1 City of Portola
AGENDA
Regular Meeting
July 22, 2026 06:00 PM
35 Third Ave, Portola, CA 96122
https://www.cityofportola.com/
https://zoom.us/j/3583067836
Mayor Bill Powers • Mayor Pro Tem Mikki Battaglia • Councilmember Jim Murphy • Councilmember Lauren Miller • Councilmember Stephan Mangum
City Manager Ryan Bonk
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 on the online agenda by clicking on the "comment" section next to each agenda item listed below.
Agenda backup materials can be viewed by selecting the 'View Item' link on the agenda below, at https://civassist.com/district/49/agenda in the agenda packet for the specific meeting date, or in person at City Hall, 35 Third Avenue, Portola, California, during regular business hours.
Meeting facilities are accessible to persons with disabilities. Reasonable efforts will be made to accommodate the participation of persons with disabilities in the City’s public meetings. If special accommodation is needed, please notify the City at 530.832.6801 at least 48 hours prior to the meeting.
1. Call to Order
A. Roll Call
B. Pledge of Allegiance
2 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
A. City Council Communications
B. Reports: Beckwourth Peak Fire Protection District / Plumas County Sheriff / Northern Sierra Air Quality
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. 2664. The resolution authorizes payment of payroll from June 27th, 2026 through July 10th, 2026 and accounts payable from July 9th, 2026 through July 22nd, 2026 The amount of payroll to be paid is $46,481.87
The amount of accounts payable to be paid is $253,634.69 The total amount to be paid is $300,116.56
B. Minutes
Adopt the minutes of the July 8th, 2026 Regular City Council Meeting.
5. TCE Solutions Inc.: Senior Code Enforcement Contract & July 2026 Update Discussion Possible Action Comment View Item
Staff will present to Council an update from the Senior Code Enforcement Consultant. Council to consider the approval of the agreement for Senior Code Enforcement services for fiscal year 2026-2027.
6. Ad Hoc Committee Review
3 Discussion Possible Action Comment
Ad Hoc Committee to share with the Council their recommendations on the potential Permanent Local Housing Allocation (PLHA) funding. Council to discuss next steps and instruct staff.
7. Adjournment
Resolution No. 2664 July 22nd, 2026
RESOLUTION NO. 2664
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTOLA
AUTHORIZING PAYMENT OF CLAIMS FOR PAYROLL FOR THE PERIOD JUNE 27TH, 2026, THROUGH JULY 10TH, 2026 AND ACCOUNTS
PAYABLE FROM
JULY 9TH, 2026, THROUGH JULY 22ND, 2026
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
48333 - 48374 $253,634.69
48343, 48368, 48369 VOID
Total Accounts Payable $253,634.69
Payroll:
6/27/2026 – 7/10/2026 $46,481.87
Total Payroll $46,481.87
Total Claims $300,116.56
PASSED, APPROVED AND ADOPTED this 22nd day of July 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
William Powers, Mayor
ATTEST:
_______________________________
Kristen Schiavone, Deputy City Clerk
I, Kristen Schiavone, 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 July 22nd, 2026.
________________________________
Kristen Schiavone, Deputy City Clerk
7/15/2026 9:46 AM A/P HISTORY CHECK REPORT PAGE: 1VENDOR SET: 01 City of PortolaBANK: * ALL BANKSDATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT C-CHECK VOID CHECK V 7/22/2026 048343 C-CHECK VOID CHECK V 7/22/2026 048368 * * T O T A L S * * NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT REGULAR CHECKS: 0 0.00 0.00 0.00 HAND CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 EFT: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 VOID CHECKS: 2 VOID DEBITS 0.00 VOID CREDITS 0.00 0.00 0.00 TOTAL ERRORS: 0
NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT VENDOR SET: 01 BANK: * TOTALS: 2 0.00 0.00 0.00 BANK: * TOTALS: 2 0.00 0.00 0.00 Exhibit
A
7/15/2026 9:46 AM A/P HISTORY CHECK REPORT PAGE: 2VENDOR SET: 01 City of PortolaBANK: PC POOLED CASH - PLUMASDATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT0005 AIRGAS, INC.
I-5525980161 AIRGAS, INC. R 7/22/2026 048333 710 311-600.07 EQUIPMENT REPAIR/MAINTENANCE AIRGAS, INC. 143.75 720 311-600.07 EQUIPMENT REPAIR/MAINTENANCE AIRGAS, INC. 143.75 710 311-600.06 MATERIALS AND SUPPLIES AIRGAS, INC. 118.60 710 311-600.07 EQUIPMENT REPAIR/MAINTENANCE AIRGAS, INC. 118.60 524.70 0006 ALLIANT INSURANCE SERVICES,INC
I-3586642 INSURANCE PREMIUM R 7/22/2026 048334 100 311-600.15 INSURANCE INSURANCE PREMIUM 570.00 710 311-600.15 INSURANCE INSURANCE PREMIUM 570.00 720 311-600.15 INSURANCE INSURANCE PREMIUM 570.00 1,710.00 0008 ALWAYS ANSWER
I-69589-070126 EMERGENCY 1-800 NUMBER R 7/22/2026 048335 710 311-600.05 TELEPHONE EMERGENCY 1-800 NUMB 35.11 720 311-600.05 TELEPHONE EMERGENCY 1-800 NUMB 35.11 70.22 0010 AMAZON CAPITOL SERVICES
I-202607084574 SUPPLIES & MATERIALS R 7/22/2026 048336 100 111-600.06 MATERIALS AND SUPPLIES SUPPLIES & MATERIALS 309.40 100 411-600.38 POOL CONCESSION SUPPLIES SUPPLIES & MATERIALS 855.10 100 411-600.36 POOL FACILITY SUPPLIES & MATERIALS 186.96 100 414-600.07 EQUIPMENT REPAIR/MAINTENANCE SUPPLIES & MATERIALS 170.78 207 315-600.06 MATERIALS AND SUPPLIES SUPPLIES & MATERIALS 128.60 710 311-600.06 MATERIALS AND SUPPLIES SUPPLIES & MATERIALS 568.00 720 311-600.06 MATERIALS AND SUPPLIES SUPPLIES & MATERIALS 766.77 2,985.61 0012 AMERICAN RED CROSS TRAINING SV
I-23343663 LIFEGUARD CERTIFICATION R 7/22/2026 048337 100 411-600.06 MATERIALS AND SUPPLIES LIFEGUARD CERTIFICAT 438.00 438.00 0015 AMERIGAS
I-3191469919 PROPANE R 7/22/2026 048338 100 411-600.04 GAS AND ELECTRIC PROPANE 177.51 177.51 1 AMY TRENNER
I-202607084573 AMY TRENNER: R 7/22/2026 048339 100 411-600.36 POOL FACILITY AMY TRENNER: 25.94 25.94 0039 BULLET INFORMATION TECHNOLOGY
I-20263198 IT CONSULTING SERVICES R 7/22/2026 048340 100 111-600.18 PROFESSIONAL SERVICES IT CONSULTING SERVIC 375.00 710 311-600.18 PROFESSIONAL SERVICES IT CONSULTING SERVIC 375.00 720 311-600.18 PROFESSIONAL SERVICES IT CONSULTING SERVIC 375.00 1,125.00
7/15/2026 9:46 AM A/P HISTORY CHECK REPORT PAGE: 3VENDOR SET: 01 City of PortolaBANK: PC POOLED CASH - PLUMASDATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT000018 CINTAS I-5346489104 MEDICAL SUPPLIES R 7/22/2026 048341 710 311-600.06 MATERIALS AND SUPPLIES MEDICAL SUPPLIES 71.19 720 311-600.06 MATERIALS AND SUPPLIES MEDICAL SUPPLIES 71.18 142.37 0052 CITY OF PORTOLA
I-202607084576 UTILITY BILLING R 7/22/2026 048342 100 311-601.10 WATER UTILITY BILLING 98.82 100 311-601.11 SEWER UTILITY BILLING 45.23 100 414-601.10 WATER UTILITY BILLING 3,432.92 100 411-601.10 WATER UTILITY BILLING 2,217.95 100 411-601.11 SEWER UTILITY BILLING 19.84 100 414-601.11 SEWER UTILITY BILLING 6.62 100 414-601.10 WATER UTILITY BILLING 44.78 100 414-601.11 SEWER UTILITY BILLING 26.46 100 413-601.10 WATER UTILITY BILLING 152.86 100 413-601.11 SEWER UTILITY BILLING 45.23 710 311-601.10 WATER UTILITY BILLING 26.25 720 311-601.10 WATER UTILITY BILLING 26.25 710 311-601.11 SEWER UTILITY BILLING 22.62 720 311-601.11 SEWER UTILITY BILLING 22.61 6,188.44 000078 CLARK PEST CONTROL
I-40085020 PEST CONTROL R 7/22/2026 048344 100 413-600.45 BUILDING EXPENSE PEST CONTROL 102.00 102.00 000029 COUNTRY BREEZE CLEANING
I-JUNE 2026 MONTHLY OFFICE CLEANING R 7/22/2026 048345 100 111-600.45 BUILDING EXPENSE MONTHLY OFFICE CLEAN 133.33 710 311-600.45 BUILDING EXPENSE MONTHLY OFFICE CLEAN 133.33 720 311-600.45 BUILDING EXPENSE MONTHLY OFFICE CLEAN 133.34 400.00 000009 CRESCENT TOW & REPAIR
I-61726 VEHICLE TOWING R 7/22/2026 048346 100 212-600.95 CODE ENFORCEMENT VEHICLE TOWING 375.00 375.00 0066 DANIEL HORTON
I-07.31.2026 CONCERT IN THE PARK R 7/22/2026 048347 100 414-601.06 EVENTS CONCERT IN THE PARK 700.00 700.00 0078 ENCOMPASS
I-247427 XEROX COPIES R 7/22/2026 048348 100 111-600.06 MATERIALS AND SUPPLIES XEROX COPIES 128.26 100 113-600.06 MATERIALS AND SUPPLIES XEROX COPIES 128.26 710 311-600.06 MATERIALS AND SUPPLIES XEROX COPIES 85.51 720 311-600.06 MATERIALS AND SUPPLIES XEROX COPIES 85.50 427.53
7/15/2026 9:46 AM A/P HISTORY CHECK REPORT PAGE: 4VENDOR SET: 01 City of PortolaBANK: PC POOLED CASH - PLUMASDATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT0048 FACTUAL DATA I-7309966 CREDIT CHECKS R 7/22/2026 048349 710 311-600.06 MATERIALS AND SUPPLIES CREDIT CHECKS 47.10 720 311-600.06 MATERIALS AND SUPPLIES CREDIT CHECKS 47.10 94.20 000126 FEATHER RIVER FOOD CO-OP
I-202607084570 POOL CONCESSIONS R 7/22/2026 048350 100 411-600.38 POOL CONCESSION SUPPLIES POOL CONCESSIONS 661.56 661.56 0090 GRAINGER INC
I-9975380412 PUBLIC WORKS MATERIALS R 7/22/2026 048351 710 311-600.06 MATERIALS AND SUPPLIES PUBLIC WORKS MATERIA 27.49 27.49 0095 HACH COMPANY
I-15018480 REPAIRS/MATERIALS R 7/22/2026 048352 710 325-600.07 EQUIPMENT REPAIR/MAINTENANCE REPAIRS/MATERIALS 3,610.47 3,610.47 0101 HUNT & SONS, INC.
I-196088 FUEL R 7/22/2026 048353 100 212-600.09 VEHICLE FUEL FUEL 103.67 100 414-600.09 VEHICLE FUEL FUEL 364.63 710 311-600.09 VEHICLE FUEL FUEL 1,570.22 720 311-600.09 VEHICLE FUEL FUEL 782.02 207 315-600.09 VEHICLE FUEL FUEL 423.55 3,244.09 0103 IEDA
I-25350 LABOR RELATIONS FEES R 7/22/2026 048354 100 111-510.01 PERSONNEL COSTS LABOR RELATIONS FEES 19.13 100 113-510.01 PERSONNEL COSTS LABOR RELATIONS FEES 5.47 100 114-510.01 PERSONNEL COSTS LABOR RELATIONS FEES 5.47 100 311-510.01 PERSONNEL COSTS LABOR RELATIONS FEES 10.93 207 315-510.01 PERSONNEL COSTS LABOR RELATIONS FEES 16.40 208 317-510.01 PERSONNEL COSTS LABOR RELATIONS FEES 16.40 710 311-510.01 PERSONNEL COSTS LABOR RELATIONS FEES 106.58 720 311-510.01 PERSONNEL COSTS LABOR RELATIONS FEES 76.52 730 311-510.01 PERSONNEL COSTS LABOR RELATIONS FEES 16.39 273.29 0111 JEFFERSON SUPPLY COMPANY
I-56376 PUBLIC WORKS MATERIALS R 7/22/2026 048355 710 311-600.76 LINE REPAIR PUBLIC WORKS MATERIA 343.20 343.20 0124 KOMATSU EQUIPMENT
I-R18617 RENTAL EQUIPMENT R 7/22/2026 048356 710 311-600.25 EQUIPMENT RENTAL RENTAL EQUIPMENT 327.38 327.38
7/15/2026 9:46 AM A/P HISTORY CHECK REPORT PAGE: 5VENDOR SET: 01 City of PortolaBANK: PC POOLED CASH - PLUMASDATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT0130 LEONARD'S MARKET I-0161 SUPPLIES - CITY HALL BATHROOMS R 7/22/2026 048357 100 114-600.06 MATERIALS AND SUPPLIES SUPPLIES - CITY HALL 10.71 10.71 0141 MCI MEGA PREFERRED
I-08606496928 0626 EMERGENCY # LONG DISTANCE R 7/22/2026 048358 710 311-600.05 TELEPHONE EMERGENCY # LONG DIS 26.34 720 311-600.05 TELEPHONE EMERGENCY # LONG DIS 26.34 52.68 0148 NAPA SIERRA
I-320614 PUBLIC WORKS MATERIALS R 7/22/2026 048359 710 311-600.06 MATERIALS AND SUPPLIES PUBLIC WORKS MATERIA 31.62 208 317-600.06 MATERIALS AND SUPPLIES PUBLIC WORKS MATERIA 9.11 40.73 000102 NORTHERN TOOL COMMERCIAL ACCOU
I-36155C2C PUBLIC WORKS TOOLS R 7/22/2026 048360 100 414-600.07 EQUIPMENT REPAIR/MAINTENANCE PUBLIC WORKS TOOLS 228.72 228.72 0164 P & F DISTRIBUTORS
I-0194291-IN PUBLIC WORKS TOOLS R 7/22/2026 048361 710 311-600.07 EQUIPMENT REPAIR/MAINTENANCE PUBLIC WORKS TOOLS 90.91 90.91 0169 PETE RHODE
I-07.31.26 CONCERT CONCERT IN THE PARK PA & SOUND R 7/22/2026 048362 100 414-601.06 EVENTS CONCERT IN THE PARK 300.00 300.00 0183 PLUMAS SANITATION, INC
I-25289 SEPTIC TANK PUMPING R 7/22/2026 048363 710 325-601.14 CLEANING CHEMICALS DISPOSAL SEPTIC TANK PUMPING 1,400.00 1,400.00 0184 PLUMAS SIERRA RURAL ELECTRIC
I-50560 0626 LAKE DAVIS WTP ELECTRICITY R 7/22/2026 048364 710 325-600.04 GAS AND ELECTRIC LAKE DAVIS WTP ELECT 1,513.58 1,513.58 0188 PORTER SIMON LAW
I-202607084572 PORTER SIMON LAW R 7/22/2026 048365 100 111-600.13 LEGAL FEES PORTER SIMON LAW 3,388.55 100 117-600.13 LEGAL FEES PORTER SIMON LAW 924.15 710 311-600.13 LEGAL FEES PORTER SIMON LAW 924.15 720 311-600.13 LEGAL FEES PORTER SIMON LAW 924.15 100 111-601.16 LEGAL-OTHER PORTER SIMON LAW 112.00 6,273.00 0192 PURCHASE POWER - PITNEY BOWES
I-202607084571 POSTAGE R 7/22/2026 048366 100 111-600.02 POSTAGE POSTAGE 270.31 100 113-600.02 POSTAGE POSTAGE 270.31 710 311-600.02 POSTAGE POSTAGE 270.31 720 311-600.02 POSTAGE POSTAGE 270.31
7/15/2026 9:46 AM A/P HISTORY CHECK REPORT PAGE: 6VENDOR SET: 01 City of PortolaBANK: PC POOLED CASH - PLUMASDATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT0192 PURCHASE POWER - PITNECONT I-202607084571 POSTAGE R 7/22/2026 048366 730 311-600.02 POSTAGE POSTAGE 270.33 1,351.57 0222 SMALL CITIES ORGANIZED RISK EF
I-PORQ1FY27 ANNUAL INS. PREM./ WOKERS COMP R 7/22/2026 048367 100 111-600.15 INSURANCE ANNUAL INSURANCE PRE 5,571.70 100 113-600.15 INSURANCE ANNUAL INSURANCE PRE 2,134.70 100 212-600.15 INSURANCE ANNUAL INSURANCE PRE 5,336.75 100 311-600.15 INSURANCE ANNUAL INSURANCE PRE 8,402.90 100 411-600.15 INSURANCE ANNUAL INSURANCE PRE 13,626.00 100 413-600.15 INSURANCE ANNUAL INSURANCE PRE 5,087.20 100 414-600.15 INSURANCE ANNUAL INSURANCE PRE 5,450.40 710 311-600.15 INSURANCE ANNUAL INSURANCE PRE 28,282.50 710 325-600.15 INSURANCE ANNUAL INSURANCE PRE 28,116.70 720 311-600.15 INSURANCE ANNUAL INSURANCE PRE 44,109.95 730 311-600.15 INSURANCE ANNUAL INSURANCE PRE 8,175.60 208 317-600.15 INSURANCE ANNUAL INSURANCE PRE 18,258.60 100 111-510.01 PERSONNEL COSTS QUARTERLY WOKER'S CO 638.28 100 113-510.01 PERSONNEL COSTS QUARTERLY WOKER'S CO 106.38 100 112-510.01 PERSONNEL COSTS QUARTERLY WOKER'S CO 212.76 100 212-510.01 PERSONNEL COSTS QUARTERLY WOKER'S CO 877.64 100 114-510.01 PERSONNEL COSTS QUARTERLY WOKER'S CO 345.74 100 311-510.01 PERSONNEL COSTS QUARTERLY WOKER'S CO 1,968.03 100 411-510.01 PERSONNEL COSTS QUARTERLY WOKER'S CO 1,037.21 207 315-510.01 PERSONNEL COSTS QUARTERLY WOKER'S CO 2,739.29 208 317-510.01 PERSONNEL COSTS QUARTERLY WOKER'S CO 3,058.42 710 311-510.01 PERSONNEL COSTS QUARTERLY WOKER'S CO 9,281.65 720 311-510.01 PERSONNEL COSTS QUARTERLY WOKER'S CO 5,186.02 730 311-510.01 PERSONNEL COSTS QUARTERLY WOKER'S CO 1,143.58 199,148.00 0235 SUSAN SCARLETT
I-JULY 2026 FINANCE OFFICER CONSULTING R 7/22/2026 048370 100 113-600.10 ACCOUNTING FEES FINANCE OFFICER CONS 1,100.00 207 315-600.10 ACCOUNTING FEES FINANCE OFFICER CONS 495.00 208 317-600.10 ACCOUNTING FEES FINANCE OFFICER CONS 495.00 710 311-600.10 ACCOUNTING FEES FINANCE OFFICER CONS 1,430.00 720 311-600.10 ACCOUNTING FEES FINANCE OFFICER CONS 1,430.00 730 311-600.10 ACCOUNTING FEES FINANCE OFFICER CONS 550.00 5,500.00 0239 THATCHER , INC
I-2026400102912 POOL CHEMICALS R 7/22/2026 048371 100 411-600.06 MATERIALS AND SUPPLIES POOL CHEMICALS 1,930.36 1,930.36
7/15/2026 9:46 AM A/P HISTORY CHECK REPORT PAGE: 7VENDOR SET: 01 City of PortolaBANK: PC POOLED CASH - PLUMASDATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT0240 THOMAS G. VALENTINO ; TGV SO I-2074 SOLID WASTE CONSULTING SERVICE R 7/22/2026 048372 730 311-600.80 POST-CLOSURE CARE COSTS SOLID WASTE CONSULTI 90.00 730 311-600.18 PROFESSIONAL SERVICES SOLID WASTE CONSULTI 1,530.00 1,620.00 000122 WESTERN ENVIRONMENTAL TESTING
I-202607144578 LAB TESTING R 7/22/2026 048373 710 311-600.51 TESTING LAB TESTING 1,984.91 720 311-600.51 TESTING LAB TESTING 7,788.71 9,773.62 000094 WESTERN INDUSTRIAL PARTS, INC
I-2607-165161 PUBLIC WORKS MATERIALS R 7/22/2026 048374 208 317-600.06 MATERIALS AND SUPPLIES PUBLIC WORKS MATERIA 142.27 710 311-600.06 MATERIALS AND SUPPLIES PUBLIC WORKS MATERIA 142.27 720 311-600.06 MATERIALS AND SUPPLIES PUBLIC WORKS MATERIA 142.27 426.81 * * T O T A L S * * NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT REGULAR CHECKS: 39 253,634.69 0.00 253,634.69 HAND CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 EFT: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 VOID CHECKS: 0 VOID DEBITS 0.00 VOID CREDITS 0.00 0.00 0.00 TOTAL ERRORS: 0
** G/L ACCOUNT TOTALS ** G/L ACCOUNT NAME AMOUNT ---------------------------------------------------------------------- 100 111-510.01 PERSONNEL COSTS 657.41 100 111-600.02 POSTAGE 270.31 100 111-600.06 MATERIALS AND SUPPLIES 437.66 100 111-600.13 LEGAL FEES 3,388.55 100 111-600.15 INSURANCE 5,571.70 100 111-600.18 PROFESSIONAL SERVICES 375.00 100 111-600.45 BUILDING EXPENSE 133.33 100 111-601.16 LEGAL-OTHER 112.00 100 112-510.01 PERSONNEL COSTS 212.76 100 113-510.01 PERSONNEL COSTS 111.85 100 113-600.02 POSTAGE 270.31 100 113-600.06 MATERIALS AND SUPPLIES 128.26 100 113-600.10 ACCOUNTING FEES 1,100.00
7/15/2026 9:46 AM A/P HISTORY CHECK REPORT PAGE: 8VENDOR SET: 01 City of PortolaBANK: PC POOLED CASH - PLUMASDATE RANGE: 0/00/0000 THRU 99/99/9999 ** G/L ACCOUNT TOTALS ** G/L ACCOUNT NAME AMOUNT ---------------------------------------------------------------------- 100 113-600.15 INSURANCE 2,134.70 100 114-510.01 PERSONNEL COSTS 351.21 100 114-600.06 MATERIALS AND SUPPLIES 10.71 100 117-600.13 LEGAL FEES 924.15 100 212-510.01 PERSONNEL COSTS 877.64 100 212-600.09 VEHICLE FUEL 103.67 100 212-600.15 INSURANCE 5,336.75 100 212-600.95 CODE ENFORCEMENT 375.00 100 311-510.01 PERSONNEL COSTS 1,978.96 100 311-600.15 INSURANCE 8,972.90 100 311-601.10 WATER 98.82 100 311-601.11 SEWER 45.23 100 411-510.01 PERSONNEL COSTS 1,037.21 100 411-600.04 GAS AND ELECTRIC 177.51 100 411-600.06 MATERIALS AND SUPPLIES 2,368.36 100 411-600.15 INSURANCE 13,626.00 100 411-600.36 POOL FACILITY 212.90 100 411-600.38 POOL CONCESSION SUPPLIES 1,516.66 100 411-601.10 WATER 2,217.95 100 411-601.11 SEWER 19.84 100 413-600.15 INSURANCE 5,087.20 100 413-600.45 BUILDING EXPENSE 102.00 100 413-601.10 WATER 152.86 100 413-601.11 SEWER 45.23 100 414-600.07 EQUIPMENT REPAIR/MAINTENANCE 399.50 100 414-600.09 VEHICLE FUEL 364.63 100 414-600.15 INSURANCE 5,450.40 100 414-601.06 EVENTS 1,000.00 100 414-601.10 WATER 3,477.70 100 414-601.11 SEWER 33.08 *** FUND TOTAL *** 71,267.91 207 315-510.01 PERSONNEL COSTS 2,755.69 207 315-600.06 MATERIALS AND SUPPLIES 128.60 207 315-600.09 VEHICLE FUEL 423.55 207 315-600.10 ACCOUNTING FEES 495.00 *** FUND TOTAL *** 3,802.84 208 317-510.01 PERSONNEL COSTS 3,074.82 208 317-600.06 MATERIALS AND SUPPLIES 151.38 208 317-600.10 ACCOUNTING FEES 495.00 208 317-600.15 INSURANCE 18,258.60 *** FUND TOTAL *** 21,979.80 710 311-510.01 PERSONNEL COSTS 9,388.23 710 311-600.02 POSTAGE 270.31
7/15/2026 9:46 AM A/P HISTORY CHECK REPORT PAGE: 9VENDOR SET: 01 City of PortolaBANK: PC POOLED CASH - PLUMASDATE RANGE: 0/00/0000 THRU 99/99/9999 ** G/L ACCOUNT TOTALS ** G/L ACCOUNT NAME AMOUNT ---------------------------------------------------------------------- 710 311-600.05 TELEPHONE 61.45 710 311-600.06 MATERIALS AND SUPPLIES 1,091.78 710 311-600.07 EQUIPMENT REPAIR/MAINTENANCE 353.26 710 311-600.09 VEHICLE FUEL 1,570.22 710 311-600.10 ACCOUNTING FEES 1,430.00 710 311-600.13 LEGAL FEES 924.15 710 311-600.15 INSURANCE 28,852.50 710 311-600.18 PROFESSIONAL SERVICES 375.00 710 311-600.25 EQUIPMENT RENTAL 327.38 710 311-600.45 BUILDING EXPENSE 133.33 710 311-600.51 TESTING 1,984.91 710 311-600.76 LINE REPAIR 343.20 710 311-601.10 WATER 26.25 710 311-601.11 SEWER 22.62 710 325-600.04 GAS AND ELECTRIC 1,513.58 710 325-600.07 EQUIPMENT REPAIR/MAINTENANCE 3,610.47 710 325-600.15 INSURANCE 28,116.70 710 325-601.14 CLEANING CHEMICALS DISPOSAL 1,400.00 *** FUND TOTAL *** 81,795.34 720 311-510.01 PERSONNEL COSTS 5,262.54 720 311-600.02 POSTAGE 270.31 720 311-600.05 TELEPHONE 61.45 720 311-600.06 MATERIALS AND SUPPLIES 1,112.82 720 311-600.07 EQUIPMENT REPAIR/MAINTENANCE 143.75 720 311-600.09 VEHICLE FUEL 782.02 720 311-600.10 ACCOUNTING FEES 1,430.00 720 311-600.13 LEGAL FEES 924.15 720 311-600.15 INSURANCE 44,679.95 720 311-600.18 PROFESSIONAL SERVICES 375.00 720 311-600.45 BUILDING EXPENSE 133.34 720 311-600.51 TESTING 7,788.71 720 311-601.10 WATER 26.25 720 311-601.11 SEWER 22.61 *** FUND TOTAL *** 63,012.90 730 311-510.01 PERSONNEL COSTS 1,159.97 730 311-600.02 POSTAGE 270.33 730 311-600.10 ACCOUNTING FEES 550.00 730 311-600.15 INSURANCE 8,175.60 730 311-600.18 PROFESSIONAL SERVICES 1,530.00 730 311-600.80 POST-CLOSURE CARE COSTS 90.00 *** FUND TOTAL *** 11,775.90
7/15/2026 9:46 AM A/P HISTORY CHECK REPORT PAGE: 10VENDOR SET: 01 City of PortolaBANK: PC POOLED CASH - PLUMASDATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT VENDOR SET: 01 BANK: PC TOTALS: 39 253,634.69 0.00 253,634.69 BANK: PC TOTALS: 39 253,634.69 0.00 253,634.69 REPORT TOTALS: 39 253,634.69 0.00 253,634.69
7/15/2026 9:46 AM A/P HISTORY CHECK REPORT PAGE: 11
SELECTION CRITERIA
------------------------------------------------------------------------------------------------------------------------------------VENDOR SET: 01-CITY OF PORTOLAVENDOR: ALLBANK CODES: AllFUNDS: All------------------------------------------------------------------------------------------------------------------------------------CHECK SELECTIONCHECK RANGE: 048333 THRU 048374DATE RANGE: 0/00/0000 THRU 99/99/9999CHECK AMOUNT RANGE: 0.00 THRU 999,999,999.99INCLUDE ALL VOIDS: YES------------------------------------------------------------------------------------------------------------------------------------PRINT OPTIONSSEQUENCE: CHECK NUMBERPRINT TRANSACTIONS: YESPRINT G/L: YESUNPOSTED ONLY: NOEXCLUDE UNPOSTED: NOMANUAL ONLY: NOSTUB COMMENTS: NOREPORT FOOTER: NOCHECK STATUS: NOPRINT STATUS: * - All------------------------------------------------------------------------------------------------------------------------------------
1 City of Portola
MINUTES
Regular Meeting
July 08, 2026 06:00 PM
35 Third Ave, Portola, CA 96122
https://www.cityofportola.com/
https://zoom.us/j/3583067836
1. Call to Order
The meeting was called to order at 6:00 pm by Mayor Bill Powers.
1. Roll Call
Present: Mayor Bill Powers, Mayor Pro Tem Mikki Battaglia, Councilmember Jim Murphy, Councilmember Lauren Miller
Absent: Councilmember Stephan Mangum
Staff Present: City Manager Ryan Bonk, Administrative Services Manager Kristen Schiavone, City Attorney Steve Gross (Zoom), Finance Officer Susan Scarlett (Zoom)
2. Pledge of Allegiance
Led by Mayor Bill Powers
2. Public Comments
No public comment.
3. City Communications
1. City Council Communications
Councilmember Murphy had nothing to report.
Councilmember Miller had nothing to report.
Mayor Pro Tem Battaglia attended the Fire Safe Council meeting on June 11th, 2026. She attended the Lost Sierra Chamber of Commerce meeting on June 17th, 2026 and the Portola Fire Wise meeting on June 18th, 2026. She also mentioned that the next Portola Firewise meeting is taking place on August 20th and Lori Pini with Plumas County OES (Office of Emergency Services) will be presenting on evacuation preparedness.
Mayor Powers attended the Firewise Leads Meeting meeting on July 8th, 2026. He also spoke with Forrest Craig, the organizer of the upcoming Joint Emergency Wildfire Evacuation exercise taking place on July 16th, 2026.
2. Reports: Beckwourth Peak Fire Protection District / Plumas County Sheriff / Northern Sierra Air
2 Quality
Beckwourth Peak Fire Protection District - No report.
Plumas County Sheriff - No report.
Northern Sierra Air Quality - Mayor Pro Tem Battaglia reported that the 2026 Firewood Voucher program is going to end on July 15th, 2026 and that around seventy households in the area received two cords of firewood which is over the fifty households estimated. She also reported on the wood stove change outs for 2026.
3. Staff Communications
No report.
4. City Manager Report
City Manager Bonk reported that no alarms have been recorded on the continuous monitoring equipment installed on the Gulling Street Bridge. He also reported that the City is still awaiting the final Caltrans inspection report.
He provided an update on the Structural Rehabilitation Funding Applications. The United States Department of Transportation grant for preliminary engineering funding was not awarded to the City. On Caltrans's recommendation, the City applied for a third grant through the Federal Highway Administration (FHWA), a fully federally funded program. Staff should find out by the end of August 2026 whether the City will be awarded this grant. Funding for the Caltrans Highway Bridge Program (HBP) award will not be known until 2027. He also reported that staff met with Senator Schiff’s office to discuss how critical this funding is to our region, and the Senator’s office promised to share the City’s concerns at the Federal level.
He discussed the upcoming Town Hall meeting at the Portola Veterans’ Hall on Wednesday, July 27th, 2026, from 5:30pm to 7:30pm, with Plumas County Supervisor Dwight Ceresola participating. A press release will be published closer to the meeting.
City Manager Bonk provided an update on the work being done by public works and the admin staff as follows:
Last week, public works completed a water line repair. Residents were sent a message via the Gensys Alert System about a potential water shutoff in the affected area; however, the repairs were made without shutting off the water.
The Golden Springs non-potable water line project is making progress and is expected to be completed by the end of next week.
Next week, the crew will be working on the Riverwalk yoga and meditation garden.
The newly hired accounting technician is doing a great job in the position. Along with the successful hire, the accounting work instructions were consolidated into a single Standard Operating Procedure (SOP), condensing 20 instructions into a streamlined process that enables any staff member to complete accounting tasks.
Staff is currently working on a draft Code Enforcement SOP. They are also reviewing and editing the current Utility Billing Policy. Both of these items will be brought before the council by the end of the year.
The City has launched a new interactive platform on our website that allows people to engage
3 with the City's budget and better understand how it works. The City is also considering launching an interactive platform for the public to view metrics on how the City provides services to people.
4. Consent Agenda
1. Claims:
Adopt Resolution No. 2663. The resolution authorizes payment of payroll from June 13th, 2026 through June 26th, 2026 and accounts payable from June 25th, 2026 through July 8th, 2026 The amount of payroll to be paid is $55,927.65
The amount of accounts payable to be paid is $159,933.59 The total amount to be paid is $215,861.24
2. Minutes
Adopt the minutes of the June 24th, 2026 Regular City Council Meeting.
Councilmember Jim Murphy motioned to approve. Mayor Pro Tem Mikki Battaglia seconded the motion.
The roll call vote:
Aye Mayor Bill Powers Aye Mayor Pro Tem Mikki Battaglia Aye Councilmember Jim Murphy Aye Councilmember Lauren Miller Absent Councilmember Stephan Mangum
5. Wildland Fire Evacuation Exercise
City Manager Bonk provided an overview of the materials to be used in next week's joint emergency fire evacuation exercise. He went over the primary goals of the evacuation, which were designed to validate evacuation procedures such as emergency public notifications, traffic management, shelter operations, interagency communications, and healthcare coordination. The exercise is also intended to identify gaps prior to a real evacuation event.
He advised that the evacuation flyer that went out with the utility billing statements will be posted on the City of Portola website and the City’s Facebook page. He also stated that Mayor Powers will be present during the evacuation drill as a representative of the council.
Some other topics discussed included the evacuation drill being centered on the Nakoma, Iron Horse, and South Portola (South of the River). Signs will be placed throughout the area to inform the public of the live drill. Various agency staff and volunteers will be out in public during the event to answer questions, receive feedback from participants, and ease any concerns of those unaware of the planned evacuation drill.
6. Bank Account Signature Authorization and Removal
The motion to add Bill Powers and to remove Pat Morton as signatory authority on the city's financial accounts was approved by vote on as follows:
Mayor Pro Tem Mikki Battaglia motioned to approve. Councilmember Lauren Miller seconded the motion.
The motion passed with the following vote:
4 In Favor Opposed
4 Abstained 1 Absent Recused
7. Ad Hoc Committee Consideration
The council discussed creating an Ad Hoc committee to review Permanent Local Housing Allocation (PLHA) funding. No decision was made on creating a new Ad Hoc committee for this purpose.
An Ad Hoc Committee consisting of Bill Powers and Mikki Battaglia was created to to make a recommendation on to how to further participate in this program. The Ad Hoc committee will bring their recommendation to the Council at a future regular meeting to either establish an Ad Hoc Committee or designate the function to a standing committee.
8. Adjournment
The regular meeting of the Portola City Council adjourned at 6:40pm.
1 MEETING DATE: July 22, 2026
AGENDA ITEM: 5. TCE Solutions Inc.: Senior Code Enforcement Contract & July 2026 Update FROM: Ryan Bonk
RE: TCE Solutions Inc.: Senior Code Enforcement Contract & July 2026 Update BACKGROUND:
Historically, the City has contracted with TCE Solutions Inc. (Irma Gowin) to provide Senior Code Enforcement consulting services to the City on a not to exceed basis. The consulting services provided have assisted the City in various ways, including but not limited to:
1. Oversight on more complex enforcement cases
2. Advanced officer training for our staff
3. Development of program initiatives
4. Development of Standard Operating Procedures (SOPs)
5. Public education
Provided as an attachment to this staff report is the July 2026 update from Senior Code Enforcement consultant Irma Gowin. This update contains the current status, significant program accomplishments, and future goals for the department.
EXECUTIVE SUMMARY:
In order to continue the development of the department, the City has requested a quote from TCE Solutions Inc. to continue to provide professional services for Senior Code Enforcement Services for Fiscal Year 2026-2027. Attached is the draft contract for the City Council to consider.
The draft contract utilizes the same contract template that was reviewed by the City Attorney for prior contracts for these professional services with changes to the dates, scope of work, and rates.
Per the draft contract, TCE Solutions Inc. will assist the City in code enforcement, working in conjunction with the City’s Public Engagement Officer, in all levels of code enforcement duties providing support and guidance to meet the complex demands of the City which include the following:
1. Assist with the development and implementation of receivership program
2 2. Address current and/or outstanding cases with either health and/or safety concerns
3. Address additional issues that involve blight and visual impacts
4. Utilize common tools for code enforcement including administrative remedies
5. Review of Code Enforcement Policies and Procedures to enhance the program
6. Streamline the Administrative Citation process by improving the Notices of Violation and Administrative Citations
7. Continue advancing challenging cases that require substantial and/or Senior Code Enforcement assistance throughout the course of the case
8. Examine the potential to create a permit process for a Short-Term Rental program
9. Examine the potential to create a Rental Housing Inspection Program to address substandard conditions in residential homes of two or more units
FISCAL IMPACT:
The agreement will be in effect for fiscal year 2026-2027.
Budget Breakdown:
Adopted Budget Fiscal Year 2026-2027: $15,360.00
TCE Solutions Inc. Not To Exceed: $15,840.00
This contract is included in the adopted 2026-2027 fiscal year budget under the Law Enforcement, Professional Services line item. The adopted budget is slightly less than the not to exceed amount of the new contract due to a small increase in the hourly billing. We anticipate utilizing unused balances from elsewhere in department to cover this overage, if necessary.
RECOMMENDATION:
Staff recommends that City Council approve the agreement for professional services with TCE Solutions Inc.
ATTACHMENTS:
A. CODE ENFORCEMENT SERVICES UPDATE JULY 2026
B. TCE SOLUTIONS PROFESSIONAL SERVICES AGREEMENT FY2026-2027-PSA-001 DRAFT
3
SENIOR CODE ENFORCEMENT CONSULTING SERVICES
July 2026 Update
PROGRAM STATUS
Staffing and Professional Development:
Public Engagement Officer Brian Attama, hired in August 2024, has become a highly effective Code Enforcement professional and has demonstrated the knowledge, dedication, and performance that fully support his recent appointment as a full-time employee.
Brian maintains his professional status as a Certified Code Enforcement Officer (CCEO) by completing the State of California's required Code Enforcement Officer’s continuing education units (CEUs), ensuring his knowledge remains current with evolving laws, regulations, and best practices in code enforcement (AB 2228). He continues to perform all Code Enforcement functions independently and is fully capable of administering both administrative citation remedies and criminal court citations when appropriate.
At the same time, the City's Code Enforcement Consultant, certified Senior Code Enforcement Officer, Irma Gowin, continues to oversee the more complex enforcement cases, special projects, and program development initiatives. This collaborative approach allows the Public Engagement Officer to effectively manage day-to-day enforcement activities while ensuring that challenging cases involving significant legal, safety, or procedural issues receive the appropriate level of expertise and oversight.
The consultant continues to expand and assist in strengthening the overall Code Enforcement Program by developing policies and procedures, providing ongoing staff mentorship and training, addressing complex nuisance and dangerous building matters, and implementing long-term program improvements. These efforts are intended to further enhance the effectiveness, consistency, and transparency of the City's Code Enforcement Program, while continuing to build public trust and demonstrate the City's commitment to serving the residents of Portola fairly, professionally, and with accountability.
This team’s professionalism, communication skills, and commitment to voluntary compliance have significantly strengthened the City's Code Enforcement Program and continue to reinforce its customer service-oriented philosophy.
PROGRAM ACTIVITY
Current Status:
Since implementation of the reorganized program, the City has continued to successfully resolve most reported violations through education and voluntary compliance.
The priority-based case management system remains effective in ensuring that the most serious threats to public health and safety receive immediate attention while maintaining timely responses to lower-priority cases.
Staff continue to monitor and address violations involving:
• Dangerous and substandard buildings
• Housing violations
• Zoning violations
• Building code violations
• Abandoned vehicles
• Weed abatement
• Public nuisance complaints
• Unpermitted commercial activities
• Miscellaneous minor violations
PROGRAM ACCOMPLISHMENTS
Significant accomplishments include:
• Development of the Code Enforcement comprehensive Standard Operating Procedures (SOPs) tailored to the City's legal requirements and community needs to ensure consistency and efficiency.
o In final staff review prior to City Attorney’s review and Council consideration • Health and Safety Receivership Program approval by City Council and scheduled to begin this FY2026-2027 which will significantly address:
o Over 30 properties exhibiting dangerous or severely substandard conditions presenting and contributing to attractive nuisances and criminal activity o Reduce calls for Code Enforcement, Building, Fire, and Law Enforcement services, and public health and life-safety concerns
• Continued solid emphasis on customer service and education. • Strong voluntary compliance rates with minimal reliance on administrative citations. • Consistent maintenance of organized electronic case files. • Solid coordination between Code Enforcement, Building, Fire, Law Enforcement and other outside agencies including Plumas County.
• Increased professionalism through continued advanced officer training. • Continued development of community trust through respectful and consistent enforcement practices.
FUTURE GOALS
• With Council approval, implement a Comprehensive Proactive Code Enforcement Program to Reduce Visible Blight
o Develop and implement a structured, citywide proactive inspection program to systematically identify and address visible blight throughout the community. o Complete and implement a Residential Guide to City Ordinances booklet to enhance community education, promote voluntary compliance, and provide residents with a better understanding of City requirements.
o Utilize objective criteria, including law enforcement calls for service, complaint history, and other measurable data, to establish enforcement priorities and minimize the potential for selective enforcement concerns.
o Promote transparency by ensuring enforcement activities are consistent, fair, and clearly communicated to the public.
o Enhance the appearance of neighborhoods and public spaces by reducing blight, improving property maintenance, and encouraging community pride. o Support the City's ongoing commitment to protecting public health, safety, property values, and the overall quality of life for residents and visitors. • Several long-term initiatives remain priorities for continued program development:
o Additional educational pamphlets, flyers, and other informational materials o Strengthen officer safety protocols and practices
• Administrative Citation Improvements to improve clarity, streamline due process, and increase administrative efficiency.
Conclusion
The Code Enforcement Program continues to evolve into a proactive, community-focused service that prioritizes education, voluntary compliance, and public safety. The investment in staff training, improved case management practices, and professional development has strengthened the City's ability to address community concerns effectively while maintaining positive relationships with residents.
As Portola continues to grow, implementation of the identified long-term initiatives will further enhance public safety, improve neighborhood quality, and ensure the continued success and sustainability of the City's Code Enforcement Program.
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City of Portola Project No.:
FY2026-2027-PSA-001
AGREEMENT FOR PROFESSIONAL SERVICES
CITY OF PORTOLA
P.O. Box 1225
35 Third Avenue
Portola, California 96122
Telephone (530) 832-6800
Date: July 22, 2026
Project Name: Senior Code Enforcement Services- Fiscal Year 2026-2027 City of Portola Project No.: FY2026-2027-PSA-001
CONSULTANT:
TCE Solutions Inc.
PO Box 1562
Salinas, CA 93902
Irma S. Gowin
[email protected]
The terms of this Agreement are contained in the body of the agreement and in Attachments A through C. Each attachment is incorporated herein by reference and becomes an integral part of this Agreement between the parties when the Agreement is signed. IN THE EVENT THAT THERE IS ANY INCONSISTENCY BETWEEN
TERMS AND PROVISIONS IN THE BODY OF THIS AGREEMENT AND TERMS
AND CONDITIONS IN THE ATTACHMENTS, THE TERMS AND PROVISIONS IN
THE BODY OF THIS AGREEMENT CONTROL OVER ANY INCONSISTENT TERM OR PROVISION IN THE ATTACHMENTS.
For your protection, make sure that you read and understand all provisions before signing.
Instructions: Sign and return original. Upon acceptance by the City of Portola (“CITY”), a copy will be signed by the CITY’s authorized representative and returned to you. Insert the name/s of your authorized representative(s) in the place provided.
1.0 TERM OF THE AGREEMENT
1.1 This AGREEMENT shall be effective on the date that it is executed by the CITY.
1.2 This AGREEMENT shall terminate on June 30, 2027, unless sooner terminated in accordance with Section 8.0
1.3 The CONSULTANT shall commence the performance of the DESCRIBED SERVICES immediately after the fee and schedule are agreed upon and a written Notice To Proceed is issued.
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City of Portola Project No.:
FY2026-2027-PSA-001
2.0 CONSULTANT'S OBLIGATIONS AND SCOPE OF WORK ATTACHMENT A
2.1 CONSULTANT shall provide the professional services which are described in ATTACHMENT A, hereinafter referred to as “DESCRIBED SERVICES.”
2.2 CONSULTANT shall perform all the tasks required to accomplish the DESCRIBED SERVICES in conformity with the applicable requirements of Federal, State and local laws in effect at the time that the scope of work is substantially completed by the CONSULTANT. The CONSULTANT shall comply with applicable standards of professional care in the performance of the DESCRIBED SERVICES. Where any circumstance exists for which the CONSULTANT must make a judgment that could result in a materially different change in condition, the CONSULTANT shall advise the CONTRACT OFFICER in advance and request specific direction.
2.3 The CONSULTANT shall, without additional compensation, correct or revise any DESCRIBED SERVICES that do not meet the standard of professional responsibility.
2.4 The CITY's review, approval or acceptance of, or payment for, the services required under this AGREEMENT shall not be construed to operate as a release or waiver of any rights of the CITY under this AGREEMENT or of any cause of action arising out of CONSULTANT’s performance of this AGREEMENT, and CONSULTANT is responsible to the CITY for all damages to the CITY caused by the CONSULTANT's performance of any of the services under this AGREEMENT.
2.5 CONSULTANT shall maintain all of its records related to the project for a minimum of five (5) years from the date of final payment. CONSULTANT shall permit representatives of the CITY to review all project related records.
3.0 PAYMENT (ATTACHMENT B)
3.1 The amount of payment to the CONSULTANT for providing the DESCRIBED SERVICES is set forth in ATTACHMENT B. No payment shall be allowed for unless specifically described in ATTACHMENT B.
4.0 CITY'S OBLIGATIONS
4.1 The CITY’S City Manager or a designated CITY Representative shall serve as the CITY’S “CONTRACT OFFICER” for this AGREEMENT and has the authority to execute this AGREEMENT, direct the CONSULTANT, approve actions, request
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City of Portola Project No.:
FY2026-2027-PSA-001
changes, and approve additional services. Any obligation of the CITY shall be the responsibility of the CONTRACT OFFICER. Excepting the provisions pertaining to dispute resolution, no other party shall have any authority under this AGREEMENT unless specifically delegated in writing.
5.0 SUBCONTRACTING (ATTACHMENT C)
5.1 The name and location of the place of business of each SUB-CONSULTANT that CONSULTANT will use to perform work or render service to the CONSULTANT in performing this AGREEMENT is contained in ATTACHMENT C. No change to any SUB-CONSULTANT shall be made without the written approval of the CONTRACT OFFICER.
5.2 If CONSULTANT subcontracts for any of the work to be performed under this AGREEMENT, CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of CONSULTANT's SUB-CONSULTANTs and for the persons either directly or indirectly employed by the SUB-CONSULTANTs, as CONSULTANT is for the acts and omissions of CONSULTANT and persons directly employed by CONSULTANT. Nothing contained in the AGREEMENT shall create any contractual relationship between any SUB-CONSULTANT of the CONSULTANT and the CITY.
CONSULTANT shall bind every SUB-CONSULTANT to the terms of the AGREEMENT applicable to the CONSULTANT’s work unless specifically noted to the contrary in the subcontract in question and approved in writing by the CONTRACT OFFICER.
5.3 The CITY may unilaterally reduce the scope of work to be performed by the CONSULTANT. Upon doing so, the CITY and CONSULTANT agree to meet and confer in good faith to negotiate a deductive change order.
6.0 CHANGES TO THE SCOPE OF WORK
The CONSULTANT shall not perform work in excess of the DESCRIBED SERVICES without the prior written approval of the CONTRACT OFFICER. All requests for extra work shall be by written Change Order submitted to the CONTRACT OFFICER and signed prior to the commencement of such work. Fees for additional work will be negotiated on a fixed fee basis.
7.0 VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent or employee of the CITY, either before, during or after the execution of this AGREEMENT, shall affect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle CONSULTANT to any additional payment whatsoever unless approved by the CONTRACT OFFICER.
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City of Portola Project No.:
FY2026-2027-PSA-001
8.0 TERMINATION OF AGREEMENT
8.1 In the event of the CONSULTANT’s failure to prosecute, deliver, or perform the DESCRIBED SERVICES the CITY may terminate this AGREEMENT for cause by notifying CONSULTANT by certified mail of said termination. Thereupon, CONSULTANT shall cease work and within five (5) working days, assemble all documents owned by the CITY and in CONSULTANT's possession, and deliver said documents to the CITY, and ensure that all work in progress is placed in a safe and protected condition. The CONTRACT OFFICER shall make a determination of the percentage of work that CONSULTANT has performed that is usable and of worth to the CITY. Based upon that finding, the CONTRACT OFFICER shall determine any final payment due to CONSULTANT.
8.2 This AGREEMENT may be terminated by the CITY, without cause, upon the giving of fifteen (15) days’ written notice by certified mail to the CONSULTANT. Prior to the fifteenth (15th) day following the giving of the notice, the CONSULTANT shall cease work, assemble all documents owned by the CITY and in CONSULTANT'S possession and deliver said documents to the CITY, and ensure that all work in progress is placed in a safe and protected condition. The CONTRACT OFFICER shall make a determination of the percentage of work that CONSULTANT has performed that is usable and of worth to the CITY. Based upon that finding, the CONTRACT OFFICER shall determine any final payment due to CONSULTANT.
9.0 PROFESSIONAL RELATIONSHIP. CONSULTANT shall serve as the CITY’S professional representative.
10.0 PARTIES TO ACT IN GOOD FAITH. CITY and CONSULTANT agree to cooperate with each other in order to fulfill their responsibilities and obligations under this Agreement. Both CITY and CONSULTANT shall endeavor to maintain good working relationships among members of the project team.
11.0 LIMITATION ON DIRECTIVES TO CONSULTANT. CONSULTANT shall not accept direction or orders from any person other than the CONTRACT OFFICER or the person(s) whose name(s) is (are) inserted on Page 9 as “other authorized representative(s).”
13.0 CHANGES IN SCOPE OF WORK--EXTRA SERVICES. CITY agrees that if CITY requests services not specified in the scope of services described in this Agreement, CITY will pay for all such additional services as extra services, in accordance with CONSULTANT’s billing rates utilized for this agreement. Any change in the scope of the professional services to be done, method of performance, nature of materials or price thereof, or to any other matter materially affecting the performance or nature of the professional services will not be paid for or accepted unless such change, addition or deletion is approved in advance, in writing by a supplemental agreement executed by the
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City of Portola Project No.:
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CITY’s “authorized representative(s)”. CONSULTANT’s “authorized representative(s)” has (have) the authority to execute such written change for CONSULTANT.
14.0 PERMITS. Permits required by governmental authorities will be obtained at the Owners expense, and CONSULTANT will comply with applicable local, state, and federal regulations and statutes including Cal/OSHA requirements.
15.0 TERMS OF PAYMENT. Payment, unless otherwise specified in Attachment B, is to be thirty (30) days after acceptance by the CITY. For basic service performed by the CONSULTANT, the CITY shall pay the CONSULTANT in accordance with monthly statements submitted by the CONSULTANT. Payment for extra services shall be based on monthly statements submitted by the CONSULTANT for the extra services performed by the CONSULTANT during the preceding month. The CONSULTANT shall be paid interest on payments due from the CITY which are not received within thirty (30) days of the date of billing. The interest rate shall be one percent (1%) per month on the unpaid balance or the maximum legal rate that the CITY can pay, whichever is less.
16.0 INDEMNIFICATION. CONSULTANT shall defend, indemnify and hold the CITY, its elected and appointed officials , officers, employees, and authorized volunteers harmless from losses, liabilities, expenses, including reasonable attorney’s fees, damages and costs arising out of personal injury, death, or property damage, but only to the extent such losses, liabilities, expenses, damages and costs arise out of, pertain to or relate to the negligence, recklessness or willful misconduct of CONSULTANT under this Agreement.
CONSULTANT shall also defend itself against any and all liabilities, claims, losses, damages, and costs arising out of or alleged to arise out of CONSULTANT’S performance or non-performance of the work hereunder, and CONSULTANT shall not tender such claims to CITY nor to its elected or appointed officials, officers, employees, or authorized volunteers, for defense or indemnity. Further, as respects CONSULTANT’S operations (as opposed to CONSULTANT’S professional services), CONSULTANT shall also provide the CITY a defense, and indemnify and hold the CITY harmless from losses, liabilities, expenses, including reasonable attorney’s fees, damages and costs through and as an additional insured to CONSULTANT’S commercial general liability policy.
17.0 WORKERS’ COMPENSATION INSURANCE. By his/her signature hereunder, CONSULTANT certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and that CONSULTANT will comply with such provisions before commencing the performance of the professional services under this Agreement.
CONSULTANT and SUB-CONSULTANTs will keep workers’ compensation insurance for their employees in effect during all work covered by this agreement.
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18.0 PROFESSIONAL LIABILITY INSURANCE. CONSULTANT will file with the CITY, before beginning professional services, a certificate of insurance satisfactory to the CITY evidencing professional liability coverage of not less than $1,000,000 per claim and annual aggregate, requiring thirty (30) days’ notice of cancellation (10 days for nonpayment of premium) to the CITY. Any insurance, self-insurance or other coverage maintained by the CITY, its elected and appointed officials, officers, employees, or authorized volunteers shall not contribute to it. Coverage is to be placed with a carrier with an A.M. Best rating of no less than A-:VII, or equivalent, or as otherwise approved by the CITY. The retroactive date (if any) is to be no later than the effective date of this Agreement. In the event that the CONSULTANT employs other CONSULTANTs (SUB-CONSULTANTs) as part of the work covered by this agreement, it shall be the CONSULTANT’s responsibility to require and confirm that each SUB-CONSULTANT meets the minimum insurance requirements specified above.
19.0 GENERAL LIABILITY INSURANCE. CONSULTANT will file with the CITY, before beginning professional services, certificates of insurance satisfactory to the CITY evidencing general liability coverage of not less than $1,000,000 per occurrence ($2,000,000 general and products-completed operations aggregate (if used)) for bodily injury, personal injury and property damage; auto liability of at least $1,000,000 for bodily injury and property damage each accident limit; workers’ compensation (statutory limits) and employer’s liability ($1,000,000) (if applicable); requiring thirty (30) days (ten (10) days for non-payment of premium) notice of cancellation to the CITY. Any insurance, self-insurance or other coverage maintained by the CITY, its elected and appointed officials, officers, employees, or authorized volunteers shall not contribute to it. The general liability coverage shall give the CITY, its elected and appointed, officers, employees, and authorized volunteers insured status using ISO endorsement CG2010, CG2033, or equivalent. Coverage is to be placed with a carrier with an A.M. Best rating of no less than A- :VII, or equivalent, or as otherwise approved by the CITY. In the event that the CONSULTANT employs other CONSULTANTs (SUB-CONSULTANTs) as part of the work covered by this agreement, it shall be the CONSULTANT’s responsibility to require and confirm that each SUB-CONSULTANT meets the minimum insurance requirements specified above.
20.0 CONTINUATION OF INSURANCE COVERAGE. If any of the required coverages expire during the term of this Agreement, the CONSULTANT shall deliver the renewal certificate(s) including the general liability additional insured endorsement to the CITY at least ten (10) days prior to the expiration date.
21.0 CONFLICT OF INTEREST. CONSULTANT agrees that it will not undertake work for any other principal or client which could pose a conflict of interest or provide for the utilization of the experience, knowledge and work product produced as a result of this Agreement for the benefit of a party whose interests may be adverse to those of the CITY. CONSULTANT agrees that it will not undertake work in which a conflict of interest may arise for a period of ten (10) years after the date of execution of this Agreement without first exploring the nature of the work and the potential for conflict of
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interest with the interest of the CITY or potential disadvantageous results of the undertaking or the utilization of the CITY’s work products. If the CITY reasonably determines that there could be a conflict of interest or will be a conflict of interest, CONSULTANT agrees not to undertake such work or to offer to perform such work until the issue has been resolved by arbitration if CONSULTANT shall disagree. The arbitration shall be conducted in an expeditious fashion so that CONSULTANT shall not be barred or prevented by time lapses from making offers of proposals or being considered in regard to the performance of that work.
22.0 WORK PRODUCT. CONSULTANT agrees that if any work product involves the development of methodologies, computer programs, or statistical or data gathering methodology, that work product methodology, computer program, coding system, or similar method for gathering, compiling or appraising data shall be a portion of the work product of CONSULTANT which is owned by and shall be provided to CITY upon its request. CONSULTANT agrees that CITY, upon payment in full for services rendered and expenses incurred, shall be entitled to all photographs, notes, maps, calculations, observations, computer programs, runs or compilations, statistics, preliminary design, final design, work drawings, shop drawings or calculations, or any and all other “work product” of CONSULTANT, and upon early termination or termination in due course or thereafter, may request that such materials may be copied and the copies retained by CONSULTANT and the originals provided to CITY. Any use, re-use or modification of CONSULTANT’S instruments of service without CONSULTANT’S participation shall be at CITY’S sole risk, and CITY agrees to indemnify, defend and hold CONSULTANT harmless from any claims, liabilities, damages or expenses, including reasonable attorney’s fees, to the extent arising out of such use, re-use or modification. CITY shall also receive any and all documentation on computer diskette compatible with CITY word processing or other computer programs, including input data as well as output data. The reasonable costs of copying shall be a Project Cost payable by the CITY. Files in electronic media format or text, data, graphic or other types that are furnished by CONSULTANT to the CITY are only for convenience of the CITY. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk.
When transferring documents in electronic media format, Consultant makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems or computer hardware differing from those in use by consultant at the beginning of this assignment.
23.0 DISCLOSURE OF USE OF WORK PRODUCT OR CONSULTANT. CITY and CONSULTANT agree that in performing the work, CONSULTANT will gain information, experience and methodologies which may be usable in other work of CONSULTANT, so long as that other work does not cause a conflict of interest or work to the disadvantage of CITY. The CITY will have no claims for the monetary value of the experience, methodology, or use of the work methods for other work undertaken by the CONSULTANT. However, CONSULTANT agrees that it will not publish any
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articles, provide any interview, make public comments, or supply copies of any work product of CONSULTANT done for CITY except in accordance with valid legal process served upon it or pursuant to the written direction of CONSULTANT. In those circumstances in which the CITY notifies CONSULTANT in writing that a matter shall be treated as subject to this provision until further order of the CITY, CONSULTANT will not provide any of this work product to any third party. CITY is a governmental entity and may be subject to the Public Records Act, Freedom of Information Act, or other terms and provisions of the law, depending upon the circumstances.
CONSULTANT agrees that the determination of that applicability shall be solely within the authority of CITY, and CONSULTANT shall not make work product or other materials available to third parties or other governmental agencies unless directed to do so by CITY. The purpose of this provision is to establish a method to provide persons or agencies public information that they are entitled to receive while keeping uniform records about the availability of such materials, the dates that such information is provided to persons entitled to receive it, and to ensure that complete response is made to valid legal requests for information, whether pursuant to administrative, legal or Public Records Act requests. Nothing in this Agreement shall render the records, documents or materials of CONSULTANT as a public record available for inspection or review, except to the extent required by law.
24.0 DISPUTE RESOLUTION
24.1 THE PARTIES AGREE THAT IF ANY DISPUTE SHOULD ARISE UNDER THE
TERMS AND PROVISIONS OF THIS AGREEMENT, THE PARTIES AGREE FIRST
TO TRY, IN GOOD FAITH, TO SETTLE THE DISPUTE BY MEDIATION, BEFORE RESORTING TO ARBITRATION. THE COSTS OF MEDIATION SHALL BE BORNE EQUALLY BY THE PARTIES. NEITHER PARTY SHALL FILE LEGAL
ACTION WITHOUT FIRST MEETING IN MEDIATION AND MAKING A GOOD FAITH ATTEMPT TO REACH A MEDIATED RESOLUTION. THE MEDIATION
SHALL BE CONDUCTED IN TRUCKEE, CALIFORNIA, UNLESS THE PARTIES AGREE TO CONDUCT IT IN A DIFFERENT LOCATION. IF, FOR ANY DISPUTE
OR CLAIM TO WHICH THIS PARAGRAPH APPLIES, ANY PARTY COMMENCES
ARBITRATION OR COURT ACTION WITHOUT FIRST ATTEMPTING TO
RESOLVE THE MATTER THROUGH MEDIATION OR REFUSES TO MEDIATE
AFTER A WRITTEN REQUEST HAS BEEN MADE, THEN THAT PARTY SHALL
NOT BE ENTITLED TO RECOVER ATTORNEY FEES, EVEN IF THEY WOULD OTHERWISE BE AVAILABLE TO THAT PARTY IN ANY SUCH ACTION. IF THE
DISPUTE IS NOT SETTLED BY MEDIATION, THE DISPUTE SHALL BE RESOLVED BY ARBITRATION.
24.2 THE DETERMINATION OF THE ARBITRATOR WILL BE FINAL AND BINDING
UPON EACH PARTY AND EACH PARTY SPECIFICALLY WAIVES ANY RIGHT
TO CLAIM THAT THE ARBITRATOR HAS EXCEEDED THE SCOPE OF THE
ARBITRATION, HAS DISREGARDED EVIDENCE OR PRINCIPLES OF LAW,
AND FURTHER WAIVES ANY RIGHT TO DISCLAIM THE QUALIFICATIONS OR
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FUNCTION OF THE ARBITRATOR IN ANY MANNER WHATSOEVER.. THE
MEDIATION SHALL BE CONDUCTED IN TRUCKEE, CALIFORNIA, UNLESS THE PARTIES AGREE TO CONDUCT IT IN A DIFFERENT LOCATION.
24.3 APPOINTMENT OF THE ARBITRATOR SHALL BE MADE BY MUTUAL AGREEMENT OF THE PARTIES. IF THE PARTIES CANNOT AGREE UPON THE IDENTIFICATION OF THE ARBITRATOR WITHIN THIRTY (30) DAYS FROM
THE MAILING OF THE OBJECTION, A PETITION FOR APPOINTMENT OF
ARBITRATOR SHALL BE FILED WITH THE SUPERIOR COURT OF THE COUNTY OF NEVADA.
24.4 THE ARBITRATOR'S FEES AND FEES AND COSTS OF PETITIONING FOR THE
APPOINTMENT OF THE ARBITRATOR SHALL BE PAID BY ONE OR BOTH
PARTIES TO THE ARBITRATION IN ACCORDANCE WITH THE
DETERMINATION OF THE ARBITRATOR AS TO THE FAIR APPORTIONMENT OF SUCH FEES AND COSTS. THE ARBITRATOR UPON RENDERING ITS
AWARD SHALL DETERMINE THE PARTY THAT PREVAILED BASED UPON
WRITTEN STATEMENTS MADE BY EACH PARTY AT THE COMMENCEMENT
OF THE ARBITRATION AS TO THE POSITION OF THE PARTIES AND THEIR ALTERNATIVES FOR SETTLING THE MATTER. A STATEMENT OF A
PROPOSED SETTLEMENT SHALL NOT BE BINDING UPON ANY PARTY AND
SHALL NOT BE CONSIDERED AS EVIDENCE BY THE ARBITRATOR EXCEPT
TO THE EXTENT THAT THE ARBITRATOR UPON MAKING ITS SOLE AND
INDEPENDENT DETERMINATION SHALL DETERMINE THE PARTY WHICH
PREVAILED BASED UPON THE PROPOSALS FOR SETTLEMENT OF THE MATTER MADE BY EACH PARTY AND SHALL DETERMINE THAT THE NONPREVAILING PARTY SHALL PAY SOME OR ALL OF THE COSTS OF
ARBITRATION INCLUDING ANY COSTS INCURRED BY THE ARBITRATOR
AND IN EMPLOYING EXPERTS TO ADVISE THE ARBITRATOR IN REGARD TO SPECIFIC SUBJECTS OR QUESTIONS. THE ARBITRATOR MAY FURTHER
AWARD THE COST OF ATTORNEYS' FEES OR EXPERT WITNESSES
CONSULTED OR EMPLOYED IN THE PREPARATION OR PRESENTATION OF
EVIDENCE TO THE ARBITRATOR BY THE PREVAILING PARTY IF, IN THE
ARBITRATOR'S DETERMINATION, THE POSITION OF THE NON-PREVAILING
PARTY WAS NOT REASONABLY TAKEN OR MAINTAINED OR WAS BASED
UPON A FAILURE TO PROPERLY EXCHANGE OR COMMUNICATE
INFORMATION WITH THE PREVAILING PARTY IN REGARD TO THE SUBJECT SUBMITTED TO ARBITRATION.
24.5 THE ARBITRATOR'S DETERMINATION MAY FURTHER PROVIDE FOR
PROSPECTIVE ENFORCEMENT AND DIRECTIONS FOR THE PARTIES TO COMPLY WITH. UNDER SUCH CIRCUMSTANCES, THE ARBITRATOR'S
AWARD SHALL BE BINDING UPON THE PARTIES AND SHALL BE
UNDERTAKEN AND PERFORMED BY EACH OF THE PARTIES UNTIL SUCH
TIME AS THE ARBITRATOR'S DIRECTIONS TO THE PARTIES SHALL LAPSE
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BY THEIR TERMS, OR THE ARBITRATOR SHALL NOTIFY THE PARTIES THAT
THOSE TERMS ARE NO LONGER IN FORCE OR EFFECT, OR SHALL MODIFY THOSE TERMS.
25.0 FORCE MAJEURE. If either party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, labor troubles, inability to procure materials, restrictive governmental laws or regulations of the United States or any state or political subdivision thereof or other cause without fault and beyond the control of the party obligated, specifically excepting any asserted financial difficulty including fluctuations of local and national economics, and fluctuations in the price of precious metals, performance of such act shall be excused for the period equivalent to the period of such delay, specifically provided that the total period(s) of delay permitted under this paragraph will not exceed five (5) years.
26.0 SEVERABILITY. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this agreement shall be valid and binding on CITY and CONSULTANT.
27.0 CHOICE OF LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
28.0 NO ASSIGNMENT. CONSULTANT shall not assign this Agreement without the prior written consent of the CONTRACT OFFICER.
29.0 WHOLE AND ENTIRE AGREEMENT. This Agreement contains the entire agreement between CITY and CONSULTANT relating to the project and the provision of services for the project. Any prior agreements, promises, negotiations or representations not expressly set forth in this agreement are of no force or effect.
Subsequent modifications to this Agreement shall be in writing and signed by both CITY and CONSULTANT.
30.0 NO WAIVER OR DISCLAIMER. CITY’s or CONSULTANT’s waiver of any term, condition or covenant shall not constitute the waiver of any other term, condition or covenant. CITY’s or CONSULTANT’s waiver of any breach of this Agreement shall not constitute the waiver of any other breach of the Agreement.
31.0 BINDING UPON HEIRS, SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of CITY and CONSULTANT.
32.0 STATUS OF CONSULTANT. CONSULTANT shall perform the services provided for herein in a manner of CONSULTANT's own choice, as an independent contractor and in pursuit of CONSULTANT's independent calling, and not as an employee of the CITY.
CONSULTANT shall be under control of the CITY only as to the result to be accomplished and the personnel assigned to the project. CONSULTANT shall confer
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with the CITY at a mutually agreed frequency and inform the CITY of incremental work/progress as well as receive direction from the CITY.
33.0 ASSIGNMENT OF CONTRACT AND NAMED INDIVIDUALS. CONSULTANT agrees that the individuals named below shall be personally assigned to the PROJECT to provide supervision and have responsibility for the work during the entire term of this AGREEMENT. No substitutions to these named individuals shall be made without prior approval of the Contract Officer:
34.0 COVENANT AGAINST CONTINGENT FEES. CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working for CONSULTANT, to solicit or secure this AGREEMENT, and that CONSULTANT has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this AGREEMENT. For breach or violation of this warranty, the CITY shall have the right to terminate this AGREEMENT without liability, or, at the CITY's discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
35.0 ACCOUNTING RECORDS. CONSULTANT shall keep records of the direct reimbursable expenses pertaining to the DESCRIBED SERVICES and the records of all accounts between the CONSULTANT and SUB-CONSULTANT. CONSULTANT shall keep such records on a generally recognized accounting basis. These records shall be made available to the Contract Officer, or the Contract Officer's authorized representative, at mutually convenient times, for a period of five (5) years from the completion of the work.
36.0 NOTICES
Any notices to be given under this AGREEMENT, or otherwise, shall be served by First Class mail.
The address of the CITY, and the proper person to receive any notice on the CITY's behalf, is:
City of Portola
P.O. Box 1225
35 Third Avenue
Portola, California 96122
ATTN: Ryan Bonk, City Manager
TEL. NO. (530) 832-6800
The address of the CONSULTANT, and the proper person to receive any notice on the CONSULTANT's behalf, is:
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TCE Solutions Inc.
P.O. Box 1562
Salinas, CA 93902
ATTN: Irma Gowin, President/CEO
Email: [email protected]
Tel. No. (831) 214-7764
37.0 PERIODIC REPORTING REQUIREMENTS
The CONSULTANT shall provide a written status report of the progress of the work on a monthly basis that shall accompany the CONSULTANT’s payment invoice. The status report shall, as a minimum, report the work accomplished to date, describe any milestones accomplished, show and discuss the results on any testing or exploratory work, provide a schedule update, and if not in accordance with the original schedule, describe how the CONSULTANT intends to get back on the original schedule. The status report shall also describe any problems or recommendations to increase the scope of the work and provide any other information which may be requested by the CITY.
ACCEPTED:
CITY OF PORTOLA CONSULTANT
Signature Signature
By: Ryan N. Bonk By: Irma Gowin
Title: City Manager Title: President/CEO
Co: City of Portola Co: TCE Solutions Inc.
Other authorized representative(s): Other authorized representative(s):
ATTACHMENT A - SCOPE OF WORK
ATTACHMENT B - PAYMENT FOR SERVICES
ATTACHMENT C - LISTING OF SUB-CONSULTANTS
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ATTACHMENT A
PROJECT NAME: Senior Code Enforcement Services- Fiscal Year 2026-2027 PROJECT NO.: FY2026-2027-PSA-001
SCOPE OF WORK
TCE Solutions Inc. will assist the City in code enforcement, working in conjunction with the City’s Public Engagement Officer, in all levels of code enforcement duties providing support and guidance to meet the complex demands of the City which include the following:
a. Assist with the development and implementation of receivership program b. Address current and/or outstanding cases with either health and/or safety concerns c. Address additional issues that involve blight and visual impacts d. Utilize common tools for code enforcement including administrative remedies e. Review of Code Enforcement Policies and Procedures to enhance the program f. Streamline the Administrative Citation process by improving the Notices of Violation and Administrative Citations
g. Continue advancing challenging cases that require substantial and/or Senior Code Enforcement assistance throughout the course of the case h. Examine the potential to create a permit process for a Short-Term Rental program i. Examine the potential to create a Rental Housing Inspection Program to address substandard conditions in residential homes of two or more units The above dictated scope of work is not meant to be all inclusive. At the request of the CONTRACT OFFICER, additional duties may be assigned to the scope of work upon agreement between the parties as described in this agreement.
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ATTACHMENT B
PROJECT NAME: Senior Code Enforcement Services- Fiscal Year 2026-2027 PROJECT NO.: FY2026-2027-PSA-001
PAYMENT FOR SERVICES
A. PAYMENT FOR SERVICES: Payments to the CONSULTANT for the DESCRIBED SERVICES shall be made in the form of monthly advances due for hours of services provided.
The hours of services provided shall be assessed by the sole discretion of the CONTRACT OFFICER or designated representative. The original invoice shall be provided for any subcontracted services. Normal processing time for payments is thirty (30) days.
DETAILS FY 26-27 ALL INCLUSIVE FEE /
HOURLY RATE
Senior Code Enforcement Officer $90.00
Total Hours 176
Total Not to Exceed Fee 176 Hours x $90.00/Hour = $15,840.00 All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, and office expenses. Should the scope of work change or circumstances develop which necessitate special handling, we will notify the City prior to proceeding. TCE Solutions Inc. will mail an invoice at the beginning of every month for services rendered during the previous month. Unless otherwise agreed, payment terms are 30 days from receipt of invoice.
TOTAL NOT TO EXCEED FEE $ 15,840.00
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ATTACHMENT C
PROJECT NAME: Senior Code Enforcement Services- Fiscal Year 2026-2027 PROJECT NO.: FY2026-2027-PSA-001
LISTING OF SUB-CONSULTANTS
Listed below are all SUB-CONSULTANTS that the CONSULTANT plans to employ to perform work under this AGREEMENT. No change is allowed without the prior approval of the CONTRACT OFFICER.
SUB-CONSULTANTS are paid through the CONSULTANT.
SUB-CONSULTANT SUB-CONSULTANT
_____________________________________ ______________________________________ _____________________________________ ______________________________________ _____________________________________ ______________________________________ _____________________________________ ______________________________________
SUB-CONSULTANT SUB-CONSULTANT
______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________