1 City of Portola
AGENDA
Regular Meeting
January 08, 2025 06:00 PM
35 Third Ave, Portola, CA 96122
https://www.cityofportola.com/
Mayor Jim Murphy • Mayor Pro-Tem Bill Powers • Councilmember Leah Turner • Councilmember Mikki Battaglia • Councilmember Pat Morton
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 for regular meetings will also be accepted via email sent to the Administrative 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.
2 1. Call to Order
A. Roll Call
B. Pledge of Allegiance
2. Public Comments
Discussion Comment
This section is intended to provide members of the public with an opportunity to comment on any subject that does not appear on this agenda. Please note that California law prohibits the City Council from taking action on any matter which is not on the posted agenda, unless it is determined to be an urgency item by the City Council. Any member of the public wishing to address the City Council during “PUBLIC COMMENT” shall first secure permission of the presiding officer, stand; may give his/her name and address to the Clerk for the record. Each person addressing the City Council shall be limited to five minutes ordinarily, unless the presiding officer indicates a different amount will be allotted.
3. City Communications
Discussion Comment View Item
A. City Council Communications
B. Reports: Beckwourth Peak Fire Protection District/Plumas County Sheriff/Northern Sierra Air Quality District
C. Staff Communications
D. City Manager Report
4. 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. 2602 authorizing payment of claims for Payroll for the period November 11, 2024 through December 27, 2024 and Accounts Payable for the period of November 12, 2024 through December 25, 2024.
Total Accounts Payable Claims: $165,364.51
Total Payroll Claims: $75,246.43
Total Claims: $240,611.12
B. Minutes of the Regular meeting December 11, 2024- Approve the minutes of the Regular meeting from December 11, 2024.
C. Renewal of Proclamations:
State of Emergency Gold Complex Fire July 22nd, 2024
State of Emergency Winter Storms January 27th, 2023
3 5. Mayoral appointments
Discussion Possible Action Comment View Item
Review, discuss, and make changes to current committees, boards, and commissions. Make appointments based on Mayor's suggestions.
6. Installation of Bridge Monitoring Equipment Agreement- Water & Earth Technologies, Inc.
Discussion Possible Action Comment View Item
Review staff report on installation of bridge monitoring equipment agreement. Council action on staff suggestions.
7. Ratify Agreement for Law Enforcement Services
Discussion Possible Action Comment View Item
Plumas County Counsel has requested that the City ratify the contract. The City Council approved the contract in the Special Meeting held on 07/25/2024. The contract has not been modified since approved.
8. Draft Budget Schedule 2025-2026 Fiscal Year
Discussion Possible Action Comment View Item
Finance Officer Susan Scarlett will review the Draft Budget Schedule.
Discuss the dates for City Council involvement in the process.
9. Adjournment
Document Name City Manager Report
Document Number TBD Revision Letter A
Document Location Server Revision Date 12/06/2024
Document Type Report Council Adoption Date Not Applicable Resolution No. Not Applicable
Page
1 | 5
City Manager Report
01/08/2025
General Updates
Gulling Street Bridge
• Automated monitoring system installation:
o Contract and project process is being presented to the Council in an agenda item during this meeting
o Scheduled for the week of 01/13/2025 with all parties o Upon completion of installation staff will be able to observe monitoring data continuously
• FEMA Funding:
o Working with Engineering Consultants, staff submitted the FEMA Request for Information (RFI) concerning Environmental Historical Preservation (EHP) on 12/20/2024 ahead of the 12/27/2024 deadline o FEMA is reviewing City responses
o Staff is in constant communication with FEMA Program Delivery Manager to continue to push the effort forward
• Additional Resources:
o Staff has engaged additional Cal OES resources to assist with coordinating efforts between all entities involved
Deputy PA Group Supervisor assigned to Plumas County
Regional Manager
o Meeting held with Cal OES on 12/30/2024 and 01/06/2025 Document Name City Manager Report
Document Number TBD Revision Letter A
Document Location Server Revision Date 12/06/2024
Document Type Report Council Adoption Date Not Applicable Resolution No. Not Applicable
Page
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Code Enforcement
• Since starting in August, Public Engagement Officer Brian Attama has made substantial progress with our abandoned vehicle abatement (AVA) and parking ordinance efforts
Type Number Action/Response
Vehicles 31
• 13 removed from street by registered
owners
• 18 towed under AVA program
Travel Trailers 8 • All 8 complied and have been relocated Utility Trailers 5 • All 5 complied and have been relocated Trailered Boat 1 • Complied and has been relocated
TOTAL 45
• Additional Activities:
o Public Nuisances
Six (6) cases pertaining to rubbish and other infractions on property were opened
Significant progress has been made on removing rubbish and addressing the violations
One (1) of the cases is fully closed having achieved
compliance with code
o Damaged Properties
One (1) property has been secured and marked unsafe to occupy preventing the public from entering the building Two (2) additional properties were identified, and cases have been opened on both parcels
o Other
Three (3) properties were reported to the City for code violation(s) and cases have been opened to address the
violation(s)
Engagement with the property owners has begun and courtesy notifications have been made in order to begin the process of seeking compliance
Document Name City Manager Report
Document Number TBD Revision Letter A
Document Location Server Revision Date 12/06/2024
Document Type Report Council Adoption Date Not Applicable Resolution No. Not Applicable
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Public Works (PW)
• Daily potholing efforts continue while weather is mild • Adjusting manhole lids underway for additional prep for snow removal • Currently reviewing 2025 initiatives with Management
Planning
• Update meeting held on 12/18/2024 with Karen Downs (Planning Consultant) o Continuing to work through long range and current planning items • Development Agreement- Portola 192:
o Meeting held on 12/30/2024 with all parties involved
o Developer to submit a summary of the current status and proposed next steps for Council review
Community Stakeholders
• Sierra Buttes Trail Stewardship
o Met with Kyle Stone and Martin Scheel to discuss the Lost and Found Gravel Festival on 12/17/2024
o Expected turnout is anticipated to match previous year efforts • Feather River College
o Met with President Kevin Trutna on 12/18/2024
• Intermountain Disposal
o Met with CEO Richard Ross on 12/23/2024 to discuss contract, engagement with City residents to meet their needs, and overall working relationship between parties
Document Name City Manager Report
Document Number TBD Revision Letter A
Document Location Server Revision Date 12/06/2024
Document Type Report Council Adoption Date Not Applicable Resolution No. Not Applicable
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Public Relations
City Website Enhancements
• Initial website maintenance has been completed
• Discussions now focusing on enhancing the user experience o Staff will examine website:
Structure
Design
Functionality
Content
o Goals:
Enhance user experience
Increase content accessibility and navigation overall Increase in outbound communication to public
Interactive capabilities where feasible
o Target Completion:
Q1 2025
• Electric vehicle charging station news update posted to website providing an overview on the project
o Multiple businesses have advertised the charging station as an asset and the public has begun utilizing the station for charging Public Records Requests (PRR)
2024 Total PRR1
107
2023 Total PRR
35 2023 to 2024
Percent Increase
206%
Document Name City Manager Report
Document Number TBD Revision Letter A
Document Location Server Revision Date 12/06/2024
Document Type Report Council Adoption Date Not Applicable Resolution No. Not Applicable
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December 2024 PRR Metrics
Total Number of PRR 11
Number of Unique Requestor(s)2 3
Number of Repeat Requestor(s)3 8
1 Total PRR indicates PRR entered via the CivAssist system during the calendar year 2 Unique Requestor(s): Individuals or entities that have submitted at least one request within the reporting period, with each requestor counted only once
3 Repeat Requestor(s): Individuals or entities that submit multiple requests over the reporting period 3 3
1 8
3 28
17 10
15 8
11 JAN FEB APR MAY JUN JUL AUG SEP OCT NOV DEC
2024
Monthly PRR Total
Resolution No. 2602 January 8th, 2025
RESOLUTION NO. 2602
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTOLA
AUTHORIZING PAYMENT OF CLAIMS FOR PAYROLL FOR THE PERIOD NOVEMBER 30, 2024, THROUGH DECEMBER 27, 2024 AND ACCOUNTS
PAYABLE FROM
DECEMBER 12, 2024, THROUGH DECEMBER 25, 2024
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.
Check Nos: Amount
46567-46604 $165,364.51
Total Accounts Payable $165,364.51
Payroll:
11/30/2024-12/13/2024 $35,800.74
12/14/2024-12/27/2024 $39,445.69
Total Payroll $75,246.43
Total Claims $240,611.12
PASSED, APPROVED AND ADOPTED this 8th day of January 2025, by the following vote:
AYES: _______________________
NOES: _______________________
ABSTAIN: ___________________
ABSENT: ____________________
Jim Murphy, Mayor
ATTEST:
_______________________________
Malachi Mansfield, Deputy City Clerk
I, Malachi Mansfield, 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 of the City of Portola at a regular meeting thereof held on January 8th, 2024.
________________________________
Malachi Mansfield, Deputy City Clerk
1 City of Portola
Minutes
Regular Meeting
December 11, 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. Roll Call
Present: Mayor Pat Morton, Mayor Pro-Tem Jim Murphy, Councilmember Bill Powers, Councilmember Leah Turner
Absent: Councilmember Mikki Battaglia
Staff Present: Ryan Bonk - City Manager, Susan Scarlett - Finance Officer, Malachi Mansfield - Deputy City Clerk, Steve Gross - City Attorney B. Pledge of Allegiance
Led by Mayor Pat Morton
2. Public Comments
Lindsey Shaw, Ashlee Sims, Deborah Bress made comments on a range of topics.
3. Council Reorganization
Annually the City Council reorganizes and changes Mayor and Mayor Pro Tem.
Councilmember Turner nominated Mayor Pro Tem Jim Murphy for Mayor and Councilmember Bill Powers for Mayor Pro Tem.
Councilmember Leah Turner motioned to approve. Mayor Pat Morton seconded the motion.
The roll call vote:
Aye Mayor Pat Morton Aye Mayor Pro-Tem Jim Murphy Aye Councilmember Bill Powers Aye Councilmember Leah Turner Absent Councilmember Mikki Battaglia
4. City Communications
A. City Council Communications
Mayor Pro Tem Powers: Mayor Pro Tem Powers met with representatives from Sierra County. During the meeting, there was discussion of the need for access to food, housing, 2 and transportation. An example of funds being used through grants included sub-grantees receiving $250,000 for the restoration of abandoned housing in the area affected by the Dixie fire.
Councilmember Pat Morton: Councilmember Pat Morton attended a Transportation Commission meeting and a LAFCo meeting.
Mayor Jim Murphy: Mayor Jim Murphy has scheduled more LAFCo meetings in the future.
Councilmember Leah Turner: Councilmember Leah Turner had nothing to report.
B. Reports: Beckwourth Peak Fire Protection District/Plumas County Sheriff/Northern Sierra Air Quality District.
There were no updates from the agencies.
City Manager Bonk reported that a meeting took place between City Manager, Ryan Bonk, Finance Officer Susan Scarlett, Fire Chief Jack Rosevear and BPFPD President Rich McLaughlin to establish a working relationship and plan future meetings.
C. Staff Communications
No Reports
D. City Manager Report (Attached)
City Manager Ryan Bonk presented the City Manager's report in detail.
City Hall is now fully staffed.
Public Works has engaged in preparing for storm response significant rainfall. Sandbags were made available to the public.
The Gulling St. Bridge- The contract for the monitoring system installation is being finalized.
There was a planning meeting done with Karen Downs.
There is a plan in place to continually update the city's website.
Social media is not currently in use.
The volume and frequency of the public records requests were reviewed and discussed. Mr.
Bonk noted that in recent months the number of requests has risen sharply, and often times coming from the same individuals.
5. Consent Agenda
A. Claims - Adopt Resolution No. 2600 authorizing payment of claims for Payroll for the period October 10, 2024 through December 11, 2024 and Accounts Payable for the period of November 14, 2024 through December 11, 2024.
Total Accounts Payable Claims: $222,920.84
Total Payroll Claims: $135,496.92
Total Claims: $358,417.76
3 B. Minutes of the Regular meeting November 13, 2024- Approve the minutes of the Regular meeting from November 13, 2024
Public Comment- Deborah Bress
Adoption of Resolution No. 2600 and approval of the minutes of the Regular Meeting for November 13, 2024
Mayor Jim Murphy motioned to approve. Mayor Pro-Tem Bill Powers seconded the motion.
The roll call vote:
Aye Councilmember Leah Turner Aye Mayor Jim Murphy Aye Mayor Pro-Tem Bill Powers Aye Councilmemeber Pat Morton Absent Councilmember Mikki Battaglia
6. Refuse Collection Rate Increase 2025 – Public Hearing for Resolution No. 2601 A public hearing was be held to receive public comment on the rate increase. The rate increase proposed is a 3.60% increase starting on January 1st 2025.Tom Valentino, a consultant for the city, made comments that the proposed rate increase is justified. Mayor Murphy opened the public hearing. There were no public comments. City Manager Bonk reported on the number of protests received. The public hearing was closed.
Resolution No. 2601 was then presented for 2025 Refuse Collection Rates. The resolution was adopted.
Councilmember Leah Turner motioned to approve. Mayor Pro-Tem Bill Powers seconded the motion.
The roll call vote:
Aye Councilmember Leah Turner Aye Mayor Jim Murphy Aye Mayor Pro-Tem Bill Powers Aye Councilmemeber Pat Morton Absent Councilmember Mikki Battaglia
7. 2024 City Audit
Finance Officer Scarlett reviewed the city audit for the 2023-2024 Fiscal year. The city audit was an unqualified audit also known as a clean audit. Mayor Pro Tem Powers commented on the financial health of the city. The City council moved to accept the audit.
Deborah Bress made a comment
Councilmember Leah Turner motioned to approve. Councilmember Bill Powers seconded the motion.
The motion passed with the following vote:
4 In Favor Opposed
Abstained 1 Absent Recused
8. American Rescue Plan Act
In 2021-2022 the City of Portola received $461,697 of Fiscal Recovery Funds as part of the 4 pandemic recovery efforts. The City Council approved the use of the funds for Community Clean up and the purchase of the tax lien properties.
The balance of the funds available is $87,809.75. This must be obligated by 12/31/2024 and liquidated (spent) by 12/31/2026. The recommendations by staff are to spend the remaining funds in the manner as follows:
Quote from Global industrial* for fountains $62,591.16 (* an Omnia Partner) Estimated installation costs for concrete pad, water hookup and staff time for fountain and dog park projects $15,000
Estimate for materials for the dog park $7,337.10
Contingency/or revenue replacement estimate $2,881.49
There was discussion of other possible uses of the funds. Finance Officer Scarlett explained that the funds were not usable for other programs such as road work except under certain circumstances. She also explained that health was a major factor in the rules for these funds.
Councilmember Leah Turner motioned to approve. Mayor Pro-Tem Bill Powers seconded the motion.
The roll call vote:
Aye Councilmember Leah Turner Aye Mayor Jim Murphy Aye Mayor Pro-Tem Bill Powers Aye Councilmemeber Pat Morton Absent Councilmember Mikki Battaglia
9. Update the salary schedule in compliance with California Code of Regulations 570.5 Finance Officer, Susan Scarlett explained that the city is required by the California Code of Regulations to have an updated pay schedule that is publicly available. Once approved this will replace the schedule that is currently on the city's website.
City Manager Ryan Bonk recused himself from the conversation as it has to do with his monetary compensation.
There was no public comment.
Councilmemeber Pat Morton motioned to approve. Mayor Jim Murphy seconded the motion.
The roll call vote:
Aye Councilmember Leah Turner Aye Mayor Jim Murphy Aye Mayor Pro-Tem Bill Powers Aye Councilmemeber Pat Morton Absent Councilmember Mikki Battaglia
10. City Policy on Communication and Engagement Restrictions for Active Legal Matters City Manager Ryan Bonk introduced a policy that outlines the procedures and restrictions for elected and appointed City Officials and City staff when interacting with individuals or parties engaged in active or threatened legal claims or matters against the City of Portola. City Attorney Steve Gross clarified further. This item was tabled for a future agenda.
11. Closed Session
5 A. Conference with Legal Counsel - Existing Litigation Pursuant to Gov. Code Section 54956.9 (d)(1) – Claim of Jason Shaw
No Action
B. Conference with Legal Counsel - Existing Litigation Pursuant to Gov. Code Section 54956.9 (d)(1) – Claim of Lindsey Shaw
There was no reportable action from Closed Session.
12. Adjournment
The meeting of the city council adjourned at 7:55 p.m.
1 MEETING DATE: January 8, 2025
AGENDA ITEM: 5. Mayoral appointments
FROM: Malachi Mansfield
RE: Council Committees, Boards and Commissions
BACKGROUND:
Annually the Council reviews appointments to Council Committees, Boards and Commissions.
Traditionally, following an election and reorganization of the Council, the Mayor makes appointments to vacancies at the first meeting in January.
Below staff has outlined the current Council Committees, Boards and Commissions with information regarding their 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 for all/some or none of the below.
RECOMMENDATION:
Regional Commissions/Committees/Boards
Airport Land Use Commission
Bill Powers
Jim Murphy
Abandoned Vehicle Abatement
Susan Scarlett
Leah Turner
Plumas County Integrated Waste Management Task Force
Mikki Battaglia
Bill Powers (alternate)
Plumas LAFCo
Bill Powers
Jim Murphy
2 Pat Morton (alternate)
DEAL
Bill Powers
Transportation Commission
Pat Morton
Bill Powers
Susan Scarlett
SCORE
Ryan Bonk
Malachi Mansfield (Alternate)
City of Portola Committees
Emergency Services Policy Committee (needs to be Mayor and CM) Jim Murphy
Ryan Bonk
Leah Turner
Finance and Administration
Jim Murphy
Pat Morton
Infrastructure Committee
Jim Murphy
Bill Powers
Community Development
Leah Turner
Bill Powers
.
Ad Hoc Committees
Power Outage Plan
Bill Powers
Mikki Battaglia
1 MEETING DATE: January 8, 2025
AGENDA ITEM: 6. Installation of Bridge Monitoring Equipment Agreement- Water & Earth Technologies, Inc.
FROM: Ryan Bonk
RE: Installation of Bridge Monitoring Equipment Agreement- Water & Earth Technologies, Inc.
BACKGROUND:
The City and engineering consultants from MGE have been coordinating efforts for the procurement of hardware, fabrication, assembly, programming, and testing of monitoring equipment for the Gulling Street Bridge since the City Council approved a not to exceed amount of $65,000.00 for the project on October 9, 2024.
Staff has determined that a contractor is required to complete the installation of bridge monitoring equipment for the Gulling Street Bridge Project and is presenting the City Council with the contract for installation.
EXECUTIVE SUMMARY:
This project is for the installation of the scour monitoring system at the Gulling Street Bridge.
The scour monitoring system will be provided by ETI Instruments, Inc. and will consist of four (4) tilt sensors, one (1) NEMA enclosure containing a Campbell Scientific data logger, cell modem (Verizon), 12v battery, solar panel and solar charging regulator. The NEMA enclosure will be mounted to the guardrail of the bridge. The four (4) tilt sensors will be mounted at locations specified by MGE Engineering. Once installed, the system will be tested to ensure sensor readings are sent to the Bridge Monitor Cloud Software (supplied by Trilynx Systems, Inc.) for data storage, analysis, visualization and alarm notification.
FISCAL IMPACT:
The estimated cost breakdown to the City for the project is detailed below. All quotes associated with this project are attached to this staff report for reference.
Hardware, fabrication, assembly, programming, and bench testing= $40,288.00 Installation= $14,830.00
Boom Lift Rental= $5,067.66
2 Total= $60,185.66
The total cost is under the not to exceed amount of $65,000.00 approved by the City Council during the 10/09/2024 Regular Meeting.
The City will rent the required 135' telescopic boom lift for one week from H&E Equipment Services. The City received two (2) quotes for the rental with H&E Equipment Services being the lower of the two while offering the 135' with United Rentals offering 125' boom lift.
ALTERNATIVES CONSIDERED:
Staff considered the alternative of having the installation contractor rent the required boom lift. This alternative presented additional logistical challenges. The City has a relationship with the rental companies and was determined to be a better fit to coordinate this effort for the project.
RECOMMENDATION:
Staff recommends that the Council approve the Agreement with Water & Earth Technologies, Inc. for the installation of bridge monitoring equipment. Staff also recommends approval for the City to rent the required boom lift for the installation.
ATTACHMENTS:
A. AGREEMENT WITH WATER & EARTH TECHNOLOGIES - BRIDGE MONITORIG EQUIP FINAL B. WET INSTRUMENTATION INSTALLATION QUOTE XPMG001
C. ETI-QUOTE#-202064-CITY OF PORTOLA - SCOUR.XLSX - GOOGLE SHEETS D. H&E EQUIPMENT SERVICES QUOTE
E. UNITED RENTALS QUOTE
1 AGREEMENT
This Agreement is entered into as of the 8th day of January 2025, by and between the City of Portola, a California municipal corporation (the “City”) and Water & Earth Technologies, Inc. a Colorado corporation with its principal place of business located in Severance, Colorado (“Contractor”). City and Contractor may be referred to herein individually as “Party” or collectively as “Parties”. The Parties hereto agree as follows:
1. DESCRIPTION OF WORK. Contractor agrees, for the consideration and under the terms and conditions hereinafter set forth, to furnish and transport all necessary labor, materials, tools, implements, and appliances required to perform and completely finish in a workmanlike manner to the satisfaction and approval of the City, free of any and all liens and claims of laborers, materialmen, suppliers, and subcontractors, and in conformity in all respects with all applicable federal, state, county and town ordinances, rules, and regulations, the Project which is described as follows:
The Gulling Street Bridge Scour Monitoring System Installation Project The Project is for the installation of the scour monitoring system at the Gulling Street Bridge. The scour monitoring system will be provided by ETI Instruments, Inc. and will consist of four (4) tilt sensors, one (1) NEMA enclosure containing a Campbell Scientific data logger, cell modem (Verizon), 12v battery, solar panel and solar charging regulator. The NEMA enclosure will be mounted to the guardrail of the bridge. The four (4) tilt sensors will be mounted at locations specified by MGE Engineering. Once installed, the system will be tested to ensure sensor readings are sent to the Bridge Monitor Cloud Software (supplied by Trilynx Systems, Inc.) for data storage, analysis, visualization and alarm notification. Contractor will provide one fully equipped field service vehicle and two field engineers to install and test the system. Any required permitting and traffic control is not included in this quote and is assumed to be provided by MGE Engineering. To assist in the installation the City of Portola will provide an extending boom lift.
B. The City shall obtain and pay for all required building permits and shall pay any other permit fees, plan check fees, and any similar charges required by public agencies in connection with the Project.
2. EXTRA WORK. If at any time the City desires to make any changes to Project, it may do so and the same shall in no way affect or make void this Agreement, but no such changes shall be made except on the City's written request. Any such changes that decrease the cost of the Project shall be evaluated on a lump-sum basis and this amount shall be deducted from the Contract Price. Any such changes that increase the cost of the Project shall at the City's option be evaluated (1) on a lump-sum basis, the amount thereof to be agreed on in writing before the initiation of such change or (2) on the basis of Contractor’s actual out-of-pocket expenses plus ten percent (10%).
This extra work shall be held to be completed when the entire Project, as amended by any changes, is finished. No premium rate for overtime, weekend or holiday work is authorized by the City.
3. TIME FOR COMMENCEMENT AND COMPLETION. Contractor agrees to commence work within seven (7) calendar days after receiving notification to do so from the City, and agrees to carry out the Project at all times with the greatest possible dispatch and to complete the entire Project under this Agreement, as may be amended, no later than February 14, 2025.
4. CONTRACT PRICE. The City shall pay Contractor for such labor and materials the total sum Fourteen Thousand Eight Hundred Thirty Dollars ($14,830.00) as follows: The City agrees to make progress payments to Contractor on or about the fifteenth (15th) day of each month in an amount equal to ninety percent (90%) of the portion of the Contract Price allocable to labor, materials and equipment incorporated into the Project, less the aggregate of previous payments. Requests for payment must be submitted to the City by the 25th day of each month for verification and approval by the City. Upon completion of the Project, the remaining ten percent (10%) of the Contract Price will be paid after the Project is inspected and accepted by the City or the City’s Engineer, a Notice of Completion is recorded, and the property is free of all possible liens related to the Contractor's performance.
5. TERMINATION OF CONTRACT/DAMAGES.
A. Should Contractor at any time during the progress of the Project refuse or neglect to supply sufficient materials or workmen to complete the Project for a period of more than seven (7) days after having been notified by the City to furnish them, or should Contractor at any time during the progress of the work refuse or fail to make prompt payment to subcontractors, laborers or materialmen for labor performed on or materials furnished to the Project for a period of more than seven (7) days after having been notified by the City to make said payments, the City may terminate this Agreement and contract for completion of the work or complete the work itself and make good any deficiencies and may deduct the costs thereof, including all expenses and attorneys’ fees, from the payment then or thereafter due to the Contractor. On completion of said Project by the City or the City's agent, if the unpaid balance of the Contract Price exceeds the actual expenses, including attorneys' fees, incurred by the City 2 in completing the Project, such excess shall be promptly paid by the City to Contractor. If, however, on completion of the Project by the City or the City’s agents, the expenses, including attorneys' fees, incurred by the City in completing the Project exceed the unpaid balance of the Contract Price, such excess shall be promptly paid by Contractor to the City. Additionally, upon default under this Agreement by Contractor, the City may recover from Contractor all damages allowed by law.
B. Should the City fail to pay Contractor within seven (7) days after payment becomes due as provided herein any amount payable by the City to Contractor pursuant to this Agreement, Contractor may, following seven (7) days’ written notice thereof to the City, terminate his services under this Agreement until all past-due payments have been received by Contractor or are set aside in an escrow; and, additionally, Contractor may recover from the City all damages allowed by law.
6. DISCHARGE OF LIENS. If at any time during the progress of the work or before the final payment is made, any lien or claim of lien is filed, or notification to withhold money for labor or materials furnished by or through Contractor under this Agreement is served on the City, the City shall have the right to withhold from any payment due Contractor, an amount equal to one and one-half (1-1/2) times the amount of any or all such liens or claims. If Contractor has not settled the liens or claims by the date of completion of the Project, the City shall have the right, but shall not be obliged, to discharge any and all such liens or claims out of the withheld money.
7. INDEMNITY AGREEMENT. Contractor shall indemnify and save harmless the City and its agents and servants, and each of them, of and from any and all claims, demands, causes of action, damages, costs, expenses, losses, or liabilities, in law or in equity, of every kind and nature whatsoever, for, but not limited to, injury to or death of Contractor, any subcontractor, or any employees of the City, Contractor, or any subcontractor, or any other person, and damages to or destruction of property of the City or any other person, arising out of or in any manner directly or indirectly connected with the work to be performed under this Agreement, however caused, regardless of any negligence of the City or its agents or servants, be it active or passive, except the sole negligence or willful misconduct of the City or its agents or servants. Said indemnification shall include the defense of any actions or other legal proceedings and reimbursement of attorneys' fees and other legal expenses incurred by the City and shall include any and all penalties imposed upon the City on account of the violation of any law or regulation by Contractor.
8. INSURANCE.
A. Before commencement of any work under this Agreement, Contractor shall take out and thereafter during the life of this Agreement maintain in full force and effect an insurance policy written upon a form and by a company which meets with the approval of the City, insuring the City, its officials, officers, agents and employees against loss or liability which may arise during the work on the Project, or which may result from any of the work herein required to be done, including all costs of defending any claim arising as a result thereof. The minimum limits of such policy shall be in the amount of $1,000,000 for the death of or injury to any person in any one accident, and $2,000,000 for the death of or injury to more than one person in any one accident, and $100,000 for property damage in any one accident. Said policy shall be written in favor of Contractor and all subcontractors and also in favor of the City, its officials, officers, agents, and employees, and shall be maintained in full force and effect until the Project is unconditionally accepted by the City. This insurance policy shall state by its terms that it shall not be canceled without thirty (30) days’ written notice thereto having been given to the City. The insurance policy shall also state that for any claims related to this Agreement, Contractor’s insurance shall be primary and any insurance or self-insurance maintained by the City, its officials, officers, agents or employeesit shall not contribute with it.
B. Before commencement of any work under this Agreement, Contractor shall take out and thereafter during the life of this Agreement, maintain in full force and effect compensation insurance covering Contractor’s full liability for compensation to any person or persons who are or may be engaged in the execution of the work done under this Agreement, and to the dependents of such person or persons in compliance with all Workers 'Compensation Insurance and Safety Laws of the State of California and amendments thereto.
C. Written proof of compliance with these requirements (a) and (b), including certificates of insurance and endorsements to policies, shall be filed with and approved by the City before commencement of the Project.
Contractor shall pay any and all deductibles required by these insurance policies.
3 9. CONTRACTOR’S WAIVER. Contractor agrees to waive the provisions of California Civil Code Section 2819 with respect to Contractor and any surety engaged by Contractor to provide a performance, payment, or maintenance bond pursuant to the terms of this Agreement.
10. UNAVOIDABLE DELAYS AND DEFAULTS. Either Party, Contractor or the City, shall be excused for any delays or defaults by it in the performance of this Agreement unavoidably caused by the act of the other, or the agents or subcontractors or suppliers of the other, and the Contractor shall be excused for any delays or defaults caused by Acts of God that Contractor could not have reasonably foreseen and provided for, by stormy weather which prevents the work, by strikes, by walk-outs, by civil disorders, by boycotts, or by failure to obtain the necessary materials due to governmental acts, restrictions or regulations, and the time for completion of the Project shall be extended thereby.
11. NOTICE OF COMPLETION. The City shall sign and file for record within five (5) days after the completion of the Project according to the Plans and Specifications, and after a final inspection by the City, its architect and engineer and by the Building Department, and after approval of the Project as fully completed by the City, a Notice of Completion. The recording of said Notice of Completion shall not be a waiver of any rights which the City may have against Contractor.
12. EMPLOYMENT - NON-DISCRIMINATION. Contractor shall comply strictly with applicable federal, state, and local requirements relating to the establishment of non-discriminatory practices in hiring and employment.
13. GUARANTEE. Contractor guarantees that all equipment, materials, supplies, and work furnished on the Project will be free from faulty materials and workmanship and guarantees same against defects in products and workmanship.
14. LAWS AND REGULATIONS. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations relating to the Project. If Contractor observes that the work required under this Agreement is at variance therewith, he shall promptly notify the City in writing, and any necessary changes shall be adjusted as provided in the Agreement for changes in the work. If Contractor performs any work contrary to such laws, ordinances, rules and regulations, and without written notice to the City, he shall bear all costs arising therefrom.
15. PREVAILING WAGES AND THE EMPLOYMENT OF APPRENTICES. Contractor shall comply with provisions of the Labor Code related to the payment of prevailing wages and the employment of apprentices, including that Contractor be registered with the California Department of Industrial Relations to perform public works projects and to prepare and submit certified payroll records. The City has determined the general prevailing rates of wages applicable to the work to be done. These rates are set forth in a schedule located at the City office; said schedule is available to any interested Party on request. The Contractor shall post a copy at the jobsite.
16. CUSTOMER RELATIONS. Contractor agrees that its personnel and equipment shall at all times present a neat appearance; all work shall be done, all contacts with customers and all complaints handled with due regard for the City's public relations. Contractor agrees that complaints of any nature received from the public or from public authorities shall receive immediate attention. All complaints and any action taken by the Contractor with respect to such complaints shall be reported to the City.
17. CLEAN UP. Contractor shall keep the work site reasonably clear during the progress of the work. Before this Agreement shall be considered complete, Contractor shall clean out ditches that may have been filled during the work, replace damaged surfacing, remove surplus materials and trash, dispose of brush, repair all damages, and otherwise leave the Project in a neat, orderly and workmanlike condition. The surface of the land surrounding the job site shall be returned to its natural contour and condition, and exposed and unsightly stumps, boulders or rocks shall be removed. If the Contractor fails to clean-up, the City may do so and the cost thereof shall be charged to the Contractor.
18. CLAIM BY CONTRACTOR. Any claim brought by a contractor in an amount of $375,000 or less which arises out of the terms of this Agreement shall be filed and thereafter adjudicated pursuant to California Public Contract Code Sections 20104-20104.6, which provide for the filing of a written claim, consideration of the claim by the City, an opportunity to meet and confer, and the possibility of judicially-ordered mediation and/or arbitration. 4 Contractor is advised that Public Contract Code Sections 20104-20104.6 contain strict time limits and procedural requirements, and contractor is advised to consult with an attorney in the event that it desires to file a claim with the City.
19. WORK INVOLVING TRENCHING OR EXCAVATION. For any work which involves digging trenches or other excavations that extend deeper than four feet below the surface, the Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site differing from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work shall issue a change order according the procedure described above. In the event a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the cost of, or performance of any part of the work, the contractor shall not be excused from any scheduled completion date provided by this Agreement, but shall proceed with all work to be performed under this Agreement.
The Contractor shall retain any and all rights provided either by this contract or by law which pertain to resolution of disputes and protests between contracting Parties.
20. ATTORNEYS’, EXPERTS’ AND CONSULTANTS' FEES. In the event of any litigation concerning any controversy, claim or dispute between the Parties hereto, arising out of or relating to this Agreement or the breach hereof, or the interpretation hereof, the prevailing Party shall be entitled to recover from the losing Party reasonable expenses, attorneys' fees, experts' fees and consultants’ fees, and costs incurred therein or in the enforcement or collection of any judgment or award rendered therein.
21. ASSIGNMENT. Neither Party may assign this Agreement, or payments due under the Agreement, without the written consent of the other Party.
22. GOVERNING LAW. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California.
23. FORUM. Any 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 courts in the County of Plumas, State of California.
24. SOLE AND ONLY AGREEMENT. This Agreement, including any exhibits attached hereto, constitutes the sole and only Agreement of the Parties hereto relating to the Project and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect.
25. CITY POWERS. Nothing herein contained shall be deemed to limit, restrict or modify any right, duty or obligation given, granted, or imposed upon the City by the laws of the State of California now in effect, or hereafter adopted, nor to limit or restrict the power or authority of the City.
26. TIME OF ESSENCE. Time is of the essence in this Agreement.
27. SEVERABILITY. In the event that any part or provision of this Agreement is found to be illegal or unconstitutional by a court of competent jurisdiction, such findings shall not affect the remaining parts, portions, or provisions of this Agreement.
5 CONTRACTOR: CITY:
WATER & EARTH TECHNOLOGIES, INC. CITY OF PORTOLA
By: ______________________________________ By: ______________________________________ Its: ______________________________________ Ryan N. Bonk, City Manager Colorado State
Contractor’s License No. ______________________
Date 9/25/2024 Quotation XPMG001
Federal Tax Identification No. 84-1440328
Prepared for: Quote Valid Thru 10/25/2024
MGE Engineering
Attn: Martin W. McIlroy Prepared by: Markus Ritsch
7415 Greenhaven Drive Water & Earth Technologies, Inc.
Sacramento, CA 95831 40504 Weld Co Rd 17
[email protected] Severance, CO 80524
Phone (970) 225-6080
email: [email protected]
Quote Title: Gulling Street Bridge Scour System Installation Item Description Unit Price Qty Units Amount
$ 150.00 24 Hr $ 3,600.00
$ 120.00 24 Hr $ 2,880.00
$ 1,650.00 2 Day $ 3,300.00
$ 490.00 5 Day $ 2,450.00
$ 1,000.00 1 N/A $ 1,000.00
$ 200.00 4 Hr $ 800.00
$ 800.00 1 N/A $ 800.00
$ -
$ 14,830.00
$ 14,830.00
Project Management
Items Total
Quote Information
This quote provided by Water & Earth Technologies, Inc. (WET) is for the installation of the scour monitoring system at the Gulling Street Bridge. The scour monitoring system will be provided by ETI Instruments, Inc. and will consist of one (1) radar water surface elevation sensor, four (4) tilt sensors, one (1) NEMA enclosure containing a CR1000X data logger, cell modem (Verizon), 12v battery, solar panel and solar charging regulator. The NEMA enclosure will be mounted to the guardrail of the bridge. The radar sensor will be installed inside the NEMA enclosure. The four (4) tilt sensors will be mounted at locations specified by MGE Engineering. Once installed, the system will be tested to ensure sensor readings are sent to the Bridge Monitor Cloud Software (supplied by TriLynx Systems, Inc.) for data storage, analysis, visualization and alarm notification. WET will provide one fully equiped field service vehicle and two field engineers to install and test the system. Any required permitting and traffic control is not included in this quote and is assumed to be provided by MGE Engineering.
Total Cost
Installation Labor - Field Engineer
Installation Labor - Field Tech I
Mobilization
Per Diem (Food and Lodging) 2 people for 5 days total
Misc. Installation Hardware/Conduit Procured in California Rental Equipment (boom truck)
DATE:
TITLE:
QUOTED BY:
EMAIL:
PREPARED FOR:
AGENCY:
PHONE:
EMAIL:
ADDRESS:
Quotation Total: $ 40,288.00
QUOTATION: 202064
ITEM
NO.
HARDWARE, TELEMETRY AND DATA FEES UNIT QTY AMOUNT
ITEMS TOTAL: $ 28,288.00
ITEM
NO.
LABOR DESCRIPTION AMOUNT
LABOR TOTAL: $ 12,000.00
TOTAL: $ 40,288.00
9/19/2024
City of Portola Scour Monitoring System
Andrew Ehlers
40504 Weld County Road 17
Severance, CO 80524
Martin McIlroy Phone: (970) 484-9393
MGE Engineering Cell: (970) 443-3399
916-421-1000 FED. ID. # 84-4648781
7415 Greenhaven Ddrive
Sacramento, CA 95831
1 Monitoring Station with CR1000X Data Logger Each 1 $ 12,559.25 C22 - Radar Water Level Sensor Each 1
X-Y Tilt Sensor Each 4
2 Cellular Modem with 5 Year Data Plan Year 5 $ 7,528.75 3 Cloud Hosted Data Server with Web Display Year 5 $ 8,200.00 Alarm Notification (included)
5 Year Data Plan
4 Project Management, Construction Planning, Installation Details $ 6,000.00 5 Fabrication, Assembly, Programming, Bench Testing $ 6,000.00 $ -
ETI will provide the scour monitoring system components. Installatioin of the scour monitoring system will be completed by a seperate contractor. -
ETI INSTRUMENT SYSTEMS, INC.
[email protected]
[email protected]
1 AGREEMENT FOR LAW ENFORCEMENT SERVICES
BETWEEN THE CITY OF PORTOLA,
THE COUNTY OF PLUMAS,
AND THE PLUMAS COUNTY SHERIFF’S OFFICE
THIS AGREEMENT (“Agreement”) is made and entered into by and between the City of Portola, a municipal corporation organized and existing under the laws of the State of California (“City”), the County of Plumas, a political subdivision of the State of California (”County”), and the Plumas County Sheriff’s Office (“PCSO”). City, County, and PCSO may be referred to hereinafter individually as “Party” or collectively as the “Parties” as the context may require.
For and in consideration of the mutual promises herein exchanged the Parties do hereby agree as follows:
1. TERM
1.1. Effective Dates. This Agreement shall be effective for a period of twelve (12) months from July 1, 2024 through June 30, 2025 unless terminated sooner as provided herein.
1.2. Renewal. At any time during the term of this Agreement the Parties may meet to evaluate the terms of this Agreement and may modify, approve and/or ratify any renewal of this Agreement to the effective date of such renewal. Any amendment shall be in writing and approved by City's City Council, County's Board of Supervisors, and the Plumas County Sheriff.
1.3. Termination. Notwithstanding the provisions of Paragraphs 1.1 and 1.2 above, any Party may terminate this Agreement upon notice in writing to the other Parties of not less than forty-five (45) days prior thereto. In the event that this Agreement is terminated for any reason, the obligations of the City and the County for mutual indemnification as set forth herein shall continue after any such termination.
1.4. Negotiations for Renewal or New Agreement. On a date to be mutually determined by and between the Parties hereto, but not more than forty-five (45) days prior to the termination date of this Agreement, the Parties shall meet and confer concerning the terms and conditions under which this Agreement might be extended or a successor agreement executed. This Section
1.4 shall be applicable without regard to the means of termination of the Agreement, whether expiration pursuant to Section 1.1 or termination pursuant to Section 1.3.
2. SCOPE OF SERVICE
2.1. Duties of County. The County agrees to provide, through the Sheriff thereof and PCSO, which agrees to furnish, some municipal police protection services, duties and functions customarily rendered by a city police department under the statutes of the State of California within the corporate limits of the City of Portola to the extent and in the manner hereinafter set forth.
Such services shall include the following:
2.1.1 Enforcement of State statutes;
2 2.1.2 General traffic enforcement;
2.1.3 Traffic accident investigation for accidents occurring within City limits and not falling under the jurisdiction of the California Highway Patrol;
2.1.4 Animal Control Services;
2.1.5 In the event the PCSO experiences a shortage of manpower and cannot fully staff itself, PCSO shall use its best efforts to continue to provide law enforcement services to the City pursuant to this Agreement and will not reduce services to the City any more than it reduces services in all of the unincorporated areas of the County;
2.1.6 All other police and law enforcement services as the Sheriff deems necessary to maintain law and order in the City.
2.1.7 All law enforcement services provided under this Agreement are subject to the operational standards and policies of PCSO.
2.2 Duties of City. During the term of this Agreement, the Sheriff shall function as the ex officio Chief of Police for the City, unless the Sheriff, with City’s consent, delegates this function and designation to a subordinate officer of PCSO. The Chief shall confer with the City Manager on all questions related to the performance of the law enforcement services to the City, except as otherwise provided herein. All direction from City to the Sheriff shall come through the City Manager.
3. REPORTS AND MEETINGS
3.1 Reports. On a monthly basis, PCSO shall provide the City Manager with a written or oral review of law enforcement activities in City. Such reviews will address: (i) services performed; (ii) crime statistics; (iii) any major incidents occurring within City within the reporting period; (iv) trends in criminal activities; and (v) any other information considered pertinent by PCSO. At no additional charge to the City, PCSO will, if requested, provide an in-person, verbal, quarterly report to the City Council, plus supplemental reports at any time that the City Manager or City Council requests additional information regarding major incidents or other significant law enforcement issues affecting City.
3.2 Prompt Notification of Serious Felonies. In the event that any serious felonies are committed within City limits, PCSO personnel shall so inform the City Manager as soon as is practicable. Serious felonies triggering this reporting requirement shall include, but not be limited to, homicide, manslaughter, armed robbery, arson, kidnapping, and sexual assault.
3.3 Meetings. PCSO administration personnel will meet with the City Manager when deemed necessary by any Party. Routine questions and concerns will be addressed by City to the sergeant stationed at the Portola substation. At no additional charge to the City, PCSO personnel 3 will attend meetings of City's City Council at least quarterly or as requested by the City Manager or City Council.
3.4 Grants. PCSO and the City of Portola will work together and collaborate on potential grant opportunities that will enhance law enforcement services inside the City of Portola.
4. SCHEDULING OF ASSIGNED DEPUTY
4.1 Hiring and Supervision. The responsibility for supervision of law enforcement services, hiring of personnel, establishing standards of performance, assignment of personnel, maintaining discipline, determining training required, maintaining personnel files, and other matters relating to the performance of services and control of personnel, shall remain with County.
County is bound to abide by bargaining agreements covering County employees performing services hereunder. The City Manager will consult with PCSO regarding PCSO’s scheduling and performance under this Agreement.
4.2 Investigations and Complaints. Internal Affairs investigations and citizen complaints concerning performance of services under this Agreement shall be handled and investigated by PCSO.
5. EMPLOYMENT STATUS OF ASSIGNED DEPUTY(S)
5.1 Personnel Remain County Employees. All persons employed by County to perform services pursuant to this Agreement shall be and remain County employees and shall, at all times, be under the direction and control of County. All persons employed by County to perform services pursuant to this Agreement shall be entitled solely to the rights and privileges given to County employees, and shall not be entitled, as a result of providing services required hereunder, to any rights or privileges given to City employees.
5.2 Limited Agency Relationship. For the purpose of performing services under this Agreement, and for the purpose of giving official status to the performance thereof where necessary, every County employee engaged in the performance of any service hereunder shall be deemed to be an agent of City while performing services for City, which services are within the scope of this Agreement and are purely municipal functions. Notwithstanding the agency relationship created by this provision, City shall not be liable for any act or omission of any County employee unless otherwise specifically provided elsewhere in this Agreement.
5.3 Responsibility for Direct Payment of Compensation. City shall not be liable for the direct payment of any salaries, wages, other compensation or benefits to any County personnel performing services hereunder for County or any liability other than that provided for in this Agreement.
6. COMPENSATION FOR SERVICES RENDERED
6.1 Base Payment. City shall compensate the County of Plumas a sum of $130,000.00 (one hundred and thirty thousand dollars for the law enforcement and PCSO for the services 4 rendered provided under this Agreement. Payment shall be made no later than 30 days after the City receives COPS funding from the State of California remitted through the County, typically in January, April, and July.
6.2 Credits.
6.2.1 Collection of Fees and Charges. All fees collected by PCSO related to the provision of services provided under this Agreement shall be credited to City on a pro rata basis and accounted for on a monthly basis.
6.2.2 Fines and Forfeitures of Bail. Fines and forfeitures of bail under Penal Code Section 1463 et seq. resulting from services performed under this Agreement shall be distributed as though the persons performing services under this Agreement were employees of City.
6.2.3 City Exempt from Fees. The City shall be exempt from and shall not be obligated to pay any fees for alarm permits, alarm activation or response to alarms by the Sheriff’s Department for any building or facility owned by the City.
6.3 Substation Lease. As additional consideration for the services provided under this Agreement, City shall lease the building located at 324 South Gulling Street in City to PCSO for use as a substation, pursuant to the terms and conditions of the Lease pertaining thereto.
7. INDEMNIFICATION
7.1. Claims Arising from Sole Acts or Omissions of County. County hereby agrees to defend and indemnify City, its agents, officers and employees (hereinafter collectively referred to in this paragraph as “City”), from any claim, action or proceeding against City, arising solely out of the acts or omissions of County in the performance of this Agreement. At its sole discretion, City may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve County of any obligation imposed by this Agreement. City shall notify County promptly of any claim, action or proceeding and cooperate fully in the defense.
7.2. Claims Arising From Sole Acts or Omissions of City. The City hereby agrees to defend and indemnify County, its agents, officers and employees, (hereinafter collectively referred to in this paragraph as “County”), from any claim, action or proceeding against County, arising solely out of the acts or omissions of City in the performance of this Agreement. At its sole discretion, County may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve City of any obligation imposed by this Agreement. County shall notify City promptly of any claim, action or proceeding and cooperate fully in the defense.
7.3. Claims Arising From Concurrent Acts or Omissions. County hereby agrees to defend itself, and the City hereby agrees to defend itself, from any claim, action or proceeding arising out of the concurrent acts or omissions of County and City. In such cases, County and City 5 agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in Section 7.5 below.
7.4. Joint Defense. Notwithstanding section 7.3 above, in cases where County and City agree in writing to a joint defense, County and City may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of City. Joint defense counsel shall be selected by mutual agreement of County and City. County and City agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 7.5 below. County and City further agree that neither party may bind the other to a settlement agreement without the written consent of both County and City.
7.5. Reimbursement and/or Reallocation. Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, County and City may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault.
8. SUBROGATION
8.1 Reciprocal Subrogation. To the extent that County incurs any loss for which it is compensated in whole, or for more than fifty percent of its losses, by City, County shall assign its rights and interest in any claim or cross complaint that it may legally have or be entitled to assert, to City. To the extent that City incurs any loss for which it is compensated in whole, or for more than fifty percent of its loss by County, City shall assign its rights and interest in any claim or cross complaint that it may legally have or be entitled to assert, to County.
8.2 Prosecution of Assigned Claims. To the extent that County or City has assigned its rights and interest in any claim to another Party, the Party receiving the assignment shall timely prosecute any such action in good faith and with reasonable diligence. If any recovery is obtained the Parties shall equitably share in any such recovery to the extent of their interests.
9. RIGHT TO AUDIT RECORDS
Upon reasonable notice, any Party shall have the right to inspect and audit any records maintained by any other Party relevant to this Agreement, to the extent allowed by law.
10. ADMINISTRATION OF COPS GRANT FUNDS AND/OR ANY OTHER LAW
ENFORCEMENT GRANTS
City will use Citizen’s Option for Public Safety (“COPS”) grant funds provided by the State of California, and may use any other State or federal funds which are or may become available, to pay for services provided pursuant to this Agreement. If these funds are to be used, City will develop a written plan to ensure that the use of the funds is consistent with the legislative purpose of the grant programs. Pursuant to section 3006l(c)(2) of the California Government Code, PCSO will make written requests to City for funds for law enforcement services in a manner consistent with City’s intention to use COPS funds to pay for a portion of the services provided pursuant to this Agreement, and 6 will take all other steps necessary to facilitate the transfer of COPS funds from County’s Supplemental Law Enforcement Services Fund to City. PCSO will neither oppose City’s use of COPS and/or any other grant funds for this purpose, nor seek to exert any control or influence over the expenditure of these funds by City, although this Section 10 shall not be deemed to impose any restrictions on PCSO’s use of any funds paid it by City. PCSO further agrees that City is and shall be deemed to be the “recipient agency” and/or “recipient entity”, as those terms are defined and used in section 30062 of the California Government Code.
11. SPECIAL EVENT SERVICES
At the request of City, or at the request of community organizations or private individuals with written concurrence of the City Manager, PCSO may agree to provide extra law enforcement/ security services for special events and functions occurring within the City. If PCSO provides such extra services, it shall do so in the same basis that it provides similar services in the unincorporated areas of the County.
12. INTERNAL POLICIES
If requested by PCSO or the City Manager, an internal policy memorandum may be entered into by and between PCSO and the City Manager with respect to questions relating to the provision of service under this Agreement. The policy will set forth the question raised and agreements reached in resolution of the question. The intent and purpose of each such policy shall be to implement, interpret, or clarify administratively one or more provisions of this Agreement. No such policy shall have the effect of amending this Agreement unless an amendment to this Agreement is approved in writing by the City Council and the County Board of Supervisors. In the event of any inconsistency between the terms of such policy and the terms of this Agreement, the terms of this Agreement shall prevail.
13. AMENDMENTS
No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the Parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement which is formally approved and executed by all Parties.
14. NOTICES
Any notices required or desired to be served by any Party upon any other Party shall be addressed to the respective Parties as set forth below, or to such other addresses as from time to time may be designated by the respective Parties:
7 County
Chief Administrative Officer
County of Plumas
520 Main Street, Room 309
Quincy, CA 95971
City
City Manager
PO. Box 1225
Portola, CA 96122
PCSO
Todd Johns, Sheriff
PO. Box 1106
Quincy, CA 95971
An information copy of any notice to County shall also be sent to:
Clerk of the Board of Supervisors
County of Plumas
520 Main Street, Room 309
Quincy, CA 95971
15. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.
16. ENTIRE AGREEMENT
This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith.
17. NO OBLIGATIONS TO THIRD PARTIES
Nothing in this Agreement, or any of the addenda hereto, is intended to nor shall it create any right in any person, firm, corporation or entity, other than in the Parties hereto, including but not limited to the employees of the Parties, to any of the benefits hereunder. Nothing herein is intended to expand the duties and obligations of City, County, and/or PCSO with regard to any third parties.
18. CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced pursuant to the laws of the State of California.
8 19. ADDITIONAL DOCUMENTS AND AGREEMENTS
The Parties agree to cooperate in the execution of any additional documents or agreements that may be required to carry out the terms of this Agreement.
20. ASSIGNMENT/DELEGATION
No Party hereto shall assign, sublet, or transfer any interest in this Agreement or any duty hereunder without written consent of the other Parties, and no assignment shall be of any force or effect whatsoever unless and until the other Parties shall have so consented.
21. DISPUTE RESOLUTION
Should any dispute arise between City and County or City and PCSO concerning the terms of this Agreement, City and County or City and PCSO, as may be the case, shall meet and attempt to amicably resolve the dispute (“Informal Resolution”). Such meeting shall be held no later than ten (10) days after one Party receives written notice from another stating the existence of the dispute, describing the nature of the same, and presenting a proposed resolution to the dispute.
This Agreement shall remain in effect during the pendency of the resolution of any dispute, unless it expires or is terminated pursuant to Section 1.3. If attempts at Informal Resolution are unsuccessful, the parties shall be free to pursue any remedy available to them at law. [SIGNATURES ON FOLLOWING PAGE]
9 IN WITNESS WHEREOF, the Parties hereto have accepted, made and executed this Agreement upon the terms, conditions and provisions above stated the day and year first below written.
CITY OF PORTOLA
By: ____________________________
Title: Interim City Manager
Date: ___________________________
By: ____________________________
Title: Mayor, City of Portola
Date: ___________________________
ATTEST:
By: ____________________________
Title:
Approved as to Form:
By: ____________________________
Title: City Attorney
COUNTY OF PLUMAS/PLUMAS COUNTY SHERIFF’S OFFICE
By: ____________________________
Title: Sheriff
Date: ___________________________
By: ____________________________
Title: Chair of the Board of Supervisors
Date: ___________________________
ATTEST:
By: ____________________________
Title: Clerk of the Board
Approved as to Form:
By: ____________________________
Title: County Counsel
2025-2026 Draft Budget Schedule
Council-Staff Goal Setting ** February 19 3:00
Budget Worksheets to staff February 19
Current Level of service Budgets due from staff March 20 Finance Department -
Evaluation of Current Level of Service Budget March 24- April 23 New Project – Capital Project Requests due from City Staff April 2 Public Comment to City Council re: Budget Preparation ** March 26 Public Comment to City Council re: Budget Preparation ** April 9 Finance Department Delivers Proposed Budget to City Manager April 30
Draft of Year 2025-2026 Budget Delivered to City Council For Review May 1
City Council Budget Work Sessions/Presentations by Staff ** May 7 3:00 pm Proposed 2025-2026 FY Budget Submitted to City Council
And Filed with City Clerk for Public Review June 5
2025-2026 FY Proposed Budget, Public Hearing ** June 11 City Council Adopts Final 2025-2026 FY Budget ** June 25 Note: (**) denotes City Council involvement in budget review process