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Agenda packet

Portola City Council
July 10, 2024

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Agenda packet
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July 10, 2024
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1 City of Portola
AGENDA
Regular Meeting
July 10, 2024 06:00 PM
35 Third Ave, Portola, CA 96122
https://www.cityofportola.com/
Mayor Pat Morton • Mayor Pro-Tem Jim Murphy • Councilmember Bill Powers • Councilmember Leah Turner • Councilmember Mikki Brown

REASONABLE ACCOMMODATIONS
The City Council welcomes you to its meetings which are regularly held the second and fourth Wednesday of each month at 6:00 p.m. at the City Hall Council Chambers. Your interest and participation is encouraged and welcome.

As a courtesy, the City Council meeting is also accessible to the public via live streaming at:
https://zoom.us/j/3583067836 or by phone at: Phone Number 1.669.900.6833; Meeting ID: 358 306 7836. Online and telephonic access does not guarantee the public the ability to observe the meeting in the event there is a disruption or connectivity issues that affect broadcasting.

Members of the public who want to be assured that they have the ability to observe the meeting and make comment during the meeting, should attend the meeting in-person.

Any person desiring to address the City Council or any committee, commission or agency under the jurisdiction of the City Council, on any item not on the agenda may do so during public comment period. Public comment during the meeting will be accepted in person only.

Public Comment can be made by clicking on the "comment" section directly from the agenda, next to each agenda item.

Public comment will also be accepted via email sent to Deputy City Clerk, at [email protected] which if received at least 24 hours prior to commencement of the meeting will be distributed to the Council and posted to the City’s website prior to the meeting.

Meeting facilities are accessible to persons with disabilities. Reasonable efforts will be made to accommodate the participation of the disabled in the City’s public meetings. If special accommodation for the disabled is needed, please notify the City at 530.832.6801 at least 48 hours prior to the meeting.

1. Call to Order
A. Pledge of Allegiance
B. Roll Call
2 2. CITY COMMUNICATIONS
Discussion Comment
A. City Council Communications
B. Staff Communications/Fire Report/Sheriff's Report/Air Quality Report C. City Manager's Report

3. Consent Agenda
Discussion Possible Action Comment View Item
These items are expected to be routine and non-controversial. The City Council will act upon them at one time without discussion. Any Councilmembers, staff member or interested party may request that an item be removed from the consent agenda for discussion. Additional budget appropriations will require a four/fifths roll call vote.

A. Claims - Adopt Resolution No. 2590 authorizing payment of claims for the period of June 27, 2024, through July 4, 2024
Accounts Payable: $201,311.24
Payroll: $38,191.13
Total: $239,502.37
AP SPECIAL CHK 46002
AP CHK RUN 46003 – 46055
AP VOID CHK 45994 and 45914
PAYROL CHK 17368 – 17384
PAYROLL REMIT CHK 17385
B. Approval of the City Council Minutes from 6-26-2024 Special Meeting and 6-26-2024 Regular Meeting.

4. CSG Contract for limited Code Enforcement services
Discussion Comment View Item

5. Adjournment
Resolution No. 2590 July 10th, 2024
RESOLUTION NO. 2590

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTOLA

AUTHORIZING PAYMENT OF CLAIMS FOR THE PERIOD
JUNE 27, 2024, THROUGH JULY 4, 2024.

ACCOUNTS PAYABLE
CHECK RUN: 46003-46055
SPECIAL CHECK: 46002
VOIDED CHECKS: 45994, 45914

PAYROLL
CHECK RUN: 17368-17384
REMITTANCE CHECKS: 17385

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: $ 201,311.24
PAYROLL: $ 38,191.13
TOTAL: $ 239,502.37
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 10th day of July, 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 July 10, 2024.

Jason Shaw, Deputy City Clerk
6/24/2024 9:24 AM DIRECT PAYABLES DEPARTMENT PAYMENT REGISTER PAGE: 1 VENDOR SET: 01 CITY OF PORTOLA ITEMS PRINTED: PAID, UNPAID PACKET: 00403 SPECIAL AP CHK 6.24.2024
FUND : 208 SNOW REMVL FUND SEC.2107
DEPARTMENT: 317 Snow Removal BANK: ALL
VENDOR NAME ITEM # G/L ACCOUNT DESCRIPTION CHECK# AMOUNT ==================================================================================================================================== 01-000054 BRAVO TRANSMISSION I-202406242425 208-317-600.08 VEH REPAIR 046002 1,662.74 DEPARTMENT 317 Snow Removal TOTAL: 1,662.74
------------------------------------------------------------------------------------------------------------------------------------ FUND 208 SNOW REMVL FUND SEC.21 TOTAL: 1,662.74
6/24/2024 9:24 AM DIRECT PAYABLES DEPARTMENT PAYMENT REGISTER PAGE: 2 VENDOR SET: 01 CITY OF PORTOLA ITEMS PRINTED: PAID, UNPAID PACKET: 00403 SPECIAL AP CHK 6.24.2024
FUND : 710 WATER SERVICE FUND
DEPARTMENT: 311 Public Works BANK: ALL
VENDOR NAME ITEM # G/L ACCOUNT DESCRIPTION CHECK# AMOUNT ==================================================================================================================================== 01-000054 BRAVO TRANSMISSION I-202406242425 710-311-600.08 VEH REPAIR 046002 1,662.74 DEPARTMENT 311 Public Works TOTAL: 1,662.74
------------------------------------------------------------------------------------------------------------------------------------ FUND 710 WATER SERVICE FUND TOTAL: 1,662.74
6/24/2024 9:24 AM DIRECT PAYABLES DEPARTMENT PAYMENT REGISTER PAGE: 3 VENDOR SET: 01 CITY OF PORTOLA ITEMS PRINTED: PAID, UNPAID PACKET: 00403 SPECIAL AP CHK 6.24.2024
FUND : 720 SEWER SERVICE FUND
DEPARTMENT: 311 Public Works BANK: ALL
VENDOR NAME ITEM # G/L ACCOUNT DESCRIPTION CHECK# AMOUNT ==================================================================================================================================== 01-000054 BRAVO TRANSMISSION I-202406242425 720-311-600.08 VEH REPAIR 046002 1,662.74 DEPARTMENT 311 Public Works TOTAL: 1,662.74
------------------------------------------------------------------------------------------------------------------------------------ FUND 720 SEWER SERVICE FUND TOTAL: 1,662.74
REPORT GRA TOTAL: 4,988.22
6/24/2024 9:24 AM DIRECT PAYABLES DEPARTMENT PAYMENT REGISTER PAGE: 4 ------------------------------------------------------------------------------------------------------------------------------------ ** G/L ACCOUNT TOTALS **
=========LINE ITEM========= =======GROUP BUDGET=======

ANNUAL BUDGET OVER ANNUAL BUDGET OVER

YEAR ACCOUNT NAME AMOUNT BUDGET AVAILABLE BUDG BUDGET AVAILABLE BUDG 2023-2024 208-317-600.08 VEHICLE REPAIR & MAINTENAN 1,662.74 18,000 2,366.81 710-311-600.08 VEHICLE REPAIR & MAINTENAN 1,662.74 5,000 8,221.85- Y 720-311-600.08 VEHICLE REPAIR & MAINTENAN 1,662.74 5,000 7,317.69- Y ** 2023-2024 YEAR TOTALS 4,988.22
------------------------------------------------------------------------------------------------------------------------------------ ** DEPARTMENT TOTALS **

ACCT NAME AMOUNT
208-317 Snow Removal 1,662.74
------------------------------------------------------------------------------------- 208 TOTAL SNOW REMVL FUND SEC.2107 1,662.74
710-311 Public Works 1,662.74
------------------------------------------------------------------------------------- 710 TOTAL WATER SERVICE FUND 1,662.74
720-311 Public Works 1,662.74
------------------------------------------------------------------------------------- 720 TOTAL SEWER SERVICE FUND 1,662.74
------------------------------------------------------------------------------------- ** TOTAL ** 4,988.22

NO ERRORS
** END OF REPORT **
7/02/2024 12:19 PM DIRECT PAYABLES CHECK REGISTER PAGE: 1 PACKET: 00409 AP RUN 7.10.2024 JUNE INV
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
------------------------------------------------------------------------------------------------------------------------------------ 000018 CINTAS
I-202407022448 MEDICAL SUPPLIES R 7/10/2024 185.09 046003 185.09 000039 CAPURRO TRUCKING
I-202407022465 RMRA R 7/10/2024 2,722.20 046004 2,722.20 000052 INDUSTRIAL CHEM LABS
I-202407022467 SEWER MAINT R 7/10/2024 856.42 046005 856.42 000069 MARLIN LEASING CORP - PEAC
I-202407022450 XEROX LEASE R 7/10/2024 408.62 046006 408.62 000070 CHUCK DUNN
I-202407022478 CONCERT IN THE PARK REPRINT R 7/10/2024 1,000.00 046007 1,000.00 000072 MOTION & FLOW CONTROL PRO INC
I-202407022466 EQUIP REPAIR R 7/10/2024 1,710.88 046008 1,710.88 000075 BECKWOURTH PEAK FIRE PROTECTION
I-202407022455 R 7/10/2024 3,482.15 046009 3,482.15
000077 NOR CAL CONTROLS INC
I-202407022476 LDWTP EQUIP REPAIR R 7/10/2024 1,507.66 046010 1,507.66 000078 CLARK PEST CONTROL
I-202407022477 WH PEST CONTROL R 7/10/2024 105.00 046011 105.00 0010 AMAZON CAPITOL SERVICES
I-202407022472 MATERIALS & SUPPLIES R 7/10/2024 1,663.46 046012 1,663.46 0015 AMERIGAS
I-202407022445 SS FIREHALL R 7/10/2024 12.86 046013 12.86 0022 AT&T
I-202407022449 LONG DISTANCE R 7/10/2024 38.75 046014 38.75 0052 CITY OF PORTOLA
I-202407022456 WATER/SEWER BILLS R 7/10/2024 6,160.02 046015 6,160.02 *VOID* 046016 VOID CHECK V 7/10/2024 046016 **VOID**
0078 ENCOMPASS
I-202407022453 XEROX COPIES R 7/10/2024 516.40 046017 516.40 7/02/2024 12:19 PM DIRECT PAYABLES CHECK REGISTER PAGE: 2 PACKET: 00409 AP RUN 7.10.2024 JUNE INV
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
------------------------------------------------------------------------------------------------------------------------------------ 0086 FOLCHI LOGGING & CONSTR., INC.

I-202407022471 MATERIALS & SUPPLIES R 7/10/2024 1,278.96 046018 1,278.96 0091 GRANITE CONSTRUCTION, INC
I-202407022468 RMRA R 7/10/2024 14,496.58 046019 14,496.58 0101 HUNT & SONS, INC.

I-202407022473 FUEL CHARGES R 7/10/2024 2,960.81 046020 2,960.81 0105 INTERMOUNTAIN DISPOSAL
I-202407022474 REFUSE COLLECTION R 7/10/2024 682.49 046021 682.49 0111 JEFFERSON SUPPLY COMPANY
I-202407022462 MATERIALS & SUPPLIES R 7/10/2024 901.12 046022 901.12 0124 KOMATSU EUIPMENT
I-202407022469 LF POST CLOSURE R 7/10/2024 6,971.25 046023 6,971.25 0133 LIBERTY UTILITIES
I-202407022457 CITY ELECTRIC R 7/10/2024 19,690.15 046024 19,690.15 0148 NAPA SIERRA
I-202407022444 MATERIALS & SUPPLIES R 7/10/2024 448.25 046025 448.25 0159 OFFICE DEPOT
I-202407022446 MATERIALS & SUPPLIES R 7/10/2024 165.99 046026 165.99 0174 PLANWEST PARTNERS INC
I-202407022454 FEASIBILITY STUDY R 7/10/2024 5,119.75 046027 5,119.75 0175 PLUMAS ACE HARDWARE INC
I-202407022470 MATERIALS & SUPPLIES R 7/10/2024 2,742.73 046028 2,742.73 0184 PLUMAS SIERRA RURAL ELECTRIC
I-202407022443 LDWTP ELECTRIC R 7/10/2024 1,607.67 046029 1,607.67 0189 PR DIAMOND PRODUCTS, INC.

I-202407022460 LINE REPAIR R 7/10/2024 2,649.31 046030 2,649.31 0234 SUPERIOR POOL PRODUCTS, LLC
I-202407022461 POOL SUPPLIES R 7/10/2024 64.14 046031 64.14 0240 THOMAS G. VALENTINO
I-202407022447 CONSULTING SERVICES R 7/10/2024 720.00 046032 720.00 7/02/2024 12:19 PM DIRECT PAYABLES CHECK REGISTER PAGE: 3 PACKET: 00409 AP RUN 7.10.2024 JUNE INV
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
------------------------------------------------------------------------------------------------------------------------------------ 0253 US BANCORP
I-202407022475 CITY CREDIT CARD CHARGES R 7/10/2024 4,565.37 046033 4,565.37 0256 USA BLUE BOOK INC
I-202407022464 LDWTP MATERIALS & SUPPLIES R 7/10/2024 103.53 046034 103.53 0260 VERIZON WIRELESS
I-202407022451 LDWTP DATA PLAN R 7/10/2024 108.05 046035 108.05 0260 VERIZON WIRELESS
I-202407022458 CITY CELL PHONES R 7/10/2024 525.52 046036 525.52 0260 VERIZON WIRELESS
I-202407022459 CITY LANDLINES R 7/10/2024 523.30 046037 523.30 0264 WESTERN NEVADA SUPPLY
I-202407022463 WATER LINE REPAIR R 7/10/2024 1,824.02 046038 1,824.02 1 AMY TRENNER
I-202407022452 REIMBURSEMENT R 7/10/2024 13.70 046039 13.70 * * B A N K T O T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 36 0.00 88,532.20 88,532.20
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: 1 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: 37 0.00 88,532.20 88,532.20
7/02/2024 12:19 PM DIRECT PAYABLES CHECK REGISTER PAGE: 4 PACKET: 00409 AP RUN 7.10.2024 JUNE INV
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: 36 0.00 88,532.20 88,532.20
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: 1 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: 37 0.00 88,532.20 88,532.20
** POSTING PERIOD RECAP **

FUND PERIOD AMOUNT
-----------------------------------------
100 7/2024 29,847.43CR
207 7/2024 8,901.04CR
208 7/2024 1,975.15CR
211 7/2024 17,218.78CR
710 7/2024 10,607.46CR
720 7/2024 12,282.79CR
730 7/2024 7,699.55CR
===========================================
ALL 88,532.20CR
TOTAL ERRORS: 0 TOTAL WARNINGS: 0
7/02/2024 12:27 PM DIRECT PAYABLES CHECK REGISTER PAGE: 1 PACKET: 00408 AP RUN 7.10.2024 JULY INV
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
------------------------------------------------------------------------------------------------------------------------------------ 000022 APRIL HEGUERA
I-202407022427 CONCERT IN THE PARK R 7/10/2024 1,400.00 046040 1,400.00 000023 DRINKING WITH CLOWNS
I-202407022429 CONCERT IN THE PARK R 7/10/2024 1,500.00 046041 1,500.00 0006 ALLIANT INSURANCE SERVICES,INC
I-202407022430 INSURANCE POLICY R 7/10/2024 7,123.00 046042 7,123.00 0008 ALWAYS ANSWER
I-202407022434 800 NUMBER R 7/10/2024 66.45 046043 66.45 0053 CIVICPLUS
I-202407022440 CITY WEB SITE R 7/10/2024 225.00 046044 225.00 0063 CURRENT ELECTRIC & ALARM, INC
I-202407022436 ALARM SERVICES R 7/10/2024 555.00 046045 555.00 0066 DANIEL HORTON
I-202407022428 CONCERT IN THE PARK R 7/10/2024 600.00 046046 600.00 0103 IEDA
I-202407022439 LABOR RELATION CONSULTING R 7/10/2024 262.78 046047 262.78 0134 LOST SIERRA CHAMBER OF
I-202407022441 CHAMBER MEMBERSHIP R 7/10/2024 235.00 046048 235.00 0162 OPERATING ENGINEERS
I-202407022442 EMPLOYEE HEALTH INSURANCE R 7/10/2024 10,883.70 046049 10,883.70 0166 PARCEL QUEST
I-202407022433 PARCEL QUEST RENEWAL R 7/10/2024 2,399.00 046050 2,399.00 0169 PETE RHODE
I-202407022431 PA & SOUND R 7/10/2024 300.00 046051 300.00 0176 PLUMAS CO FLOOD CONTROL &
I-202407022432 LD WATER CHARGES R 7/10/2024 53,547.39 046052 53,547.39 0185 PLUMAS SIERRA TELECOMMUNICAT
I-202407022438 CITY INTERNET SERVICES R 7/10/2024 387.00 046053 387.00 0231 SUCCEED.NET
I-202407022437 WEB HOSTING R 7/10/2024 67.85 046054 67.85 7/02/2024 12:27 PM DIRECT PAYABLES CHECK REGISTER PAGE: 2 PACKET: 00408 AP RUN 7.10.2024 JULY INV
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
------------------------------------------------------------------------------------------------------------------------------------ 0246 TYLER TECHNOLOGIES, INC
I-202407022435 INCODE ANNUAL FEES R 7/10/2024 31,614.13 046055 31,614.13 * * B A N K T O T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 16 0.00 111,166.30 111,166.30
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: 0 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: 16 0.00 111,166.30 111,166.30
7/02/2024 12:27 PM DIRECT PAYABLES CHECK REGISTER PAGE: 3 PACKET: 00408 AP RUN 7.10.2024 JULY INV
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: 16 0.00 111,166.30 111,166.30
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: 0 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: 16 0.00 111,166.30 111,166.30
** POSTING PERIOD RECAP **

FUND PERIOD AMOUNT
-----------------------------------------
100 7/2024 16,831.23CR
207 7/2024 547.39CR
208 7/2024 1,096.92CR
215 7/2024 36.87CR
710 7/2024 72,312.72CR
720 7/2024 16,130.51CR
730 7/2024 4,210.66CR
===========================================
ALL 111,166.30CR
TOTAL ERRORS: 0 TOTAL WARNINGS: 0
1 City of Portola
Minutes
Special Meeting
June 26, 2024 04:30 PM
35 Third Ave, Portola, CA 96122
https://www.cityofportola.com/

1. Call to Order
The meeting was called to order at 4:30 pm by Mayor Pat Morton.

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

Present: Mayor Pat Morton, Mayor Pro-Tem Jim Murphy, Councilmember Leah Turner, Councilmember Mikki Brown

Absent: Councilmember Bill Powers
Staff Present: Interim City Manager Susan Scarlett, Deputy City Clerk Jason Shaw via Zoom

2. Public Comments
None

3. Workplace Violence Prevention Plan
The Council received training on the Workplace Violence Prevention Plan. Councilmember Powers had completed the training earlier.

4. Adjournment
5:05 PM
1 City of Portola
Minutes
Regular Meeting
June 26, 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
Led by Mayor Pat Morton
B. Roll Call

Present: Mayor Pat Morton, Mayor Pro-Tem Jim Murphy, Councilmember Bill Powers, Councilmember Leah Turner, Councilmember Mikki Brown
Staff Present: Interim City Manager - Susan Scarlett

2. Public Comments

3. CITY COMMUNICATIONS
A. City Council Communications / Committee Reports
Councilmember Brown reported on graffiti that she saw on the Riverwalk that was cleaned up quickly by Public Works.

Councilmember Powers reported that he attended the Transportation Commission meeting and Juvenile Justice Coordinating Council.

Councilmember Turner - no report
Mayor Pro Tem Murphy attended a lengthy SCORE meeting where insurance costs for the upcoming year were discussed.

Mayor Morton attended the Transportation Commission meeting and the Gravel Grinder B. Staff Communications / Fire Report / Sheriff's Report / Air Quality Report Mayor Morton gave a Fire Report for the 4 Districts that will become the new Beckwourth Peak Fire Protection District. The number of medical calls and fires for the total of the districts which was 47 Regular and 8 Fire calls.

Mikki Brown from Air Quality gave a report that the Plumas County Fire Safe Council shut down the Biomass Project due to economic issues. 12 homes received 2 chords of firewood each under the Firewood Project and there are 5 pending deliveries. The free Greenwaste 2 program at the transfer station was over on June 25th but they do have vouchers left for curbside green waste pickup.

C. City Manager's Report
Interim City Manager Scarlett reported the following:
-Scarlett gave an update on Lost and Found Gravel Grinder – there were 969 racers and the City received $12,412.50 in camping fees.
-Dan Bastian, Todd Roberts and Interim City Manager Scarlett went to Richard Johnson’s to look at the drainage. Dan Bastian thought it had held up well and was going to review some property lines and will get back to us. We will contact Mr. Johnson at that point. – The street sweeper broke down on commercial street but has been fixed. It might be on its last legs but Public works will repair it as long as possible. -The Loss control grant funds provided by SCORE have been rolled over to 24-25 and there are specific projects already in the works for that funding -Scarlett reported that AT&T sent a letter regarding rural areas and telephone service. AB 2797 has been introduced

4. Consent Agenda
A. Claims- Adopt Resolution No. 2583 authorizing payment of claims for the period of June 13th, 2024 though June 26, 2024.

Accounts Payable: $94,926.11
Payroll: $26,291.06
Total: $121,217.17
AP Check Run #45967 – 46000
AP Special Check #45966
AP Deposit Refund Check #46001
AP Voided Checks: #45906,55922
Payroll Check Run #17341 – 17343
Payroll Remittance Check #17344
B. Approval of the City Council Minutes from 6-12-2024
Mayor Morton corrected item B. on the Consent Agenda. The items should read "Approval of the City Council minutes from 6-12-24 as amended". Mayor Pro-Tem Jim Murphy motioned to approve. A second was made by Councilmember Bill Powers.

The roll call vote:

Aye Mayor Pat Morton Aye Mayor Pro-Tem Jim Murphy Aye Councilmember Bill Powers Aye Councilmember Leah Turner Aye Councilmember Mikki Brown 3 5. Renew State of Emergency Proclamation Councilmember Bill Powers motioned to approve.

A second was made by Councilmember Mikki Brown.

The roll call vote:

Aye Mayor Pat Morton Aye Mayor Pro-Tem Jim Murphy Aye Councilmember Bill Powers Aye Councilmember Leah Turner Aye Councilmember Mikki Brown

6. City Manager and Community Engagement Officer recruitment The City Council received an update from the Ad Hoc committee and from Leslie Chrysler on the recruitment efforts for City Manager. At this time no candidates are being interviewed. The position will be posted again and the City will be looking for a broader range of advertising options. The City Council gave direction to increase the salary range to a range of $120,000 to $160,000. Mayor Pro-tem Murphy said that some of the SCORE cities are looking for City Managers and all are having the same situation.

Interim City Manager Scarlett reported on the recruitment efforts for the Community Engagement Officer. The City has applicants to interview and initial interviews will be conducted during the second week of July.

7. GANN Limit, Investment Policy, Pay Schedules and CCR 570.5 resolution and Budget Adoption
A. Review and adopt Resolution 2586, Investment Policy
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 Leah Turner Aye Councilmember Mikki Brown
B. Review and adopt Resolution 2587, Pay schedules and CCR 570.5 compliance Councilmember Bill Powers motioned to approve. A second was made by Councilmember Mikki Brown.

The roll call vote:

Aye Mayor Pat Morton Aye Mayor Pro-Tem Jim Murphy Aye Councilmember Bill Powers Aye Councilmember Leah Turner Aye Councilmember Mikki Brown
C. Review and adopt Resolution 2588, GANN appropriations limit 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 Leah Turner Aye Councilmember Mikki 4 Brown
D. Review and adopt Resolution 2589, adopting the 24-25 City of Portola budget.

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 Leah Turner Aye Councilmember Mikki Brown

8. City of Portola Landfill required Agreement and Resolution NO. 2584 Interim City Manager Scarlett discussed the Pledge of Revenue Agreement and Resolution for the City Landfill. Scarlett pointed out that wording on the resolution when the City first received it needed to be changed and CalRecycle was contacted and worked with the City on that change.

She also pointed out that the City sets aside all of the Landfill closure fees annually to be able to meet any obligations regarding the Landfill.

Mayor Pro-Tem Murphy reported that the City insurance pool, SCORE, offers Landfill insurance. Staff will look into that.

Councilmember Leah Turner motioned to approve. A second was made by Councilmember Bill Powers.

The roll call vote:

Aye Mayor Pat Morton Aye Mayor Pro-Tem Jim Murphy Aye Councilmember Bill Powers Aye Councilmember Leah Turner Aye Councilmember Mikki Brown

9. City of Portola Operational Procedures for Purchasing Materials, Supplies, Parts and Equipment and Public Works Improvements update and Resolution NO. 2585 Interim City Manager Scarlett discussed the need for an update to the Purchasing Policy for the City. She explained the changes being made to the policy which included changing the term City Administrator or City Manager, deleting the references to purchase orders and increasing the limits for quotes and bids. Public works project limits stay the same as they are governed by California law. Councilmember Mikki Brown 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 Leah Turner Aye Councilmember Mikki Brown

10. City of Portola and Beckwourth Peak Fire Protection District Asset Transfer Agreement The Council considered the Asset transfer agreement between the City of Portola and the new Beckwourth Peak Fire Protection District. The agreement was passed with the effective date of June 30, 2024 and two minor changes. Councilmember Bill Powers motioned to approve. A second was made by Mayor Pro-Tem Jim Murphy.

The roll call vote:
5 Aye Mayor Pat Morton Aye Mayor Pro-Tem Jim Murphy Aye Councilmember Bill Powers Aye Councilmember Leah Turner Aye Councilmember Mikki Brown

11. Adjournment
Mayor Morton adjourned the meeting at 6:46 PM
1 MEETING DATE: July 10, 2024
FROM: Susan Scarlett
RE: CSG Agreement for limited services
BACKGROUND:

The City is in the process of recruiting a Community Engagement Officer. As part of the job description this position will handle abandoned vehicles. Until such time as that person is hired and trained it is critical to be able to deal with abandoned vehicles in the City.

At this time staff is asking for an agreement with CSG consultants to have a person one day every two weeks. This would allow the City to process abandoned vehicles and help train the new employee.

RECOMMENDATION:

Approve an agreement with CSG for limited services for a maximum duration July 15, 2024, to December 31, 2024.

FISCAL IMPACT:

Not to exceed $15,000
ATTACHMENTS:

A. CSG CONTRACT FOR CODE ENFORCEMENT - 07-02-2024 (01167889-2) {01167889.DOCX 2 }

CITY OF PORTOLA PROFESSIONAL SERVICES AGREEMENT WITH
CSG CONSULTANTS, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into and effective as of July 15, 2024 (“Effective Date”), by and between the City of Portola, a municipal corporation (“City”) and CSG Consultants, Inc. (“Consultant”) (collectively, the “Parties”).

WHEREAS, the Parties enter into this Agreement forthe purpose of Consultant providing professional services to City under the terms and conditions set forth herein.

THEREFORE , in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows:

1. Services. Consultant shall provide the professional services as described in and in accordance with the schedule set forth in Exhibit A, attached hereto and incorporated herein (“Scope Services”).

2. Compensation.

A. For the performance ofthe Services described in Exhibit A heretoCity shall compensate Consultant on a time-and-materials basis at the compensation rates specified in Consultant's Fee Schedule included in Exhibit B; provided, however, that total compensation for the performance by Consultant of all Services under all Task Ordersshall not exceed fifteen thousand dollars ($15,000) for the term of this Agreement, said amount being referred to herein as the “not-to-exceed” amount.

B. Consultant shall submit detailed monthly invoices reflecting all services performed during the preceding month and including a revised schedule for performance and additional documentation requested by City, asapplicable.

C. Consultant shall be compensated forservices in addition to those described in Exhibit A, only if Consultant and City execute a written amendment to this Agreement describing the additional services to be performed and the compensation to be paid forsuch services. In no case shall the total compensation under this Agreement exceed the “not-toexceed” amount specified in Paragraph A, above, without prior written authorization ofthe City.

D. City’s obligation to pay compensation to Consultant as provided herein is contingent uponConsultant's performance oftheServicespursuanttothetermsandconditions of this Agreement and any amendments thereto. Payment shall be made within thirty (30) days of receipt of Consultant's invoice. Notwithstanding any other provision herein, Consultant shall not be paid any compensation until Consultant has complied with City’s Business License Ordinance.
{01167889.DOCX 2 }

3. Term. The term of this Agreement commences on the Effective Date, and terminates on December 31, 2024, unless sooner terminated in accordance with Section 4.

Upon termination, any and all of City’s documents ormaterials provided toConsultant and any and all of the documents or materials prepared for City or relating to the performance of the Services, shall be delivered to Cityassoon aspossible, butnot laterthan fourteen(14)daysafter termination of the Agreement.

4. Termination. Citymay terminate this Agreement without cause upon ten (10) days’ written notice. City may immediately terminate or suspend this Agreement for cause. Cause for immediate termination or suspension shall include, but not be limited to, any breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon receipt of notice of termination orsuspension for cause, Consultant shall immediately stop all work in progress under this Agreement. In the event of early termination of this Agreement by City, Consultant shall be entitled to payment for all Services performed to the date of termination to the extent such Services were performed to the satisfaction of City in accordance with the terms and conditions of this Agreement. If City terminates this Agreement for cause, Consultant shall be liable to City for any excess cost City incursforcompletion oftheServices.

5. Consultant’s Representation: Independent Contractor. Consultant represents that Consultant possesses distinct skills in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement. Consultant shall, therefore, provide properly skilled and technical personnel to perform all Services under this Agreement. It is expressly understood that Consultant, its agents and employees shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment.

6. Facilities and Equipment. Consultant shall, at its sole cost and expense, finish all facilities and equipment that may be required for furnishing Services pursuant to this Agreement, City shall furnish to Consultant no facilities or equipment, unless the City otherwise agrees in writing toprovide thesame.

7. Licenses. Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in effect and require itssubcontractors, if any, to keep in effect at all times during the term of this Agreement any licenses, permits or other such approvals which are legally required for performing the Services.

8. Time. Consultant shall devote such time to the performance of the Services as may be reasonably necessary for satisfactory performance of Consultant’s obligations pursuant to this Agreement.

9. Inspection. Consultant shall provide City every reasonable opportunity to ascertain that the Services as being performed in accordance with the requirements and intentions of this Agreement. All work done and materials furnished, if any, shall be subject to inspection and approval byCity. The inspection ofsuch work shall notrelieve Consultant of any ofits obligations pursuant to this Agreement.
{01167889.DOCX 2 }

10. Progress Reports. Upon City’s request, Consultant shall provide, in a form acceptable to City, written progress reports of all oral and written observations, opinions, recommendations, analyses, progress and conclusions related to Consultant’s performance of the Services.

11. Confidentiality. In the course of providing services for City, Consultant may have accessto trade secrets and confidential information, disclosure of which is protected or limited by law. Consultant shall not directly or indirectly disclose or use any such confidential information, except as required for the performance of theServices.

12. Conflict of Interest. Consultant represents that it presently has no interest, and covenants that it shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services hereunder.

Consultant further covenants that, in the performance of this Agreement, it shall not employ any subcontractor or person having such a conflict of interest. Consultant represents that no one who has or will have any financial interest under the Agreement is an officer or employee of City. If such conflict of interest arises during this Agreement or any extension, Consultant will immediately advise City and City may, at its sole discretion, immediately terminate this Agreement.

13. . Consultant Not Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

14. Standard of Performance. Consultant shall perform all the Services in a manner consistent with the standards of Consultant’s profession or, if no such professional standard, in a manner consistent with the standards applicable to said Consultant ortype of work. All instruments of service of whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be prepared to comply and conform to the standards of Consultant's type of work. All such instruments of service shall become the sole and exclusive property of City upon delivery of the same.

15. Assignment/Transfer. Consultant shall make no assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City.

16. Subcontractors. Consultant shall directly perform all Services and shall not subcontract any portion of performance of the Services without the prior written consent of City.

Any such subcontractors shall be required to comply, to the full extent applicable, with the terms and conditions of this Agreement. Upon execution of this Agreement, Consultant shall furnish a separate schedule of names and addresses of subcontractors, if any, and shall notify City in advance if changes in subcontractors occur.

17. Statement of Economic Interests. The City may determine that the certain of Consultant’s employees must file a Form 700, Statement of Economic Interests, as required by the City's Conflict of Interest Code. If such is the case, the City Clerk’s office will provide the Consultant with the form and Consultant shall fileform with theCityClerk’s office. Said filing shall {01167889.DOCX 2 }
include an Assuming Office Statement within thirty (30) days of execution of this Agreement, annual statements on or before April 1 of each year, and a Leaving Office Statement within thirty (30) days after termination of this Agreement or any extensionsthereto.

18. Internal Revenue Service Form W-9. The City may determine that the Consultant must file an Internal Revenue Service Form W-9, Request forTaxpayer Identification Number and Certification, as required by City to comply with regulations of the United States Department of the Treasury. If such is the case, the Finance Department shall provide the Consultant with the required form. Consultant shall complete and file the form with City before any payment for Services under this Agreement is rendered.

19. Business License. Consultant shall file and require all its subcontractors to file, a Business License Application as required by the City. The City shall provide the Consultant with the required form. Consultant shall and require all its subcontractors to complete and file the form with the City and shall pay or cause to be paid the business license fee before any payment for Services under this Agreement isrendered.

20. Compliance With All Laws. Consultant and any subcontractors shall fully comply with all applicable local, state and federal rules, law s, regulations and ordinances pertaining to performance of the Services required hereunder, including the Americans with Disabilities Act and any copyright, patent or trademark law. To the extent that any other government agency or entity provides compensation for any Services, Consultant shall comply with all rules and regulations applicable to such fiscal assistance. Consultant's failure to comply with any law(s) or regulations(s) applicable to the performance of the Services hereunder shall, at the discretion of the City, be deemed to constitute a breach of contract.

21. Discrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, ancestry, gender, sexual orientation, age or physical or mental disability in violation of any applicable law.

22. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by:

A. Personal deli very, in which case notice is effective upon delivery; B. Certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; C. Nationally recognized overnight courier,withcharges prepaid orcharged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or
D. Facsimile transmission, in which case notice shall be deemed delivered {01167889.DOCX 2 }
upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient’s time or on a non-business day.

City:

City Manager
City of Portola
35 3rd Avenue
Portola, CA 96122
Email: [email protected]
Phone #:530-832-6800
Consultant:

Cyrus Kianpour
CSG Consultants, Inc.
550 Pilgrim Drive
Foster City, CA 94404
Email: Cont [email protected]
Phone#: (650) 522-2500
{01167889.DOCX 2 }

23. Ownership of Documents. All original papers, documents or computer material on disk or microfilm, and copies thereof, produced as a result ofthis Agreement (collectively “Project Documents”), shall be the property of the City and may not be used by Consultant without the written consent ofCity. Consultant shall provide documents in electronic form in a format required by the City. Copies ofsuch documents or papersshall not be disclosed to others without the written consent of the City Manager or his or her designated representative. City agrees to indemnify and hold Consultant harmless for claims resulting from City’s alteration for another City project, of said Project Documents.

24. Indemnification. Consultant agrees to indemnify, including the cost to defend, theCityand itsofficers, officials, employees, and volunteersfrom and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or its employees or agents in the performance of Services under this Agreement, but thisindemnity doesnot apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City; and does not apply to any passive negligence of the City unless caused at least in part by the Consultant.

25. Insurance. Consultant shall procure and maintain forthe duration ofthis Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by the Consultant, Consultant’s agents, representatives and employees.

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 000 1).

2. Insurance Services Office form number CA 0001 (Ed. 12 /90) covering Automobile Liability, code l (any auto), or code 8, 9 if no owned auto.

3. Workers’ Compensation Insurance as required by the State ofCalifornia and Employers' Liability Insurance. If no employees are utilized, the Consultant shall sign a declaration as described in California Health and Safety Code Section 19825.

4. Professional liability insurance appropriate to the Consultant’s profession. Architects’ and Engineers' coverage is to be endorsed to include contractual liability.

B. Minimum Limits of Insurance. Consultant shall maintain limits no less than the following:
{01167889.DOCX 2 }
I. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $2,000,000 per accident for bodilyinjury and property damage.

3. Workers’ Compensation: statutory limit; Employer’s Liability:
$1,000,000 per accident for bodily injury or disease.

4. Professional liability: $1,000,000 per occurrence or claim as approved by the City’s City Manager.

C. Umbrella or Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance.

Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City.

D. Deductibles and Self-Insured Retention. Any deductibles or self-insured retentions must be declared to and approved by the City and shall not reduce the limits of liability. Policies containing any self-insured retention provision shall provide or be endorsed to provide that the self-insured retention may be satisfied by either the named Insured or the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers, or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

E. Other Insurance Provisions.

I. The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:
a. The City, its officers, officials, employees and volunteers (the “Additional Insureds”) are to be covered asinsureds asrespects liability arising out of work or operations as performed by or on behalf of the Consultant; or automobiles owned, leased; hired or borrowed by the {01167889.DOCX 2 }
Consultant.
b. For any claims related to this Agreement, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it. The Additional Insured coverage under the Consultant's policy shall be at least as broad as ISO Form CG 20 01 04 13.
c. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either Party, unless thirty (30) days prior written notice by certified mail, return receipt requested, has been given totheCity.

2. The Workers’ Compensation endorsement shall contain a Waiver of Subrogation against the City. The Consultant shall provide to the City an endorsement from the Workers' Compensation insurer, if any, agreeing to waive all rights of subrogation against the City for injuries to employees of the Insured resulting from work for the City or use of the City's premises orfacilities.

3. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and /or limits included above shall be available to the City.

Furthermore, the requirements for coverage and limits shall be (I) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater.

F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

G. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Agreement. The endorsements should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to the City’s requirements. All certificates and endorsements are to be received and approved by the City before Services commence. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

H. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor prior to commencement of subcontractor’s work. Consultant agrees to include with all subcontractors in their subcontract the same requirements stated herein including the indemnity and insurance requirements. Subcontractors hired by Consultant agree to be bound to Consultant and the City in the same manner and to the same extent as Consultant is bound to City under this Agreement. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of these indemnity and insurance {01167889.DOCX 2 }
provisions shall be furnished by Consultant to any subcontractor. The Consultant shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and Consultant shall provide proof of compliance to the City. If City is not furnished separate endorsements for each subcontractor prior to the commencement of subcontractor's work, then Consultant shall include all subcontractors as insureds under its policies.

26. Amendment. This Agreement may be amended only by a written instrument executed by both Parties.

27. Litigation. If litigation ensues between City and a third-party which pertains to the subject matter of Consultant's Services hereunder, Consultant, upon request from City, agreesto testify therein at a reasonable and customary fee.

28. Construction. This Agreement isthe product of negotiation and compromise on the part of both Parties and that the Parties agree that, notwithstanding Civil Code Section 1654, any uncertainty in the Agreement shall not be construed against the drafter of the Agreement.

29. Governing Law: Venue; Attorneys’ Fees. This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Portola. Any action arising from or brought in connection with this Agreement shall be venue in a court of competent jurisdiction in the County of Plumas, State ofCalifornia. The prevailing Party in any suit or action regarding this Agreement shall be entitled to an award of its reasonable attorneys’ fees and costs, including the costs of any experts.

30. Non-Waiver. The City’s failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in full force and effect.

31. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

32. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this Agreement shall be construed to create, any benefit or right in any third party.

33. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. Mediation shall be conducted in Portola , California unless the Parties agree to conduct it in a different location.

34. Consultant’s Books and Records.

A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges forservices, or expenditures and disbursements charged tothe City for a minimum {01167889.DOCX 2 }
period of three (3) years or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement.

B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement.

C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager or City Attorney, or a designated representative of these officers. Copies ofsuch documents shall be provided to the City for inspection at Portola City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.

D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained by the City. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor in interest.

35. Headings. The headings used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of any provisions herein.

36. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination or completion of this Agreement for the fullest period of time allowed by law.

37. Entire Agreement. This Agreement, including the exhibits attached hereto and incorporated herein, constitutes the entire agreement between the Parties with respect to the Services, and supersedes all prior agreements or understandings, oral or written, between the Parties in thisregard.
[Signature page to follow]
{01167889.DOCX 2 }

CITY OF PORTOLA
By:

Name: Susan Scarlett
Title: Interim City Manager
Date:

CSG CONSULTANTS,
INC.

By:

Name: Cyrus Kianpour
Title: President
Date:
{01167889.DOCX 2 }

EXHIBIT A

SCOPE OF WORK
CSG will assist the City in managing Code Enforcement complaints and cases including to complaint, intake, responding to complaints, inspections, noticing, vehicle enforcement, and any other related duties as needed at the direction of the City Manager.

CSG utilizes best practices and commonly used tools in code enforcement, including administrative remedies, and will focus and attempt with early notifications. The use of courtesy notices, door hangers (if applicable), and verbal communication will always be the initial approach. This is in great part that it is known that once a party is aware of issues, they are often willing to comply and bring violations into compliance. Additionally, CSG will assist in and provide training of City staff to assure continuation of these practices and services to best serve the community.

CSG will represent the City to address inoperative vehicles and current or outstanding cases, especially those with health and safety concerns. Our focus is always to work as collaboratively as possible, and to guide cases and solutions towards self-compliance. Additional issues involving blight or visual impacts, along with any other code related concerns will also be addressed.

The strongest emphasis will be to address the community’s inoperable and abandoned vehicle concerns. Our team members implement and enforce regulations managed by the local vehicle authority in accordance with California Highway Patrol’s (CHP) HP-1 guidelines. Our officer(s) will implement appropriate action consistent with the municipal codes and local authority’s regulations in identifying inoperative and abandoned vehicles, properly noticing property and vehicle owners, and carrying out abatements actions as needed. CSG team members will work closely with the city and local authority in the documentation process, and will offer recommendations to current policies when applicable.
{01167889.DOCX 2 }

EXHIBIT B

FEE SCHEDULE

CODE ENFORCEMENT SERVICES
CSG’s fee schedule for its Code Enforcement services is provided in the table below. Our hourly rates cover general overhead expenses such as mileage and most other equipment necessary to execute the job requirements.

PERSONNEL HOURLY RATE
Code Enforcement Manager $210
Senior Code Enforcement Officer $160
Code Enforcement Officer II $130
Code Enforcement Officer I $105
Overtime Rate (in excess of 8 hours per day) 1.5 x Hourly Rate All hourly rates include overhead costs including, but not limited to, salaries, benefits, workers’ compensation insurance, travel and office expenses. Overtime services and services provided outside of normal business hours will be billed at 1.5x the applicable hourly rate. “On Call” work performed outside of any regular assignments, will be billed on a four-hour minimum basis. On July 1 of each year following the contract start year, CSG will initiate a rate increase based on change in CPI for the applicable region. CSG will deliver an invoice every month for services rendered during the previous month.

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