Agenda packet — Portola City Council, January 24, 2024

Resolution No. 2566 January 24, 2024
RESOLUTION NO. 2566

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTOLA

AUTHORIZING PAYMENT OF CLAIMS FOR THE PERIOD
JANURARY 11, 2024 THROUGH JANURARY 24, 2024.

ACCOUNTS PAYABLE
CHECK NUMBERS: 45556 – 45587

PAYROLL
CHECK NUMBERS: 17328 – 17329

WHEREAS, the City Council of the City of Portola has been fully advised that all such claims and demands are legal obligations of the City; and,
WHEREAS, the City Council has fully considered the claims and money demands and payment thereof as set forth below and in "Exhibit A" attached hereto and incorporated herein.

ACCOUNTS PAYABLE: $211,704.02
PAYROLL: $ 22,914.66
TOTAL: $234,618.68
NOW THEREFORE BE IT RESOLVED THAT all claims and demands represented are just and proper and legal demands or claims against the City of Portola, and the payment of any such demands is approved and authorized.

PASSED, APPROVED AND ADOPTED this 24th day of January, 2024 by the following vote:

AYES: _______________________
NOES:________________________
ABSTAIN: ____________________
ABSENT: ____________________
Pat Morton, Mayor
ATTEST:

Jason Shaw, Deputy City Clerk
I, Jason Shaw, Deputy City Clerk of the City of Portola, do hereby certify that the above and foregoing Resolution was duly passed and adopted by the City Council at the City of Portola Regular meeting thereof held on January 24, 2024.

Jason Shaw, Deputy City Clerk
1/18/2024 1:36 PM DIRECT PAYABLES CHECK REGISTER PAGE: 1 PACKET: 00333 AP RUN 1.24.2024
VENDOR SET: 01 CITY OF PORTOLA **** CHECK LISTING ****
BANK: PC POOLED CASH - PLUMAS

CHECK CHECK CHECK CHECK
VENDOR I.D. NAME TYPE DATE DISCOUNT AMOUNT NO# AMOUNT
------------------------------------------------------------------------------------------------------------------------------------ 000010 RENO PAINT MART INC
I-202401181985 WATER VEH REPAIR R 1/24/2024 148.45 045556 148.45 000018 CINTAS
I-202401181995 MEDICAL SUPPLIES R 1/24/2024 179.23 045557 179.23 000026 CALIFORNIA WATER ENVIRONMENT AS
I-202401181989 JARED CSM-2 RENEWAL R 1/24/2024 103.00 045558 103.00 000029 COUNTRY BREEZE CLEANING
I-202401181999 CITY CLEANING SERVICES R 1/24/2024 400.00 045559 400.00 000050 SHAFER EQUIPMENT COMPANY INC
I-202401182001 EQUIP RENTAL WATER R 1/24/2024 14,400.00 045560 14,400.00 000059 EGLIN FAMILY LIMITED PARTNERSHI
I-202401181976 BC LAB INVS TESTING R 1/24/2024 3,604.00 045561 3,604.00 000060 STREAMLINE
I-202401182002 NEW CITY WEBSITE R 1/24/2024 2,500.00 045562 2,500.00 0005 AIRGAS, INC.

I-202401181992 ACETLENE/OXYGEN R 1/24/2024 419.02 045563 419.02 0010 AMAZON CAPITOL SERVICES
I-202401181987 MATERIALS AND SUPPLIES R 1/24/2024 1,889.33 045564 1,889.33 0015 AMERIGAS
I-202401181974 CITY HALL PROPANE R 1/24/2024 745.97 045565 745.97 0015 AMERIGAS
I-202401181975 PW PROPANE R 1/24/2024 990.26 045566 990.26 0021 AT&T
I-202401181994 800 EMER LINE R 1/24/2024 4.43 045567 4.43 0023 AT&T CALNET 3
I-202401181993 SCADA LDWTP R 1/24/2024 80.73 045568 80.73 0052 CITY OF PORTOLA
I-202401182000 WATER SEWER BILLS R 1/24/2024 2,157.20 045569 2,157.20 *VOID* 045570 VOID CHECK V 1/24/2024 045570 **VOID**
1/18/2024 1:36 PM DIRECT PAYABLES CHECK REGISTER PAGE: 2 PACKET: 00333 AP RUN 1.24.2024
VENDOR SET: 01 CITY OF PORTOLA **** CHECK LISTING ****
BANK: PC POOLED CASH - PLUMAS

I-202401182003 FUEL CHARGES R 1/24/2024 3,074.91 045575 3,074.91 0111 JEFFERSON SUPPLY COMPANY
I-202401181988 SEWER LINE REPAIR R 1/24/2024 1,694.55 045576 1,694.55 0136 MANHARD CONSULTING
I-202401181990 PLANNING SERVICES R 1/24/2024 160.00 045577 160.00 0181 PLUMAS COUNTY SHERIFF'S OFFICE
I-202401181991 LAW ENFROCEMENT SERVICES R 1/24/2024 130,000.00 045578 130,000.00 0188 PORTER SIMON CORPORATION
I-202401181998 LEGAL FEES R 1/24/2024 5,890.00 045579 5,890.00 0208 SAUERS ENGINEERING, INC.

I-202401181983 WATER SEWER GIS R 1/24/2024 1,670.00 045580 1,670.00 0218 SILVER STATE ANALYTICAL
I-202401181978 WATER/WASTEWATER TESTING R 1/24/2024 452.00 045581 452.00 0222 SMALL CITIES ORGANIZED RISK
I-202401181997 QTR 3 WORKERS COMP R 1/24/2024 27,428.78 045582 27,428.78 *VOID* 045583 VOID CHECK V 1/24/2024 045583 **VOID**
0235 SUSAN SCARLETT
I-202401181996 ACCOUNTING SERVICES R 1/24/2024 5,000.00 045584 5,000.00 0250 UNITED RENTALS NORTHWEST INC.

I-202401181986 STREET MATERIALS R 1/24/2024 2,194.47 045585 2,194.47 1/18/2024 1:36 PM DIRECT PAYABLES CHECK REGISTER PAGE: 3 PACKET: 00333 AP RUN 1.24.2024
VENDOR SET: 01 CITY OF PORTOLA **** CHECK LISTING ****
BANK: PC POOLED CASH - PLUMAS

CHECK CHECK CHECK CHECK
VENDOR I.D. NAME TYPE DATE DISCOUNT AMOUNT NO# AMOUNT
------------------------------------------------------------------------------------------------------------------------------------ 0256 USA BLUE BOOK
I-202401181981 SEWER TESTING R 1/24/2024 2,552.16 045586 2,552.16 0264 WESTERN NEVADA SUPPLY
I-202401181980 WATER MATERIALS & SUPPLIES R 1/24/2024 1,667.12 045587 1,667.12 * * B A N K T O T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 30 0.00 211,704.02 211,704.02
HANDWRITTEN CHECKS: 0 0.00 0.00 0.00
PRE-WRITE CHECKS: 0 0.00 0.00 0.00
DRAFTS: 0 0.00 0.00 0.00
VOID CHECKS: 2 0.00 0.00 0.00
NON CHECKS: 0 0.00 0.00 0.00
CORRECTIONS: 0 0.00 0.00 0.00
BANK TOTALS: 32 0.00 211,704.02 211,704.02
1/18/2024 1:36 PM DIRECT PAYABLES CHECK REGISTER PAGE: 4 PACKET: 00333 AP RUN 1.24.2024
VENDOR SET: 01 CITY OF PORTOLA **** CHECK LISTING ****
BANK: ALL
** REGISTER GRAND TOTALS *
* * T O T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 30 0.00 211,704.02 211,704.02
HANDWRITTEN CHECKS: 0 0.00 0.00 0.00
PRE-WRITE CHECKS: 0 0.00 0.00 0.00
DRAFTS: 0 0.00 0.00 0.00
VOID CHECKS: 2 0.00 0.00 0.00
NON CHECKS: 0 0.00 0.00 0.00
CORRECTIONS: 0 0.00 0.00 0.00
REGISTER TOTALS: 32 0.00 211,704.02 211,704.02
** POSTING PERIOD RECAP **

FUND PERIOD AMOUNT
-----------------------------------------
100 1/2024 145,669.41CR
207 1/2024 5,823.09CR
208 1/2024 7,341.51CR
215 1/2024 332.86CR
710 1/2024 31,585.87CR
720 1/2024 16,345.50CR
730 1/2024 4,605.78CR
===========================================
ALL 211,704.02CR
TOTAL ERRORS: 0 TOTAL WARNINGS: 0
1 City of Portola
Minutes
Regular Meeting
January 10, 2024 06:00 PM
35 Third Ave, Portola, CA 96122
https://www.cityofportola.com/

1. Call to Order
The meeting was called to order at 6:00 pm by Mayor Pat Morton.

A. Pledge of Allegiance
Lead by Mayor Pat Morton
B. Roll Call

Present: Mayor Pat Morton, Mayor Pro-Tem Jim Murphy, Councilmember Bill Powers, Councilmember Stan Peiler, Councilmember Leah Turner
Staff Present: Interim City Manager, Jon Kennedy, Deputy City Clerk, Jason Shaw, City Attorney, Steve Gross (remotely), Finance Officer Susan Scarlett (remotely)

2. Public Comments
Public comments provided by Lindsey Shaw

3. CITY COMMUNICATIONS
A. City Council Communications / Committee Reports
Councilmember Bill Powers: Attended a book signing at the Portola High School's Book Club.

Councilmember Leah Turner: Nothing to report.

Councilmember Stan Peiler: Met at the Gulling Bridge with Director of Public Works Todd Roberts and Interim City Manager Jon Kennedy during the latest bridge inspection. Feels much better about the Portola Bridge after attending.

Mayor Pro Tem Jim Murphy: Nothing to report.

Mayor Pat Morton: Was busy finishing up the Angel Tree program. At least 132 bags were prepared and given out. Responded to concerns about the new Fire District's meeting times and explained it was only for this meeting that it was the same time as the City Council's meeting. They met quickly to swear people in and figure out their regular meeting times.

B. Staff Communications / Fire Report / Sheriff's Report / Air Quality Report Air Quality Report by Targeted Airshed Grant Specialist Mikki Brown: 21 of the last 29 days were curtailment days. A reminder to be sure to check the air quality before burning.

Fire Report by Mayor Pat Morton: Beckwourth Fire reported 42 calls in the City limits in the month of December.

Sherriff's Report by Undersheriff Chad Hermann: Happy to report the patrolling schedule is back to normal. Has been an extremely busy month. New jail project should be complete by April of this year. Will have a measure on the upcoming General Election ballot, Measure A, which will add a 2 0.75% percent sales tax for law enforcement funding.

C. City Manager's Report
Interim City Manager Jon Kennedy: Nothing to report aside from agenda items

4. Consent Agenda
A. Claims- Adopt Resolution No. 2565 authorizing payment of claims for the period of December 14th, 2023 though January 10th, 2024.

Accounts Payable: $153,051.89
Payroll: $62,491.89
Total: $215,543.78
AP Check Run #45475 – 45555
Payroll Check Run #17325 – 17327
B. Approval of the Minutes from 12-13-23
Councilmember Leah Turner asked if the code enforcement contract payment was the last one. Interim City Manager Jon Kennedy said it might be but there might be another one to wrap things up.

Councilmember Leah Turner inquired about a few check payments to individuals. Interim City Manager Jon Kennedy responded that they were for reimbursements.

Councilmember Leah Turner asked about the status of the current Beckwourth Fire contract. Interim City Manager Jon Kennedy said it would need to continue until the new fire district is ready to take over. This contract will continue until the new fire district can take over. Mayor Pro-Tem Jim Murphy asked if there was a double election issue with one of the new board members of the new fire district. Interim City Manager Jon Kennedy explained there was none because she did not run for reelection as City Clerk.

It was noted that the minutes were updated to correctly display the City Council's reshuffle of its officer positions. Motion to approve the Consent Agenda and Minutes from 12-13-23 as corrected.

There were no public comments.

Councilmember Bill Powers motioned to approve. A second was made by Mayor Pro-Tem Jim Murphy.

The roll call vote:

Aye Mayor Pat Morton Aye Mayor Pro-Tem Jim Murphy Aye Councilmember Bill Powers Aye Councilmember Stan Peiler Aye Councilmember Leah Turner

5. 2023 Audit
Finance Officer Susan Scarlett went over the key points of the Audit. She wanted to note the Auditors issued a clean audit, and there were no findings.

Mayor Pro -Tem Jim Murphy asked a question about fund balance. Finance Officer Susan Scarlett provided an explanation.

There were no public comments.

Council voted to accept the 2023 Audit.

Councilmember Leah Turner motioned to approve. A second was made by Councilmember Stan Peiler.

The roll call vote:

Aye Mayor Pat Morton Aye Mayor Pro-Tem Jim Murphy Aye Councilmember Bill Powers Aye Councilmember Stan Peiler Aye Councilmember Leah Turner

6. Draft Budget Schedule
Financial Officer Susan Scarlett went over the proposed budget schedule for 2024-2025. She noted there would have to be a few changes due to conflicts with Councilmember's availability. Wants to be sure 3 everyone can attend the budget workshops. Only date that is in stone is the last date, June 26th. Direction was given to sort out the budget schedule offline with Councilmembers and City Staff.

There were no public comments.

7. Tax Sale Properties
County Board of Supervisors finally approved the sale of the La Jolla properties to the City of Portola .

Already has been approved in the past by Council but wanted the Council's blessing to keep moving forward. Looking for a ratification of the previous decision to approve funding for the purchase of the La Jolla properties not to exceed $20,000. Will be using ARPA funds for the purchase.

There were no public comments.

Mayor Pro-Tem Jim Murphy motioned to approve. A second was made by Councilmember Leah Turner.

The roll call vote:

Aye Mayor Pat Morton Aye Mayor Pro-Tem Jim Murphy Aye Councilmember Bill Powers Aye Councilmember Stan Peiler Aye Councilmember Leah Turner

8. MGE Engineering Professional Services Agreement and Budget Amendment Interim City Manager Jon Kennedy explained the City has hired an Engineering firm, MGE Engineering, to deal with the scour critical issue that has been around since at least 2006.

Critical scour issue has existed for about 20 years but previous recommendations on repairs were not implemented. Scour issue has become worse due to last season's winter storm disaster.

MGE Engineering came out last Thursday to inspect and report back their findings and recommendations about the bridge. Interim City Manager Jon Kennedy, Director of Public Works Todd Roberts, and Councilmember Stan Peiler joined MGE Engineering down at the bridge during their inspection.

Councilmember Bill Powers also stopped by to observe.

We received the final Caltrans report today. Director of Public Works Todd Roberts explained that scouring is soil erosion occurring under pillar #3 , the middle pillar in the water, at the Portola Bridge.

Staff wants a budget amendment to pay for the cost of MGE Engineering to do their investigation on the Portola Bridge and make recommendations on what repairs can be done.

The cost breakdown for MGE Engineering to explore how to best deal with the scour critical issue was explained. First phase is $58,986. Second phase is $103,782. Total cost for both phases is $162,768.

Interim City Manager Jon Kennedy wants to change the amount for approval to the full cost of both phases.

Phases may overlap as they uncover things with the bridge.

Tony from the public asked if the bridge reports will be made available to the public. Interim City Manager Jon Kennedy responded that yes, they would be soon.

Lindsey Shaw from the public asked if the bridge was in any danger of collapsing. Interim City Manager Jon Kennedy responded that no, the bridge is in no danger of collapsing.

Motion to approve the full amount of $162,768 for both phases.

Councilmember Leah Turner motioned to approve. A second was made by Councilmember Stan Peiler.

The roll call vote:

Aye Mayor Pat Morton Aye Mayor Pro-Tem Jim Murphy Aye Councilmember Bill Powers Aye Councilmember Stan Peiler Aye Councilmember Leah Turner

9. Proposed Ad Hoc Committee formation to search for a permanent City Manager Interim City Manager Jon Kennedy removed himself from the meeting to prevent any conflicts of interest with the hiring process.

Mayor Pro Tem Jim Murphy stated he put this on the agenda because the process to find a permeant City Manager typically takes a long time. He went over thedifferent options for finding a permanent City Manager. The City Council could do the search themselves or hire an executive search committee. They could also hire the current interim City Manager with or without a separate interview.

It was decided by consensus to form an ad hoc committee to explore the different options for searching 4 and hiring a permanent City Manager.

Mayor Pat Morton appointed Councilmember Leah Turner and Councilmember Bill Powers to the permanent City Manager Search Ad Hoc Committee to investigate and and make recommendations to the Council on the best way to search for a permeant City Manager.

There were no public comments.

10. Closed Session
A. Closed Session pursuant to Government Code Section 54957 – Public Employee Performance Evaluation - City Manager
There were no public comments. There was no action to report out of closed session.

11. Adjournment
Meeting adjourned at 9:06pm

1 MEETING DATE: January 24, 2024
FROM: Jason Shaw
RE: Council Committees, Boards and Commissions Review January 2024 BACKGROUND:

Periodically, the Council reviews appointments to Council Committees, Boards and Commissions. Traditionally, following the reorganization of the Council, the Mayor makes appointments to vacancies at the next Council meeting.

Below staff has outlined the current Council Committees, Boards and Commissions with information regarding its purpose, meeting times and location so the Council can review the committees and talk about each of them.

Council Committees, Boards and Commissions are made through Mayoral appointments. Staff recommends that the Council review and discuss the list and the Mayor may make appointments to all/some or none of the below.

EXECUTIVE SUMMARY:

Regional Commissions/Committees/Boards
Airport Land Use Commission
This committee meets in coordination with Plumas County and meets on a quarterly basis, meeting may be held at various locations.

Abandoned Vehicle Abatement
This committee meets in coordination with Plumas County and meets intermittently in Quincy.

This committee must include at least one Council member.

Plumas County Integrated Waste Management Task Force
This committee meets in coordination with Plumas County and meets intermittently in Quincy.

This committee traditionally included staff members and should continue to include at least one, if not two, staff members. The Committee needs one member and one alternate, it is preferred if the alternate is also able to attend meetings.

Plumas LAFCo
This Commission meets in coordination with Plumas County and meets every other month on the second Monday of the month in Quincy. The Plumas LAFCo Commission is comprised of two members appointed from the Plumas County Board of Supervisors, two members appointed from the City Council of the city of Portola, and one member appointed from the public-at-large. The Plumas Local Agency Formation Commission was created by the Legislature in 1963 to discourage urban sprawl and encourage the orderly formation and development of local government agencies within Plumas County. There is a LAFCo in each 2 county in California. Any member appointed on behalf of local governments shall represent the interests of the public as a whole and not solely the interests of the appointing authority.

This Commission must include at least two Council members and one Councilmember alternate.

DEAL
This Committee meets in Susanville. Mayor Bill Powers will provide additional information.

Transportation Commission
This committee meets in coordination with Plumas County and meets on the third Monday of every month as necessary in Quincy.

SCORE
This is the Small City Organized Risk Effort Board. This organization manages the Cities workers compensation and liability insurance coverage pool. This Board meets quarterly in Anderson, CA. This Board can include Council and staff. However, this committee has traditionally included the Finance Officer and a staff member on its Board. It is recommended that this committee include at least include at least one staff member as the Board meetings include information needed by staff.

City of Portola Committees
Emergency Services Policy Committee
This is a City of Portola Committee which meets intermittently and would be called to meet during any Emergency. This Committee should include the City Manager and the Mayor.

Finance and Administration
This Committee meets intermittently and discusses Finance an Administration issues and makes recommendation to the City Council. This Committee should consist of two Councilmembers.

Infrastructure Committee
This Committee meets intermittently and discusses infrastructure issues and makes recommendation to the City Council. This Committee should consist of two Councilmembers.

Community Development
This is a City of Portola Committee which meets intermittently, this Committee discusses community development issues and makes recommendation to the City Council. This Committee should consist of two Councilmembers.

RECOMMENDATION:

Continue the appointments of Councilmember Bill Powers and Director of Public Works Todd Roberts to the Airport Land Use Commission.

Continue the appointments of Financial Officer Susan Scarlett and Councilmember Leah Turner to the Abandoned Vehicle Abatement Committee.

Continue the appointments of Interim City Manager Jon Kennedy and Director of Public Works 3 Todd Roberts to the Plumas County Integrated Waste Management Task Force.

Continue the appointments of Councilmember Bill Powers and Mayor Pro Tem Jim Murphy, with Mayor Pat Morton as the alternate, to the Plumas LAFCo.

Continue the appointment of Councilmember Bill Powers to DEAL.

Continue the appointments of Mayor Pat Morton, Councilmember Bill Powers, and Financial Officer Susan Scarlett to the Transportation Commission.

Continue the appointment of Mayor Pro Tem Jim Murphy, with Deputy City Clerk Jason Shaw as the alternate, to SCORE.

Continue the appointment of Interim City Manager Jon Kennedy and Councilmember Leah Turner to the Emergency Services Policy Committee.

Continue the appointment of Mayor Pro Tem Jim Murphy and Mayor Pat Morton to the Finance and Administration Committee.

Continue the appointment of Councilmember of Bill Powers and Mayor Pro Tem Jim Murphy to the Infrastructure Committee.

Continue the appointment of Councilmember Leah Turner and Councilmember Stain Peiler to the Community Development Committee.

Continue the appointment of Mayor Pat Morton and Mayor Pro Tem Jim Murphy to the Fire Department Advisory Committee.

FISCAL IMPACT:

None.
1 MEETING DATE: January 24, 2024
FROM: Jon Kennedy
RE: Finance Officer Contract Renewal
BACKGROUND:

Susan Scarlett has been the City of Portola's Finance Officer since 1998. Her contract has been on a three year renewal and is up for renewal this month. She has not asked for an increase in the contract since 2012 in order to help keep costs down for the City. At this time an increase is being requested.

RECOMMENDATION:

Approve the extension of the contract with amendment to compensation.

FISCAL IMPACT:

A 10% increase would affect the following funds annually:

General Fund increase $1440.00, Street Fund $360.50, Snow removal $540.50, Fund 215 (CDBG) $300.00, Water $1,559.00 Sewer $1,320.00 and Solid Waste $480.00. The amounts could change between funds depending on how the Finance Officers compensation is allocated during budget.

ATTACHMENTS:

A. SCARLETT CONTRACT

INDEPENDENT CONTRACTOR AGREEMENT
This Independent Contractor Agreement (“Agreement”) is made and executed in Portola, California this 24th day of January 2024, by and between the City of Portola (hereinafter referred to as “the CITY”), and Susan Scarlett (hereinafter referred to as “CONTRACTOR”). The CITY desires to contract with CONTRACTOR, a qualified business or person, to provide the services listed on Exhibit “A” attached hereto and incorporated herein (hereinafter referred to as “SERVICES”).

In consideration of the promises and the mutual covenants herein contained, and for other good and valuable consideration, it is agreed:

1. Independent Contractor. It is understood and agreed, that CONTRACTOR is an independent contractor, and not the employee, agent, joint venture, or partner of the CITY, for any purpose whatsoever. The CITY, shall have no right to, and shall not control the manner or prescribe the method by which the SERVICES are performed by CONTRACTOR hereunder.

CONTRACTOR shall be entirely and solely responsible for its acts and acts of its agents, employees, and subcontractors while engaged in the performance of SERVICES hereunder.

2. Compensation. Subject to adjustments as provided in section 2.5 CONTRACTOR will be compensated at the rate of $5,000 per month and for out of County travel and other expenses as agreed upon between the parties for an average of 20 work hours per week. The CITY shall make payment to CONTRACTOR by the 30th day of each month for work performed in that month.

2.5 Adjustments to Compensation. In the event that CONTRACTOR’s duties are substantially increased the CITY and CONTRACTOR shall negotiate in good faith concerning an adjustment in compensation to reflect CONTRACTOR’s additional duties.

3. Equipment and Office. The CONTRACTOR shall provide and maintain all customary and necessary equipment, supplies, maintenance and utilities required for the SERVICES.

4. Quality Assurance. CONTRACTOR shall provide the SERVICES in accordance with the professional standards applicable to the financial and/or accounting services provided and in a manner that is acceptable to the CITY. CONTRACTOR shall meet with the City Manager as requested to review quality assurance procedures, quality standards or quality concerns. CONTRACTOR shall immediately address any quality of performance issues and timely report to the City Manager the status of such issues. Any completed SERVICE will not be accepted until approved by the City Manager.

5. Term and Termination. The term of this Agreement shall be for three years beginning on the date this Agreement is approved by the City Council. This Agreement may be terminated by either party, with or without cause, by giving 90 days written notice as provided in Paragraph 19 of this Agreement; provided that the City may only terminate this Agreement upon the vote of at least three City Council members and the written recommendation of the City Manager.

6. Taxes. CONTRACTOR agrees and understands that as an independent contractor, CONTRACTOR is responsible for the payment of all self-employment taxes, and other taxes which may arise as a result of it performing SERVICES as an independent contractor.

It is further understood that the CITY shall have no responsibility in withholding any taxes payable to the federal or state government, and that it is CONTRACTOR’s sole responsibility to meet its tax obligations.

7. Insurance. CONTRACTOR shall be responsible for furnishing and maintaining, at CONTRACTOR’s own expense, Professional Errors and Omissions, Automobile and Worker’s Compensation insurance for CONTRACTOR and CONTRACTOR’s employees while engaged in the performance of SERVICES hereunder.

8. Rules, Regulations and Laws. CONTRACTOR agrees and understands that it shall comply with all of the CITY’s rules and regulations and all applicable federal, state, local, and professional laws, ordinances and regulations while engaged in the performance of SERVICES hereunder.

9. Licenses and Permits. CONTRACTOR agrees that as a condition of this Agreement it shall have and maintain all required professional or other licenses and business permits, when applicable, when engaged in the performance of SERVICES hereunder.

10. Proprietary Rights. CONTRACTOR agrees that all PROPRIETARY INFORMATION, which shall include all contacts, telephone numbers, e-mail addresses, web pages, forms, agreements, designs, plans, reports, specifications, drawings, inventions, processes, confidential information, logos, names, client lists, trade-secrets, know-how, and other information or items produced by CONTRACTOR while performing SERVICES under this Agreement, shall be assigned automatically to the CITY as the sole and exclusive property of the CITY and the CITY’s assigns, nominees, and successors, as will any copyrights, patents, or trademarks obtained by CONTRACTOR while performing services under this agreement.

CONTRACTOR shall treat all PROPRIETARY INFORMATION as confidential and refrain from improper disclosure of such information. On request and at the CITY’s expense, CONTRACTOR agrees to help the CITY obtain patents, trademarks and copyrights for any new developments or intellectual property. This includes providing specimens, data, plans, specifications, descriptions, documentation, and other information, as well as assisting the CITY in completing any required application or registration. Immediately upon termination or expiration of this Agreement or upon a request by the CITY, CONTRACTOR shall provide all PROPRIETARY INFORMATION to the CITY at the location designated by the CITY.

CONTRACTOR shall not be entitled to final payment under this Agreement until all PROPRIETARY INFORMATION is in the possession of the CITY.

11. Records. CONTRACTOR shall keep complete and accurate records related to the performance of the SERVICES. The CITY shall have the right to review and inspect such records during normal business hours upon reasonable notice to CONTRACTOR.

CONTARCTOR shall provide all such records, including all PROPRIETARY INFORMATION, to CITY upon the termination or expiration of this Agreement. CONTRACTOR shall provide direction and authority to appropriate persons to provide the CITY with all records related to the performance of the SERVICES, including all PROPRIETARY INFORMATION, in CONTRACTOR’S absence or inability to respond.

12. Hold-Harmless Agreement. CONTRACTOR is solely liable for all claims, liabilities, damages, and debts of any type whatsoever that may arise on account of CONTRACTOR’s activities, or those of CONTRACTOR’s employees, agents or subcontractors in the performance of this Agreement. CONTRACTOR shall exonerate, indemnify, defend, and hold harmless the CITY, and any director or employee of the CITY for any loss, damage, liability, or claim paid or incurred by the CITY, director, or employee by reason of liability resulting from CONTRACTOR’s performance of the SERVICES hereunder, or from the acts or omissions of CONTRACTOR or CONTRACTOR’s employees, agents or subcontractors including without limitations, all consequential damages, attorney’s fees and costs.

13. Mediation and Arbitration Clause. In the event of disagreement or dispute between the parties arising out of or connected with this Agreement which cannot be adjusted by and between the parties involved, the disputed matter shall be resolved as follows:

A. Mediation. The parties agree to mediate any dispute or claim arising between them out of this contract or any resulting transaction before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved. If any party commences an arbitration or court action based on a dispute or claim to which this paragraph applies without first attempting to resolve the matter through mediation, then that party shall not be entitled to recover attorney’s fees, even if they would otherwise be available to that party in any such arbitration or court action.

B. Arbitration. The Parties agree that any dispute or claim in law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration and not by court action. The arbitration shall be conducted by a retired judge or justice, unless the parties mutually agree to a different arbitrator, who shall render an award in accordance with substantive California law. In all other respects, the arbitration shall be conducted by a retired judge or justice, unless the parties mutually agree to a different arbitrator, who shall render an award in accordance with substantive California law. In all other respects, the arbitration shall be conducted in accordance with Part III, Title 9 of the California Code of Civil Procedure. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05.

14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

15. Forum. Any mediation, arbitration or litigation to enforce or interpret the provisions of this Agreement or the parties’ rights and liabilities arising out of this Agreement or the performance hereunder shall be maintained only in the County of Plumas, California.

16. Attorney’s Fees. In the event of any arbitration or litigation to enforce or interpret the provisions of this Agreement or the parties’ rights and liabilities arising out of this Agreement or the performance hereunder, the prevailing party in such arbitration or litigation shall be entitled to reasonable attorney’s fees and costs as fixed by the court.

17. Severability. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

18. Integration. This Agreement terminates and supersedes the Independent Contractor Agreement between the parties dated February 14th, 2018, and contains the entire agreement among the parties and supersedes all prior and contemporaneous oral and written agreements, understandings, and representations among the parties. No amendments to this Agreement shall be binding unless executed in writing by all of the parties.

19. Waiver. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

20. Notices. Any notice required by this Agreement shall be effective only if sent by certified or registered mail, postage prepaid, as follows:

If to the CITY:

City Manager, City of Portola, P.O. Box 1225, Portola, CA 96122-1225 If to CONTRACTOR:

Susan Scarlett, P.O. Box 1906, Quincy, CA 95971
For the purposes of determining compliance with any time limit in this Agreement, a notice shall be deemed to have been duly given on the second business day after mailing, if mailed to the party to whom notice is to be given in the manner provided in this Section. Either party may, at any time, change its address designated above by giving to the other party thirty-(30) days’ written notice of the new address to be used for the purposes of this Section.

21. Assignability. Neither this Agreement nor any duties or obligations hereunder shall be assignable by any party hereto without the prior written consent of the other parties.

Contractor: ____________ DATE:

Susan Scarlett

City of Portola: __ DATE: _________________ Jon Kennedy,Interim City Manager

Portola City CouncilJanuary 24, 2024

Portola City Council
January 24, 2024