigation plan
• Field investigation program
• Reporting
• Project coordination, meetings, and outreach

FISCAL IMPACT:

Staff has prepared a Memorandum of Understanding (MOU) between the City of Marina, ReGen Monterey (ReGen), and Monterey One Water (M1W) for the funding and reimbursement of the project cost and outline the scope of work and duties of each agency during the project. ReGen and M1W will agree based on the MOU, to pay up to $75,000 per agency and $150,000 in total to cover the project expenses, excluding the City staff time. The MOU is an item for City Council consideration on this meeting.

CONCLUSION:

This request is submitted for City Council consideration and action.

Respectfully submitted,

____________________________
Saber Messhenas, E.I.T.

Assistant Civil Engineer / Department of Public Works
City of Marina

REVIEWED/CONCUR:

____________________________
Brian McMinn, P.E., PLS.

Public Works Director & City Engineer
City of Marina

____________________________
Layne Long
City Manager
City of Marina

2 RESOLUTION NO. 2022-

A REOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING A

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MARINA AND SCS

ENGINEERS FOR ENVIRONMENTAL SERVICES FOR THE ODOR ATTRIBUTION STUDY

PROJECT, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS ON

BEHALF OF THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY.

WHEREAS, a number of odor complaints have been reported to the City and the Monterey Bay Air Resources District (MBARD) by citizens of the City of Marina in recent y ears. The complaints are often reported after hours and often appear to be transitory in nature. Several surrounding public agencies have also been engaged with the City and MBARD during this time and have been working cooperatively to identify weather-related information such as wind speed, direction, and temperature during each reported event, in addition to investigating current operating conditions at their facilities and, when timely, visiting the area of the reported odor; and

WHEREAS, on April 19, 2022, the City Council approved resolution no. 2022-49 to release a Request for Qualifications for hiring a contractor to conduct an odor attribution study; and

WHEREAS, City staff issued an RFP on May 17 and received two proposals from SCS Engineers and Montrose Environmental. On July 8, interview meetings were held to evaluate the consultants' qualifications by the interview panel, including two staff members, one representative from Monterey Bay Air Resources District (MBARD), one representative from Cou nty of Monterey Health Department, and one representative from the residents. Based on the evaluation process SCS Engineers is selected as the most qualified firm for conducting the odor attribution study with a total cost of $150,000 (Exihibt B); and

WHEREAS, Staff has prepared a Memorandum of Understanding (MOU) between the City of Marina, ReGen Monterey (ReGen), and Monterey One Water (M1W) for the funding and reimbursement of the project cost and outline the scope of work and duties of each agency during the project. ReGen and M1W will agree based on the MOU, to pay up to $75,000 per agency and $150,000 in total to cover the project expenses, excluding the City staff time. The MOU is an item for City Council consideration on this meeting; and

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Marina does hereby:

1. Approve a professional services agreement between the City of Marina and SCS Engineers for environmental services for the odor attribution study project (Exhibit A); and

2. Authore the city manager to execute the agreement on behalf of the City subject to final review and approval by the city attorney; and

PASSES AND ADOPTED, by the City Council of the City of Marina at a regular meeting duly held on September 20 2022by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

Bruce C. Delgado, Mayor

ATTEST:

Anita Sharp, Deputy City Clerk
3 CITY OF MARINA

AGREEMENT FOR PROFESSIONAL SERVICES

THIS AGREEMENT is made and entered into on , 2022, by and between the City of Marina, a California charter city, hereinafter referred to as the "City," and SCS Engineers, a California Incorporation, hereinafter referred to as the "Contractor." City and Contractor are sometimes individually referred to as "party" and collectively as "parties" in this Agreement.

Recitals

A. City desires to retain Contractor for environmental services for the odor attribution study project, hereinafter referred to as the "Project."

B. Contractor represents and warrants that it has the qualifications, experience, and personnel necessary to properly perform the services as set forth herein.

C. Consultant represents that it has the degree of specialized expertise contemplated within California Government Codes §§37103 and 53060 and holds all necessary licenses to practice and perform the services herein contemplated.

D. City desires to retain Contractor to provide such services.

Terms and Conditions

For of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and in consideration of the mutual promises contained herein, City and Contractor agree to the following terms and conditions:

1. Scope of Work.

(a) Contractor is hereby hired and retained by the City to work in a cooperative manner with the City to fully and adequately perform those services set forth in Exhibit “A” attached hereto (“Scope of Work”) and by this reference made a part hereof. With prior written notice to Contractor, City may elect to delete certain tasks of the Scope of Work at its sole discretion.

(b) Contractor shall perform all such work with skill and diligence and pursuant to generally accepted standards of practice in effect at the time of performance. Contractor shall provide corrective services without charge to the City for work which fails to meet these standards and which is reported to Contractor in writing within sixty days of discovery. Should Contractor fail or refuse to perform promptly its obligations under this Agreement, the City may render or undertake the performance thereof and the Contractor shall be liable for any expenses thereby incurred.

(c) If services under this Agreement are to be performed by a design professional, as that term is defined in California Civil Code §2782.8(b)(2), design professional certifies that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Section 1(a). By delivery of completed work, design professional certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws, and the professional standard of care in California.

(d) Contractor is responsible for making an independent evaluation and judgment of all 4 2

relevant conditions affecting performance of the work, including without limitation site conditions, existing facilities, soils, hydrologic, geographic, climatic conditions, applicable federal, state and local laws and regulations and all other contingencies or considerations.

(e) City shall cooperate with Contractor and will furnish all information data, records and reports existing and available to City to enable Contractor to carry out work outlined in Exhibit “A." Contractor shall be entitled to reasonably rely on information, data, records and reports furnished by the City, however, the City makes no warranty as to the accuracy or completeness of any such information, data, records or reports available to it and provided to Contractor which were furnished to the City by a third party. Contractor shall have a duty to bring to the City's attention any deficiency or error it may discover in any information provided to the Contractor by the City or a third party.

2. Term of Agreement & Commencement of Work.

(a) Unless otherwise provided, the term of this Agreement shall begin on the date of its full execution and shall expire on June 30, 2025, unless extended by amendment or terminated earlier as provided herein. The date of full execution is defined as the date when all of the following events have occurred:

(i) This Agreement has been approved by the City's Council or by the board, officer or employee authorized to give such approval, and;

(ii) The office of the City Attorney has indicated in writing its approval of this Agreement as to form, and;

(iii) This Agreement has been signed on behalf of Contractor by the person or persons authorized to bind the Contractor hereto, and;

(iv) This Agreement has been signed on behalf of the City by the person designated to so sign by the City's Council or by the officer or employee authorized to enter into this Contract and is attested to by the Marina City Clerk.

(b) Contractor shall commence work on the Project on or by _________, 2022. This Agreement may be extended upon written agreement of both parties.

Contractor may be required to prepare a written schedule for the work to be performed, which schedule shall be approved by the City and made a part of Exhibit A, and to perform the work in accordance with the approved schedule.

3. Compensation.

(a) City liability for compensation to Contractor under this Agreement shall only be to the extent of the present appropriation to fund this Agreement. For services to be provided under this Agreement City shall compensate Contractor in an amount not to exceed __________________________________ dollars ($__________) in accordance with the provisions of this Section and the Cost Estimate attached hereto as Exhibit B and incorporated herein by this reference

5 3

(b) Invoice(s) in a format and on a schedule acceptable to the City shall be submitted to and be reviewed and verified by the Project Administrator (see Section 5(a)) and forwarded to the City's Finance Department for payment. City shall notify Contractor of exceptions or dispute items and their dollar value within fifteen days of receipt. Payment of the undisputed amount of the invoice will typically be made approximately thirty days after the invoice is submitted to the Finance Department.

(c) Contractor will maintain clearly identifiable, complete and accurate records with respect to all costs incurred under this Agreement on an industry recognized accounting basis. Contractor shall make ava ilable to the representative of City all such books and records related to this Agreement, and the right to examine, copy and audit the same during regular business hours upon 24-hour's notice for a period of four years from the date of final payment under this Agreement.

(d) Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by the City to be necessary for the proper completion of the Project but which is not included within the Scope of Work and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the prior written authorization.

(e) Expenses not otherwise addressed in the Scope of Services or the Fee Schedule incurred by Contractor in performing services under this Agreement shall be reviewed and approved in advance by the Project Administrator (Section 5(a)), be charged at cost and rei mbursed to Contractor.

4. Termination or Suspension.

(a) This Agreement may be terminated in whole or in part in writing by either party in the event of a substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than ten days written notice of intent to terminate, and (2) provided an opportunity for consultation with the terminating party prior to termination.

(b) If termination for default is effected by the City, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If after the termination for failure of Contractor to fulfill its contractual obligations, it is determined that the Contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the City.

(c) The City may terminate or suspend this Agreement at any time for its convenience upon not less than thirty days prior written notice to Contractor. Not later than the effective date of such termination or suspension, Contractor shall discontinue all affected work and deliver all work product and other documents, whether completed or in progress, to the City.

(d) If termination for default is effected by the Contractor or if termination for convenience 6 4

is effected by the City, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by Contractor relating to written commitments that were executed prior to the termination.

5. Project Administrator, Project Manager & Key Personnel.

(a) City designates as its Project Administrator Public Works Director/City Engineer Mr.

Brian McMinn who shall have the authority to act for the City under this Agreement. The Project Administrator or his/her authorized representative shall represent the City in all matters pertaining to the work to be performed pursuant to this Agreement.

(b) Contractor designates Patrick Sullivan as its Project Manager who shall coordinate all phases of the Project. The Project manager shall be available to City at all reasonable times during the Agreement term.

(c) Contractor war rants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Contractor has represented to City that certain key personnel will perform and coordinate the work under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of the City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Ms. Erin Harwayne, AICP (Project Manager)

6. Delegation of Work.

(a) If Contractor utilizes any subcontractors other than those set forth in Exhibit A section 2, consultants, persons, employees or firms having applicable expertise to assist Contractor in performing the services under this Agreement, Contractor shall obtain City's prior written approval to such employment. Contractor's contract with any subcontractor shall contain a provision making the subcontract subject to all provisions of this Agreement. Contractor will be fully responsible and liable for the p a y m e n t , administration, completion, presentation and quality of all work performed. City reserves its right to employ other contractors in connection with this Project.

(b) If the work hereunder is performed by a design professional, design professional shall be directly involved with performing the work or shall work through his, her or its employees.

The design professional's responsibilities under this Agreement shall not be delegated. The design professional shall be responsible to the City for acts, errors or omissions of his, her or its subcontractors. Negligence of subcontractors or agents retained by the design professional is conclusively deemed to be the negligence of the design professional if not adequately corrected by the design professional. Use of the term subcontractor in any other provision of this Agreement shall not be construed to imply authorization for a design professional to use subcontractors for performance of any professional service under this Agreement.

purposes of establishing a duty of care between the subcontractor and the City.

7. Skill of Employees. Contractor shall ensure that any employees or agents providing services under this Agreement possess the requisite skill, training and experience to properly perform such services.

8. Confidential and Proprietary Information. In the course of performing services under this Agreement Contractor may obtain, receive, and review confidential or proprietary documents, information or materials that are and shall remain the exclusive property of the City. Should Contractor undertake the work on behalf of other agencies, entities, firms or persons relating to the matters described in the Scope of Work, it is expressly agreed by Contractor that any such confidential or proprietary information or materials shall not be provided or disclosed in any manner to any of Contractor’s other clients, or to any other third party, without the City’s prior express written consent.

9. Ownership of Data. Unless otherwise provided for herein, all documents, material, data, drawings, plans, specifications, computer data files, basis for design calculations, engineering notes, and reports originated and prepared by Contractor, or any subcontractor of any tier, under this Agreement shall be and remain the property of the City for its use in any manner it deems appropriate. Contractor agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or intellectual proper ty rights in favor of the City. Contractor shall provide two (2) sets of reproducible of the above-cited items, except for the computer data files which shall consist of one (1) set. Contractor shall use all reasonable efforts to ensure that any electronic files provided to the City will be compatible with the City's computer hardware and software. Contractor makes no representation as to long-term compatibility, usability or readability of the format resulting from the use of software application packages, operating systems or computer hardware differing from those in use by the City at the commencement of this Agreement. Contractor shall be permitted to maintain copies of all such data for its files. City acknowledges that its use of the work product is limited to the purposes contemplated by the Scope of Work and, should City use these products or data in connection with additions to the work required under this Agreement or for new work without consultation with and without additional compensation to Contractor, Contractor makes no representation as to the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Work and shall have no liability or responsibility whatsoever in connection with such use which shall be at the City's sole risk. Any and all liability arising out of changes made by the City to Contractor's deliverables is waived against Contractor unless City has given Contractor prior written notice of the changes and has received Contractor's written consent to such changes.

10. Conflict of Interest.

(a) Contractor covenants that neither it, nor any officer or principal of its firm has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of the City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of the City in the performance of this Agreement. Contractor shall represent the interest of the City in any discussion or negotiation.

(b) City understands and acknowledges that Contractor may be, as of the date of 8 6

commencement of services under this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Contractor is unaware of any stated position of the City relative to such projects. Any future position of the City on such projects may result in a conflict of interest for purposes of this section.

(c) No official or employee of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making accepting or approving this Agreement, during the term of his or her tenure or service with City and for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof or obtain any present or anticipated material benefit arising therefrom.

11. Disclosure. Contractor may be subject to the appropriate disclosure requirements of the California Fair Political Practices Act, as determined by the City Manager.

12. Non-Discrimination.

(a) During the performance of this Agreement the Contractor shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California and the City. In performing this Agreement, Contractor shall not discriminate, harass, or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), medical condition (including cancer), age, marital status, denial of family and medical care leave and denial of pregnancy disability leave. Contractor shall give written notice of its obligations under this clause to labor organizations with which it has a collective bargaining or other agreement.

(b) Contractor shall include the nondiscrimination and compliance provisions of this Section in all subcontracts.

13. Indemnification & Hold Harmless.

(a) Other than in the performance of professional services by a design professional, which shall be solely as addressed by subsection (b) below, and to the full extent permitted by law, Contractor shall indemnify, defend (with independent counsel reasonably acceptable to the City) and hold harmless City, its Council, boards, commissions, e mployees, officials and agents ("Indemnified Parties" or in the singular "Indemnified Party") from and against any claims, losses, damages, penalties, fines and judgments, associated investigation and administrative expenses, and defense costs including but not limited to reasonable attorney=s fees, court costs, expert witness fees and costs of alternate dispute resolution (collectively "Liabilities“), where same arise out of the performance of this Agreement by Contractor, its officers, employees, agents and sub-contractors. The Contractor’s obligation to indemnify applies unless it is adjudicated that its liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, the Contractor’s obligation shall be reduced in proportion to the established comparative liability of the indemnified party.

9 7

(b) To the fullest extent permitted by law (including without limitation California Civil Code Sections 2782.8), when the services to be provided under this Agreement are design professional services to be performed by a design professional, as that term is defined under said section 2782.8, Contractor shall indemnify, protect, defend (with independent counsel reasonably acceptable to the City) and hold harmless City and any Indemnified Party for all Liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, or the acts or omissions of an officer, employee, agent or subcontractor of the Contractor. The Contractor’s obligation to indemnify applies unless it is adjudicated that its liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, the Contractor’s obligation shall be reduced in proportion to the established comparative liability of the indemnified party.

The provisions of this Section are not limited by the provisions of sections relating to insurance including provisions of any worker's compensation act or similar act. Contractor expressly waives its statutory immunity under such statues or laws as to City, its employees and officials.

Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.

(d) If any action or proceeding is brought against any Indemnified Party by reason of any of the matters against which the Contractor has agreed to defend the Indemnified Party, as provided above, Contractor, upon notice from the City, shall defend any Indemnified Party at Contractor's expense by counsel reasonably acceptable to the City. An Indemnified Party need not have first paid for any of the matters to which it is entitled to indemnification in order to be so defended.

(e) This obligation to indemnify and defend City, as set forth herein, is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this Section.

14. Insurance.

(a) As a condition precedent to the effectiveness of this Agreement and without limiting Contractor's indemnification of the City, Contractor agrees to obtain and maintain in full force and effect at its own expense the insurance policies set forth in Exhibit “C” “Insurance” attached hereto and made a part hereof. Contractor shall furnish the City with original certificates of insurance, manually autographed in ink by a person authorized by that insurer to bind coverage on its behalf, along with copies of all required endorsements. All certificates and endorsements must be received and approved by the City before any work commences. All insurance policies shall be subject to approval by the City Attorney and Risk Manager as to form and content.

Specifically, such insurance shall: (1) protect City as an additional insured for commercial general and business auto liability; (2) provide City at least thirty days written notice of cancellation, material reduction in coverage or reduction in limits and ten days written notice for non-payment of premium; and (3) be primary with respect to City's insurance program. Contractor's insurance is not expected to respond to claims that may arise from the acts or omissions of the City.

(b) City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required herein by giving Contractor ninety days advance written 10 8

notice of such change. If such change should result in substantial additional cost of the Contractor, City agrees to negotiate additional compensation proportional to the increased benefit to City.

(c) All required insurance must be submitted and approved the City Attorney and Risk Manager prior to the inception of any operations by Contractor.

(d) The required coverage and limits are subject to availability on the open market at reasonable cost as determined by the City. Non availability or non affordability must be documented by a letter from Contractor's insurance broker or agency indicating a good faith effort to place the required insurance and showing as a minimum the names of the insurance carriers and the declinations or quotations received from each. Within the foregoing constraints, Contractor's failure to procure or maintain required insurance during the entire term of this Agreement shall constitute a material breach of this Agreement under which City may immediately suspend or terminate this Agreement or, at its discretion, procure or renew such insurance to protect City's interests and pay any and all premium in connection therewith and recover all monies so paid from Contractor.

(e) By signing this Agreement, Contractor hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provision of that Code, and that it will comply with such provisions at all such times as they may apply during the performance of the work pursuant to this Contract. Unless otherwise agreed, a waiver of subrogation in favor of the City is required.

15. Independent Contractor. The parties agree that Contractor, its officers, employees and agents, if any, shall be independent contractors with regard to the providing of services under this Agreement, and that Contractor's employees or agents shall not be considered to be employees or agents of the City for any purpose and will not be entitled to any of the benefits City provides for its employees. City shall make no deductions for payroll taxes or Social Security from amounts due Contractor for work or services provided under this Agreement.

16. Claims for Labor and Materials. Contractor shall promptly pay when due all amounts payable for labor and materials furnished in the performance of this Agreement, so as to prevent any lien or other claim under any provision of law from arising against any City property (including reports, documents, and other tangible matter produced by the Contractor hereunder), against the Contractor's rights to payments hereunder, or against the City, and shall pay all amounts due under the Unemployment Insurance Act with respect to such labor.

17. Discounts. Contractor agrees to offer the City any discount terms that are offered to its best customers for the goods and services to be provided herein, and apply such discounts to payment made under this Agreement which meet the discount terms.

18. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

11 9

19. Dispute Resolution. If any dispute arises between the parties as to proper interpretation or application of this Agreement, the parties shall first meet and confer in a good faith attempt to resolve the matter between themselves. If the dispute is not resolved by meeting and conferring, the matter shall be submitted for formal mediation to a mediator selected mutually by the parties.

The expenses of such mediation shall be shared equally between the parties. If the dispute is not or cannot be resolved by mediation, the parties may mutually agree (but only as to those issues of the matter not resolved by mediation) to submit their dispute to arbitration. Before commencement of the arbitration, the parties may elect to have the arbitration proceed on an informal basis; however, if the parties are unable so to agree, then the arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be binding, unless within thirty days after issuance of the arbitrator’s written decision, any party files an action in court. Venue and jurisdiction for any such action between the parties shall lie in the Superior Court for the County of Monterey.

20. Compliance With Laws.

(a) Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California and the City including but not limited to laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Agreement shall be governed by, enforced and interpreted under the laws of the State of California. Contractor shall comply with new, amended or revised laws, regulations or procedures that apply to the performance of this Agreement.

(b) If the Project is a "public work," or prevailing wages are otherwise required, Contractor shall comply with all provision of California Labor Code section 1720 et seq., as applicable, and laws dealing with prevailing wages, apprentices and hours of work., etc.

(c) Contractor represents that it has obtained and presently holds all permits and licenses necessary for performance hereunder, including a Business License required by the City's Business License Ordinance. For the term covered by this Agreement, the Contractor shall maintain or obtain as necessary, such permits and licenses and shall not allow them to lapse, be revoked or suspended.

21. Assignment or Transfer. This Agreement or any interest herein may not be assigned, hypothecated or transferred, either directly or by operation of law, without the prior written consent of the City. Any att empt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

22. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, sent by facsimile ("fax") or certified mail, postage prepaid with return receipt requested, addressed as follows:

To City: City Manager
City of Marina City Hall
211 Hillcrest Avenue
Marina, California 93933
Fax: (831) 384-9148

12 10

To Contractor: ________________________
________________________
________________________
________________________
________________________

Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three days after deposit in the custody of the U.S. Postal Service. A copy of any notice sent as provided herein shall also be delivered to the Project Administrator and Project Manager.

23. Amendments, Changes or Modifications. This Agreement is not subject to amendment, change or modification except by a writing signed by the authorized representatives of City and Contractor.

24. Force Majeure. Notwithstanding any other provisions hereof, neither Contractor nor City shall be held responsible or liable for failure to meet their respective obligations under this Agreement if such failure shall be due to causes beyond Contractor's or the City's control. It is understood and agreed to by the Contractor and the City that they cannot, and will not, claim Force Majeure based on an eco nomic downturn of any type. Such causes include but are not limited to:
strike, fire, flood, civil disorder, act of God or of the public enemy, act of the federal government, or any unit of state of local government in either sovereign or contractual capacity, epidemic, quarantine restriction, or delay in transportation to the extent that they are not caused by the party's willful or negligent acts or omissions, and to the extent that they are beyond the party's reasonable control.

25. Attorney's Fees. In the event of any controversy, claim or dispute relating to this Agreement, or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs.

26. Successors and Assigns. All of the terms, conditions and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this paragraph is intended to affect the limitation on assignment.

27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective party.

28. Waiver. A waiver of a default of any term of this Agreement shall not be construed as a waiver of any succeeding default or as a waiver of the provision itself. A party's performance after the other party's default shall not be construed as a waiver of that default.

29. Severability. Should any portion of this Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Agreement will continue as modified.

30. Construction, References, Captions. Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. The captions of the various sections are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, content or intent of this Agreement. 13 11

31. Advice of Counsel. The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the parties hereto. This Agreement shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of this Agreement.

32. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

33. Time. Time is of the essence in this contract.

34. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters as set forth in this Agreement, and no other agreement, statement or promise made by or to any party or by or to any employee, officer or agent of any party, which is not contained in this Agreement shall be binding or valid.

IN WITNESS WHEREOF, Contractor and the City by their duly authorized representatives, have executed this Agreement, on the date first set forth above, at Marina, California.

CITY OF MARINA CONTRACTOR

By: By:

Name: Layne Long Name:

Its: City Manager Its:

Date: Date:

Approved as to form:

By:

City Attorney
14 C-1

Exhibit C - Insurance

Contractor agrees to provide insurance in accordance with the requirements set forth herein. If Contractor uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, Contractor agrees to ame nd, supplement or endorse the existing coverage to do so. Contractor shall furnish the City with original certificates of insurance, manually autographed in ink by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the City before any work commences. The City reserves its right to require complete, certified copies of all required insurance policies at any time. The following coverage will be provided by Contractor and maintained on behalf of the City and in accordance with the requirements set forth herein.

Commercial General Liability (primary). Commercial general liability insurance covering Contractor's operations (and products where applicable) is required whenever the City is at risk of third party claims which may arise out of Contractor's work or presence on City premises. Contractual liability coverage is a required inclusion in this insurance.

Primary insurance shall be provided on ISO-CGL form No. CG 00 01 11 85 or 88 or on an ISO or ACORD form providing coverage at least as broad as ISO form CG 00 01 10 01 and approved in advance by the City Attorney and Risk Manager. Total limits shall be no less than one million dollars ($1,000,000) combined single limit per occurrence for all coverages. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project or the general aggregate limit shall be two million dollars ($2,000,000). Contractor must give written notice to the City of any pending claim, action or lawsuit which has or may diminish the aggregate.

If any such claim or lawsuit exists, Contractor shall be required, prior to commencing work under this Agreement, to restore the impaired aggregate or prove it has replacement insurance protection to the satisfaction of the City Attorney and Risk Manager.

City, its Council, boards and commissions, officers, employees, agents and volunteers shall be added as additional insureds using ISO additional insured endorsement form CG 20 10 11 85 or forms CG 20 10 10 01 and CG 20 37 10 01. Coverage shall apply on a primary, non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the City or any agent of City. Coverage is not expected to respond to the claims which may arise from the acts or omissions of the City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices.

Umbrella Liability Insurance. Umbrella liability insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, contractual liability and completed operations at a minimum, and shall be in an amount of not less than two mission dollars ($2,000,000), and include a “drop down” provision providing primary coverage above a maximum $25,000.00 self-insured retention for liability not covered by primary policies but covered by the umbrella policy. Coverag e shall be following form to any underlying coverage.

Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no contractor's limitation endorsement. Policies limits shall be not less than one million dollars ($1,000,000) per occurrence and in the aggregate, above any limits required in the underlying policies shall have starting and ending dates concurrent with the underlying coverage.
15 C-2

Business Auto. Automobile liability insurance is required where vehi cles are used in performing the work under this Agreement or where vehicles are driven off-road on City premises, it is not required for simple commuting unless City is paying mileage. However, compliance with California law requiring auto liability insurance is a contractual requirement.

If automobile insurance is required for work under this Agreement, primary coverage shall be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or on an ISO or ACORD form providing coverage at least as broad as CA 00 01 10 01 approved by the City Attorney and Risk Manager. Coverage shall be endorsed to stated that the City, its Council, boards and commissions, officers, employees, agents and volunteers shall be added as additional i nsureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. Limits shall be no less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage.

Starting and ending dates shall be concurrent. If Contractor owns no autos, a non -owned auto endorsement to the commercial general liability policy described above is acceptable.

Workers’ Compensation/Employers’ Liability. Workers' Compensation and Employer's Liability insurance are not required for single-person contractors. However, under California law these coverages (or a copy of the State's Consent to Self-Insure) must be provided if Contractor has any employees at any time during the period of this Agreement. Policy(s) shall be written on a policy form providing workers’ compensation statutory benefits as required by law. Employers’ liability limits shall be no less than one million dollars ($1,000,000) per accident or disease and shall be scheduled under any umbrella policy described above. Unless otherwise agreed, policy(s) shall be endorsed to waive any right of subrogation as respects the City, its Council, boards and commissions, officers, employees, agents and volunteers.

Property Insurance. Property insurance, in a form and amount approved by the City Attorney and Risk Manager, is required for Contractors having exclusive use of premises or equipment owned or controlled by the City. City is to be named a Loss Payee As Its Interest May Appear in property insurance in which the City has an interest, e.g., as a lien holder. Fire damage legal liability is required for persons occupying a portion of City premises.

Errors and Omissions/Professional Liability. Errors and Omissions or professional liability coverage appropriate to Contractor's profession is required, in a form and amount approved by the City Attorney and Risk Manager. Such insurance shall be in an amount of not less than one million dollars ($1,000,000) per claim and in annual aggregate. Contractor shall maintain such insurance in place for a period of five years following completion of work or services provided under this Agreement. Such conti nuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than commencement of the work or services under this Agreement.

Contractor and City further agree as follows:

a) This Exhibit supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.

b) Nothing contained in this Exhibit is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Exhibit are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such.

16 C-3

c) All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.

d) Requirements of specific coverage features or limits contained in this Exhibit are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of an y type.

e) For purposes of insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or toward performance of this Agreement.

f) All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit Contractor, Contractor’s employees, or agents from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against the City.

g) Unless otherwise approved by City, Contractor’s insurance shall be written by insurers authorized and admitted to do business in the State of California with a mi nimum “Best’s” Insurance Guide Rating of “A:VII.” Self -insurance will not be considered to comply with these insurance specifications.

h) In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor.

i) Contractor agrees to provide evidence of the insurance required herein, sat isfactory to City Attorney and Risk Manager, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional endorsement to Contractor’s general liability and umbrella liability policies using ISO form CG 20 10 11 85. C ertificate(s) are to reflect that the insurer will provide at least thirty days written notice of cancellation, material reduction in coverage or reduction in limits and ten days written notice for non -payment of premium. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. Contractor agre es to provide complete copies of policies to City within ten days of City's request for said copies.

j) Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.

Such proof will be furnished at least two weeks prior to the expiration of the coverages.

k) Any actual or alleged failure on the part of the City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City or any additional insured, in this or any other regard.

l) Contractor agrees to require all subcontractors or other parties hired for this Proje ct to provide workers' compensation insurance as required herein and general liability insurance naming as additional insureds all parties to this Agreement. Contractor agrees to obtain certificates evidencing such coverage 17 C-4

and make reasonable efforts to ensure that such coverage is provided as required here. Contractor agrees to require that no contract used by any subcontractor, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance req uired by this Agreement.

Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor contracts with on behalf of City, will be submitted to City for review. Contractor acknowledges that such contracts or agreeme nts may require modification if the insurance requirements do not reflect the requirements herein. Failure of City to request copies of such agreements will not impose any liability on City, its Council, boards and commissions, officers, employees, agents and volunteers.

m) If Contractor is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.

n) Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City.

o) Coverage will not be limited to the specific location or individual entity designated as the address of the Project. Contractor agrees to have its coverage endorsed so that all coverage limits required pursuant to this requirement are available separately for each and every location at which Contractor conducts operations of any type on behalf of City. Contractor warrants that these limits will not be reduced or exhausted ex cept for losses attributable to those specific locations and not by losses attributable to any other operations of Contractor.

p) Contractor agrees not to attempt to avoid its defense and indemnity obligations to City, its Council, boards and commissions , officers, employees, agents and volunteers by using as a defense Contractor's statutory immunity under workers' compensation or similar statutes.

r) Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and that there will be no cross liability exclusions that preclude coverage for suits between Contractor and City or between City and any other insured or Named Insured under the policy, or between City and any party associated with City or its employees.

s) Contractor shall maintain commercial general liability, and if necessary, commercial umbrella liability insurance, with a limit of not less than two million dollars ($2,000,000) each occurrence for at least three years following substantial completion of the work.

u) City reserves the right to modify the insurance requirements set forth herein in accordance with the terms of any specific Service Order issued as provided by the Agreement. 18 Revised Cost Proposal
for an Odor
Attribution Study

City of Marina
Public Works Department
211 Hillcrest Avenue
Marina, CA 93933
831-884-1212

010577222 | September 7, 2022

4683 Chabot Drive, Suite 200
Pleasanton, CA 94588
925-426-0080
19 City of Marina: Odor Attribution Study www.scsengineers.com 2 1 PROJECT PLAN
SCS developed an initial project plan for completion of the scope of work in the original proposal for this work. We will update this plan as part of Task 2.1 prior to moving into subsequent phases of the work.

TASK 1.0. INITIAL REVIEW OF INFORMATION
SCS will conduct an initial review of relevant information provided by the client with a goal of defining the parameters for a field investigation. This will include a review of odor complaints from the last two years, compilation and analysis of relevant meteorological data from the same period, initial identification of potential sources of odor, field inspection of candidate sources, and an evaluation of topographic conditions.

TASK 1.1. REVIEW OF COMPLAINT DATA
As a first step, SCS will review the available complaint data as well as any inspection reports issued by regulatory agencies over the last two years. The purpose of this review is to better understand the dates, times of day, and characteristics of the odor as compared to the potential sources, which were operating at the same time. We will also compare the complaint data from identified odor episodes over the last two years to relevant meteorological data (see Task 1.2 below) to assess the relationship of the two. This step will include identifying potential odor sources and their locations, as well as determining locations representative of odor complaint groups or characteristics based on location, time of day, time of year (season), meteorology (see below), geography (topography) of Marina and surrounding areas; pattern of probable businesses' impact; and other information present in the complaint logs. To complete this task, SCS will need the complaint data from the City, MBARD, MRWMD, and M1W over the last two years; we assume that these data are readily available and can be provided to SCS at the project outset.

TASK 1.2. REVIEW OF POTENTIAL SOURCES

As the next step in the Task 1 process, SCS will spend two days conducting initial odor inspections of the identified potential sources of odor in the study region. This may include the landfill, wastewater treatment facility, agricultural operations and natural wet lands and sloughs that may reside in the area. This inspection would include collecting odor data from surveying aspects (subcomponents and/or perimeter) of each facility/source using a portable olfactometer such as a Nasal Ranger and combining that information with observations made by SCS personnel experienced in conducting odor surveys. This step will help define the relative odor magnitude of sources as compared to the general background level of odor concentration.

TASK 1.3. METEOROLOGICAL ANALYSIS
After Task 1.1, SCS will evaluate the meteorological data available for the project area for the last two years. SCS will attempt to obtain local data from a nearby stations, both publicly-available and private sources. We assume that the City, MBARD, MRWMD, and/or M1W will provide access to data that they control and assist SCS in obtaining data from other sources. Otherwise, we will identify and obtain regional data, which is most representative of the Marina area. We will determine prevailing wind patterns (e.g., wind speed, wind direction), which may be affecting the movement of odors into and through the community from the various sources. During Task 1.3, SCS will also review available topographic information for the areas in question.

20 City of Marina: Odor Attribution Study www.scsengineers.com 3 Since source attribution is a desired goal of this project, it is critical to understand the relationship between the source locations and the areas where complaints have occurred. An important component of this is evaluating meteorological conditions that existed during the time periods when complaints occurred. At the same time, SCS’s Chief Meteorologist will determine whether the existing data is representative of the specific areas where odor sources and complaints exist. If not, then, as detailed in Task 2, SCS will outline how and when meteorological measurements will be performed during the investigatory phase of the project.

TASK 1.4. PRESENTATION OF FINDINGS
SCS will prepare a brief presentation via PowerPoint of findings based on the various analyses completed above. The presentation will summarize the analyses completed, the results of those analyses, any conclusions, and recommendations as they relate to the sampling program (Task 2).

The presentation will be presented to the City and other stakeholder via Zoom to receive feedback.

This meeting will cover the stakeholder meeting in Task 3. Your comments on the presentation will be incorporated into Task 2.

DELIVERABLES
There is one deliverable under Task 1:
• Summary presentation for complaint and meteorological data review.

TASK 2.0. FIELD SAMPLING AND ANALYSIS PROGRAM
SCS will conduct a limited Winter Season Field Sampling and Analysis program that will be informed by the findings in Task 1. The first step in the program will be to develop the Odor Investigation Plan (OIP). This Plan will be considered a living document that evolves based upon the data that is generated by the program. The second step will be conducting the Field Investigation Program, which is likely to take place over approximately 2 weeks in the Winter Season during meteorological conditions that have been known to cause odor issues. This program will include discrete odor samples, and meteorological monitoring. Finally, the results and conclusions will be reported to the City and Stakeholder groups. Additional details can be found in the following sections.

TASK 2.1. ODOR INVESTIGATION PLAN
As part of Task 2.1, SCS will expand on the initial investigation plan developed as part of the original proposal, including any updates based on the results of Task 1. SCS will develop an OIP as described below. The plan will include the following elements:
• Summary of Task 1 findings as they pertain to the field sampling program. • Outline of field project goals and expected findings. • Overall testing and monitoring methodology to be implemented. • Odor sources to be evaluated.
• Locations of sampling and justification for their selection. • Quantity of samples to be collected.
• Analyses to be performed (scope will be limited to odor sampling and will not include chemical speciation).
• Description of sampling activities including equipment, methods, spatial and temporal considerations.
• Meteorological measurements during sampling.
• Quality Assurance and Quality Control (QA/QC) requirements.

21 City of Marina: Odor Attribution Study www.scsengineers.com 4 SCS suggests that the odor investigation plan be a “living” document that relies on the measured data to inform the next steps of the program. This will allow for dynamic decision making for optimization of both the project timeline and budget. SCS will submit a draft OIP to the City and stakeholder review and comment, and incorporate your comments into the final OIP. SCS will discuss the plan during one of the quarterly meetings described in Task 3.

TASK 2.2. FIELD INVESTIGATION PROGRAM
SCS will implement the field investigation program according to the plan developed in Task 2.1. The investigation will take place during the Winter Season concurrent with the periods of the most historical complaints. This investigation would be focused on gauging:

• Potential odor sources and odor concentrations at identified odor sources. • Odor concentrations in the community downwind from potential odor sources.

This initial survey would encompass conducting odor observations via p ersonal sensory perception.

For example, when investigating a landfill source odor survey work will be conducted in multiple subcomponent areas of the landfill including, but not limited to the following:

• Covered areas.
• Working face(s).
• Leachate storage and processing area.
• Truck lanes.
• Storage area.
• Daily cover areas.
• Sludge and liquids receiving and process areas.
• Construction and demolition (C&D) landfill activities and areas.

Odor survey activities will also be conducted at or near off-site locations which could include:

• Other nearby industrial facilities and activities that could potentially be a source of odor. • Nearby areas that could be a natural source of odors (bogs, lakes, farmland, etc.). • Some of the adjacent neighborhoods to obtain a snap-shot reading of potential odors experienced locally.

Discrete odor samples will be collected utilizing an air displacement sampler. Odor samples will be analyzed for odor concentration (D/T), intensity and character using SCS’s in-house Olfactometer (SS400 Six Station Olfactometer) according to ASTM method E-679-04 and EN13725. Most sampling will be accompanied by meteorological measurements. The measurements will either come from nearby existing stations with the temporal resolution necessary to support the project or by temporary meteorological stations that will be installed by SCS.

Please note that based on the results of Task 1 or initial sampling results as part of Task 2.2, SCS may recommend that a selected number of samples be analyzed for individual speciated odor- causing chemicals. If this occurs, SCS may request re-allocation of budget from odor sample analysis to speciation analysis, subject to the client’s approval.

22 City of Marina: Odor Attribution Study www.scsengineers.com 5 TASK 2.3. REPORTING
Once complete, SCS will compile a position report that will outline our preliminary findings and impressions of the odor sources in the region. The report will also detail recommended next steps, and suggestions for odor control relative to specific sources. Report elements will include:

• Detailed odor source measurements of the source operations and the methods utilized for the measurements.
• Investigation of odor complaint data and cross compare to concurrent measurements and wind data.
• Recommendations of Best Management Practices for the sources identified to be contributing to citizen complaints and odor impacts.
• QA/QC procedures utilized to insure the defensibility of the data collected. • A recommended standardized program for the City to utilize for the purpose of receiving, investigating, processing, and responding to future complaints.

SCS will incorporate comments/suggestions that are agreed upon by all interested parties, including SCS. We will discuss and receive feedback on the draft report at the public outreach meeting.

DELIVERABLES
There are four deliverables under Task 2:
• Draft OIP.
• Final OIP.
• Draft Project Report.
• Final Report.

TASK 3.0. PROJECT COORDINATION, MEETINGS, AND OUTREACH
SCS will utilize Task 3 to cover the additional project management, coordination, meetings, and outreach necessary for successful completion of the project. This work will include the following subtasks:

• Overall project management and coordination.

• Coordinate with City staff to hold an agency stakeholder meeting via Zoom. This will be combined with the presentation under Task 1.4.

• Coordinate and attend one public outreach meeting via Zoom for citizen involvement to present the draft report under Task 2.3. SCS would prepare a PowerPoint to discuss the draft report and findings. It is assumed that the City would setup and host this meeting.

• Coordinate implementation of the OIP.

• Provide periodic updates via email to outline progress towards identifying any sources, and variability of observations.

• Participate in quarterly meetings via Zoom with the City Project Manager and other stakeholders, as determined by the City.
23 City of Marina: Odor Attribution Study www.scsengineers.com 6 2. SCHEDULE
SCS has provided a brief timeline for the project in the table below. Per the RFP, the timeline is estimated to cover one calendar year. Based on the reduced scope described above, we have allocated sufficient time for data collection and sampling in the timeline to cover one Winter season. We would like to start work by October 1, 2022 to make sure we can get Task 1 completed in time to allow Task 2 to occur during this Winter season when odors are typical at their worst.

# Task Timeline
1 Initial Review of Information 3 months
2 Field Sampling and Analysis Program and Reporting 4 months 3 Project Coordination, Meetings, and Outreach Throughout the Project 24 City of Marina: Odor Attribution Study www.scsengineers.com ii

3. COST PROPOSAL
We look forward to providing the City of Marina with Odor Attribution Study services, which are detailed in this revised Cost Proposal. We believe our proven record of adding value whenever possible offers the City unbeatable value on the proposed contract. However, if you would like us to revisit any aspect of our scope and pricing, we would be pleased to attempt to find a way to fine-tune the scope of work and our budget to better meet your needs. We have provided our pricing below to meet the requirement in the RFP for the Cost Proposal; it has been revised based on discussions with the City and budget constraints.

Odor Attribution Study

Task/Subtask Unit Cost Number Task Cost Assumptions
Task 1. Initial Review of Information

1.1. Review of Complaint Data NA NA 3,000 Complaint data provided to SCS at project outset

1.2. Review of Potential Sources NA NA 3,000 Two day survey of sources

1.3. Meteorological Analysis NA NA 4,000 Analysis of up to 3 met datasets

1.4. Presentation of Findings NA NA 5,000
To cover Tasks 1.1, 1.2, and 1.3 includes meeting
that will cover stakeholder meeting
15,000
Task 2. Field Sampling and Analysis Program

2.1. Odor Investigation Plan 10,000

2.2. Field Investigation Program 96,512 See Detail on Task 2.2

2.3. Reporting 10,000
Total - Task 2 116,512
Task 3. Project Coordination, Meetings, and
Outreach
Agency stakeholder meeting 0 1 0 Covered under Task 1.4 Public outreach meetings 3,000 1 3,000 Two SCS senior staff via Zoom Prepare for public meetings 1,500 1 1,500 Prepare PowerPoint for the above Monthly project updates 500 9 4,500 9-month project schedule, via email Quarterly meetings 1,000 3 3,000 Assumed via Zoom meetings; updates by one SCSer Overall project management/coordination 700 9 6,300 Estimated cost per month Total - Task 3 18,300
Total Estimated Project Cost 149,812
Rounded 150,000$
Alternative Testing for Speciation 20,000 See Detail on Task 2.2 25 City of Marina: Odor Attribution Study www.scsengineers.com iii
S
CS fully understands that the scope of work on this contract can vary significantly based on the chosen course of action for Task 2. There are a variety of field investigation techniques that can be used in an odor study. We have proposed a logical scope of work and associated budget for this effort based on input from the City as to available budget. However, the ultimate scope of work and cost could vary, based on the results of Task 1. SCS proposes to utilize an iterative approach to our sampling and analysis efforts. This will ensure that we only complete tasks that are necessary to meet the City’s goals and will provide useful information toward the effort to accurately attribute odors to their respective sources.

Please see our rate sheet below.

Task 2.2 Field Sampling Detail
Project Manager Labor 224 100 22,400
Project Professional Labor 166 80 13,280
Technicians 102 160 16,320
ODC's 200 16 3,200 $ 200/day 16 field days (8 field days two people) Equipment Rental 12,500 1 12,500
Meteorological Sites 5,000 1.5 7,500
Analytical Costs 1,332 16 21,312 Assumes 16 discrete sampling events Total - Task 2.2 96,512 Estimated Testing Budget
Equipment Rentals:* Period Number Unit Cost Total
Olfactometer Weeks 4 2,000.00$ 8,000.00$

Lung Samplers Weeks 24 150.00$ 3,600.00$

Sample Pumps Weeks 24 37.50$ 900.00$

12,500.00$

Analytical Costs: Events Per Event Unit Cost
Odor Sample Analysis 16 24 $55.50 $21,312.00
Alternative Testing for Speciation** 4 5 1000 $20,000.00 * Assumes Client can provide space for olfactometer analysis local to project. Includes delivery to region. **This is intended to be re-allocation of budget but could be contingency 26 City of Marina: Odor Attribution Study www.scsengineers.com i

4. PROJECT PHASING
To address budgeting cycles and available funding, at the City’s request, we have broken the work into the following phases. The budget for Phase 1 would be $100,000. The budget for Phase 2 would be $50,000.

While this breakdown is not how SCS would normally configure the project, we have created this to allow the project to move forward.

PHASE 1

Task/Subtask Budget
All of Task 1 $15,000
Task 2.1 $10,000
Monthly Project Updates (6) $3,000
Quarterly Meetings (2) $2,000
Project Management (6 months) $4,200
Portion of Task 2.2 $65,800
Phase 1 Total $100,000

PHASE 2

Task/Subtask Budget
Remainder of Task 2.2 $30,680
Task 2.3 $10,000
Monthly Project Updates (3) $1,500
Quarterly Meetings (1) $1,000
Project Management (3 months) $2,100
Public Outreach Meeting $4,500
Phase 2 Total $50,000
27 Offices Nationwide (CA-SW)
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Environmental Consulting & Contracting
Fee Schedule

(Effective April 1, 2022 through March 31, 2024)

Rate/Hour
Clerical ................................................................................................................................................... 82 Administrative/Secretarial ................................................................................................................... 93 Technician .......................................................................................................................................... 102 CAD Drafter ......................................................................................................................................... 108 Senior Engineering Technician .......................................................................................................... 114 Technical Associate I ......................................................................................................................... 118 Technical Associate II ........................................................................................................................ 125 Assistant Office Services Manager/Project Administrator .............................................................. 125 Office Services Manager/Senior Project Administrator ................................................................... 130 Associate Staff Professional .............................................................................................................. 130 Project Analyst .................................................................................................................................... 130 CAD Designer ..................................................................................................................................... 135 Staff Professional I ............................................................................................................................. 145 Staff Professional II ............................................................................................................................ 152 Senior Office Services Manager ........................................................................................................ 152 Staff Professional III ........................................................................................................................... 159 Project Professional I ......................................................................................................................... 166 Project Professional II ........................................................................................................................ 173 Project Professional III ....................................................................................................................... 184 Senior Project Professional I ............................................................................................................. 189 Senior Project Professional II ............................................................................................................ 201 Senior Project Professional III ........................................................................................................... 213 Industrial Hygienist/Safety Professional .......................................................................................... 218 Project Manager I ............................................................................................................................... 224 Project Manager II .............................................................................................................................. 233 Senior Certified Industrial Hygienist/Safety Professional ............................................................... 243 Project Manager III ............................................................................................................................. 249 Project Manager IV ............................................................................................................................. 257 Senior Project/Technical Manager ................................................................................................... 266 Senior P roject Advisor ........................................................................................................................ 275 Project Director I ................................................................................................................................ 281 Project Director II ............................................................................................................................... 290 Principals and Executives ....................................................................................................... See Note 7

General Terms

1. Scheduled rates are effective through March 31, 2024. Work performed thereafter is subject to a new Fee Schedule.

2. Costs for outside consultants and subcontractors, equipment/supplies, and for job-related employee travel and subsistence, are billed at actual cost plus a 15 percent administrative fee.

28 SCS Fee Schedule
April 1, 2022

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3. Charges for SCS field equipment and instruments will be in accordance with SCS’s Field Equipment Rental Rates Schedule in effect at the time the work is performed. Company trucks are charged at $70 for up to a half day (4 hours) of use, and $125 for up to a full day (company cars at $60/$100). These charges incorporate an allowance of 100 miles per job per day; a $0.40 per mile surcharge is applied for additional miles. Vehicle charges for long-term and/or high-mileage projects may be negotiated on a case-by-case basis.

4. Invoices will be prepared monthly or more frequently for work in progress, unless otherwise agreed. Invoices are due and payable upon receipt. Invoices not paid within 30 days are subject to a service charge of 1.5 percent per month on the unpaid balance.

5. Payment of SCS invoices for services performed will not be contingent upon the client’s receipt of payment from other parties, unless otherwise agreed in writing. Client agrees to pay legal costs, including attorney’s fees, incurred by SCS in collecting any amounts past due and owing on client’s accounts.

6. For special situations such as expert court testimony and limited consultation, hourly rates will be on an individually negotiated basis.

7. Hourly rates for Principals and Executives will be on an individually negotiated basis. Typically, these rates are $298/hour for Principals, $315 for Vice Presidents, and $380/hour for Senior Vice Presidents and Senior Executives.
29 Driven by Client Success
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Marina City CouncilSeptember 20, 2022

Marina City Council
September 20, 2022