Agenda packet — Needles City Council, October 11, 2022 (part 2 of 2)

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CITY OF NEEDLES
City of Needles, California
Request for Council Action
~ CITY COUNCIL □ Board of Public Utilities ~ Regular □ Special Meeting Date: October 11, 2022
Title: Authorize California Consulting to write a grant application to the California Public Utilities Commission (CPUC) Local Agency Technical Assistance (LATA) to support any local Broadband Provided needing Technical Assistance to expand Broadband in Needles not to exceed $9,000 to be funded by the City's Coronavirus State and Local Fiscal Recovery Funds (SLFRF) allocation
Background: The City is able to utilize there allocation of Coronavirus State and Local Fiscal Recovery Funds (SLFRF) to:
• Revenue replacement for the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency, relative to revenues collected in the most recent fiscal year prior to the emergency, • COVID-19 expenditures or negative economic impacts of COVID-19, including assistance to small businesses, households, and hard-hit industries, and economic recovery,
• Premium pay for essential workers,
• Investments in water, sewer, and broadband infrastructure.

The Local Agency Technical Assistance (LATA) allows jurisdictions to apply to receive 1) Consultant or staff time for conducting work including but not limited to needs assessments, environmental and engineering studies, network design, and broadband strategic plans.
2) Costs incurred in forming a joint powers authority for the purpose of bringing broadband to areas in need of sufficient Internet connections.

The City lacks the proper broadband infrastructure to provide reliable services to its residents, businesses and schools. This funding opportunity would allow the City to assist those local companies that need technical assistance to develop environmental, engineering, network designs and strategic planning assistance to expand broadband infrastructure.

Fiscal Impact: The City has utilized the second allocation of $595,182 for the following uses;
1) $127,362 Loss Transient Occupancy Tax
2) $17,042 Loss sales tax
3) $2,500 Legacy Foundation
4) $2,500 San Bernardino County Sheriff's Dept. Non-Profit 5) $7,302.25 City of Needles, COVID supplies & materials, not reimbursed by FEMA 6) $8,708.99 City of Needles, COVID supplies & materials, not reimbursed by FEMA City of Needles, California
Request for Council Action
7) $4,400 Women's Club of Needles
The SLFRF has a balance of $425,366 available for use.

Sylvia Miledi
Recommended Action: Authorize California Consulting to write a grant application to the California Public Utilities Commission (CPUC) Local Agency Technical Assistance (LATA) to support any local Broadband Provided needing Technical Assistance to expand Broadband in Needles not to exceed $9,000 to be funded by the City's Coronavirus State and Local Fiscal Recovery Funds (SLFRF) allocation Submitted By: Rainie Torrance, Assistant Utility Manager City Management Review: K ' £...- Date: k:J 'f / z:'Z ..

Approved: □ Not Approved: □ Tabled: □ Other: □
Agenda Item:
2 City of Needles, California
Request for City Council Action
[gj CITY COUNCIL □ NPUA [gl Regular D Special
Meeting Date:

Title:

Background:

Fiscal Impact:

October 11, 2022
City Council Resolution No. 2022-68
A Resolution of the City Council of the City of Needles, California Confirming and Adopting an Itemized Statement of Cost for Abatement of Property located at 11 0 Market Street also known as APN 0185-066-26-0000
On October 27, 2021, administrative hearing was held declaring the dilapidated home and its contents and all miscellaneous debris on the property a public nuisance. The Administrative Hearing Officer further ordered staff to obtain an abatement warrant from the court, collect all fines, demolish the structures and remove all debris from the property.

On March 24, 2022, an Abatement Warrant was issued (Case No. SBSW 22- 01375) for the city to take the appropriate actions to remove and abate the aforementioned public nuisances on the property. The Court ruled in favor of the City awarding any fees and costs expended to date plus all costs of abatement to be placed as a lien on the property totaling $26,099.09.

On or about April 13, 2022, the Property was returned to acceptable standards as established in the City's Municipal Code.

The potential reimbursement to the City in the amount of $26,099.09 upon sale of property.

Environmental Impact: N/A
Recommended Action: Approve City Council Resolution 2022-68, Confirming and adopting an itemized statement of cost for abatement of property located at 110 Market Street, also known as APN 0185-066-26-0000, file said resolution with the County Recorder placing a lien on the property.

Submitted By: Patrick Martinez, Assistant City Manager/Development Services City Management Review:7, v-1 Date: I.O {, /-z?
Approved □ Not Approved □ Tabled □ Other □
Agenda Item: __ l_3 __ _

Page 1 of 1 ends

RESOLUTION 2022-68

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEEDLES

CALIFORNIA, CONFIRMING AND ADOPTING AN ITEMIZED

STATEMENT OF COST FOR ABATEMENT OF PROPERTY
LOCATED AT 110 MARKETSTREET, NEEDLES, CA 92363,
ALSO KNOWN AS APN 0185-066-26-0000
WHEREAS, pursuant of Section 116 of the 2012 International Building Codes, property located at 110 Market Street (Assessor's Parcel No. 0185-066-26-0000) was declared to be a safety hazard/public nuisance and was ordered abated by Mark Mamati, serving as Hearing Officer; and WHEREAS, proper notification to the property owner, Commanding Property. Inc, to abate the nuisance was given on or about October 27, 2021; and WHEREAS, the property owner did not, in fact, clean the premises as ordered; and thereby the City of Needles commenced to do the work with a total cost of twenty-six thousand ninety-nine dollars and nine cents ($26,099.09) being charged to the property owner payable by said owner of the property, or by the beneficiary of any trust deed or by any other interest party; and WHEREAS, On March 24, 2022 Case No. SBSW 22-01375 was filed with the Superior Court of the State of California County of San Bernardino and an itemized statement of costs for work performed by the City is hereby attached to this Resolution for further particulars was submitted.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Needles California, hereby confirms and adopts the itemized statement in the amount of twenty-six thousand, ninety-nine dollars and nine cents ($26,099.09) for the work performed by the City of Needles. The City Council further resolves that the statement shall be paid by the owner of the premises, beneficiary of any trust deed concerning the premises, or any other party interested in the property; and
BE IT FURTHER RESOLVED, that if the said statement is not paid, said changes shall constitute a lien on the real property upon which the public nuisance was abated and shall be collected as a special assessment against the real property; and
BE IT FURTHER RESOLVED, that the property in this Resolution is located in the City of Needles, State of California, and more particularly described as Assessor's Parcel No. 0185-066- 26-0000, record of San Bernardino County; and
BE IT FURTHER RESOLVED, that the Assistant City Manager is hereby directed to file with the Assessor and Tax Collector of San Bernardino County, certified copies of this Resolution, and further the Assistant City Manger shall record said Resolution with the San Bernardino County Recorder; and
1 BE IT FURTHER RESOLVED, that the Assistant City Manager should direct the San Bernardino County Assessor to enter the amount of the charge against the real property described in this Resolution on the current assessment rolls; and
BE IT FURTHER RESOLVED, that the San Bernardino County Tax Collector shall add the amount of the assessment to the next regular tax bill against the property for municipal purposes.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Needles, California, held on the 11 th day of October 2022 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor
(Seal) Attest:

City Clerk
Approved as to form:

City Attorney
2 6/17/2022
110 MARKET~REET COSTS FOR ABATEMENT
- POSITION "'ii'E'AsoN TIME RATE COST
Adrian Chavez Sr. Code Enforcement Initial Inspection Notice of Violation & Reporting 2 $ 58.43 $ 116.86 Adrian Chavez Sr. Code Enforcement Issue of First Administrative Otation & Reporting 2 $ 58.43 $ 116.86 Adrian Chavez Sr. Code Enforcement Issue of Second Administrative Citation & Reporting 2 $ 58.43 $ 116.86 Adrian Chavez Sr. Code Enforcement Issue of Third Administrative Citation & Reporting 2 $ 58.43 $ 116.86 Adrian Chavez Sr. Code Enforcement Admin Hearing Presentation Prep 1 $ 58.43 $ 58.43 Adrian Chavez Sr. Code Enforcement Admin Hearing 1 $ 58.43 $ 58.43 Patrick Martinez Director of Dev. Services Admin hearing 1 $ 108.96 $ 108.96 Rick Danials City Manager Admin Hearing 1 $ 209.75 $ 209.75 Cindy Semione Associate Planner Admin Hearing (Setup & Breakdown) Minute Recording 1.5 $ 56.02 $ 84.03 Hearing Officer Admin. Hearing Officer Admin Hearing $ $ 70.00 Phillips Excavating Jnc. Demo Company Demolished 110 Market Street $ 1,900.00 Lena Wade Oty Attorney Drafting Documents, Abatement Hearing, Attending Court $ 2,307.60 Notice of Ex Parte Application; Declaration of Rick Daniels & Bosco Legal Services City Attorney Adrian Chavez $ 234.95 ~9959

ITEM REASON COST
Supplies USPS Certified Mai! Notice of Violation $ 8.25 Supplies USPS Certified Mail 1st Follow Up Inspection Citation Issued $ 8.25 Supplies USPS Certified Mail 2nd Follow Up Inspection Citation Issued $ 8.25 Supplies USPS Certified Mail 3rd Follow Up Inspection Citation Issued $ 8.25 Supplies USPS Certified Mail Notice to Appear Adm in hearing $ 8.25 Supplies USPS Certified Mail Minute Action $ 8.25
. . .. . ... · .. ·. Totcil'Material Costs ; . . .. $ - 49.SO

DATE ITEM REASON COST
14-32{c), 14-32{d), 14-32(e), 14-32(f), 14-32(g), 14-32(h), 14- 32(i), 14-320), 14-32(k), 14-32(m), 14-32(p), 14-32(s), 14-32(t), S/2/2021 A382S 14-32(u), 14-32(v), 14-32(aa), 14-32(z), JMPC 301.3, lMPC $1,550.00 302.1, IMPC 302.8, JMPC 304.3, IMPC 304.5, IMPC 304.6, lMPC 304.7, IMPC 308.1, 108.1.1, 108.2
14-32(c), 14-32(d), 14-32(e), 14-32(f), 14-32(g), 14-32(h), 14- 32(i), 14-320), 14-32(k), 14-32(m), 14-32(p), 14-32(s), 14-32(t), 8/16/2021 A3363 14-32(u), 14-32(v), 14-32{aa), 14-32(z), !MPC 301.3, IMPC $5,450.00 302.1, IMPC 302.8, IMPC 304.3, IMPC 304.5, IMPC 304.6, IMPC 304.7, IMPC 308.1, 108.1.1, 108.2
14-32{c), 14-32(d), 14-32(e), 14-32(f), 14-32(g), 14-32(h), 14- 32(i), 14-320), 14-32(k), 14-32(m), 14-32(p), 14-32js), 14-32(t), 8/30/2021 A3391 14-32(u), 14-32(v), 14-32(aa), 14-32(z), IMPC 301.3, JMPC Sl3,5S0.00 302.1, IMPC 302.8, IMPC 304.3, lMPC 304.5, IMPC 304.6, JMPC 304.7, IMPC 308.1, 108.1.1, 108.2 . .. · .. ·. · . . · .. ·. .····· , -' · :- Total Administrative Citation's . · . . $20,550.00 TOTAL SfAfF~ MATERIAL COSTS AND ADMINISTRATIVE CITATIONS $26,099.,09 1 2
3 4
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28 COPY SBSW 22-01375
JOHN 0. PINKNEY, Bar No. 162586 EXEMPT FROM FILING FEES PURSUANT LENA D. WADE, Bar No, 258356 TO GOVERNMENT CODE SECTION 610)

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
74785 Highway 111, Suite 105
Indian Wells, CA 92210
Telephone: (760) 322-9240
Facsimile: (760) 565-1189
Email: [email protected]
Attorneys for Plaintiff CITY OF NEEDLES

SUPERIOR COURT OF THE STA TE OF CALIFORNIA

COUNTY OF SAN BERNARDINO - SAN BERNARDINO DIVISION
CITY OF NEEDLES, a Charter City,
Plaintiff;
v.

COMMANDING PROPERITY, INC., owner;
and DOES l through I 0, inclusive,
Defendants .

Case No.: -Gl'J SB 2 2 0 4 1 3 0 (,P
Assigned for All Purposes to:
[PROPOSED) WARRANT TO ABATE

PUBLIC NUISANCES
[Filed or lodged concurrently with:

1. Notice of Ex Parle Application for
Warrant to Abate Public Nuisances,
Application and Memorandum of Points
and Authorities in Support Thereof; and

2. Declaration of Adrian Chavez.]
The Court, having read and considered the Application ("Application") of the City of Needles, California ("City"), for this Warrant to Abatement Public Nuisances ("Abatement Warrant"), the Memorandum of Points and Authorities in support thereof, the Declaration of Adrian Chavez ("Chavez Declaration"), and the Declaration of 24 Hours Notice, and the Court being familiar with the conditions of the property described in the Declaration and the Application, and finding good cause exists, does hereby order as follows:

I
(PROPOSED) ABATMENT WARRANT
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28 L City Manager or his designee may, after 24 hours following posting of this Abatement Warrant in a conspicuous location on the Property, enter onto the real property having APN 0185-066-26-0000, located at 110 Market Street, Needles, California ("Property"), and may abate the public nuisance by: (I) cleaning and correcting violations in all structures on the Property described in the Chavez Declaration, and (2) removing and disposing of all miscellaneous debris and vegetation on the Property and all contents inclusive including but not limited to correcting the following violations of Needles Municipal Code:
(c) Buildings which are abandoned, partially destroyed
( d) Open windows, doorways, etc. of vacant structure
( e) Paint deterioration
(f) Broken windows making hazardous condition
(g) Overgrown, dead, decayed, or hazardous trees, weeds and other vegetation (h) Building exterior which are maintained in such condition to become defective, unsightly, or no longer viable
(i) Unlawful storage of material on property
(j) Vehicles stored in yard areas, other than on driveways (k) Abandoned, broken or neglected equipment
(m) Materials visible from public street
(p) Unsightly appearance
(s) The maintenance of any structure in a state of substantial deterioration, such as peeling paint, broken windows, roof is disrepair, damaged porches, and is visible from a public right of way or neighboring property. Such conditions would have the tendency to depreciate the aesthetic and property values of surrounding properties.
(t) The substantial lack of maintenance of grounds within the City on which structures exist, where the grounds are visible by the public from a right of way or neighboring properties. Such condition would have a tendency to depreciate aesthetic and property values or surrounding properties 2 (PROPOSED) ABA TMENT WARRANT
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28 (u) Property maintained, in relation to others, establish prevalence of depreciated values, impaired investment
(v) Maintenance of premises in such condition as to be detrimental to the public health, safety, or general welfare, or in such manner as to constitute a public nuisance as defined in the Civil Code 3480
(z) Other nuisances as declared by any state, county or city statute, code or regulation to be a public nuisance
(aa) Painting of boarded windows and openings
International Property Maintenance Code:
108.1 General structure or equipment unsafe
I 08.2 Unsafe equipment on or within the premises which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises
301.3
302.1
302.8
304.3
304.5
304.6
304.7
Vacant structures shall be maintained
Sanitation
Inoperative motor vehicle
Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property
All foundation walls shall be maintained plum and free from open cracks and breaks
All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration
The roof and flashing shall be sound, tight and not have defects that admit rain
308.1 Accumulation of rubbish or garbage

2. The City Manager or his designee may use City forces, private contractors and/or 3 (PROPOSED) ABA TMENT WARRANT
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such other reasonable methods as may be appropriate to remove and abate the aforementioned public nuisances on the Property. Reasonable force only shall be used. The work shall be accomplished between 8:00 a.m. and 6:00 p.m. only.

3. Abatement pursuant to this Abatement Warrant shall be carried out no later than ninety (90) days from the date this Abatement Warrant is issued.

2. This Abatement Warrant shall be posted on the Prope1ty at least twenty-four (24) hours before the abatement begins.

3. A return describing all the actions taken pursuant to this Abatement Warrant shall be returned to this Court no later than fourteen (14) days after execution of the Abatement Warrant.

4. City is awarded fees and costs expended to date plus all costs of abatement to be performed. City shall submit a bill with the return on Abatement Warrant. The City Council may authorize a lien to be placed upon the Property at the conclusion of the abatement proceeding and such amount may be collected through the tax rolls or any other collection measure deemed appropriate by the City.

DATED:?. l-4' , 2022
4 (PROPOSED) ABA TMENT WARRANT
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[_ __ .\:~~[ .• J!l9'.e'~.,~~!~L ~!Y!!:cl~D.~Jd£~~-;:J_i;; ___ [ __ ~J-1._l_~J-~_L_~J_~_J_~_L_~l_-~-L- 22s__ _________ -----------·~-- City of Needles, California
Request for City Council Action
~ CITY COUNCIL O NPUA ~ Regular D Special
Meeting Date:

Title:

Background:

Fiscal Impact:

September 13, 2022
City Council Resolution No. 2022-68
A Resolution of the City Council of the City of Needles, California Confirming and Adopting an Itemized Statement of Cost for Abatement of Property located at 110 Market Street also known as APN 0185-066-26-0000
On October 27, 2021 , administrative hearing was held declaring the dilapidated home and its contents and all miscellaneous debris on the property a public nuisance. The Administrative Hearing Officer further ordered staff to obtain an abatement warrant from the court, collect all fines, demolish the structures and remove all debris from the property.

On or about April 13, 2022, the Property was returned to acceptable standards as established in the City's Municipal Code.

The potential reimbursement to the City in the amount of $26,099.09 upon sale of property.

Submitted By: Patrick M~ , Assistant City Manager/Development Services City Management Review: ~ ,?J?-: Date: ~, g 12'-L Approved □ ~
Not Approved: □ Tabled: □ Other:
~~ ~~c_ \o':) S'~
Agenda Item: _\.,_'}= ---

Page 1 of 1 ends

RESOLUTION 2022-68

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEEDLES

CALIFORNIA, CONFIRMING AND ADOPTING AN ITEMIZED

STATEMENT OF COST FOR ABATEMENT OF PROPERTY
LOCATED AT 110 MARKETSTREET, NEEDLES, CA 92363,
ALSO KNOWN AS APN 0185-066-26-0000
WHEREAS, pursuant of Section 116 of the 2012 International Building Codes, property located at 110 Market Street (Assessor's Parcel No. 0185-066-26-0000) was declared to be a safety hazard/public nuisance and was ordered abated by Mark Marnati, serving as Hearing Officer; and WHEREAS, proper notification to the property owner, Commanding Property. Inc, to abate the nuisance was given on or about October 27, 2021; and WHEREAS, the property owner did not, in fact, clean the premises as ordered; and thereby the City of Needles commenced to do the work with a total cost of twenty-six thousand ninety-nine dollars and nine cents ($26,099.09) being charged to the property owner payable by said owner of the property, or by the beneficiary of any trust deed or by any other interest patty; and WHEREAS, On March 24, 2022 Case No. SBSW 22-01375 was filed with the Superior Comt of the State of California County of San Bernardino and an itemized statement of costs for work performed by the City is hereby attached to this Resolution for further particulars was submitted.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Needles California, hereby confirms and adopts the itemized statement in the amount of twenty-six thousand, ninety-nine dollars and nine cents ($26,099.09) for the work performed by the City of Needles. The City Council further resolves that the statement shall be paid by the owner of the premises, beneficiary of any trust deed concerning the premises, or any other patty interested in the property; and
BE IT FURTHER RESOLVED, that if the said statement is not paid, said changes shall constitute a lien on the real property upon which the public nuisance was abated and shall be collected as a special assessment against the real propetty; and
BE IT FURTHER RESOLVED, that the property in this Resolution is located in the City of Needles, State of California, and more patticularly described as Assessor's Pat·cel No. 0185-066- 26-0000, record of San Bernardino County; and
BE IT FURTHER RESOLVED, that the Assistant City Manager is hereby directed to file with the Assessor and Tax Collector of San Bernardino County, ce1tified copies of this Resolution, and further the Assistant City Manger shall record said Resolution with the San Bernardino County Recorder; and
I
BE IT FURTHER RESOLVED, that the Assistant City Manager should direct the San Bernardino County Assessor to enter the amount of the charge against the real property described in this Resolution on the current assessment rolls; and
BE IT FURTHER RESOLVED, that the San Bernardino County Tax Collector shall add the amount of the assessment to the next regular tax bill against the property for municipal purposes.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Needles, California, held on the 13th day of September 2022 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor
(Seal) Attest:

City Clerk
Approved as to form:
2 City of Needles, California
Request for City Council Action
~ CITY COUNCIL □ NPUA
Meeting Date: October 11, 2022
D Regular D Special
Title: California Assembly Bill 361; Brown Act--Abbreviated Teleconferencing Procedures Background: On September 13, 2022, the City Council adopted Resolution No. 2022-66 proclaiming a local emergency, ratifying the proclamation of a State of Emergency by Executive Order N-09-21 , and authorizing remote teleconference meetings of the legislative bodies of the City of Needles for the period of September 17, 2022 - October 16, 2022, pursuant to provisions of the Ralph M.

Brown Act.

The primary purpose of California Assembly Bill 361 (Rivas) is to allow for California public agencies to continue holding public meetings remotely, using abbreviated teleconferencing procedures, during the COVID-19 state of emergency.

Pursuant to AB 361 , if the state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference using the abbreviated teleconferencing procedures, the local legislative bodies shall, not later than 30 days after teleconferencing for the first time under AB 361, and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.

Fiscal Impact: N/A
Recommended Action: Resolution No. 2022-69 proclaiming a local emergency, ratifying the proclamation of a State of Emergency by Executive Order N-09-21 , and authorizing remote teleconference meetings of the legislative bodies of the City of Needles for the period of October 17, 2022 - November 15, 2022, pursuant to provisions of the Ralph M. Brown Act
Submitted By: City Clerk I
City Management Review: + ~ Date: td. '-1 'z.Z.

Approved: □ Not Approved □ Tabled: □ Other: □

Page 1 of 1 ends

Agenda Item: __ \l'-y-+---
\,
RESOLUTION 2022-69

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEEDLES, CALIFORNIA,

PROCLAIMING A LOCAL EMERGENCY PERSISTS, RE-RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY EXECUTIVE ORDER N-09-21, AND RE-AUTHORIZING

REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF NEEDLES FOR THE PERIOD OCTOBER 17, 2022 - NOVEMBER 15, 2022, PURSUANT TO PROVISIONS OF THE RALPH M. BROWN ACT
WHEREAS, the City of Needles (the "City") is committed to preserving and nurturing public access and participation in meetings of the City Council; and WHEREAS, all meetings of the City's legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code §§ 54950 - 54963) (the "Brown Act"), so that any member of the public may attend, participate, and watch the City's legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City's boundaries, caused by natural, technological, or human-caused disasters; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, the City Council previously adopted Resolution 2022-66 on September 13, 2022, finding that the requisite conditions exist for the legislative bodies of the City to conduct remote teleconference meetings without compliance with Government Code section 54953(b)(3); and
WHEREAS, as a condition of extending the use of the provisions found in Government Code section 54953(e), the City Council must reconsider the circumstances of the state of emergency that exists in the City, and the City Council has done so; and WHEREAS, emergency conditions persist in the City, specifically, on March 4, 2020, the Governor of the State of California proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; despite sustained efforts the virus continues to spread and is impacting nearly all sectors of California; and
WHEREAS, on June 9, 2021, the California Department of Public Health issued updated public health directives related to physical distancing and face coverings effective June 15, 2021, based on guidelines issued by the Centers for Disease Control and Prevention; and WHEREAS, the San Bernardino County Department of Health has recommended measures to promote social distancing. The current state and federal masking guidance recommend that vaccinated individuals wear face masks in public indoor settings. The state still requires unvaccinated individuals to wear masks indoors; and WHEREAS, the City Council does hereby find that the ongoing risk posed by the highly transmissible COVID-19 virus will continue to cause conditions of peril to the safety of persons within the City which are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and the City Council desires to proclaim a local emergency and ratify the proclamation of state of emergency by the Governor of the State of California; and WHEREAS, as a consequence of the local emergency persisting, the City Council does hereby find that the legislative bodies of the City shall continue to conduct their meetings without compliance with Government Code section 54953(b)(3), as authorized by Government Code section 54953(e), and that such legislative bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in Government Code section 54953(e)(2); and
WHEREAS, all meeting agendas stating meeting dates, times and the manner in which the public may attend and offer public comment by call-in option or internet-based service option shall be posted, at a minimum, on the City's website and at the City's main office.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEEDLES DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals.

The recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Affirmation that Local Emergency Persists.

The City Council hereby considers the conditions of the state of emergency in the City and proclaims that a local emergency persists throughout the City, and the ongoing risk posed by the highly transmissible COVID-19 virus has caused, and will continue to cause, conditions of peril to the safety of persons within the City; furthermore, the guidance of San Bernardino County Department of Health recommends physical distancing.

Section 3. Re-ratification of Governor's Proclamation of a State of Emergency.

The City Council hereby ratifies the Governor of the State of California's Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.

Section 4. Remote Teleconference Meetings.

The Mayor, the City Manager, and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

Section 5. Effective Date.

This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) November 15, 2022, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with Government Code section 54953(b)(3).

Section 6. Certification.

The Clerk of the City Council shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.

PASSED, ADOPTED, AND APPROVED, this 11 th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor
ATTEST:

Dale Jones, City Clerk
APPROVED AS TO FORM:

John 0. Pinkney, City Attorney
City of Needles, California
Request for City Council Action
~---------------------------------------------------------• [gj CITY COUNCIL O UTILITY BOARD O NPUA O RDA [gl Regular D Special Meeting Date:

Title:

Background:

Fiscal Impact:
10/11/2022
Accept the cost increase for "Final Design" by the Arizona Department of Transportation (ADOT) for the Bridge Rehabilitation Project under the Intergovernmental Agreement (IGA) in the amount of $2,000.

ADOT re-advertised the project on 06/24/2022 incorporating modifications to the bid package to ensure a more competitive bid pool. With the rebidding effort a shared cost for bidding support resulted in a cost of $2,000 (50%).

The total project cost (design and construction) to date is increased by $4,000 for a total of $3,843,648 with the City's obligation (50%) being $1 ,921 ,824. The Citys portion of this increase ($2,000) to be expended from the General Fund Reserves to be reimbursed by a grant administered by Caltrans from the Highway Bridge Program (HBP) at 88.53% resulting in a total return of $1,701,391 to the City. /yrt Sylvia Miledi
Recommendation: Accept the cost increase for "Final Design" by the Arizona Department of Transportation (ADOT) for the Bridge Rehabilitation Project under the Intergovernmental Agreement (IGA) in the amount of $2,000. Funds to be expended from the General Fund Reserves and be reimbursed by a grant administered by Caltrans from the Highway Bridge Program (HBP) at 88.53%.

Submitted By: Kathy Raasch, Projects Manager
,---
City Management Review: ,CJJ,-- Date:
~---------------------------------------------------------• Approved: D Not Approved: D Tabled: 0 Other:O
AGENDA ITEM: \S-
ACCT
Remit to:

ARIZONA DEPARTMENT OF TRANSPORTATION
Local Agency
Z06S 17THAVE
MAILDROP 2038
PHOENIX AZ 8S007
Bill to:

City of Needles
817THIRD ST
NEEDLES CA 92363
□ Please check if address has changed.Write correct
address on back of stub and attach with payment
Ill II I II Ill I I IIII I 1111111111111111111111111111111111111111111 DTALA2023000029DT0838
Payment Method: Check D Money Order D
r::

Please write Invoice No on front of check or Money Order.

DO NOT MAIL CASH I
Please detach the above stub and return with your remittance. - --------------------------------------------· DT0838
City of Needles
Invoice Charges
Ref Line Description Billing Date No. Of Units No.
1 Invoicing city's 50% share for design cost for ADOT 09-20-22 project F018201D
Other Charges
Description
Credit Payments Applied
Total Amount Due
Additional Notes:

Instructions
Please contact our office'for payment and billing questions. 09-20-22
-lW,l,c '.Jll
LA2023000029
Unit of Unit Price Measure
Total Invoice Charges
Date
Total Other Charges
10-20-22
-m,jQi\i<iil,~'
09-20-22
Charges/Credits ·r
.,
$2,000.00 .
----------------------------- $2,000.00
Charges
I••
$0,00 :)'
$2,000.00
Request for Council Action
City of Needles, California
~---------------------------------------------------------• ~ CITY COUNCIL O UTILITY BOARD O NPUA ~ Regular D Special Meeting Date:

Title:

Background:
10/11/2022
Accept TKE Engineer's Proposal for Professional Engineering Services for the Design of Well No. 11 to Well No. 15 Waterline lntertie Project in the amount not to exceed of $140,700 to be funded by the State Water Resources Control Board On 8/12/2022 the City accepted and executed Amendment No. 2 to the Grant Agreement with the California State Water Resources Control Board (SWRCB) for $14,247,995. for this project (Phase 6A) and other drinking water related projects.

This amendment includes $7,449,918 for a water treatment plant at Well No. 11.

The design and construction of the treatment plant contract is being drafted now and being reviewed by Legal Council and the SWRCB.

This portion of the project consists of the design of approximately 2855 linear feet of dedicated transmission main (intertie) between Well No. 11 on River Road and Well No 15 at K Street, to keep untreated water separate from the existing culinary water system before entering the proposed treatment facility. This scope is outside of the design build of the treatment plant at Well No. 11.

Services by TKE will include survey, design, preparation of all construction documents, bidding assistance, construction management and construction inspection.

Fiscal Impact: A total not to exceed $140,700 to complete the proposed professional services including plans, specifications & estimates (PS&E) for the project, being funded by the Grant awarded by California State Water Resources Control Board Agreement Number SWRCB0000O00000D1902030 of $14,247,995. Jjyl1 Sylvia Miledi Recommendation: Accept TKE Engineer's Proposal for Professional Engineering Services for the design of the Well No. 11 to Well No.15 Waterline lntertie Project in the amount not to exceed $140,700 to be funded by the State Water Resources Control Board.

Submitted By: Kathy Raasch, Projects Manager
City Management Revi: w: _ -+\2=-___._, ... 4'--...., ;;__ __ \ Date:
~---------------------------------------------------------• Approved: D Not Approved: D Tabled: 0 Other:D

Page 1 ends

ERING
September 26, 2022
Ms. Rainie Torrance
Assistant Utility Manager
City of Needles
817 Third Street
Needles CA 92363
TKE ENGI NE ERI N G , INC .

Subject: Proposal to Provide Professional Engineering Services for the Design of the Well 11 to Well 15 Waterline Intertie
Dear Ms. Torrance:

Thank you for the opportunity to submit a proposal to provide professional engineering services for the subject project. The City desires to retain a consultant to aid in completing the design of a new dedicated transmission main intertie between Well No. 11 and Well No. 15. The proposed intertie waterline is needed to deliver untreated groundwater from Well No. 15 to the proposed water treatment facilities to be constructed at Well No. 11. The intertie waterline will require approximately 2,855 linear feet of 16" waterline to keep untreated water separate from the existing culinary water system. Additionally, TKE will coordinate with the design consultant for the Well No. 11 water treatment plant. Finally, our proposal includes bidding, construction management, and inspection services to oversee the construction of the proposed waterline intertie facilities. Our proposed scope of services is described in more detail below.

SCOPE OF SERVICES
TKE's scope of services is presented in the following paragraphs:

Task 1. Project Coordination
TKE will provide project coordination and management for the Well No. 11 water treatment plant, designed by others. TKE will meet with the consultant, as required, throughout the treatment plant project development and design phase, including consultant kick-off meetings, progress meetings, and workshops. We will provide oversight and technical review of reports, specifications, plans, schedules, and/or designs. TKE will provide continuous communication with City staff and the Well No. 11 water treatment plant consultant during the design phase to ensure that the 2305 C hi cago Ave - Ri verside - CA - 92507
Ph. (95 1 ) 680 - 0 44 0 - Fax (951 ) 680-0490 ww w . tk ee n g in eer i ng.co m Letter to Ms. Rainie Torrance
Well No. 11 to Well No. 15 Waterline Intertie Design Proposal September 26, 2022

Page 2 of 9 ends

project is implemented in accordance with City requirements. TKE will provide plan check and feasibility review services for the design, identifying any design deficiencies, permit requirements, safety issues, any constructability issues and cost savings measures and will ensure that the project will meet budget requirements.

We estimate approximately 72 hours for this task.

Task 2. Records Research
We will thoroughly research existing utility records and acquire copies of all available records. The purpose of the records research is to assemble survey records to establish locations of property limits of the proposed site and determine locations of all existing utilities and improvements.

The research will consist of assembling copies of assessors' maps, tract maps, parcel maps, monument ties, benchmark data, corner records, street improvement plans, and utility drawings. We will notify Underground Service Alert to acquire a complete list of underground utility purveyors. The utility drawings will include existing drawings from the City, including the existing site boundary survey, and drawings and/or atlas maps from all private utility companies, and/or agencies.

Task 3. Surveying
TKE will perform topographic survey to collect details of the proposed waterline alignment and site features at each well site as needed to prepare the waterline improvement plans. The survey will be tied to an existing City benchmark to ensure consistency with existing other City records, and tied to record survey monuments.

Task 4. Base Drawings
We will prepare the base construction drawings on 24" by 36" sheets with the City's standard title block using AutoCAD 2019 software at a drawing scale of 1"=40' for the waterline plan and profile. The base construction drawings will include a plan view based on field survey data. We will add the sheet north arrow, graphic scale, existing improvements and utilities (based on both assembled records and field data), property lines, public and private right-of-way, street centerline, and street names to the plan view portion of the drawings. Once the base drawings are complete, we will perform a careful field review to ensure all above ground and underground facilities are shown correctly. We will request that experienced City staff assist us with the field review to ensure all underground facilities and well appurtenances have been identified and accurately shown.

Task 5. Preliminary Design
Following preparation of base drawings and site visit, TKE will prepare a preliminary design identifying the proposed waterline alignment. The waterline alignment will include proposed waterline alignment from the tie-in location at each well site, utility crossings, other potential conflicts, and related information. We will also coordinate Letter to Ms. Rainie Torrance
Well No. 11 to Well No. 15 Waterline Intertie Design Proposal September 26, 2022

Page 3 of 9 ends

with the design engineer for the Well No. 11 water treatment facilities to verify the tie-in location.

TKE will forward the preliminary design to the City for review. Upon completion of the City's review, TKE will meet with staff to gather comments and receive direction for the final alignment.

Task 6. 60% Design
The 60% design will consist of a title sheet, construction notes sheet, plan and profile sheets, and detail sheets, including connection details.

The title sheet shall include the title of the job, a vicinity map showing the City limits in relationship to surrounding communities, a location map showing the project limits, a list of abbreviations used, benchmark data, general notes, construction quantities, an index for the drawings, and references.

The construction notes will include requirements for notifications, existing utility protection and relocation, materials, excavation, shoring, bedding, backfilling, compaction, improvement restoration, testing, flushing, video inspection, and construction sequencing.

The plan and profile sheets will include the plan and profile views showing digital topographic data, existing improvements and utilities, centerline control, proposed pipeline alignment, and pipeline appurtenances ( connections, air valves, main line valves, blow offs, etc.). Alignment will be selected to provide required Department of Public Health separation and avoid conflicts with other utilities. The profile will show existing ground surface over the proposed pipeline, pipeline flow line, top of pipe, utility crossings, slopes, length of pipe, pipeline appurtenances, joint restraint requirements, and special bedding requirements all in accordance with City standards.

The construction detail sheets will include connections, appurtenance details, and abandonment details, all at appropriate drawing scales.

In addition, TKE will prepare a draft specification package (Bid Sheets and Special Provisions) for bidding purposes in accordance with City standards and in Microsoft Word format. The specifications will include bid schedules with special bid instructions on the City's award intentions. They will also include preliminary technical specifications for the waterline piping and appurtenances.

After 60% design and specifications are complete, we will forward electronic copies to the City for review and comment. Thereafter, the City will provide comments via email.

Task 7. 90% Design
We will incorporate the City's 60% comments, refine the design as required, and provide the City revised drawings. After 90% design is complete, we will forward Letter to Ms. Rainie Torrance
Well No. 11 to Well No. 15 Waterline Intertie Design Proposal September 26, 2022

Page 4 of 9 ends

electronic copies to the City for final review and comment. Thereafter, the City will provide comments via email for final design.

Task 8. Final Design
We will incorporate the City's 90% comments and provide the City with hard (mylar drawings and specifications) and digital (PDF and Word) copies of the drawings, and specifications for bidding purposes.

Task 9. Bidding Assistance
TKE will provide project pre-award services as needed including but not limited to preparation of response to RFI's during bid period, preparation of addenda as required, and attend pre-bid job walk for technical assistance. Lastly, TKE will assist the City with review of bid proposals in accordance with the contract documents and verification of the lowest responsible bidder.

Task 10. Pre-Construction Services
Pre-construction services include project familiarization and team coordination; material submittal review; and pre-construction conference coordination. Preconstruction services, each are discussed in the following paragraphs:

Task 10.1 Team Coordination
TKE will coordinate the project team, including City staff, Contractor, Construction Inspector, geotechnical engineers, materials testing, and other agency staff by advising of the project schedule and specific project requirements. All conferences will be documented.

Task 10.2 Pre-Construction Conference
A preconstruction conference will be held. The conference will be attended by City staff, TKE's Construction Manager, TKE's Construction Inspector, Contractor, and others. Prior to the conference, we will prepare a conference agenda. At the meeting, we will discuss communication protocol requirements, and procedures for contract submittals, contract administration, job-site access and delivery, job requirements, site constraints, and coordination with others. We will document the meeting and distribute meeting minutes to all appropriate parties.

Task 10.3 Material Submittal Review
TKE will coordinate with the Contractor for the list of all project submittals and coordinate reviews and approvals. Submittals would include, but are not limited to:
a. Construction Schedule
b. Emergency Contact List
c. SWPPP
d. Project Sign
e. Valves
Letter to Ms. Rainie Torrance
Well No. 11 to Well No. 15 Waterline Intertie Design Proposal f. Piping
g. Appurtenances
h. Aggregate Base
i. Portland Cement Concrete
September 26, 2022

Page 5 of 9 ends

We will maintain a submittal log for the Project and it will include descriptions of submittals, date received, and date returned. Once the submittals have been reviewed and accepted, they will be signed, dated, and sent to the Contractor.

Submittals will be returned within the time frame specified by the contract documents. The construction schedule will be a critical document. It will be reviewed to verify compliance with the contract documents and will be reviewed biweekly to ensure construction is proceeding efficiently.

TKE's Construction Manager will meet with the Contractor and Construction Inspector on a biweekly basis to review progress, changed conditions, issues and progress payments to ensure the project remains on schedule and that City staff is fully aware of all project proceedings.

Task 11. Construction Management
TKE has assumed approximately 30 working days to complete construction. Prior to beginning construction and throughout the course of construction, we will meet City staff. We will prepare agendas and minutes for each meeting and will respond to questions as required. During construction, the Construction Manager will coordinate all construction activities with the Construction Inspector, the quality assurance professionals, other agencies and utility companies and project surveyors. In addition, the Construction Manager will visit the job site periodically to observe construction activities. He will document any observed deviations from the plans and he will advise the Contractor, as appropriate, for resolution of observed deficiencies.

In addition, our Construction Manager will conduct biweekly virtual meetings with the Contractor to ensure construction is progressing efficiently. We will prepare agendas and minutes for each, and refer to uncompleted business at each meeting. Also, should incidents or issues arise, Contractor will be required to submit reports regarding each.

Throughout the course of construction, our Construction Manager will respond to complaints from the public. In addition, he will review the construction progress and compare it to the approved project schedule and the contractor of deficiencies.

RFI's and RFC's (including written clarification requests and change-in-plan drawings) will be reviewed and responded to regarding the contract documents in order to ensure that the improvements are constructed in compliance with same; we will provide said responses as required to minimize delays in construction. All RFI's and RFC's will be logged, including content of inquiry and date relayed and date of response.

Letter to Ms. Rainie Torrance
Well No. 11 to Well No. 15 Waterline Intertie Design Proposal September 26, 2022

Page 6 of 9 ends

Our contract administration activities will include progress reviews to ensure that the project is proceeding according to requirements and schedule, biweekly progress review meetings with the contractor, review of contract change order requests, and payment requests and related services. Payment requests and record keeping will include all correspondence, transmittals, drawings, technical manuals, reports, etc. (both hard copy and electronic formats) related to pre-construction, construction and post-construction phases of each construction contract. The documents will be kept at our office.

Project progress and any changes during construction will be noted on a set of the project's contract documents maintained in our office. If a problem occurs requiring a City decision, we will consult with staff. The Construction Manager will attempt to resolve complaints, concerns, and questions from residents and other affected agencies without staff assistance.

Through e-mail, telephone conferences, and regular virtual meetings, the Construction Manager will keep staff informed of project progress, problems that have occurred during construction, and any changes in work. Whenever possible, we will review required changes with staff prior to making same.

Each month, we will review the construction payment requests submitted by the contractor for work completed and the construction schedule. In addition, we will verify that certified payroll has been submitted. We will review the work completed and payment requests to ensure that the quantities and amounts requested reflect the actual work completed. After each request has been reviewed (and revised if necessary), we will approve it for payment. We will also submit a monthly status report with each payment request verifying compliance with the project schedule. If the Contractor begins to fall behind the schedule, we will request corrective action.

If change conditions occur, we will negotiate with the Contractor to establish the impact of change conditions and we will attempt to complete negotiations prior to beginning work. The City will be included in all negotiation requiring a contract amount increase. If we fail to reach an agreement and the work must continue, we will direct the Contractor to complete the work. TKE's Construction Inspector will document the labor, materials and equipment used for the extra work for use in future negotiations.

We will review any change order request received to determine if said request is warranted. If the change order request is not warranted, we will reject it in writing; prior to sending rejection letters to the Contractor, we will review it with City staff. If the change order request appears justified, we will review it with the Construction Inspector and compare it with field reports for confirmation of materials, equipment and/or labor involved; we will review same with staff and receive staff's approval prior to preparing and processing the contract change order. Change orders will be Letter to Ms. Rainie Torrance
Well No. 11 to Well No. 15 Waterline Intertie Design Proposal September 26, 2022

Page 7 of 9 ends

prepared on standard forms. Change Orders will be summarized in a log for review at our weekly meetings.

We will ensure that telephone numbers for normal working hours, evenings, and weekends for our staff, contractor, utilities, and emergency services are provided to all concerned parties.

In addition, we will maintain documents and records. We will ensure that the contractor is submitting proper labor reports, time and material reports, material invoices and/or tickets, certifications, warranties and all other such documents as necessary for a complete and successful project.

Task 12. Construction Staking
TKE will provide construction staking services required to complete construction. We will prepare grade sheets and we will provide stakes for construction at required locations as established by the Contractor. TKE assumed five site visits to complete all required construction staking.

Task 13. Construction Inspection
TKE will provide full time construction inspection for the duration of the project (i.e., 30 working days). Our Construction Inspector will provide daily construction inspection to verify that the project is progressing in compliance with the plans and requirements. He will regularly discuss construction anticipated construction activities to ensure quality compliance and surveying is scheduled as needed to ensure the project is proceeding efficiently. We will require strict compliance with requirements for all construction activities. All materials will be reviewed against approved material submittals as they arrive on-site. Batch tickets or weigh certificates will be collected upon material arrival.

Our Construction Inspector will verify SWPPP and public safety provisions have been implemented at the start of each work day, at the construction site. Any deviations will be documented and the City will be advised. In addition, he will verify that construction is proceeding in accordance with contract document requirements.

All system service interruptions, connections and abandonments will be coordinated with City staff. In addition, TKE will verify all quality testing for the project.

We will digitally photograph the activities and maintain copies in the project files and our Construction Inspector will prepare daily field reports, which will document all observed project activity, including location of the activity, number of workers present, construction equipment used, inspector present, weather conditions, and construction progress. All project documentation will be completed on City standard forms. All documents will be submitted in hard copy and electronic copy formats.

TKE will provide all inspection equipment needed.

Letter to Ms. Rainie Torrance
Well No. 11 to Well No. 15 Waterline Intertie Design Proposal September 26, 2022

Page 8 of 9 ends

Inspection services for materials testing and compaction services is not included in TKE's proposal and will be provided under a separate contract.

Task 14. Construction Close-Out
TKE will establish punch-lists for project completion, deliver maintenance bonds and/or manufacturer warranties, operations and maintenance manuals are provided, and all other construction requirements have been completed.

Through the course of construction, TKE will document changes on a set of record drawings. Once the project has been completed, TKE will prepare record drawings and provide them. They will be signed and stamped by the construction manager and will reflect the improvements as constructed. Said record drawings will be based on data furnished by the Contractor, and our weekly field reports.

We will forward copies of all records in digital format and we will prepare a summary of construction changes, final cost, and schedule revisions. In addition, TKE will provide a final narrative summary report documenting construction activities.

FEE
Our budget to provide the services described is as follows:

Descri12tion Amount

1. Project Coordination $ 12,600

2. Records Research $ 1,500

3. Surveying $ 4,000

4. Base Drawings $ 10,000

5. Preliminary Design and Specifications $ 5,000

6. 60% Design $ 12,000

7. 90% Design $ 6,000

8. Final Design $ 3,000

9. Bidding Assistance $ 4,000

10. Preconstruction Services $ 16,500

11. Construction Management $ 24,000

12. Construction Staking $ 9,600

13. Construction Inspection $ 29,000

14. Construction Closeout $ 3,500
Total: $140,700
TKE's total project fee, including all tasks described above, is $140,700. Should the City desire to move forward with project design only, excluding Tasks 9-14, TKE's proposed fee of $54,100 will include coordination on Well No. 11 treatment design and preparation of construction bidding documents, which will include six (6) sheets (i.e. title sheet, note sheet, three waterline plan and profile sheets, and two detail Letter to Ms. Rainie Torrance
Well No. 11 to Well No. 15 Waterline Intertie Design Proposal September 26, 2022

Page 9 of 9 ends

sheets). We will invoice the City monthly in accordance with our rate schedule. Our invoice will not exceed the amount presented above without prior approval.

SCHEDULE
TKE anticipates completing preliminary design within 6-weeks of receiving notice to proceed. Thereafter, TKE anticipates turning around subsequent plan sets (i.e. 60%, 90%, and Final) within 3-weeks of receiving City comments. TKE estimates 3 months to complete bidding and award of construction. Finally, we estimate approximate 30 working days for construction.

Again, thank you for the opportunity to submit our proposal to provide professional engineering services for the City. If you have any questions, please contact me at (951) 680-0440.

Sincerely,
,· L-~
Steven W. Ledbetter, P.E.

Vice President
TKE Engineering, Inc.

Attachments: Rate Schedule
EN GINEERI NG I N C.

RATE SCHEDULE
2022 - 2023
Principal in Charge ................................ ................................ .......... ......... .

Project Manager/Construction Manager/Licensed Surveyor ............... ......... .

Senior Engineer/Project Engineer (PE)/Senior Plan Checker .... ................... .

Assistant Project Manager/Associate Engineer ........................................... .

Assistant Engineer/Plan Checker/Designer .................... ............................. .

Auto CAD Technician .................... .......... ................................................... .

Engineering Technician ................ .......... ................................................... .

Clerical .................. ......... .................... ...................... .......... ................... .

Forensic Engineering ................................................................................ .

Expert Witness Testimony .......................................... .................... ......... .

SURVEYING SERVICES
2-Man Survey Crew (Prevailing Wage) .... .............. ........ .................... ......... .

CONSTRUCTION SERVICES
Senior Construction Inspector (Prevailing Wage) ........................................ .

Construction Inspector (Prevailing Wage) .......................................... ......... .

REIMBURSABLE COSTS
In-house Reproduction ...... .......................................... .................... ......... .

Printing and Materials ............................................................ ................... .

Express Mail/Courier/Next Day Service ........................ .......... ................... .

Special Subconsultant Services ................................................................ .

HOURLY
RATE
$175.00
$165.00
$155.00
$145.00
$135.00
$125.00
$ 90.00
$ 85.00
$250.00
$350.00
$240.00
$120.00
$110.00
Cost
Cost+ 10%
Cost+ 10%
Cost+ 10%
Revised June 2022
a . -----Request C-it_y_o_f_N_e_e_d-le_s_,_C_a_li_fo_r_n-ia ________ _ for Council Action ~ CITY COUNCIL O Board of Public Utilities ~ Regular O Special Meeting Date:

Title:

Background:

Fiscal Impact:

October 11, 2022
Accept TKE Engineer's proposal to provide Engineering Services for the design of the Golf Course Irrigation Efficiency Project, Phase 1 in the amount not to exceed $25,800.

The existing irrigation system at the Rivers Edge Golf Course dates back to the mid 1960's and is extremely inefficient and need of replacement.

Currently, a staff member is responsible for manually installing every sprinkler head each night the course is irrigated.

The City was awarded grant funding under the 2021 Urban and Multibenefit Drought Relief Grant Program from the California Department of Water Resources (DWR) in March 2022 to assist in the replacement of the existing 660 manual sprinkler heads with new water efficient sprinkler heads and design a new automatic irrigation system that will control the new sprinklers.

Phase 1 of this project will consist of preparing a basis of design report, completing the design for the automatic sprinkler system, and preparing bid documents for procuring the new water-efficient sprinkler heads. This project is estimated to provide 50-acre feet per year of water savings per year.

A total not to exceed $25,800 to provide engineering services to complete the design and contract documents for the project, being funded by a grant from the Department of Water Resources (DWR). The total project cost awarded is $715,538.
brvi Sylvia Miledi
Recommendation: Accept TKE Engineering proposal to provide Engineering Services for the design of the Golf Course Irrigation Efficiency Project, Phase 1 in the amount not to exceed $25,800 and authorize staff to execute a new task between City & TKE Engineering for said work.

Submitted By: Kathy Raasch, Projects Manager
City Management Review:.,. ~ c.¥-=== Date: l O ( ,., / 2'1....

Approved □ Not Approved: □ Tabled: □ Other □
Agenda Item:
1 September 26, 2022
Ms. Rainie Torrance
Assistant Utility Manager
City of Needles
817 Third Street
Needles CA 92363
TKE ENGINEERING , I N C.

Subject: Proposal to Provide Professional Engineering Services for the Design of Golf Course Irrigation Efficiency Project - Phase I
Dear Ms. Torrance:

Thank you for the opportunity to submit a proposal to provide professional engineering services for the subject project. The City was awarded grant funding to replace manual sprinkler head through the Rivers Edge Golf Course with automatic sprinklers. More specifically, the City desires to retain a consultant to prepare plans, specifications, estimates, bidding and construction support services for the Phase 1 Project that will replace approximately 660 manual sprinkler head with new waterefficient sprinkler heads and install an automatic irrigation system. TKE will partner with Community Works Design Group to complete the project, collectively referred to herein as the Project Team. Our proposed scope of services is described in more detail below:

SCOPE OF SERVICES
TKE's scope of services is presented in the following paragraphs:

Task 1. Meetings and Coordination
Upon authorization to provide services, the Project Team will meet with City Staff at the project site to gain a better understanding of the project scope, specifically to further define the key locations of the existing irrigation system and site development requirements. In addition, we also propose to provide coordination with the City throughout the course of providing engineering services to ensure that the design documents and project support services are progressing in accordance with City Staff design requirements.
2305 C hi cago Av e - River s ide - CA - 9 2507
Ph. (951) 680 - 0440 - Fax (9 5 1) 680 -049 0
www.tkec n g in ce rin g.co m
Letter to Ms. Rainie Torrance
Golf Course Irrigation Efficiency Project - Phase I Proposal Task 2. Records Research
September 26, 2022

Page 2 of 4 ends

We will thoroughly research existing utility records and acquire copies of all available records. The purpose of the records research is to assemble survey records to establish locations of all existing utilities and improvements.

Task 3. Site Analysis and Design
Because the project is grant funded, the Project Team will ensure all Department of Water Resources grant requirements and deliverables are met. The Project Team will utilize the 2001 Preliminary Irrigation Plans for the basis of design. This Phase 1 Project will consist of revising the preliminary design to install approximately 660 new water-efficient sprinkler heads. We will also revise the preliminary design to include a new automatic irrigation system that will control the new sprinklers. These revisions will result in the preparation of 100% Construction - Phase 1 Irrigation Plans and engineer's estimate of probable cost. We anticipate one round of design document review with the City.

In addition, we will prepare a critical path schedule, identifying key submittal dates and progress milestones for City review and approval. Further, we will assist the City with documentation and calculations to demonstrate the anticipated water and energy savings of this project through the design and construction.

Task 4. Bidding Assistance
Th Project Team will provide project pre-award services as needed including but not limited to preparation of response to RFI's during bid period, preparation of addenda as required, and attend pre-bid job walk for technical assistance. Lastly, we will assist the City with review of bid proposals in accordance with the contract documents.

Task 5 - Construction Administration Assistance
The Project Team will attend the pre-construction meeting to provide addition details on the project scope, as required.

In addition, the Project Team will review shop drawings and material samples, respond to Contractor Requests for Information (RFI's), and review project submittals. We will attend construction progress meetings at the City's request. We will advise and consult with the City throughout the construction phase.

Letter to Ms. Rainie Torrance
Golf Course Irrigation Efficiency Project - Phase I Proposal September 26, 2022

Page 3 of 4 ends

Further, we will provide field observations as requested. Visits shall be performed at the current hourly rates listed in the attached rate schedule.

Finally, we will assist the City in determining the amount owed to the Contractor by reviewing monthly payment requests.

FEE
Our budget to provide the services described is as follows:

Description

1. Meetings and Coordination

2. Records Research

3. 4.

5. Total:

Site Analysis and Design
Bidding Assistance
Construction Administration Assistance
Amount
$ 1,800
$ 1,800
$ 12,300
$ 1,900
$ 8,000
$25,800
TKE's proposed project fee includes approximately 165 man-hours at a cost of $25,800 for the above scope of work. We will invoice the City monthly in accordance with our rate schedule, see attached. Our invoice will not exceed the amount presented above without prior approval.

SCHEDULE
The Project Team is prepared to begin our services immediately upon receipt of Notice to Proceed (NTP) by the City of Needles, and to run various City projects concurrently.

Assuming the NTP is issued on October 15, 2022, we foresee the following tentative milestones:
• October 15, 2022 Notice to Proceed
o Project Team proceeds with site investigation, review of 2001 Preliminary Irrigation Plan, host kick-off meeting, etc. • December 1, 2022 Submit Basis of Design Report
o Allow 4-6 weeks DWR review
• March 1, 2022 Submit 100% Design Plans
• July 2023 Begin Construction during Course Closure
• September 15, 2023 Construction Completion
• October 2023 Project Completion, As-Built/Record Drawings, File NOC, etc.

The timeline above reflects a steady pace of project progression. However, the Project Team has the bandwidth and proven performance to expedite the design sequence if deemed necessary.

Letter to Ms. Rainie Torrance
Golf Course Irrigation Efficiency Project - Phase I Proposal September 26, 2022

Page 4 of 4 ends

Again, thank you for the opportunity to submit our proposal to provide professional engineering services for the City. If you have any questions, please contact me at (951) 680-0440.

Sincerely,
Steven W. Ledbetter, P. E.

Vice President
TKE Engineering, Inc.

Attachments: Rate Schedule
ENGINEERING INC.

RATE SCHEDULE
2022 - 2023
Principal in Charge ................................................................................... .

Project Manager/Construction Manager/Licensed Surveyor ........................ .

Senior Engineer/Project Engineer (PE)/Senior Plan Checker .... ................... .

Assistant Project Manager/Associate Engineer .................................. ......... .

Assistant Engineer/Plan Checker/Designer ................................................. .

AutoCAD Technician .............................. .................................................. ..

Engineering Technician .................................................................... ......... .

Clerical ........ ....................................... .................................................. ..

Forensic Engineering ............................................................................... ..

Expert Witness Testimony .. . . .. . .. . .. . . . . . .. . .. . . . . . . .. . . . . .. .. . . .. . . . .. .. .. . .. ................ ..

SURVEYING SERVICES
2-Man Survey Crew (Prevailing Wage) ....................................................... .

CONSTRUCTION SERVICES
Senior Construction Inspector (Prevailing Wage) ........................................ .

Construction Inspector (Prevailing Wage) .......................................... ......... .

REIMBURSABLE COSTS
In-house Reproduction ................ ................................ .................... ......... .

Printing and Materials .................................................. ............................. .

Express Mail/Courier/Next Day Service ..................................................... .

Special Subconsultant Services ................................... ............................. .

HOURLY
RATE
$175.00
$165.00
$155.00
$145.00
$135.00
$125.00
$ 90.00
$ 85.00
$250.00
$350.00
$240.00
$120.00
$110.00
Cost
Cost+ 10%
Cost+ 10%
Cost+ 10%
Revised June 2022

0.-:,
• • • •
City of Needles, California
Request for Council Action
"'~ ~~ --------------------------- t2J CITY COUNCIL O Board of Public Utilities t2J Regular O Special Meeting Date: October 11, 2022
Title: Accept TKE Engineer's proposal for assistance with the preparation of an application for grant funding through Caltrans for the Highway Safety Improvement Program (HSIP) Cycle 11 and authorize the transfer of funds from reserves to the Engineering budget in FY 23 not to exceed $14,900.

Background:

Caltrans Highway Safety Improvement Program (HSIP) Cycle 11 Call-for-Projects was announced on Monday, May 9, 2022. The California local HSIP program funds local highway safety improvement projects. An HSIP application was submitted on September 12, 2022, for $448,100 for improvements recommended in the City's recent Local Roadway Safety Plan (LRSP).

The LRSP was prepared and developed in compliance with the State and Federal guidelines for eligibility to apply for funding of the HSIP. Improvements to the following roadways were recommended in the LRSP and included in the HSIP application: W Broadway St, N. K Street, Needles Hwy, National Old Trails Road, San Clemente Street, Lillyhill Drive, and N K Street.

The application requires preparation of checklists, diagrams, exhibits, and a comprehensive benefit cost analysis to be prepared by a Registered Engineer. TKE Engineering provided a proposal to complete the application requirements and engineering services for the HSIP Cycle 11 grant application.

Fiscal Impact: A total not to exceed $14,900 to assist with the preparation of a grant application to be funded by the transfer of funds from General Fund Reserves to the Engineering Budget. .~Pr
~ £. S(n Sylvia Miledi
Recommended Action: Accept TKE Engineer's proposal for assistance with the preparation of an application for grant funding through Caltrans for the HSIP Cycle 11 and authorize the transfer of funds from reserves to the Engineering budget in FY 23 not to exceed $14,900.

Submitted By: Kathy Raasch, Projects Manager
City Management Review: ~ ,t=k - Date: t:?f 4
Approved □ Not Approved: □ Tabled: □ Other: □
Agenda Item:
1 TKE ENGINEERIN G, INC .

August 29, 2022
Ms. Rainie Torrance
Assistant Utility Manager
City of Needles
817 Third Street
Needles CA 92363
Subject: Proposal to Provide Professional Engineering Services for the HSIP Cycle 11 Grant Application
Dear Ms. Torrance:

Thank you for the opportunity to submit a proposal to provide professional engineering services to assist the City of Needles (City) with the preparation of an application for grant funding through Caltrans for the Highway Safety Improvement Program (HSIP) Cycle 11. The City desires to retain a consultant to assist in completing the application engineer's checklist and HSIP Analyzer (i.e. benefit cost ratio calculation).

The City desires to include all project improvements identified in the Local Roadway Safety Plan (LRSP). More specifically, the project scope includes:
• High Collision Intersections
o Intersection 1: W. Broadway St. and J St.
o Intersection 2: W. Broadway St. and S L St.
o Intersection 3: W. Broadway St. and E St.
o Intersection 4: W. Broadway St. and Walnut St.
o Intersection 5: N. K St. and Needles Hwy.
• High Collision Roadway Segments
o Roadway Segment 1: Needles Hwy. (from T St. to Race St.) o Roadway Segment 2: National Old Trails Rd. (to Cactus Ct.) o Roadway Segment 3: San Clemente St. (from E. Broadway St. to Arizona Ave.)
o Roadway Segment 4: Lillyhill Dr. (from Casa Linda St. to Clary Dr.) The HSIP Cycle 11 grant application is due to Caltrans by Monday, September 12, 2022. Based on meetings with City staff, TKE anticipates preparing preliminary layouts for each intersection and roadway segment, updating collision diagram, updating- preliminary cost estimates, completing the benefit-cost analysis, and 2305 Chicago A v e - Ri v er s id e - CA - 92507
Ph. (9 51) 68 0 - 0440 - Fax (951) 680-0490
www.tkeengine e rin g . co m
Letter to Ms. Torrance August 29, 2022
HSIP Cycle 11 Grant Application Proposal Page 2 of 5
assisting with the grant application. Our proposed scope of services is described in more detail below:

SCOPE OF SERVICES
TKE's scope of services is presented in the following paragraphs:

Task 1. Meetings and Coordination
TKE will meet with the City weekly through the application period. In addition, TKE will coordinate information with he City via frequent email and phone communications throughout progress of the application.

Task 2. HSIP Application Preparation
A. Vicinity Map / Location Map
TKE will prepare a vicinity map that includes the City limits, major roadways, and highlight the location of the nine proposed HSIP project.

B. Project Layout Plan
TKE will prepare layout plans for each project area, using the LRSP preliminary conceptual plans as the basis of design. TKE will add the required information to the existing LRSP conceptual plans to meet HSIP guidelines. More specifically, TKE will add the rights of way and street centerline with dimensions, project and construction limits, and the "Influence Area" for each safety countermeasure.

Additionally, we will add the sheet north arrow and graphic scale.

C. Project Cross Sections
Based on our review of the LRSP, none of the nine proposed HSIP project include roadway excavation, cut/fill slopes, and changes to lane widths. As such, this section is not required.

D. Countermeasure Selection
The LRSP has identified the proposed countermeasures for each project area. TKE will review all countermeasures to ensure they are reasonable and appropriate. TKE will make any necessary adjustments to said countermeasures, as required.

Letter to Ms. Torrance
HSIP Cycle 11 Grant Application Proposal
E. Crash Data
August 29, 2022

Page 3 of 5 ends

The LRSP has identified the past 5-years of crash data (i.e. number of crashes) for the City using the University of California, Berkeley Transportation Injury Mapping System (TIMS). TKE will assist the City with extracting the relevant crash data for inclusion in the HSIP application.

F. Collision Diagrams
The LRSP includes collision diagrams for each project area. TKE anticipates reusing and repackaging these diagrams for the HSIP application.

G. Collision List
The LRSP has identified the past 5-years of collision data (i.e. type and severity of each crash) for the City using TIMS. TKE will assist the City with extracting the relevant collision data for inclusion in the HSIP application.

H. Detailed Engineer's Estimates (HSIP Analyzer Sections IV & V)
The LRSP includes cost estimates for each project area. TKE anticipates reviewing and updating the cost estimates for use in the HSIP application. Once complete, TKE will insert the required cost estimate information into the HSIP Analyzer for the benefit-cost analysis.

I. Benefit Calculation (HSIP Analyzer Sections III)
While the LRSP includes a benefit-cost analysis, it must be complete within the HSIP Analyzer for the application. As such, TKE will identify the relevant information in the LRSP, develop additional data (i.e. project schedule, roadway classifications, etc.) and complete the HSIP Analyzer. The results will be included in the grant application.

TKE will provide special QA/QC to ensure all data in the application form matches the data in the HSIP Analyzer.

Letter to Ms. Torrance August 29, 2022
HSIP Cycle 11 Grant Application Proposal Page 4 of 5
FEE
J. Warrant Studies
Based on our review of the LRSP, only Intersection 2: W. Broadway St. and S L St. will require a traffic warrant to justify the use of a new advanced warning flashing beacon. TKE's in-house traffic engineer will prepared the required traffic warrant for inclusion in the application.

K. Additional Narration and Documentation
TKE will assist the City with answering the narrative questions, documenting crash data, countermeasures, and costs, and review of the draft application prior to submittal.

Our budget to provide the services described is as follows:

De~j!;;rigtion Amoynt

1. Meetings and Coordination $ 1,510

2. HSIP Application Preparation
A. Vicinity Map $ 665
B. Project Layout Plan $ 2,490
C. Project Cross Sections $
D. Countermeasure Selection $ 983
E. Crash Data $ 988
F. Collision Diagrams $ 818
G. Collision List $ 1,153
H. Engineer's Estimates $ 1,580
I. Benefit Calculation $ 2,490
J. Warrant Studies $ 1,230
K. Additional Documentation $ 1,005
Total: $14,900
TKE's proposed project fee of $14,900 for the above scope, which includes approximately 106 man-hours. We will invoice the City monthly on a time and materials basis in accordance with our rate schedule. Our invoice will not exceed the amount presented above without prior approval.

SCHEDULE
TKE will commit the required resources to complete the grant application by the September 12 deadline.

Letter to Ms. Torrance
HSIP Cycle 11 Grant Application Proposal
August 29, 2022

Page 5 of 5 ends

Again, thank you for the opportunity to submit our proposal to provide professional engineering services for the City. If you have any questions, please contact me at (951) 680-0440.

Sincerely,
~ · L-«-'
Steven W. Ledbetter, P.E.

Vice President
TKE Engineering, Inc.

Attachments: Fee Estimate and Rate Schedule
1 2
'
.· Task
Meetings and Coordination
HSIP Application Preparation
A, Vicinity Map
B. Project Layout Plan
C. Project Cross Sections
D. Countermeasure Selection
E. Crash Data
F. Collision Diagrams
G. Collision List
H. Engineer's Estimates
I. Benefit Calculation
J. Warrant Studies
K. Additional Documentation
Rates:

Principal In Charge
Project Manager
Senior Engineer
Associate Engineer
Assistant Engineer
AutoCAD Technician
Engineering Technician
Clerical
Prin_c::ipal In
Charqe
Hours ~
2,0 $ 350
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -

1.0 $ 175
-
City of Needles
HSIP Cycle 11 Grant Application
Local Roadway Safety Plan Project
Fee Estimate
Project Senior . Associate
Mariaaer Encaineer ' En ineer -
Hours ~ ·. Hours $ Hours ~ .·
6,0 $ 990 $ - $ -

1.0 $ 165 $ - $ - 2,0 $ 330 $ - $ -
$ - $ - $ -
2,0 $ 330 $ - 4,5 $ 653

1.0 $ 165 $ - 4.5 $ 653

1.0 $ 165 $ - 4.5 $ 653
2,0 $ 330 $ - 4.5 $ 653

2.0 $ 330 $ - $ -

1.0 $ 165 6.0 $ 930 $ - 4,0 $ 660 $ - $ -
·.

Assistant AutoCAD . En ineer Technician Clerical Total
Hours ~· Hours ~ Hours ~
$ - $ - 2,0 $ 170 $ 1,510
$ - 4,0 $ 500 $ - $ 665
16,0 $ 2,160 $ - $ - $ 2,490
$ - $ - $ - $ - $ - $ - $ - $ 983
$ - $ - 2.0 $ 170 $ 988
$ - $ - $ - $ 818
$ - $ - 2,0 $ 170 $ 1,153
8,0 $ 1,080 $ - 2,0 $ 170 $ 1,580
16,0 $ 2,160 $ - $ - $ 2,490

1.0 $ 135 $ - $ - $ 1,230
$ - $ - 2.0 $ 170 $ 1,005
Totals: 3.0 $ 525 24.0 $ 3,960 6.0 $ 930 18.0 $ 2,610 41.0 $ 5,535 4.0 $ 500 10.0 $ 850 $ 14,910 $175 /HR
$165 /HR
$155 /HR
$145 /HR
$135 /HR
$125 /HR
$ 90 /HR
$ 85 /HR
Rounded Total: $ 14,900
TKE Engineering, Inc.

ENGINEERING INC.

RATE SCHEDULE
2022 - 2023
Principal in Charge ...................... ............................................................. .

Project Manager/Construction Manager/Licensed Surveyor ........................ .

Senior Engineer/Project Engineer (PE)/Senior Plan Checker ....................... .

Assistant Project Manager/Associate Engineer .............. ............................. .

Assistant Engineer/Plan Checker/Designer ................................................. .

AutoCAD Technician .................................................... .................... ......... .

Engineering Technician .......................... ...................... ............................. .

Clerical ........ ....................................... ................................................... .

Forensic Engineering ......... .................................................... ................... .

Expert Witness Testimony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... ................... .

SURVEYING SERVICES
2-Man Survey Crew (Prevailing Wage) .......................... .................... ......... .

CONSTRUCTION SERVICES
Senior Construction Inspector (Prevailing Wage) ........................................ .

Construction Inspector (Prevailing Wage) ................................ ................... .

REIMBURSABLE COSTS
In-house Reproduction ...... ....................................................................... .

Printing and Materials .................. .................................................... ......... .

Express Mail/Courier/Next Day Service ........................ ............................. .

Special Subconsultant Services ................................................................ .

HOURLY
RATE
$175.00
$165.00
$155.00
$145.00
$135.00
$125.00
$ 90.00
$ 85.00
$250.00
$350.00
$240.00
$120.00
$110.00
Cost
Cost+ 10%
Cost+ 10%
Cost+ 10%
Revised June 2022
City of Needles, California
a Request for Council Action
..., --------------------------- C8J CITY COUNCIL □ Board of Public Utilities [gj Regular □ Special Meeting Date: October 11 , 2022
Title: Accept a portion of the bid from Pacific Tide Construction, Inc. in the amount of $128,650.61 to perform the Purchase and Installation of Shade Structures Over Spectator Seating at Franz Flowers, Nikki Bunch and Duke Watkins Ball Parks project.

Background: On Feb. 16, 2022, the City accepted a grant from the California Department of Parks and Recreation, 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Grant in the amount of $3,965,400 for the Duke Watkins Park Improvements which has a broad scope of work including the installation of new shade structures at the Pete Rodriquez II Memorial Filed.

Upon consideration of providing shade structures at the Duke Watkins Park, the Needles Unified School District voiced an interest in participating in a joint project with the City to include shade structures at Franz Flowers Ball Park and Nikki Bunch Ball Park.

In an effort to obtain competitive bids, the City bundled a project of 7 Structures to let out to bid.

The project consisted of 2 Structures at Franz Flowers, 3 structures at Nikki Bunch and 2 structures at the Pete Rodriquez Ill Memorial Field (Duke Watkins Park).

On Sept. 14, 2022, the Purchase and Installation of Shade Structures Over Spectator Seating at Franz Flowers, Nikki Bunch and Duke Watkins Ball Parks project was placed out to bid with a bid opening date of September 28, 2022. The City received Five (5) bids for the project with the three lowest bids as follows:

Pacific Tide Construction, Inc.

Three Peaks Corporation
Ortco, Inc.
$174,605.31
$225,047.00
$229,967.00
After evaluating the bids and available funding for the School District portion, it was determined to reduce the project scope to the purchase and installation of structures at Nikki Bunch and Duke Watkins fields.

Fiscal Impact: A total not to exceed $51,529.48 for the of Shade Structures at Duke Watkins Ball Parks is to be funded by the California Department of Parks and Recreation, 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Grant with interim funding to be from General Fund Reserves. A total not to exceed $77,121.13 for the of Shade Structures at Nikki Bunch will be reimbursed by the Needles Unified School District by execution of a Cooperative Funding Agreement. ..&11 Sylvia Miledi Recommended Action: Accept a portion of the bid from Pacific Tide Construction, Inc. in the amount of $128,650.61 to complete the Purchase and Installation of Shade Structures Over Spectator Seating for Nikki Bunch and Duke Watkins Ball Parks project and authorize staff to City of Needles, California
Request for Council Action
execute a Cooperative Funding Agreement with the Needles Unified School District in the amount of $77,121.13 for reimbursement of 3 structures to be installed at Nikki Bunch ball field.

Submitted By: Kathy ~ ? ejects Manager
City Management Review: t='" \ ~ Date:

Approved □ Not Approved: □ Tabled: □ Other □
Agenda Item:
2 City of Needles

SEALED BID OPENING
Purchase & Installation of Shade Structures Over Spectator PROJECT NAME: Seating at Franz Flowers, Nikki Bunch & Duke Watkins Ball Parks DATE:
z ~ ~
Q :;; w
~ :::, 0 ~
BIDDER cc 0 z u
::i in 0 u:
"' ;:: u 0 Q 0: 0: w 0 - w 0 " "' 0 U
1 Pacific Play Systems
TOTAL
2 Pacific Tide Construction
TOTAL
3 Three Peaks Corp
TOTAL
4 USA Shade & Fabric Structures
TOTAL
Last Updated: 7/12/2022 9:59:12 AM
09/28/2022

TOTAL BID
$ 0.00
$ 0.00
$ 0.00
$ 0.00
City of Needles

SEALED BID OPENING
PROJECT NAME: ________________ DATE: 09/28/2022
z V, V,
Q 2 w
~ 5 D 5 BIDDER z TOTAL BID ::i iii 0 g;
U D "' D a: be w D
D « al ci t'J
5 Ortco Inc.

TOTAL $ 0.00
Present at Opening:
---=~~~~-e"""s~.- c. i' ~ C /-u-K
-~w;;,~1---------!i_µ,ab!/,r.,,;;sl-=cJ~'- fr o_jM+i rY7a11&,q_,,w-- _ _µ;i~UL~,,,£.J,1!.!,m.!J;u<'l!...':~ ~jre;~~,M '.eels;[[_ ' ~ Recorded~: rrlJ {fc aSJb.

Last Updated: 7/12/2022 9:59:12 AM
~ CITY COUNCIL O NPUA
Meeting Date: October 11 , 2022
City of Needles, California
Request for City Council Action
D Regular D Special
Title: Golf Course Annual Seed Purchase .. Background: Budget for the annual seed purchase for Rivers Edge Golf Course is $75,000. Seed purchase is well under budget to account for NEW spraying program to keep golf course green during the winter months .
. Fiscal Impact: Move to approve the budgeted line item for Annual Seed Purchase Recommendation: Move to approve the Annual Seed Purchase from Simplot Turf & Horticulture Las Vegas in the amount of $22,412.00
Submitted By: JJ De~ Rivers Edge Golf Course Director of Golf City Management Review: ) 2 ,oiL - Date: (C> I "5 /;i,z. · Approved □ Not Approved Tabled: □ Other □
Agenda Item: _io__:____o"'----

Page 1 of 1 ends

Simplot Turf & Horticulture Las Vegas
3555 W Reno Ave Suite K
Las Vegas NV 89118
(702) 649-1551 Fax: (702) 649-9273
Bill To: CITY OF NEEDLES

ACCOUNTS PAYABLE
817 THIRD ST
NEEDLES, CA 92363
Ship To: CITY OF NEEDLES

ACCOUNTS PAYABLE
817 THIRD ST
NEEDLES, CA 92363
Quantity Description
4000.000 Lbs + VIP SUPREME [50LB]
2000.000 Lbs + POA TRIVIALIS VNS [50LB]
Total Invoice Weight= 6000.000 Lbs
CITY OF NEEDLES County Permit# 96177 12/31/2023
Pesticide# ROGER MILLER 96177 Exp. Date 12/31/2023
Shipping Via.

Invoice
09/02/2022
210038167
Invoice Date
Due Date 09/25/2022 Net 30days 25th prox
Customer ID 97159
Salesperson JironD
Shipping Loe. 1416
Unit Price Total$

2.45 /Lbs 9,800.00 Book

5.50 /Lbs 11,000.00 Book
Sub Total
Sales Tax
Amount Due
20,800.00
1,612.00
22,412.00
(+Denotes taxable items)
Remit To: Simplot Turf & Horticulture
PO Box 841136
Los Angeles CA 90084-1136
Phone#: (702) 649-1551
Invoice 210038167
City of Needles, California
Request for Council Action
iZ] CITY COUNCIL □ Board of Public Utilities IZ] Regular □ Special Meeting Date: October 11, 2022
Title: Authorize a one-time transfer of $200,000 into the General Fund Road Infrastructure account and allocate $4,400 to the Women's Club of Needles to be funded by the City's Coronavirus State and Local Fiscal Recovery Funds (SLFRF) allocation Background: The City is able to utilize there allocation of Coronavirus State and Local Fiscal Recovery Funds (SLFRF) to:
• Revenue replacement for the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency, relative to revenues collected in the most recent fiscal year prior to the emergency, • COVID-19 expenditures or negative economic impacts of COVID-19, including assistance to small businesses, households, and hard-hit industries, and economic recovery,
• Premium pay for essential workers,
• Investments in water, sewer, and broadband infrastructure.

Here are some common examples, although this list is not exhaustive:
✓ Construction of schools and hospitals
✓ Road building and maintenance, and other infrastructure ✓ Health services
✓ General government administration, staff, and administrative facilities ✓ Environmental remediation
✓ Provision of police, fire, and other public safety services (including purchase of fire trucks and police vehicles) Government services is the most flexible eligible use category under the SLFRF program, and funds are subject to streamlined reporting and compliance requirements. Recipients should be mindful that certain restrictions, which are detailed further in the Restrictions on Use section and apply to all uses of funds, apply to government services as well.

Staff is recommending a one-time transfer of $200,000 from the City's Coronavirus State and Local Fiscal Recovery Funds (SLFRF) allocation to put into the City's Road infrastructure account to support building and maintenance.

In addition, the Women's Club has received $4,400 as a local non-profit organization that was impacted by COVID-19 and needed assistance with HVAC unit repairs. The Women's Club was shut down for two years and unable to hold funding events to raise monies.
1 City of Needles, California
Request for Council Action
Fiscal Impact: The City has utilized the second allocation of $595,182 for the following uses;
1) $127,362 Loss Transient Occupancy Tax
2) $17,042 Loss sales tax
3) $2,500 Legacy Foundation
4) $2,500 San Bernardino County Sheriff's Dept. Non-Profit 5) $7,302.25 City of Needles, COVID supplies & materials, not reimbursed by FEMA 6) $8,708.99 City of Needles, COVID supplies & materials, not reimbursed by FEMA 7) $4,400 Women's Club of Needles (if approved)
8) $9,000 Local Agency Technical Assistance (LATA) Broadband Grant writing (if approved)
The SLFRF has a balance of $416,366 available for use. If approved the remaining balance for the City to utilize will be $216,366.

Sylvia Miledi
Recommended Action: Authorize a one-time transfer of $200,000 into the General Fund Road Infrastructure account and allocate $4,400 to the Women's Club of Needles to be funded by the City's Coronavirus State and Local Fiscal Recovery Funds (SLFRF) allocation
Submitted By: Rainie Torrance, Assistant Utility Manager City Management Review+ ,cJL ..= Date:

Approved □ Not Approved: □ Tabled □ Other: □
Agenda Item: J\
2 City of Needles, California
Request for City Council Action
IZ] CITY COUNCIL □ NPUA [gl Regular D Special
Meeting Date:

Title:

October 11, 2022
City Council Resolution No. 2022-62
Approving an Amendment to the Use Permit between the City of Needles and County of San Bernardino for the City-owned property located at 1111 Bailey Avenue
Background: On February 12, 2013, the City approved a month-to-month Use Permit between the City of Needles and County of San Bernardino for the city-owned property located at 1111 Bailey Avenue for the San Bernardino County Sheriff's Department facilities (see attached Exhibit "A).

Last October, the City was notified by the San Bernardino County's Real Estate Services Department with their interest to expand the area that is currently occupied by the San Bernardino County Sheriff's Department and complete tenant improvements with funds approved by the San Bernardino County Board of Supervisors. The current Use Permit allows for a workout room and sleeping rooms to be used by sheriff/coroner safety personnel.

City staff has negotiated with the County's Real Estate Services Department to draft up an amendment to the existing Use Permit which would allow for an expansion to include a locker room, captains office, lieutenants' office, multipurpose room, lactation/bunk room, administrative office, conference room, supply and storage rooms, and bathrooms (see attached Exhibit "B").

The following terms are presented in the amendment:
• The "Use Permit" will allow for the Colorado River Station of the Sheriff/Coroner office to expand 2,045 square feet to a "Use Area" that will total 3,684 square feet. • The "Use Area" shall only be used for the Colorado River Station of the Sheriff/Coroner office and related business/administrative offices
• The term will be extended three (3) years (February 11 , 2014 through October 24, 2025) • A rent of $4,052.00 monthly or a total contract amount of $145,872. • Possible intent to purchase would be reviewed and approved by the City Council. In the event the County purchases the Use Permit would terminate.

Fiscal Impact: $48,624 in annual rent or total contract amount of $145,872. The County will remain to be responsible for the utility services including water, sewer, trash, and electricity (city share the cost of electricity only to the extent 5% to offset the limited electricity used by us in the City Council chambers).

Sylvia Miledi - -~~~----
Recommended Action: Approve City Council Resolution No. 2022-62 Approving an Amendment to Resolution No. 2013-5 Amending the Use Permit between the City of Needles and County of San Bernardino for the City-owned property located at 1111 Bailey Avenue Submitted By: , Assistant City Manager/Development Services Date:

Tabled □
A enda Item:

RESOLUTION 2022-62

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEEDLES

APPROVING AN AMENDMENT TO THE USE PERMIT BETWEEN THE CITY OF

NEEDLES AND COUNTY OF SAN BERNARDINO FOR THE CITY-OWNED PROPERTY LOCATED AT 1111 BAILEY AVENUE
WHEREAS, on February 12, 2013, the City Council approved Resolution No. 2013-5 which formalized a month-to-month Use Permit between the City of Needles and County of San Bernardino for a portion of the city-owned property located at 1111 Bailey Avenue;and
WHEREAS, on October 28, 2021, the San Bernardino County's Real Estate Services Department contacted the City with interest to expand the area that is currently occupied by the San Bernardino County Sheriff's Department utilizing funds that have been approved by the San Bernardino County Board of Supervisors to complete tenant improvements; and
WHEREAS, the current Use Permit allows for a workout room and sleeping rooms to be used by sheriff/coroner safety personnel; and WHEREAS, specific terms of the amendment to the Use Permit between the City and County are identified on Exhibit "A", attached.

NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the City of Needles, California, hereby approves the amendment to the San Bernardino County Use Permit with the San Bernardino County Real Estate Services Department for a portion of the City-owned property located at 1111 Bailey Avenue as identified on Exhibit "A", attached.

SECTION 1. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts do exist to approve RESOLUTION 2022-62.

SECTION 2. The CITY COUNCIL HEREBY APPROVES Resolution 2022-62, Approving an Amendment to the Use Permit between the City of Needles and County of San Bernardino for a portion of the City-owned property located at 1111 Bailey Avenue.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Needles, California, held on the 11 th day of October 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor
(Seal) Attest:

City Clerk
Approved as to form:

City Attorney
1 THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Contract Number
14-47 A-1
SAP Number
Real Estate Services Department
Department Contract Representative
Telephone Number
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
GRC/PROJ/JOB No.

Internal Order No.

Terry W. Thompson, Director
(909) 387-5000
City of Needles
Rick Daniels- City Manager
(760) 408-4250
Three years commencing October
25, 2022 through October 24, 2025
$0.00
$145,872.00
$145,872.00
4430001000
33003047
Briefly describe the general nature of the contract: This Use Permit amendment is for three years for the period of October 25, 2022 through October 24th • 2025, to correct the size of the existing use area located at 1111 Bailey Avenue, Building C Needles, California, from 2,031 square feet to 1,639 square feet, expand the existing use area by 2,045 square feet for a total of 3,684 square feet, convert the month-tomonth term to a three-year fixed term, adjust the rental rate schedule from a no-fee to a monthly rental amount and expand maintenance obligation to be performed by the County. The County will pay the City of Needles monthly rent in the amount of $4,052 during the term of the Use Permit.

FOR DISTRICT USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department ► Please see signature page. Agnes Cheng, Deputy County Counsel ► ►
Lyle Ballard, Real Property Manager, RESD
Date _ _ ___ ___ _ _ _ Date _ _ _ _____ _ _ _ Date _ _ ___ _____ _ Non-Standard Contract Coversheet Revised 3/14/19

FIRST AMENDMENT TO USE PERMIT
This First Amendment ("First Amendment") to the Use Permit ("Use Permit") is entered into between the City of Needles ("City") and San Bernardino County ("County") effective as of the 25th day of October, 2022 ("First Amendment Effective Date").

USE PERMIT: The City and the County entered into that certain Use Permit dated February 11, 2014 allowing the County to use a ce1iain p01iion of the City owned building !mown as Building "C" ("Building") located at 1111 Bailey Avenue ("Prope1iy") in the City ofNeedles, as more specifically described in the Use Permit. The parties now desire to correct the square footage of use area and clarify the permitted use, as more specifically set for the in this First Amendment.

FIRST AMENDMENT: The City and the County agiee to amend the Use Pe1mit as follows:

A. SECTION I OF THE USE PERMIT AND EXHIBIT "A" ARE DELETED IN ITS ENTIRETY AND SECTION I IS AMENDED TO READ AS FOLLOWS AND EXHIBIT "A" IS AMENDED AS A TT ACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. "1. PARTIES: The City of Needles, hereinafter referred to as CITY, hereby permits San Bernardino County, whose address is 385 N Arrowhead Avenue, San Bernardino, California, 92415-0180, hereinafter referred to as COUNTJ: to use a portion of the CITY-owned building located at 1111 Bailey Avenue, Building "C" in the City of Needles ("Property"), comprising approximately 3,684 square feet of office space ("Use Area") as the Use Area is more particularly shown on Exhibit "A " attached hereto and made a part hereof by this reference. " B. SECTION 2 OF THE USE PERMIT IS DELETED IN ITS ENTIRETY AND AMENDED TO READ AS FOLLOWS:

2. USE. The County may use the Use Area for the following purposes: The Colorado River Station of the SherrifflCoroner office, related business/administrative offices and any other activities related to the conduct of SherifflCoroner business . No other uses are permissible.

C. SECTION 3 OF THE USE PERMIT IS DELETED IN ITS ENTIRETY AND AMENDED TO READ AS FOLLOWS:

3. TERM: 17iis Use Permit is entered into for a term of three (3) years commencing on the Effective Date and expiring on midnight of the anniversary of the Effective Date unless earlier terminated in accordance with the terms o,f this Use Permit.
2 D. SECTION 4 OF THE USE PERMIT IS DELETED IN ITS ENTIRETY AND AMENDED TO READ AS FOLLOWS:

4. RENT AND MAINTENANCE: Commencing the Effective Date, County shall pay rent in the sum of one dollar and ten cents per square foot which is agreed to be the sum of $4,052.00 which is payable to the City on or before the first day of each month in advance. Any partial month's rent shall be prorated based on a thirty day month. County shall regularly maintain the heating and ventilating system sen1icing said Building. Such maintenance shall include, but not be limited to, filters, electrical or mechanical repairs, and Freon gas replacement due to leaks. COUNTY shall provide any unit replacement including, but not limited to, condenser coils, motors and full unit replacement. Except for any obligations of City, County shall maintain and repair the Use Area at all times in as good a condition as existed on the initial commencement date of this Use Permit, including the plumbing, electrical, mechanical, windows, interior walls improvements and furnishings that are part of the Use Area, ordinary wear and tear excluded.

E. SECTION ] I.A OF THE USE PERMIT rs STRICKEN AND OF NO FURTHER FORCE OR EFFECT.

F. A NEW SECTION 25 rs HEREBY ADDED AS FOLLOWS:
"25. ALTERATIONS. County may make such structural and non-structural alterations, improvements, and additions to the Use Area (the "Subsequent Improvements''), provided that it first obtains City's written consent which consent may be given or withheld in the sole and absolute discretion of the City. Before commencing any alterations, additions, or improvements, County shall notify City in writing at least ten (I 0) days prior to the expected commencement and completion dates of the work. County shall not permit any mechanics' or materialmen 's liens to be levied against the Use Area or stop notices to be filed for any labor or material furnished to County or to its agents, employees, or contractors; provided, however, that County shall not be required to pay or otherwise satisfy any claims or discharge such liens so long as County, in good faith and at its own expense, contests the same or the validity thereof by appropriate proceedings and posts a bond or takes other steps reasonably acceptable to City that remove such lien or stay enforcement thereof within thirty (30) days after County obtains knowledge of or receives notice ji-om City of the existence of such liens. County shall require its contractors and subcontractors who make improvements to the Use to maintain liability and workers compensation insurance in amounts required of other public works contractors and provide proof of the same to City showing City named as Additional Insured. "
G. A NEW SECTION 26 IS HEREBY ADDED TO READ AS FOLLOWS:
"26. POSSIBLE INTREST TO PURCHASE. In the event the County wishes to make an offer to City to purchase the Property (without any obligation to do so), the City will review any such offer and shall have the right to negotiate, counter, accept or reject the same in its sole and absolute discretion. For the sake of clarity this section indicates the possible interest of the parties only and does and shall not create any legal obligation 3 on the part of either City or County. City and County understand and agree that it would not be reasonable to rely on this Section 26 in any manner whatsoever. Only in the event that the City and County both approve and execute a mutually acceptable real estate purchase and sale agreement would a legally binding agreement in this regard be formed. In the event that County purchases the real property, this Agreement shall automatically terminate and be of no further force or effect.

Except as specifically amended by this First Amendment, the Use Permit shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date set forth below.

City of Needles, a California Charter City
I ' / •, .•.

By ________ ._· ----
Rick Daniels,
City Manager
ATTEST:

City of Needles, a California Charter City
By _______ _____ _
Dale Jones, City Clerk
Date:

APPROVED TO FORM:

SLOVAK BARON & EMPEY, LLP
By _____ _______ _
John 0. Pinkney, Esq.

City Attorney
Revised 5/12/21

Page 3 of 5 ends

San Bernardino County
By ______ _ ____ _
Name: _ Curt Hagmal).l~__,,,.,.._ _____ _
Title: Chairman of tlie B_oard of Supervisors
ATTEST:

San Bernardino County
By _ _ _______ ___ _
County Clerk
Date:

APPROVED TO FORM::

TOM BUNTON, County Counsel
San Bernardino County
By ___ --1,L- -+-\----- -
Agnes Cheng, De y County Counsel
Date: 9/26/2022
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City of Needles, California
Request for City Council Action
[8J CITY COUNCIL O NPUA O RDA [8J Regular D Special
Meeting Date: February 12, 2013
Title: Resolution No. 2013-5 approving, with condition, a month-to-month Use Permit between the City of Needles and County of San Bernardino for the City-owned property located at 1111 Bailey Avenue
Background: As noted in the resolution, the county, through the sheriff's department, has had control and possession of the "old city hall" since December 2000 when the city entered into a settlement agreement relating to booking fees. Since the termination of the month-to-month rental agreement back in September 2009, there has been no formal document outlining the county's use of this city-owned property. The attached Use Agreement allows for a workout room with equipment supplied by the sheriff/coroner and for sleeping rooms to be used by sheriff/coroner safety personnel only and provides for a 30 day termination by either party.

Over the years, there has been, among other things, ceiling tiles removed and not replaced, damage done to the ceiling in the front office area, and hydraulic door closers that have been taken and not replaced. City Council approval of this Use Permit is conditioned upon the county restoring our building to its original condition within 30 days (March 13, 2013).

The Use Agreement has been reviewed and approved by City Attorney John Pinkney.

Fiscal Impact: No direct fiscal impact, however, county will be responsible for utility services including water, sewer, trash and electric with the city sharing the cost of electricity only to the extent of 5% (to offset the limited electricity used by us in the city council chambers).

Environmental Impact:

Recommended Action:

Submitted By:

N/A
Motion to: Waive the reading and adopt Resolution No. 2013-5 approving, with condition, a month-to-month Use Permit between the City of Needles and County of San Bernardino for the Cityowned property located at 1111 Bailey Avenue.

Cheryl Sallis
Approved: □ Not Approved: □ Tabled: Other:

Agenda Item: __ \~D __ _

Page 1 of 1 ends

RESOLUTION NO. 2013-5

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF NEEDLES, CALIFORNIA, APPROVING, WITH

CONDITION, A MONTH-TO-MONTH USE PERMIT BETWEEN THE

CITY OF NEEDLES AND COUNTY OF SAN BERNARDINO FOR THE
CITY-OWNED PROPERTY LOCATED AT 1111 BAILEY A VENUE
WHEREAS, in December 2000, the City ofN eedles and County of San Bernardino entered into a Settlement Agreement relating to Criminal Justice Administrative Fees ("booking fees") whereby the County leased from the City, rent free for seven years, 4,800 square feet of th.e building at the Needles Civic Center located at 1111 Bailey Avenue; and WHEREAS, as of December 2007, the City had met its obligation under the terms of the Settlement Agreement; and
WHEREAS, the County's Real Estate Services Department requested to continue lease of the building and since the City's obligations terminated under the Settlement Agreement in December 2007 and the County had continued possession and control of the property since that time, the City Council agreed with a month-to-month rental agreement retroactive to May 1, 2008;and
WHEREAS, the County's Real Estate Services Department gave a sixty day notice of · termination_ofthe lease on July 20, 2009, thereby terminating as of September 29, 2009; and WHEREAS, the County of San Bernardino through the San Bernardino County Sheriff's Department has continued to occupy and use the property on a continuous and uninterrupted basis since December 2000; and
WHEREAS, City and County desire to formalize the county's continued use of the cityowned property and have prepared a Use Permit for City Council consideration.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Needles, California, hereby approves a Month-to-Month Use Permit between the City ofNeedles and County of San Bernardino for the City-owned property located at 1111 Bailey A venue, subject to the following condition:
1) Approval of the Use Permit shall be conditioned upon and not become effective until the City-owned property is restored to its original condition, including but not limited to replacement of all missing/damaged ceiling tiles with like-kind and hydraulic door closers throughout the premises, said restoration to be within thirty (3 0) days to the satisfaction of the city manager or his designee. Further County shall ensure that all Cityowned property within the premises, including but not limited to those mentioned herein, shall remain on-site hereafter and the property as a whole shall be maintained in good condition and repair as per the terms of the Use Permit. resolution re county mo-to-mo use permit - old city hall (Feb '13)/cks RESOLUTION NO. 2013-5
(Page Two)
BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to sign said Month-to-Month Use Permit for and on behalf of the City of Needles once the above condition has been met.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Needles, California, held on the 12th day of February, 2013, by the following roll call vote:

A YES: COUNCILMEMBERS KIDD, FRAZIER, CAMPBELL, DARCY AND GUDMUNDSON NOES: NONE
ABSENT: COUNCILMEMBER LOPEZ
ABSTAIN: NONE
Mayor
(SEAL)
APPROVED AS TO FORM:
resolution re county mo-to-mo use permit - old city hall (Feb '13)/cks

CITY OF NEEDLES
. 817 Third Street
(760) 326-2113
• Needles, California 92363
• C" FAX (760) 326-6765

CERTIFICATION
I, Dale Jones, City Clerk of the City of Needles, California, do hereby certify that the foregoing is a true and correct copy of Resolution Number 2013-5
Dale Jones, CMC ( )
City Clerk ~
(SEAL)
Date: February 14, 2013
Mayor Edward Paget, MD.

Vice Mayor Terry Campbell
Councilmember Tony Frazier
Councilmember Jim Lopez
Councilmember Shawn Gudmundson
Councilmember Linda J, Kidd
Councilmember Tom Darcy
City Manager David G. Brownlee
REAt ESiATE SERVICES DEPARTMENT ~ ' \ ' COUNTY OF SAN BERNARDINO 385 North Arrowhead Avenue, Third Floor• San Bernardino, CA 92415-0180 (909) 387-5252 • Fax (909) 387-5353
February 27, 2014
City of Needles
817 Third Street
Needles, CA. 92363
Attn: Cheryl K. Sallis
David H. SI aughter
Director
Re: · Needles-Sheriff-1111 Bailey Ave. Bldg. C
Use Permit Agreement No. 14-47
Enclosed is an approved copy of the Use Permit agreement on the above-referenced property for your file.

Thank you for your cooperation in negotiating this Use Permit agreement. If you have any questions, please call me at (909) 387-5118.

Sincerely,
Keith
~~ Burke
Real Property Agent
KB:mv
Enclosure RECEIVED
SL-02
MAR - 3 2014

CITY OF NEEDLES
Board of Supervisors
GREGORY C. DEVEREAUX
Chief Executive Officer
ROBERT A. LOVINGOOD ........... First District JAMES RAMOS .................. Third District JANICE RUTHERFORD, Chair ..... Seccnd District GARY C. OVITT, Vice Chair ....... Fourth District JOSIE GONZALES ................. Fifth District
FOR COUNTY USE ONLY OR IGtNAL
IX Ne.w Vendor Code SC Deot.
/j cq•c4mber ~ Chanae RNT I - 'l "°"'°' County Department Dept. 0rgn. Contractor's License No.

Real Estate Services Department RNT RNT
County Department Contract Representative Telephone Total Contract Amount David H. Slauqhter, Director (909) 387-7813 $0.00 County of San Bernardino FAS 0 Revenue D Encumbered
Contract Type
D Unencumbered GJ Other: Use Pennit~No Cost
CONTRACT TRANSMITTAL If not encumbered or revenue contract type, provide reason:

Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 96164 8/1/2012 Monthly $0.00 $
Fund Dept. Organization Appr. Obj/Rev Source GRC/PR0J/JOB No. Amount

AAA RNT RNT
'
200 8905
' 33003047 $0.00
Fund Dept. Organization Appr. Obj/Rev Source GRC/PR0J/J0B No. Amount $
Fund Dept. Organization Appr. Obj/Rev Source . GRC/PR0J/J0B No. Amount ' ' $
Project Name Estimated Payment Total by Fiscal Year
Needles-Sheriff/Coroner- FY Amount 1/0 FY Amount 1/D
1111 Bailey Ave-Bldg C-City - - of Needles - - - -
CONTRACTOR City of Needles
Federal ID No. or Social Security No. 95-6000750 --------------------------------- Contractor's Representative · Cheryl K. Sallis -======------------------------------ Address 817 Third Street, Needles, CA. 92363 Phone (760) 326-2113 Ext. 3 Nature of Contract:

This Use Permit is for the use of a total of 2,031 square feet of office space located within the City-owned building located at 1111 Bailey Ave. Building "C" for use as a County of San Bernardino Sheriffs Department employee workout room (1,570 square feet) and sleeping rooms (461 square feet). The term of this Use Permit is a month-tomonth occupancy. There is no fee for this use.

Approved as to Legal Form (sign In blue Ink)
► PLEASE SEE SIGNATURE PAGE
County Counsel
Date ____________ _
Auditor/Controller-Recorder Use Onlv
□ Contract Database □ FAS
Input Date Keyed By
Reviewed as to Contract Compliance
►
Date ____________ _
Revised 1/13/2009

USE PERMIT

1. PARTIES: The City of Needles, hereinafter referred to as CITY, hereby permits the County of San Bernardino, whose address is 385 N. Arrowhead Avenue, San Bernardino, California, 92415-0180, hereinafter referred to as COUNTY, to use a portion of the CITY-owned building located at 1111 Bailey Avenue, Building "C" in the City of Needles ("Use Area") as shown on Exhibit "A" attached hereto.

2. USE: COUNTY may use the Use Area for only the following purposes: As a workout room with equipment supplied by the Sherif£'Coroner for use by Sherif£'Coroner personnel assigned to the Colorado River Station and as sleeping rooms to be used by Sherif£'Coroner safety personnel only. COUNTY must not use the Use Area for any other purpose.

COUNTY acknowledges that the workout room and equipment are also used by other individuals in addition to Sherif£'Coroner personnel assigned to the Colorado River Station, such use being with COUNTY'S permission and authorization ("COUNTY'S guests"), and COUNTY hereby agrees that any loss, damage, and/or injury to any property or person of COUNTY or COUNTY'S guests shall be at the sole cost, expense, and responsibility of COUNTY.

COUNTY further acknowledges that CITY officials and personnel currently have, and will continue to have, unrestricted access to the Use Area for the conduct of CITY business including, but not limited to, access to the vault located within the Use Area and conference room.

3. TERM: COUNTY is in possession and control of the Use Area at the present time and has been so since December 12, 2000 pursuant to a Booking Fee Settlement Agreement dated December 12, 2000. The object of this Use Permit is to provide and formalize continuing rights of COUNTY with respect to the Use Area. Acknowledging COUNTY'S continued use, this Use Permit is entered into on a month-to-month basis until terminated by either party as provided herein.

4. CONDITIONS: There is no fee for this use. However, as a condition to COUNTY's permission for and access to the Use Area, COUNTY shall regularly maintain the CITY-owned heating and ventilating system servicing said building. Such maintenance shall include, but not be limited to, filters, electrical or mechanical repairs, and Freon replacement due to leaks. CITY shall provide any unit replacement including, but not limited to, condenser coils, motors and full unit replacement. However, if CITY, at its sole discretion, determines that replacement costs for the system is not desirable, economical or practicable, then CITY may terminate tlris lease as provided herein.

5. UTILITIES: COUNTY shall apply for and obtain utility services including water, sewer, trash, and electric for the entire CITY-owned property of which the Use Area is a part.

Billing for such utility services shall be placed in the name of and billed to COUNTY. To offset the limited electricity used by CITY in the City Council Chambers, CITY shall share in the cost of electricity to the extent of five percent (5%) of the billed amount for such electric service. CITY, as owner of the electric utility system, shall credit on the COUNTY'S monthly bill five percent (5%) of the cost of actual electric usage. CITY shall not be responsible for late charges, restoration charges or any charges other than actual electrical usage for these premises only. 1 ,

6. INSURANCE AND INDEMNIFICATION:

A. The COUNTY agrees to defend, indemnify and hold CITY and, its officers, elected and appointed officials, employees, agents and volunteers hannless from any and all claims (whether valid or not), damages, liabilities, and causes of action for injury to persons and damage to property or in any way arising out of COUNTY'S use of the Use Area, including, but not limited to, any negligent act or omission of the COUNTY, its officers, employees, agents or volunteers.

B. · The CITY agrees to indemnify and hold hannless the COUNTY, and its officers, employees, agents and volunteers from any and all claims (whether valid or not), damages, liabilities, and causes of action for injury to persons and damage to property arising out of the sole negligence of the CITY, its officers, employees, agents, or volunteers in connection with this Use Permit.

C. In the event the CITY and/or the COUNTY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Use Permit, the CITY and/or COUNTY shall indemnify the other to the extent of its comparative fault.

D. Furthermore, if the CITY or COUNTY attempts to seek recovery from the other party for Workers Compensation benefits paid to an employee, the CITY and COUNTY agree that any alleged negligence of the employee shall not be construed against the employer of that employee.

E. The COUNTY's indemnification obligation shall survive this Use Permit for twenty five (25) months after this Permit terminates.

F. CITY and COUNTY are self-insured public entities for purposes of professional liability, general liability and workers' compensation.

The insurance provisions in this paragraph shall not be interpreted in a manner that limits the indemnification obligation.

7. DAMAGE PROVISIONS: COUNTY must repair any portion of the Use Area and/or Use Area improvements damaged by COUNTY, its employees, agents or invitees.

8. RETURN OF PREMISES: COUNTY agrees that it will, upon any termination of this Use Agreement, return the premises in good condition and repair, reasonable wear and tear excepted.

9. ATTORNEY'S FEES AND COSTS: If any legal action is instituted to enforce, interpret, or declare any party's rights hereunder, each party, regardless of which party is the prevailing party, must bear its own costs and attorneys' fees. This paragraph will not apply to those costs and attorneys' fees directly arising from any third party legal action against a party hereto and payable to the CITY or COUNTY under Paragraph 6, INSURANCE AND INDEMNIFICATION and Paragraph 17, RELEASE OF INFORMATION.
2 10. CONDUCT OF EMPLOYEES: COUNTY is responsible for the conduct of its employees, volunteers, agents, members and invitees in the Use Area and the entire property of which the Use Area is part, provided the presence of such persons on the Use Area or the entire property of which the Use Area is part is related to COUNTY's use of the Use Area under this Permit.

11. TERMINATION:

A. The CITY or the COUNTY shall have the right to terminate this Use Permit at any time whenever either party, in its sole discretion, determines it would be in its best interests to terminate this Use Permit. Either party shall give the other party notice of any termination pursuant to this paragraph at least thirty (30) days prior to the date of termination.

The COUNTY'S Director of the Real Estate Services Department (RESD) is authorized to deliver notice of such termination on behalf of the COUNTY.

B. Suspension: COUNTY agrees that CITY may immediately suspend and/or terminate this Use Permit, and further, COUNTY agrees to immediately cease operations if COUNTY fails to meet the insurance or permits/licenses requirement, as stated herein.

12. DESIGNATION: The COUNTY'S Real Estate Services Department is designated to administer and enforce this Use Permit. Further, the Director of Real Estate Services is authorized to exercise all provisions of this Use Permit on behalf of COUNTY, including but not limited to termination for default provisions.

13. PERMITS AND LICENSES: COUNTY employees, agents, and contractors must conform to and abide by all rules and regulations relating to the activities herein authorized and is subject at all times to applicable rules, regulations, resolutions, laws, ordinances, and statutes of the City of Needles, County of San Bernardino, State of California, the federal government, and all other governmental agencies having jurisdiction over the use and the Use Area. Where permits are required for such operations, the same must first be had and obtained from the regulating body having jurisdiction thereof, before such operation is undertaken.

14. NO INTEREST OR ESTATE: COUNTY agrees that it does not have and will not claim at any time any ownership interest or estate of any kind or extent whatsoever in the Use Area and the entire property of which the Use Area is part, by virtue of this license or its occupancy or use hereunder.

15. POSSESSORY INTEREST: COUNTY recognizes and understands that this Use Permit may create a possessory interest subject to property taxation and that COUNTY may be subject to payment of property taxes levied on such interest.

16. ASSIGNMENT AND TRANSFER: COUNTY 1s not allowed to assign or transfer this Use Permit to any other person, group or organization.

17. RELEASE OF INFORMATION: Any information or other materials submitted by COUNTY in connection with this Use Permit are for the exclusive use of the CITY, but are subject to disclosure under the provisions of the California Public Records Act, Government Code Section 6250 et seq. In the event a request for disclosure of any part or all of any information or 3 other material is made to the CITY, the CITY will make good faith efforts to notify the COUNTY of the request and will thereafter disclose the requested information unless the COUNTY requests nondisclosure and agrees to indemnify, defend with counsel approved by CITY, and hold the CITY harmless in any/all actions brought to require disclosure. The COUNTY waives any and all claims for damages, lost profits, or other injuries of any and all kinds in the event CITY fails to notify COUNTY of any such disclosure request and/or releases any information received from the COUNTY.

18. JURY TRIAL WAIVER: To the extent allowed by law, COUNTY and CITY hereby waive their respective right to trial by jury and agree to accept trial by judge alone of any cause of action, claim, counterclaim or cross-complaint in any action, proceeding and/or hearing brought by either COUNTY against CITY or CITY against COUNTY on any matter whatsoever arising out of, or in any way connected with, this Use Permit, the relationship of COUNTY and CITY in connection with this Use Permit, COUNTY's use or occupancy of the Use Area and the entire property of which the Use Area is part, or any claim of injury or damage, or the enforcement of any remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in effect related to this Use Permit and COUNTY's use of the Use Area.

19. FORMER COUNTY OFFICIALS:
a. CITY agrees to provide or has already provided information on former COUNTY administrative officials (as defined below) who are employed by or represent CITY.

The information provided includes a list of former COUNTY administrative officials who terminated COUNTY employment within the last five years and who are now officers, principals, partners, associates or members of the municipality. The information also includes the employment with or representation of CITY. For purposes of this provision, "COUNTY administrative official" is defined as a member of the Board of Supervisors or such officer's staff, COUNTY Administrative Officer or member of such officer's staff, COUNTY department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. (See Exhibit "C", List of Fonner County Officials.)

20. DISCLAIMER OF LIABILITY: CITY is not liable at any time for loss, damages, or iltjury to the person or property of any person, occasioned by or arising out of any act of COUNTY (including its officers, officials, employees, agents, volunteers, invitees and contractors) regarding the use of the Use Area by the COUNTY (including it officers, officials, employees, agents, volunteers, invitees and contractors) nor shall CITY have any premises liability for the condition of said Use Area or any part thereof during the terms of this Use Permit as the condition of the Use Area shall be under COUNTY control during the term hereo£

21. SECURITY: COUNTY understands and agrees that the CITY is not required to provide, nor shall CITY provide any security for the personal property and/or the person of COUNTY or anyone using the Use Area. Any loss, damage and/or injury to any property or person of COUNTY or COUNTY's guests shall be at the sole cost, expense, and responsibility of COUNTY.

22. NOTICES: The COUNTY shall designate an on-site coordinator for contact purposes and shall notify the CITY, in writing, of the name, address, and telephone number of 4 said on-site coordinator. All notices required by this Permit shall be in writing and delivered as follows, in person or by first class mail, postage pre-paid to the addresses stated herein with copies to the COUNTY's on-site coordinator.

COUNTY address:

CITY' s address
County of San Bernardino
Real Estate Services Department
385 North Arrowhead Avenue
San Bernardino, Ca. 92415-0180
City of Needles
Attn: City Manager
817 Third Street
Needles, CA. 92363

23. AUTHORIZED SIGNATORS: Both parties to this Use Permit represent that the signators executing this document are fully authorized to enter into this Permit.

24. ENTIRE AGREEMENT: This Permit constitutes the entire agreement between the parties with respect to the Use Area. No modifications or waiver will be binding unless made in writing and signed by both parties.
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The Undersigned agree to the above terms and conditions

COUNTY OF SAN BERNARDINO
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Chair, Board of Supervisors
Date: FEB 11 2014

SIGNED AND CERTIFIED THAT

A COPY OF THIS DOCUMENT

HAS BEEN DELIVERED TO THE

CHAIRMAN OF THE BOARD
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LAURA H. WE l~rfof'th~)'¾
Board of Su .qr'/f:,,"''\'7''. · ·< ·; ;., ~-/(·--.:.~f :: ,< : ~; By:-++'--"'-~¥,..,~-1+"'4...:.,..;,-'-"'-L-,c::--+1---
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Approved as to Legal Form:

JEAN RENE BASLE, County Counsel
San Bernardino County, California
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Date:. __ /__,Z.fa~l!:___,/~J_:2--__ _ 278221 ~ 0
6 CITY OF NEEDLES
By: fi/~7.?~~LJ
Dr. Edward T. Paget, M.., Mayor
Date: --"-'---Q:"-''-o=--C\l:....:....:~'-"-"=-"\,-. --'\'--'';)'-._,"-"'";).""c:,""-'-\ ~-'='---- Approved as to Form:

EXHIBIT "A" ~ •W L-l
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Needles City CouncilOctober 11, 2022

Needles City Council
October 11, 2022