Salinas City Council
October 4, 2022

RESOLUTION NO. _______(N.C.S.)

A RESOLUTION APPROVING AN AMENDED AND RESTATED PROFESSIONAL

SERVICES AGREEMENT BETWEEN THE CITY OF SALINAS AND WALLACE GROUP FOR THE SANITARY SEWER MASTER PLAN UPDATE, CIP NO. 9008 WHEREAS, the City of Salinas owns and operates a municipal sanitary sewer collection system for the residents and businesses within its service area and periodically conducts studies to plan for current and future sanitary sewage collection needs; and WHEREAS, on February 16, 2021, the City authorized an agreement with Wallace Group to perform the Sanitary Sewer Master Plan (SSMP) update (Resolution No. 22051); and WHEREAS, over the course of conducting the SSMP study, certain tasks have been required that were not in the original scope of work; and WHEREAS, the original agreement approved by Council has expired and requires revision to the terms to extend the completion date; and WHEREAS, an Amended and Restated Professional Services Agreement was drafted to reflect these changes;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALINAS, that Amended and Restated Professional Services Agreement between the City of Salinas and Wallace Group to provide professional services related to the Sanitary Sewer Master Plan update (Project No. 9008) in the amount of $633,249 is hereby approved; and BE IT FURTHER RESOLVED that the City Council approves a transfer of $45,000 from the 6400 Sewer Fund to CIP 9008 (5800.50.9008-63.5400, Engineering Services); and BE IT FURTHER RESOLVED that the City Council authorizes an increase of the CIP 9008, Sanitary Sewer Master Plan appropriation in the same amount of $45,000; and BE IT FURTHER RESOLVED that the Mayor of Salinas is hereby authorized and directed, for and on behalf of the City of Salinas, and as its act and deed, to execute the attached Amended and Restated Professional Services Agreement is authorized to execute extensions and/or non-substantive modifications to the Agreement, as necessary.

PASSED AND APPROVED this 4th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_______________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk

AMENDED AND RESTATED

AGREEMENT FOR PROFESSIONAL

SERVICES FOR ENVIRONMENTAL

CONSULTANTS/ CONTRACTORS

BETWEEN

THE CITY OF SALINAS AND WALLACE
GROUP

Contents
RECITALS ..................................................................................................................................... 1 TERMS ........................................................................................................................................... 1

1. Scope of Service. ................................................................................................................. 1

2. Term; Completion Schedule. ............................................................................................... 1

3. Compensation ...................................................................................................................... 1

4. Billing .................................................................................................................................. 1

5. Meet and Confer. ................................................................................................................. 2

7. Responsibility of Consultant. ............................................................................................... 2

8. Responsibility of City. ......................................................................................................... 2

9. Acceptance of Work Not a Release. .................................................................................... 3

10. Indemnification and Hold Harmless. ................................................................................... 3

11. Insurance. ............................................................................................................................. 3

12. Access to Records. ............................................................................................................... 5

13. Assignment. ......................................................................................................................... 6

14. Changes to Scope of Work. ................................................................................................. 6

15. Ownership of Documents. ................................................................................................... 6

16. Termination. ......................................................................................................................... 6

17. Compliance with Laws, Rules, and Regulations. ................................................................ 7

18. Exhibits Incorporated. .......................................................................................................... 8

19. Independent Contractor. ....................................................................................................... 8

20. Integration and Agreement. ................................................................................................. 8

21. Jurisdiction. .......................................................................................................................... 8

22. Severability. ......................................................................................................................... 8

23. Notices. ................................................................................................................................ 8

24. Nondiscrimination................................................................................................................ 9

25. Conflict of Interest. .............................................................................................................. 9

26. Headings. ............................................................................................................................. 9

27. Attorneys’ Fees .................................................................................................................... 9

28. Non-Exclusive Agreement. ................................................................................................ 10

29. Rights and Obligations Under Agreement. ........................................................................ 10

30. Licenses.............................................................................................................................. 10

31. Counterparts. ...................................................................................................................... 10

32. Legal Representation. ........................................................................................................ 10

33. Joint Representation. .......................................................................................................... 10

34. Warranty of Authority........................................................................................................ 10

35. No Waiver of Rights. ......................................................................................................... 10 Enviro. Prof. Services Agreement v. October 2018 Page 1 of 12 Wallace Group, October 2022

AMENDED AND RESTATED AGREEMENT FOR PROFESSIONAL SERVICES FOR

ENVIRONMENTAL CONSULTANTS/CONTRACTORS BETWEEN

THE CITY OF SALINAS AND WALLACE GROUP
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 4th day of October 2022, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and Wallace Group, a California Corporation, (hereinafter “Consultant”).

RECITALS
WHEREAS, Consultant represents that it is professionally trained, experienced, and competent to perform the special services which will be required by this Agreement; and services provided by Consultant under this Agreement will be performed in a manner; and consistent with that degree of care and skill ordinarily exercised by members of the same professional currently practicing under similar circumstances in the same or similar locality, and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.

NOW, THEREFORE, City and Consultant agree as follows:

TERMS

1. Scope of Service. The project contemplated and the scope of Consultant’s services are described in Exhibit A, attached hereto and incorporated herein by reference.

2. Term; Completion Schedule. This Agreement shall be deemed to have commenced on July 1, 2022, and shall terminate on June 30, 2023, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.

3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation set forth in Exhibits A and A1. The total amount of compensation to be paid under this Agreement shall not exceed Six hundred thirty-three thousand two hundred forty-nine dollars ($633,249).

4. Billing. Consultant shall submit to City an itemized invoice, prepared in a form satisfactory to City, describing its services and costs for the period covered by the invoice.

Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant’s bills shall include the following information to which such services cost or pertain:
(A)A brief description of services performed;
(B) The date the services were performed;
(C)The number of hours spent and by whom;
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(D)A brief description of any costs incurred; and
(E) The Consultant’s signature.

Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.

City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately.

5. Meet and Confer. Consultant agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timely and adequate performance of the Agreement.

6. Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant.

7. Responsibility of Consultant.
(A) By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area of the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement
(B) Consultant shall assign a single Project Director to have overall responsibility for the execution of this Agreement for Consultant. Kari Wagner, PE Principal, is hereby designated as the Project Director for Consultant. Any changes in the Project Director designee shall be subject to the prior written acceptance and approval of the City Manager.

8. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:
(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City.

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(B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant.
(C) Steve Carrigan, City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.
(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.

9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.

10. Indemnification and Hold Harmless.

Consultant shall indemnify, and hold City and its officers, and employees harmless, but not defend, from and against any and all liability, claims, damages arising out of any personal injury, bodily injury, loss of life, or damage to any property, or violation of any relevant applicable federal, state or municipal law or ordinance, or other cause to the extent arising from negligent, recklessness or intentional wrongful acts or omission of Consultant, its employees, subcontractors or agents, or on account of the negligent performance or character of the work, performed in breach of the applicable standard of the negligent, except for any such claim arising from the negligence or willful misconduct of the City, its officers, employees or agents. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

Consultant shall reimburse the City for all costs and expenses including, but not limited to court costs, incurred by the City in enforcing the provisions of this section.

Nothing contained in the indemnity provisions shall be construed to require Consultant to indemnify the City, against any responsibility or liability in contravention of Civil Code 2782.

11. Insurance.
(A) Consultant shall, throughout the duration of this Agreement, maintain comprehensive general liability and property insurance covering all operations of the Consultant, its agents and employees, performed in connection with this Agreement including but not limited to premises and automobile.

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(B) Consultant shall maintain the following limits:
(1) General Liability - Contractor shall at all times during the term of this Agreement maintain in effect a policy or policies having an A.M Best rating of A-Class VIII or better for bodily injury liability, personal injury, advertising injury and property damage, including product liability insurance with limits on the Declarations Page but not less than One Million and 00/100 Dollars ($1,000,000.00) per occurrence and Two Million and 00/100 Dollars ($2,000,000) in the general aggregate and products/completed operations aggregate insuring against any and all liability of the insured with respect to premises and products/completed operations. Liability coverage shall also include coverage for underground work and/or construction performed (if applicable). The coverage afforded to the additional insureds under the Contractor’s policy shall be primary insurance and non-contributory. If coverage is on a claims-made basis, the Contractor shall maintain “tail coverage” no less than ten (10) years after the expiration date of the policy or policies. Any policy or policies carrying a deductible of more than $25,000.00 may be subject to review by the City of the Contractor’s financials. (2) Umbrella or Excess - Contractor shall provide limits on the Declarations Page but not less than Two Million and 00/100 Dollars ($2,000,000) per occurrence and Two Million and 00/100 ($2,000,000) in the aggregate on a follow - form basis having an A.M Best rating of A-Class VIII or better.
(3) Auto Liability - Contractor shall provide limits on the Declarations Page but not less than One Million and 00/100 ($1,000,000.00) combined single limit for bodily injury and property damage having an A.M Best rating of A - Class VIII or better.

Automobile Liability Symbol 1 (any auto), if the Company owns automobiles. An entity without autos shall have “Non -owned and Hired” coverage (Auto Symbols 8 & 9). The City and its elected and appointed officers, boards, commissions, agents and employees shall be named as Additional Insureds.
(4) Workers’ Compensation – Contractor shall provide Workers’ Compensation Insurance sufficient to meet its statutory obligation and to provide benefits for employees with claims of bodily injury or occupational disease (including resulting death) as required by the State of California and Employer’s Liability Insurance for One Million and 00/100 Dollars ($1,000,000). Waiver of Subrogation for Workers’ Compensation in favor of the City of Salinas is required. (5) Professional Liability - Contractor shall provide limits on the Declarations Page but not less than One Million and 00/100 Dollars ($1,000,000) per claim and One Million and 00/100 Dollars ($1,000,000) in the aggregate having an A.M Best rating of AClass VIII or better. (C) All insurance companies with the exception of “Worker’s Compensation” and “professional errors and omissions” affording coverage to the Consultant shall be required to add the City of Salinas, its officers, and, agents as additional “insured” by endorsement under Enviro. Prof. Services Agreement v. October 2018 Page 5 of 12 Wallace Group, October 2022
the insurance policy and shall stipulate that this insurance policy will operate as primary insured for the work performed under this Agreement and that no other insurance affected by the City or other named insured will be called upon to contribute to a loss covered thereunder.

The policy shall contain no special limitations on the scope of protection afforded to City, its officers, employees or agents.
(D) All insurance companies affording coverage to Consultant shall be insurance organizations authorized by the Insurance Commissioner to transact the business of insurance in the State of California.
(E) All insurance companies affording coverage shall provide thirty (30) days written notice by mail to the City of Salinas should the policy be canceled before the expiration date.

For the purpose of this notice requirement, any material change prior to expiration shall be considered cancellation.
(F) Consultant shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to the City’s Risk and Benefits Analyst, concurrently with the submittal of this Agreement. A statement on the insurance certificate which states that the insurance company “will endeavor” to notify the certificate holder, “but failure to mail such notice shall impose no obligation or liability of any kind upon the Consultant, its agents or representatives” does not satisfy the requirements of this subsection. The Consultant shall ensure that the authorized representative of the insurance company strikes the above quoted language from the certificate. (G) Consultant shall provide a substitute certificate of insurance no later than ten (10) days prior to the policy expiration date. Failure by the Consultant to provide such a substitution and extend the policy expiration date shall be considered default by Consultant. In the event Consultant is unable to provide a substitute certificate of insurance within the time prescribed in this subsection, Consultant shall provide written confirmation of renewal, in a form satisfactory to the City, to act as proof of insurance only until such time as a certificate of insurance has been received by the City.
(H) Maintenance of insurance by the Consultant as specified in this Agreement shall in no way be interpreted as relieving the Consultant of any responsibility whatever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.

12. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours.

Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.

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13. Assignment. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.

14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Rate of compensation shall be based upon the Consultant’s Schedule of Charges as shown in Exhibit A of this Agreement. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.

15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.

16. Termination.
(A) City shall have the authority to terminate this Agreement, upon written notice to Consultant, as follows:
(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason whatsoever.
(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination including demobilization of field operations based on standard terms and rates shown in Exhibit A , except that:
(1) In the event of termination by the City for Consultant’s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another consultant(s) for such purposes. In the event that such additional Enviro. Prof. Services Agreement v. October 2018 Page 7 of 12 Wallace Group, October 2022
expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense. (C) In the event that this Agreement is terminated by City for any reason, Consultant shall:
(1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and (2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.
(1) Consultant may suspend or terminate this Agreement, upon written notice to the City, as follows:
(2) Due to failure of the City to make payments when due, unless and until Consultant has been paid in full all amounts due for services, expenses and other approved related charges. Consultant shall have no liability whatsoever to the City for any costs or damages as a result of such suspension or termination caused by any breach of this Agreement by the City. Upon payment-in-full by the City, Consultant shall resume services under this Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any reasonable time and expense necessary for the Consultant to resume performance.

17. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.

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18. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.

19. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.

20. Integration and Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.

21. Jurisdiction. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.

22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

23. Notices.
(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:

City Manager
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
With a copy to:

City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901

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(B) Written notices to the Consultant shall, until further notice by the Consultant, be addressed to:

Kari Wagner, PE
Principal
612 Clarion Court
San Luis Obispo, CA 93401
(C) The execution of any such notices by the City Manager shall be effective as to Consultant as if it were by resolution or order of the City Council, and Consultant shall not question the authority of the City Manager to execute any such notice. (D) All such notices shall either be delivered personally to the other party’s designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.

24. Nondiscrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.

25. Conflict of Interest. Consultant warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.

26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.

27. Attorneys’ Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.

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28. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.

29. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.

31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.

32. Legal Representation. Each party affirms that it has been represented by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.

33. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.

34. Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.

35. No Waiver of Rights. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof.

Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.

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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.

CITY OF SALINAS
__________________________________
Steve Carrigan
City Manager
APPROVED AS TO FORM:
_________________________________
Christopher A. Callihan, City Attorney or
Rhonda Combs, Assistant City Attorney

CONSULTANT
___________________________________
By:Kari Wagner
Its: Principal
___________________________________
By:

Its:

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Exhibits A and A1
[Scope of Service; Compensation]
Wallace Group 1
Exhibit A
SCOPE OF SERVICES
Wallace Group proposes the following scope of services, based on the City’s Request for Proposals (RFP) for the Sanitary Sewer Master Plan update and outline scope requested.  We look forward to discussing the scope of work with the City.

Task 0: Project Management and Meetings
Task 0.1: Project Management and Coordination
This Task includes day‐to‐day coordination of project activities, including scheduling and budget controls, staffing needs and coordination, Client coordination, monthly status updates, and other related project management activities.  This Project Management Budget is based on an overall implementation schedule of 12 months.

Task 0.2: Kick‐off Meeting and Field Review of Facilities We will coordinate and attend a kick‐off meeting with key Team members and City staff. This is a very key meeting, and as such, even with the COVID‐19 Pandemic, this is planned to be an in‐person meeting.  On or before the meeting, we will provide the City with a list of information needs.  We will prepare the meeting agenda and minutes for this meeting. This meeting will focus on scope of work, schedule, deliverables, and other components of the project so that the project direction is agreed upon by the Team members in advance. We will request that any items that may be of importance for the completion of the report be provided to us at the time of the kick‐off meeting. Following the kick‐off meeting we will tour the City’s collection system facilities, including lift stations to gain a better understanding of the operations and constraints.  This is also a great opportunity to talk with the collection system operators to better understand their concerns about how the collection system functions and identify known problem areas.

Task 0.3: Review and Progress Meetings
To ensure coordination with the City throughout the project duration, we will attend monthly meetings (via Zoom). The budget is based on a total of 12 meetings through the duration of the proposed schedule.

Meetings may be adjusted as to frequency based on need and will be coordinated with the City as the Project progresses.  We will prepare the meeting agenda and minutes for these meeting. For efficiency, we will schedule milestone meetings to coincide with the monthly meetings. We recommend the milestone meetings be in person to discuss the City’s comments on the deliverables.  We will also be available for additional meetings at the request of the City on a time and materials basis.

Task 0.4: City Council Meetings
We will attend two City Council meetings to review the Sanitary Sewer Master Plan Update, one meeting to present the draft Master Plan Update, and the second meeting to present the final Master Plan Update and to answer any final questions Council may have.  We will prepare a Power Point presentation for both City Council meetings.

Task 0.5: QA/QC
Wallace Group and respective subconsultant team members will provide in‐house quality assurance and quality control (QA/QC) at the various milestone stages. The QA/QC will be conducted by senior or principal engineers within the respective firms.

Wallace Group 2
Task 0.0 Deliverables:
 Email documentation of meetings, information needs/request, and pertinent project coordination correspondence including monthly status updates (PDF only).  Council Power Point Presentations
Task 1:  Document Review and Data Collection
Task 1.1: Document Review and Data Collection
We will review the existing 2011 Sanitary Sewer System Master Plan, and details of the existing sanitary sewer system:

1. Review scope of services with City staff and review relevant documents, including but not limited to:
• Sanitary Sewer Management Plan (SSMP)
• Sewer Rate Study
• Salinas General Plan
• Economic Development Element

2. Review City’s sanitary sewer records to identify recent improvements constructed.

3. Coordinate with the City to obtain future development plans.

4. Review the City’s closed‐circuit television (CCTV) inspection videos, maintenance records, and meet with City staff to identify areas of concern regarding sewer mains (both gravity and force) and pump stations. The proposed budget for CCTV review is based on an assumed one hundred thousand miles (100,000 LF) of CCTV video to be reviewed, with an associated review cost of $0.50/LF (or $2,640 per mile).  The review of CCTV video includes documenting observations and problem areas, which will be summarized in the Sewer Master Plan Update, and conditions of problem areas will be documented per NASSCO designations, and included in the CIP ranking matrix for development of CIP recommendations.  This unit cost can be used to adjust the task budget based on actual CCTV footage to be reviewed.

5. Meet with City staff to review development plans and all relevant documents.

6. Collect and review asset management including:
• Force Mains in the Sanitary Sewer Collection System
• Lift Stations within the Sanitary Sewer Collection System • Identify gaps in data, including pipe diameter, location, flow direction, material, sewer MH invert, etc.
• Recommend a strategy to obtain missing data
• Work with GIS personnel to determine optimal method(s) to add any missing asset subcategories
Task 1 Deliverables:
 Description and general inventory of the sanitary sewer system based on review of plans, reports, studies, and field inspections (PDF only)
 Technical Memorandum summarizing sewer video review, based on NASSCO designations (PDF only)
 Technical Memorandum including GIS Data Gap analysis for the Sanitary Sewer Collection System (PDF).

Task 2: Field Effort and GIS Update
Task 2.1 Survey Sanitary Sewer Manholes
Wallace Group will survey the rim elevations of each sewer manhole to be modeled (based on 750 manholes) and dip the manhole to obtain the invert elevation (invert in and invert out) of the flow lines. Wallace Group Wallace Group 3
will also take pictures of each of the manholes, which would then be included in the GIS database (see Task 2).

Based on photos and visual observation from ground surface, we will ascertain pipe material.  It is requested that the City assist Wallace Group with locating the manholes and providing traffic control as needed in high traffic areas. This assistance greatly increases the efficiency of the survey work. Wallace Group can provide outside assistance for traffic control for an additional cost, not currently included in the cost proposal.

Optional Task 2.1A: Wallace Group will locate the remaining 2,575 sewer manholes throughout the City’s collection system and provide rim elevations using a handheld GPS unit.  This information can then be incorporated in the GIS database (see Task 2).  This effort will not provide invert elevations, pipe diameters, pipe material, or manhole condition information. Costs for this effort are not currently included in the fee estimate.

Task 2.2 Lift Station Assessment
Wallace Group, in conjunction with Fluid Resource Management (FRM), will conduct evaluations of the City’s eleven lift stations. FRM will coordinate with the City operations staff. FRM will provide a Cal‐OSHA confined space entry permit and perform such confined space entry to evaluate the wet well for visible signs of corrosion and “wear and tear”, and will make recommendations if a structural investigation of the wet well is warranted based on observation. We will evaluate the condition of piping and internal components, document the size of the wet well/pumping station, approximate depth and size of inverts, perform a pump draw down test and determine approximate flow from each pump, perform full load amperage and Meg‐ohm readings on each motor, verify automation of controls, evaluate the electrical system for possible deficiencies/code violations, document the pumps and motors make/model number, pull and inspect the pumps for signs of wear and tear including inspecting pump seals and fittings,  electrical components for code violations, evaluate the pump seals, fittings, and overall condition, and perform a pump test to determine approximate flow, and measure amperage/power draws to check for signs of pump motor concerns. We will evaluate the system’s ability to meet existing and future demands based on the pumping capacity and will provide the City with lift station upgrade recommendations. It is expected that the review of the 11 lift stations will be conducted over a period of 4 consecutive days.  We will request that the City provide operations staff intimately familiar with the details and history of the lift stations, and to operate equipment during the inspection/testing. We assume that access to each lift station will not require traffic control services.   We will review the assessment information from FRM and provide recommendations for upgrades to the lift stations. We will summarize the findings of the lift station assessment in the Preliminary Findings Memorandum.

Task 2.3: In‐Line Flow Monitoring
Wallace Group will develop a flow monitoring program (FMP) in support of calibrating the hydraulic model of the sanitary sewer system. The flow monitoring plan will consider the areas to be monitored, including consideration of monitoring some or all the seven flow‐splits/diversions.  The flow data will evaluate average flow rates and representative diurnal flow patterns throughout the City including in/out of all pump stations, and to assist in the review/identification of average flow rates for residential (single and multi‐family), commercial, hotel/motel, and apartment land uses.  We will draft the flow monitoring plan, with meter locations and methodology to be reviewed and approved by the City.

As part of the FMP, we will work with US3 to review site conditions of the potential monitoring sites, assuring they are hydraulically suitable for accurate flow monitoring measurements. We will also query the City to determine if the City has specific sewer reaches they desire to be monitored, for instance an area suspected to have flow capacity concerns or may otherwise be a “HMA” of concern, or a specific sewer reach that would be indicative of SFR, MFR, hotel, commercial flows.  Findings of the site review will be considered and included in this FMP for review and approval by the City.  The site documentation shall include, at a minimum, a location map with address, digital photographs of the site, pipe size, channel condition, flow characteristics, site Wallace Group 4
drawings, and pictures of surrounding area. The Site assessments will also identify traffic control and safety issues.

Once the FMP is approved, Wallace Group will proceed with the in‐line Flow Monitoring, to be provided in conjunction with US3.  The FMP is based on an assumed total number of 14 monitoring stations, with a total duration of 60 calendar days at each location which will include both wet weather and dry weather flows.  As discussed in the Approach Section of our Proposal, we will review and monitoring upcoming weather conditions to maximize chances of capturing significant rainfall events during the wet‐weather season monitoring interval.

Task 2.4 Update GIS Database
Based on survey data collected in Task 2.1, Wallace Group will update the City’s GIS database.  Wallace Group will also utilize data collected in Task 1 to incorporate any new developments and upgraded sewer mains that are not already included in the GIS database.

Optional Task: Wallace Group can prepare atlas maps of the sewer collection system that can be used by operation’s staff.  Costs for this effort are not currently included in the fee estimate.

Optional Task: Wallace Group can assist the City in updating the GIS database with record information including videos, drawings, inspection reports, etc.  This task will only be completed if there is remaining budget in the contract.

Task 2 Deliverables:
 Updated GIS Database with survey information (electronic) Task 3:  Wastewater Flow Characteristics and Projections Task 3.1: Existing and Future Sewer Flow Estimates
We will develop unit flow factors in order to better project wastewater flows from future developments and calibrate the sewer model using existing wastewater flows.  These unit factors will be developed for development types including residential, multi‐family, commercial, industrial, hotels and other factors.  We will request from Cal Water, water meter records/bills that will be used to evaluate usage from the various types of developments.   Using actual water use data will provide the most accurate projection of wastewater generation unit factors, especially for residential and hotel units.  Water demand data will be evaluated for a minimum of 12 months in order to assess indoor water demands (which generate wastewater flows) versus outdoor water demands (which do not generate wastewater flows). We will also use population and density information from the City’s General Plan, Specific Plans, and other planning documents provided by the City, to project future build‐out (15‐year planning horizon) population and wastewater flows.  As part of this scope of services, Wallace Group will not project population to build‐out; we will rely on the City’s planning documents and 2018 AMBAG population projections, and we will request City staff to confirm future population projections to be used in the master plan.  Total metered flow data (at the Monterey One Water lift station), along with existing population data, will be used to calculate per capita wastewater flows, which will in turn be used to project future wastewater flows.

Task 3.2: Preliminary Findings Memorandum
We will compile all the information reviewed and gathered under Tasks 0, 1, 2, and 3.1 and prepare a Preliminary Findings Memorandum stating our findings.

Task 3 Deliverables:
 Preliminary Findings Memorandum ‐ Three hard copies and one electronic pdf copy Wallace Group 5
Task 4: Develop and Calibrate Sewer Model
Task 4.1: Develop and Calibrate Sewer Model
We will utilize survey data collected in Tasks 0, 1, 2, and 3 for use in the Innovyze sewer modeling program (InfoSWMM). We will model the collection system under dry and wet weather conditions for the existing and future loadings. We typically will only model the trunk sewer mains (typically 10‐inch and larger), with some exceptions. The exception would be 6‐ or 8‐inch trunk mains that collect or carry a reasonable amount of wastewater either under existing or future conditions. We will provide an electronic copy of the sewer model at the end of the project.

Using flow data collected in the Field Investigations, wewillmodelsimulationsfor dry and wet weather flow conditions for existing and future (build‐out) developmentscenarios.  We will use the model results to identify locations in the wastewater system that have hydraulic capacity constraints under existing and future flow conditions, peak dry weather and wet weather flow conditions, based on the criteria developed for the 2011 report.

Based on the flow monitoring data obtained, we will provide the City with general observations of tributary areas exhibiting signs of I/I.  Based on this observation, we will recommend areas for further I/I investigation.

Deliverables:

1. The consultant shall provide the City a new hydraulic model that includes, but is not limitedto:
a. Manhole and pipe segment identification numbers in accordance with City‐specified naming convention, manhole invert elevation for all pipes and rim elevation b. Pipe size and material
c. Pipe flow estimates for peak dry and wet weather flows, resulting d/D ratios, and available capacity based on City specified d/D ratios

2. Provide all data files necessary to recreate, calibrate, and adjust the model in the future by selected firm or third parties.

Task 5: Develop Capital Improvement Program
Task 5.1: Develop Capital Improvement Program
Using data collected during Field Investigations, and the modeling efforts of Task 4, we will develop a Sanitary Sewer Capital Improvement Program (CIP) recommending short‐term (5‐year) and long‐term (15‐year) improvements necessary to maintain a desired level of service for the City’s sanitary sewer assets such as mainlines, manholes, and pump stations.   We will also provide one additional Program focused on Development induced improvement recommendations.  These upgrades are required to be completed when development occurs, which the timing may not be known. The CIP will include the following:

1. Condition Assessment
a. Review CCTV inspections and provide a summary table for conditions of the City’s sanitary sewer assets using Sewer Service Company's (NASSCO) Pipeline Assessment and Certification Program (PCAP).
b. Identify the useful life and value of the existing sanitary sewer collection system assets. Pipe materials of existing sanitary sewer mainsinclude high‐density polyethylene (HDPE), Acrylonitrile‐ Butadiene‐Styrene (ABS), vitrified clay (VCP), cured‐in‐placed liner, and polyvinyl chloride (PVC). c. Establish the asset values and recommended year‐to‐year replacement costs of aging infrastructure. The remaining useful life of assets shall be assessed by the Consultant using projected‐useful‐life tables, decay curves, or recent condition assessment studies.

Wallace Group 6
d. Recommendation of Improvements:
1) Identify improvements (or improvement programs such as regularly scheduled condition monitoring programs) necessary to meet the Consent Decree’s requirements and the City’s desired level of service.
2) Develop prioritization criteria and ranking matrix to utilize when prioritizing recommended improvements. Criteria should account for:
i. Probability of failure based on condition of facility. ii. How critical the facility is to system operations (i.e., ramifications of failure). iii. Potential I/I reduction.
iv. Cost of facility failure (including social and environmental costsin addition to hard costs of repairs).
3) Recommend a replacement and rehabilitation methodology for all recommended improvements. The methodology should take into account the material, condition, age of facility, and sensitive environmental areas (such as creeks and industrial areas), and overall constructability.

Deliverables:

1. Documentation of recommendation decision based on established prioritization criteria. (Decision Matrix) – See sample matrix in Additional Information Section

2. Prepare construction cost estimates associated with all recommended improvements or improvement programs. Cost estimates shall include an analysis of costs related to general maintenance and facility (life cycle cost) vs costs related to additional capacity needs caused by growth.

3. Create a prioritized list of recommended improvements and improvement programs through 2035 with a detailed focus on near term critical projects through 2025.

4. Maps for each sewer trunk main collection zone, color coded to separate facilities that are:
a. Currently at or over capacity – High Priority
b. At or over capacity with currently approved projects – Background c. At or over capacity upon full utilization of current City land uses ‐ Buildout Task 6: Development Impact Fee Nexus Study
Task 6.1: Development Impact Fee Nexus Study
Wallace Group will team with DTA to complete a Sanitary Sewer Development Impact Fee Nexus Study.  This Task will not start until after the completion of Task 7.1.  The following is the Scope of Work provided by DTA:

DIF Study
DTA, in collaboration with Wallace Group, would provide all‐inclusive professional and technical support to the City in reviewing any existing City Sanitary Sewer DIF studies related to General Plans, Specific Plans, and the Capital Improvement Program (“CIP”) and preparing a comprehensive review of required impact fee levels documented in the formal Nexus Study prepared under California Government Code Sections 66000 et seq. and 66013 et seq., which governs water capacity and connection fees charged to new development and/or redevelopment..  DTA’s Final Report would present a fee methodology that satisfies the “rational nexus” tests used by the courts to determine the legality of development exactions.  Having been subjected to legal and developer scrutiny, DTA has developed a streamlined approach and methodology that establishes a rational and substantial nexus between new development and the need for public facilities.

The Scope of Work has been devised to include all tasks necessary to create a fee program for the City that complies with California Government Code Sections 66000 et seq. and 66013 et seq. in concert with the Wallace Group 7
jurisprudence developed by various Federal district and State courts.  DTA’s General Counsel regularly reviews State and Federal legal and administrative opinions, regulations, and statutes that might affect or modify DIF Nexus Studies in California.

Work products stemming from the work plan described in this section will include:

A memorandum (“memo”) summarizing the fee methodology options; and The Draft and Final Administrative Reports.

Task A.1 – Development of Project Strategy and Kickoff Meeting DTA staff will meet with City staff in a project kickoff meeting to finalize the details of the project, deliverables, timetables, and tasks, discuss the best practices, identify needed information (i.e., reports, project/needs lists, stakeholder groups, data, etc.), prepare the final schedule, discuss the public process, determine information to be provided by City staff, and resolve other concerns, as appropriate.  Prior to the kickoff meeting, DTA will review City documentation relating to the existing Fee Study and pertinent impact fees as outlined by the City.

Task A.2 – Develop Population and Dwelling Unit Projections DTA will compile and document existing and future population and development estimates for the City.  The projections resulting from this task will ultimately calculate fee levels.  This task comprises two subtasks.

Subtask A.2.a – Population Projections
DTA will gather existing information on present and future population for the City from various sources, including City staff, the General Plan, existing Master Plans, the U.S. Census, the Association of Monterey Bay Area Governments (“AMBAG”), the State Department of Finance, and from other data sources, including the City’s CIP.

Subtask A.2.b – Conduct Entitlement Research and Projections DTA will coordinate with the City Community Development Department to determine existing and future residential and non‐residential development within the City over the planning horizon (5 years, or otherwise).  To complete this subtask, DTA will:

Review the General Plan/CIP and related plans to determine expected development land use patterns in the City;
Assess City recordsto identify existing entitlementsfor dwelling units and commercial/industrial development; and
Project the number of new dwelling units and commercial/industrial development based on existing entitlements and population projections through 2035, or such other target year as selected by City staff.

Task A.3 – Identify Sanitary Sewer Facility/Capital Needs and Levels of Service This task entails the review of the facilities and capital needs required to serve new development in the study area projected in Task A.2.  DTA will use existing City materials [and any relevant Developer’s Facilities Report(s)] as base documents and focus our effort on updating this information.

For any fee program to be comprehensive in its scope, it is necessary to complete a thorough identification and review of all the facilities that will be impacted by additional growth, including those already discussed in the General Plan or CIP.  This task will require close coordination with all appropriate City departments.

Wallace Group 8
Subtask A.3.a – Survey/Interview City Staff
DTA shall survey/interview City staff to review projected facilities in the City, along with major equipment needs, the timing at which improvements will be needed, and any physical data that would assist in developing the costs estimated below in Subtask A.3.c.  Based upon the results of the surveys and interviews, DTA will verify and, if appropriate, expand the list of new facilities found in the General Plan/CIP to be included within the fee program for the City.

Subtask A.3.b – Facilities List
Based on the information collected in Subtask A.3.a, DTA shall prepare a facilities needs list that details the new facilities and equipment to serve new development in the City.

Subtask A.3.c – Review Cost Estimates
DTA’s engineering and technical staff will, as necessary, consult with City department heads and/or engineering staff or equivalent to ascertain and understand in‐house cost data for existing and projected facilities and equipment, apply inflation and cost‐of‐living escalators to the list of projected public facilities to determine future costs, review and/or refine existing cost data, examine major sources of revenue to fund the construction of new public facilities, and provide a proportional estimate between projected costs for new facilities and predicted revenue from mitigation fees and other sources.

Task A.4 – Develop Methodology for Calculating New Sanitary Sewer Impact Fee Amounts This task entails developing the methodology used to establish the fee amount for each fee component to the extent appropriate.  There are two critical issues that must be considered in developing a fee program.  The fee program must generate revenues in a timely manner and the methodology must meet the nexus or benefit requirements of AB 1600.  Since fees of any sort can be controversial, it is critical that any fee established be legally defensible.

DTA’s Fee Study methodology must meet the nexus or benefit requirements of AB 1600, which requires that there be a nexus between the fees imposed, use of the fees, and development projects on which the fees are imposed.  Furthermore, there must be a relationship between the amount of the fee and cost of the improvements.  In order to impose a fee as a condition for a development project, the methodology must identify the purpose of the fee, ascertain the use to which the fee is to be put (if the use is financing public facilities, the facilities must be identified), determine how there is a reasonable relationship between the fee’s use and type of development project on which the fee is imposed, and establish how there is a reasonable relationship between the need for the public facility and type of development project on which the fee is being imposed.

Implicit in these requirements is a stipulation that a public agency cannot impose a fee to cure existing deficiencies in public facilities or improve public facilities beyond what is required based on the specific impacts of new development.  The benefit methodology established in this task will be documented in the Final Report.

Deliverable: Memo Summarizing the Fee Methodology Options Task A.5 – Determine Fee Levels
This task entails calculating the fee amounts based upon the dwelling unit and commercial/industrial development projections completed in Task A.2, facilities needs and costs determined in Task A.3, and methodology selected in Task A.4.

Wallace Group 9
Subtask A.5.a – Calculate Recommended Fee Amounts
DTA shall calculate fees for the City by inputting the data compiled under the preceding tasks and computing each fee to be levied.  This work will be done in a spreadsheet format that can be updated annually.

DTA will also evaluate this data in comparison to surrounding cities, such as the Cities of Capitola, Hollister, Marina, Monterey, and Seaside, so as to arrive at comparable and palatable fee levels.

Subtask A.5.b – Document Fee Derivation
DTA shall document the methodology utilized for the fee calculation model in such a way that it can be understood by the City and public.  DTA shall prepare written statements documenting the validity of the methodology for deriving each of the fees for the City.

Task A.6 – Prepare Draft and Final Reports
This task entails the preparation of the Draft and Final Reports for consideration by the City Council and City staff.  Based on the work completed in Tasks A.1‐A.5, DTA will prepare the Draft Report for review and consideration by City staff.  The Draft Report will be prepared pursuant to the applicable regulatory standard(s) and is expected to include an executive summary, population projections, a facilities and improvements list, areas of benefit (if applicable), fee calculations, recommended fee levels, and the suggested process for keeping fees current.  DTA will subsequently prepare the Final Report for presentation to the City Council and City staff based on the incorporation of City staff comments and concerns on the Draft Report.

Deliverable: Draft and Final Reports
Task A.7 – Attend Meetings and Public Outreach
This task entails attendance at a total of two (2) meetings/workshops, including the kickoff meeting, with the City Administrator (or similar), other City staff, focus groups, stakeholders, and the City Council to present information regarding the status of the impact fee program, draft study, and Final Report to obtain input.  DTA will also be prepared to lead meetings and workshops with selected groups to gain better project understanding, gauge community sentiment, and determine the key objectives.

During these meetings, DTA will consider community and stakeholder input.  For this purpose, DTA will develop handouts for these meetings that summarize the findings and analysis from the Public Review Draft.

DTA will also prepare and distribute updated information, as necessary, to facilitate discussion in Focus Group Meetings in which DTA is unable to attend.

We anticipate that all meetings will be conducted via Zoom or another online meeting software.  In‐person attendance at any meetings shall depend on State guidelines and guidance from the CDC.

OPTIONAL TASK: DTA can prepare a Sanitary Sewer Rate Study as an Optional Task.  This optional task is not currently included in the fee estimate.

Task 7: Draft and Final Sanitary Sewer Master Plan Update Task 7.1: Draft Sanitary Sewer Master Plan Update
Upon completion of Tasks 1‐5, Wallace Group will prepare the Draft Sanitary Sewer Master Plan Update.  At a minimum, the report shall include the following:

1. An Executive Summary (To be provided in the Final Report only)

2. Colored maps that are clear, easy to understand, and of professional quality of the City’s sanitary Wallace Group 10
sewer system, identified deficiencies, and locations of proposed improvements

3. Summary of existing sewer system

4. Population projections and sewer demand summary

5. Documentation of modeling methodologies and assumptions

6. Technical information, analysis, and discussion of results for each task making use of charts, graphs, and figures of professional quality to clearly and efficiently convey the information, findings, and conclusions

7. Justification for recommended improvements to be accomplished

8. Sanitary Sewer Capital Improvement Plan

9. Other supporting documentation
Task 7.2: Final Sanitary Sewer Master Plan Update
Upon receiving written comments from the City and discussion at the City Council, Wallace Group will prepare the Final Sanitary Sewer Master Plan Update..

Deliverables:
 Submit five (5) printed copies and 1 digital copy in pdf format of the Draft Sanitary Sewer Master Plan report to the City to review and comment
 Submit five (5) printed copies and 1 digital copy in pdf format of the Final Sanitary Sewer Master Plan report to the City
Wallace Group Team Resource Estimate for the
City of Salinas Sanitary Sewer Master Plan BUDGET SUMMARY

PHA TASK DESCRIPTION

PRINCIPAL

PRINCIPAL ENGINEER

DIRECTOR

SENIOR ENGINEER III

ENGINEER I

ASSOCIATE ENGINEER I

GIS SPECIALIST

TWO MAN SURVEY CREW

SENIOR LAND SURVEYOR
III
FRM
US
3 DTA
Misc. Direct Costs

TOTAL LABOR
HOURS
LABOR
$
TOTAL
COST
RATE $230 $215 $185 $180 $145 $115 $135 $215 $170 $
0 PROJECT MANAGEMENT AND MEETINGS

0.1 Project Management and Coordination 48 48 $150 96 $21,360 $21,5100.2 Kick Off Meetings and Field Review 10 6 10 $268 26 $5,040 $5,3080.3 Review and Progress Meetings 36 12 36 $535 84 $16,080 $16,6150.4 City Council Meetings 12 6 12 $535 30 $5,790 $6,3250.5 QA/QC 24 40 64 $14,120 $14,120 1 DOCUMENT REVIEW AND DATA COLLECTION

1.1 Document Review and Data Collection 8 24 50 200 282 $37,250 $37,250 2 FIELD EFFORT AND GIS UPDATE

2.1 Survey Sanitary Sewer Manholes 4 24 24 30 250 150 $20,942 482 $94,120 $115,0622.2 Lift Station Assessment 8 60 $ 20,000 68 $14,740 $14,7402.3 In-Line Flow Monitoring 4 40 60 $ 95,000 104 $18,220 $18,2202.4 Update GIS Database 40 16 100 156 $23,940 $23,940 3 WASTEWATER FLOW CHARACTERISTICS ANDPROJECTIONS

3.1 Existing and Future Sewer Flow Estimates 4 24 60 40 128 $19,380 $19,3803.2 Preliminary Findings Memorandum 8 20 8 40 16 92 $15,220 $15,220 4 DEVELOP AND CALIBRATE SEWER MODEL

4.1 Develop and Calibrate Sewer Model 4 8 32 120 164 $25,800 $25,800 5 DEVELOP CAPITAL IMPROVEMENT PROGRAM

5.1 Develop Capital Improvement Program 16 32 24 120 192 $32,280 $32,280 6 DEVELOPMENT IMPACT FEE NEXUS STUDY

6.1 Development Impact Fee Nexus Study 16 16 8 $ 27,500 40 $8,280 $8,280 7 DRAFT AND FINAL SANITARY SEWER MASTER PLANUPDATE

7.1 Draft Sanitary Sewer Master Plan Update 8 32 24 120 40 224 $35,040 $35,040

7.2 Final Sanitary Sewer Master Plan Update 8 8 4 40 16 76 $11,920 $11,920 SUB-TOTALS 218 440 24 92 706 328 100 250 150 $ 20,000 $ 95,000 $ 27,500 $22,430 2,308 WALLACE GROUP LABOR COSTS $50,140 $94,600 $4,440 $16,560 $102,370 $37,720 $13,500 $53,750 $25,500 $398,580 WALLACE GROUP DIRECT COSTS $22,430
SUBCONSULTANT DIRECT COSTS $20,000 $95,000 $27,500 $142,500 DIRECT COSTS OVERHEAD @ 15% $24,739
TOTAL $588,249

CONTRACT AMENDMENT
Project Name: Sanitary Sewer Master Plan CA No. 1
Client Name: City of Salinas Project/Phase No. 0886-0015 Attention: Brian Frus Date: September 1, 2022
Address: 200 Lincoln Avenue, Salinas, CA 93901
Wallace Group requests the Client’s authorization to proceed with revisions to the contract agreement for the above referenced project as herein described. Approval below incorporates this document as a part of the original contract signed February 16, 2021. If approved, please return one signed original Contract Amendment to Wallace Group.

Description and Purpose of the Revision(s)
Wallace Group has been working with the City of Salinas on the completion of Sanitary Sewer Master Plan Update since February 2021. In June 2022, Wallace Group delivered the Draft Master Plan to the City. Throughout the project, Wallace Group has been completing tasks requested by the City that were not in the original scope of work with the hopes that there would be enough budget to cover the tasks. The task items include:
• Additional flow monitoring locations
• Analysis of three areas outside the current city limits and limits of the sewer model • Preparation of the O&M related mapping and CIPs
In addition, the level of effort anticipated for the evaluation of the City’s 11 lift stations was significantly more than anticipated during the scope development and budgeting process. As we are nearing the completion of the project, Wallace Group will exceed the originally approved budget and is requesting a contract amendment to assist with completing the Final Master Plan.

Revision(s) Represent: Revision(s) Fee:
( ) a change in previous instructions ( ) hourly (time & materials) $ ( ) a change in Scope of Services ( ) progress billing: $ (x) other: (x) not-to-exceed w/o authorization: $45,000 Revision(s) will be invoiced as:
(x) increase to an item within the existing contract
( ) a new item added to existing contract
Issued by,
WALLACE GROUP, a California Corporation APPROVED BY CLIENT:

Kari Wagner, PE C66026 ____________________________________ Principal Signature
612 Clarion Court ____________________________________
San Luis Obispo Printed Name
California 93401 ____________________________________
T 805 544-4011 Title
F 805 544-4294 ____________________________________
www.wallacegroup.us Date
Exhibit A1
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-535, Version: 1
ARPA/PRK Motel Program Master Lease with Marina Hotels Ci, LLC and Agreement for Services with Benitez Security Services, Inc.

Approve a Resolution authorizing the Mayor to execute a Master Lease Agreement with Marina Hotels Ci, LLC and execute an Agreement for Services with Benitez Security Services, Inc related to the City’s Project Roomkey Program.

City of Salinas Page 1 of 1 Printed on 9/29/2022
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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: OCTOBER 4, 2022
DEPARTMENT: COMMUNITY DEVELOPMENT DEPARTMENT
FROM: MEGAN HUNTER, DIRECTOR
THROUGH: ROD POWELL, PLANNING MANAGER
BY: MARIA CAMBRON, COMMUNITY DEVELOPMENT ANALYST
TITLE: ARPA/PRK MOTEL PROGRAM MASTER LEASE WITH MARINA
HOTELS Ci, LLC, AND AGREEMENT FOR SERVICES WITH
BENITEZ SECURITY SERVICES, INC.

RECOMMENDED MOTION:

A motion to approve a Resolution:

1. authorizing the Mayor, on behalf of the City of Salinas, to execute a Master Lease Agreement with Marina Hotels Ci, LLC; and

2. authorizing the Mayor, on behalf of the City of Salinas, to execute an Agreement for Services with Benitez Security Services, Inc.

RECOMMENDATION:

It is recommended that City Council approve a Resolution:

1. authorizing the Mayor, on behalf of the City of Salinas, to execute a Master Lease Agreement with Marina Hotels Ci, LLC; and

2. authorizing the Mayor, on behalf of the City of Salinas, to execute an Agreement for Services with Benitez Security Services, Inc.

EXECUTIVE SUMMARY:

Currently, through sub-agreements with Central Coast Center for Independent Living (CCCIL), Marina Hotels Ci, LLC (County Inn) and Benitez Security Services, Inc., emergency housing opportunities and 24-hour security services are being provided for a regional, jointly funded City/County of Monterey (County) American Rescue Plan Act (ARPA)/Project Roomkey (PRK) Motel Program. Due to administrative capacity and financial limitations, CCCIL has notified staff that it is no longer able to maintain and administer these existing agreements. To ensure continuous, non-disruptive program services, the City is seeking to assume a direct administrative Page | 2
role under the two proposed agreements within the Community Development Department’s Housing and Community Development Division.

BACKGROUND:

On October 26, 2021, City Council approved a resolution authorizing the allocation of City American Rescue Plan Act (ARPA) funds and the acceptance of County Project RoomKey (PRK) funds to implement an emergency shelter ARPA/PRK Motel Program. More recently, on September 20, 2022, City Council approved a resolution authorizing the execution of two amendments to the initial agreement with the County of Monterey to extend the agreement term and to accept and administer an additional $1,500,099.92 of County of Monterey ARPA funds.

Through existing agreements with CCCIL and California State University Monterey Bay Community Health Engagement (CSUMB CHE), the program has and continues to provide noncongregate, emergency shelter, stabilization and case management services, and permanent housing navigation and placement to unhoused individuals.

Up until recently, through existing sub-agreements, CCCIL has served as the contracting entity with Marina Hotels Ci LLC and Benitez Security Services, Inc. However, due to current organizational capacity and cash-flow limitations, CCCIL has notified the City that it can no longer serve in this capacity. In consideration of this emerging issue and to ensure continuous program operations, City staff are seeking to assume a more substantive administrative role in the program through the execution of the proposed agreements. Direct client interaction and services will continue to be provided by CCCIL and CSUMB CHE.

DISCUSSION:

Since the inception of the ARPA/PRK Motel Program in November 2021, through an agreement with a program sub-recipient CCCIL, the County Inn has served as a primary site for program services. This site was chosen not only for its centralized regional location but also due to a much higher per room costs and a continued lack of site availability within the City of Salinas resulting from increased, sustained competition from local agricultural labor contractors seeking to house H2A employees.

The proposed agreement with Marina Hotel Ci LLC will provide up to sixty (60) rooms at Country Inn at a total cost not to exceed $657,000, with the term of October 1, 2022 through February 28, 2023. The proposed agreement with Benitez Security Services, Inc. will provide necessary 24- hour, on-site program security at a cost not to exceed $321,783, with the term of September 1, 2022 through December 31, 2022. Both proposed agreements have an option for a month-to-month extension, if desired. Existing agreements with CCCIL and CSUMB CHE to provide direct client services will remain unaffected.

In upcoming months, as the demand for local H2A worker housing declines, it is staff’s intention to continue to look for additional opportunities to expand program services to a motel site within the City of Salinas to better facilitate the likely transition of ARPA/PRK Motel Program participants to a permanent, supportive housing placement at a Homekey location.

Page | 3
CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

The proposed agreements will advance the City of Salinas Strategic Plan 2022-2025 Goals and Strategies of Public Safety, Housing/Affordable Housing, and Effective and Culturally Responsive Government.

DEPARTMENTAL COORDINATION:

This agenda item is solely administered by the Community Development Department with contributions from both the City Attorney and Finance Department.

FISCAL AND SUSTAINABILITY IMPACT:

Authorization to execute the proposed agreements has no fiscal impact to the General Fund as the ARPA/PRK Motel Program is solely funded by City and County ARPA funds and County CDSS Project RoomKey funds.

ATTACHMENTS:

1. Resolution

2. Master Lease Agreement – Marina Hotels Ci LLC - Draft

3. Agreement for Services – Benitez Security Services, Inc. - Draft RESOLUTION NO. ____________ (N.C.S.)

A RESOLUTION OF THE CITY OF SALINAS COUNCIL AUTHORIZING THE EXECUTION OF A MASTER LEASE AGREEMENT WITH MARINA HOTLES Ci,

LLC AND AN AGREEMENT FOR SERVICES WITH BENITEZ SECURITY SERVICES, INC.

WHEREAS, through sub-agreements with Central Coast Center for Independent Living (CCCIL), Marina Hotels Ci, LLC (County Inn) and Benitez Security Services, Inc., emergency housing opportunities and 24-hour security services are being provided for a regional, jointly funded City/County of Monterey (County) American Rescue Plan Act (ARPA)/Project Roomkey (PRK) Motel Program; and
WHEREAS, CCCIL has previously served as the contracting entity through subagreements with Marina Hotels Ci, LLC and Benitez Security Services, Inc.; and WHEREAS, due to current organizational capacity and cash-flow limitations, CCCIL has notified the City that it can no longer serve as the contracting entity with Marina Hotel Ci, LLC and Benitez Security Services, Inc.; and
WHEREAS, the City is seeking to initiate and assume direct administration of the two agreements within the Community Development Department’s Housing and Community Development Division; and
WHEREAS, existing direct client services for the ARPA/PRK Motel Program will continue to be provided by the CCCIL and California State University Monterey Bay Community Health Engagement programs; and
WHEREAS, the Marina Hotels Ci, LLC’s agreement will provide non-congregate shelter options at a total cost not to exceed $657,000 with a term from October 1, 2022, through February 28, 2023, with an option for a month-to-month extension; and WHEREAS, the Benitez Security Services, Inc. agreement will provide necessary 24- hour, on-site program security at a cost not to exceed $321,783 with a term from September 1, 2022, through December 31, 2022, with an option for a month-to-month extension; and WHEREAS, the proposed agreements will be solely funded by existing ARPA/PRK Motel Program funds currently appropriated in General Ledger Account 2947.30.3245.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Salinas hereby authorizes the Mayor, on behalf of the City of Salinas, to execute these Agreements along with any amendments, contracts or related documents that are deemed necessary to carry out the terms and conditions as set forth in the Agreements as presented to the City Council on this date.

PASSED AND APPROVED this 4th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
________________________
Kimbley Craig, Mayor
ATTEST:

Patricia M. Barajas, City Clerk
FISCAL YEAR 2022-23

MOTEL MASTER LEASE

FUNDING AGREEMENT BETWEEN

THE CITY OF SALINAS AND

MARINA HOTELS CI LLC
This is an official document.

Do not make any changes to this document EXCEPT to modify your signature block on the last page as needed.

FISCAL YEAR 2022-23

MOTEL MASTER LEASE

FUNDING AGREEMENT BETWEEN CITY OF SALINAS
AND

MARINA HOTELS CI LLC

FOR THE

CITY OF SALINAS ARPA/PRK MOTEL PROGRAM
Agreement Number:

Table of Contents
AGREEMENT .............................................................................................................................. 1 TERM............................................................................................................................................. 1 RENT ............................................................................................................................................. 1 AMENDMENT OF LEASE......................................................................................................... 1 PARKING...................................................................................................................................... 1 CLEANING................................................................................................................................... 1 MAINTENANCE AND REPAIRS.............................................................................................. 1 SURRENDER................................................................................................................................ 2 NOTICES....................................................................................................................................... 2 HOLDING OVER......................................................................................................................... 2 INSURANCE................................................................................................................................. 2 COMPLIANCE WITH LAWS.................................................................................................... 3 INDEMNIFICATION .................................................................................................................. 3 ATTORNEY FEES AND COSTS ............................................................................................... 4 ADA COMPLIANCE AND DISCLOSURE .............................................................................. 4 1 THIS ROOM RENTAL AGREEMENT (“Agreement”), made for reference purposes only as of July 1, 2022, is by and between Marina Hotels Ci, LLC, dba Country Inn & Suites (“Owner”), and the City of Salinas (the “City”). Owner and City are sometimes referred to herein as “Party” or collectively as “Parties.”
This Agreement is entered into in connection with the City of Salinas ARPA/PRK Emergency Shelter program to provide emergency shelter during the COVID-19 epidemic.

AGREEMENT
The Owner hereby authorizes the City and Subrecipients the right to use those certain “Premises” located at 3280 Dunes Road, Marina, CA 93933, and more particularly described as follows:

Rent of up to twenty (20) rooms at The Country Inn & Suites located at 3280 Dunes Road, Marina, CA 93933, and potentially maintaining up to sixty (60) rooms upon availability and the need of the program.

TERM
The term of this Agreement shall commence on July 1 ,2022 and shall continue until December 31, 2022, with a potential extension.

RENT
Rent shall be ninety-six dollars ($73) per daily room for up to 20 rooms, while maintaining current room occupancy but not exceeding up to sixty (60) rooms upon availability and the need of the program. Maximum Rent amount for the term shall be no more than One Million FiftyFour Thousand and Eighty Dollars ($801,540.00).

AMENDMENT OF LEASE
This Lease may only be amended by a written agreement signed by both parties.

PARKING
The City shall be entitled to use parking spaces located within the Premises. No abandoned or non-operating vehicles or hazardous materials shall be stored in the parking area or anywhere on the Premises.

CLEANING
The City and its onsite partners shall coordinate weekly cleanings with the motel manager so that clients will vacate their rooms during the time of cleaning.

MAINTENANCE AND REPAIRS
Except as provided elsewhere in this Agreement, the City shall perform, at its own cost and expense, all repair, and replacement of damages caused to rooms by the occupants of the program. City shall reimburse owner, the cost of any damage to the rooms caused by City’s occupants within thirty (30) days of receipt of an invoice from owner 2 SURRENDER
The City agrees on the last day of the Term or on sooner termination of this Agreement to surrender the premises with appurtenances, in the same condition as when received, ordinary wear and tear excepted.

NOTICES
Any notices under this Agreement shall be sent to the parties by personal delivery, e-mail, or by certified mail, return receipt requested, postage prepared in the United States Postal Service at the addresses set forth below. Notice shall be deemed effective upon delivery or transmission if delivered or sent by e-mail and on the third (3rd) day after mailing. The parties designate the following names, titles, addresses, and telephone numbers:

Owner
Country Inn & Suites
3280 Dunes Road
Marina, California 93933
Phone: 831-917-4463
Email: [email protected]
City of Salinas
Community Development Director
City of Salinas
200 Lincoln Ave., Salinas, CA 93901
Direct: 831-758-7334
Fax: 831-775-4258
Email: [email protected]

HOLDING OVER
In the event the City remains in possession of the Premises after the expiration of the Agreement term, or any extension or renewal thereof, this Agreement shall be automatically continued to a month-to-month basis and otherwise on the terms and conditions herein specified, so far as applicable.

INSURANCE
A. Self-Insurance Coverage. Owner understands and acknowledges that the City is selfinsured for all forms of legal liability and the City shall, throughout the entire Term of this Lease Agreement, maintain such self-insurance covering all its operations and use and occupancy of the Leased Premises, and that of its agents and employees, performed in connection with this Lease Agreement.

B. Evidence of Self-Insurance Coverage. The City shall provide evidence of compliance with the insurance requirements listed above by providing a letter of self-insurance concurrently with the submittal of this Lease Agreement. 3 C. Owner's Maintenance of Insurance. Maintenance of insurance by the City, as specified in this Lease Agreement, shall in no way be interpreted as relieving Owner of any responsibility whatever and Owner may carry, at its own expense, such additional insurance as it deems necessary
D. The hotel has full property insurance for such things like natural disasters. I.E. Fire, Earthquake, etc.

COMPLIANCE WITH LAWS
City agrees that, in using the Premises, it will comply with all laws of the United States of America and the State of California, and any ordinances of the County or City in which the Premises is located, including without limitation laws, regulations or orders of any federal, state, county or local agency or office (collectively, “Laws”).

City agrees that it will not conduct or operate any business upon said Premises in violation of any Laws.

City further agrees that it will comply with all Laws related to (i) occupancy taxes for the Premises due during the Term, as extended hereunder, including without limitation Revenue & Taxation Code §7280.

Any such violation on the part of the City shall constitute a breach of the Lease at Owner’s option; provided, however, City will not be required to make any structural changes to the Premises or the Building unless such structural change is required due to City’s act, alterations or occupancy or use of the Premises.

City agrees to indemnify and hold Owner harmless from any and all costs, expenses, claims and liability, including without limitation attorney fees, arising from City’s failure to perform such compliance with law obligations. This indemnity shall survive the expiration or sooner termination of this Lease.

INDEMNIFICATION
City and its successors and assigns (collectively, “City Indemnifying Party”) hereby agree to defend, indemnify and hold Owner, including its past, present and future employees, agents, representatives, officers, directors, partners, attorneys, stockholders, parent companies, subsidiary companies, corporate affiliates, successors and assigns (collectively, “Owner Indemnified Parties”) free and harmless for, from and against any and all claims, liabilities, obligations, losses, fines, license fees, costs, interest, amounts paid in settlement of claims or damages (including any out-of-pocket expenses and reasonable attorney fees and expenses incurred in the investigation or defense of any of the same or in asserting any of their respective rights hereunder), whether or not involving a third-party claim against the Owner Indemnified Party, resulting from or arising out of a City Indemnifying Party’s activities, maintenance, repair, use or occupancy of the Premises or the actions or inactions of a City Indemnifying Party’s employees, agents, representatives or contractors or other parties related thereto.
4 City Indemnifying Party’s indemnification hereunder shall extend to and include without limitation—
Any claim for or amount due (including fines, penalties, and interest) for taxes owed under any state or federal law, including without limitation occupancy taxes due pursuant to Revenue & Taxation Code §7280 owed by City Indemnifying Parties but not any of the same owed by the Owner on account of its ownership of the Premises or the Rent paid to the Owner under this Lease.

Owner hereby agrees to defend, indemnify and hold City and its respective past, present and future employees, agents, representatives, officers, directors, partners, stockholders, parent companies, subsidiary companies, corporate affiliates, successors and assigns, an “City Indemnified Party”) free and harmless for, from and against any and all claims, liabilities, obligations, losses, fines, license fees, costs, interest, amounts paid in settlement of claims or damages (including any outof-pocket expenses and reasonable attorneys’ fees and expenses incurred in the investigation or defense of any of the same or in asserting any of their respective rights hereunder), whether or not involving a third-party claim against an Indemnified Party, resulting from or arising out of Owner’s negligence or intentional misconduct or that of its employees, agents, representatives, contractors, or parties related thereto.

City, as a material part of the consideration to be rendered to Owner, hereby waives, and releases all claims City may have against Owner for loss of business income and for damages to goods, wares, merchandise, supplies and inventory in, upon or about the Premises, unless such damage is solely caused by the intentional act or gross negligence of Owner. Further, City hereby waives and releases all claims against Owner for injury to City, its agents, employees, invitees or third persons in or about the Premises from any cause, unless such injury is solely caused by the intentional act or gross negligence of Owner. City shall have an affirmative duty to notify Owner, in writing, if possible, of any condition which Owner has a duty to repair which might result in injury to property or persons.

The indemnities described above shall survive the expiration or sooner termination of this Lease.

ATTORNEY FEES AND COSTS
It is mutually understood and agreed by and between the parties hereto that if suit be brought by the Owner against the City to recover any Rent or for breach of any agreement or condition herein contained to be performed by the said City or any summary action be brought by the said Owner for the forfeiture of this Lease or to recover possession of the said Premises or if either party should bring action to enforce any of the provisions of this Lease, reasonable attorney’s fees and costs as fixed by the Court for commencing or prosecuting said action shall be allowed the prevailing party.

ADA COMPLIANCE AND DISCLOSURE
Owner represents warrants that the Premises (as of the Commencement Date of this Lease) shall be in conformance with the requirements of the Americans with Disabilities Act and all regulations issued by the U.S. Attorney General or other authorized agencies under the authority of the Americans with Disabilities Act (“ADA Laws”). Owner shall be responsible, at its sole expense, for making any alterations, modifications needed to comply with the requirements of the ADA and all related Laws, and to bear any expense during the Term to ensure the ongoing compliance with 5 any of these Laws. Owner shall reimburse and indemnify City for any expenses incurred because of the failure of the Premises to conform with the ADA Laws, including the costs of making any alterations, renovations or accommodations required by the ADA laws, any governmental enforcement agency or any court, any and all fines, civil penalties and damages awarded against City resulting from a violation or violations of the ADA Laws and all reasonable legal expenses incurred in defending claims made under the ADA Laws, including reasonable attorney’s fees, so long as it is not caused by City’s specific use.

Owner and City hereby acknowledge that pursuant to Section 1938 of the California Civil Code, if the Premises have not been inspected by a Certified Access Specialist (a “CASp”) prior to the execution of the Lease, then the following disclosure shall be included in the Lease:
“A Certified Access Specialist (CASp) can inspect the subject Premises and determine whether the subject Premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject Premises, the commercial property owner or Owner may not prohibit the City or City from obtaining a CASp inspection of the subject Premises for the occupancy or potential occupancy of the City or City, if requested by the City or City. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection.” Owner shall be responsible for the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises.” Confidentiality. By entering into this Lease, City agrees that at all times during or after or after the Term, it will keep confidential and not disclose to any third party or make use of the CASp Inspection Report unless it has obtained written approval by an officer of the Owner or unless disclosure is required under applicable law. City agrees and acknowledges that a breach of this provision will irreparably damage the Owner. Notwithstanding any provision in this Lease to the contrary, Owner may enforce this provision by an action in a court of competent jurisdiction, seeking injunctive relief, and City agrees that he shall pay Owner’s attorney fees and costs of suit incurred thereby.

Assignment or Subletting. Except as expressly permitted in this Lease with respect to a Permitted Transfer (as defined below), City shall not directly or indirectly, voluntarily or by operation of law, assign transfer, hypothecate, mortgage or encumber City’s interest in this Lease or sublet, franchise, license or permit the Premises or any part thereof to be used or occupied by others (a “Transfer”) without Owner’s prior written consent, which consent will not be unreasonably withheld, conditioned or delayed. If City desires Owner’s consent to any Transfer, City shall provide Owner with (i) notice of the terms of the proposed Transfer, including its proposed effective date, a description of the portion of the Premises to be transferred, and a copy of all existing executed and/or proposed documentation which materially pertains to the proposed Transfer, and (ii) current financial statements of the proposed transferee (subject to Owner’s execution of a mutually agreeable confidentiality agreement) (collectively, the “Transfer Notice”).

Owner agrees to respond to any request for consent within twenty (20) business days after receipt of the Transfer Notice by Owner. If Owner fails to respond to any request by City for consent within the twenty (20) business day period, Owner will be deemed to have consented to such 6 Transfer. Any Transfer made without Owner’s prior consent shall, at Owner’s option, be void and shall, at Owner’s option, constitute a default.

Notwithstanding any other provision of this Lease to the contrary, so long as there is no default under this Lease beyond any applicable cure periods, City may cause any of the following to occur without Owner’s consent, each of which will be deemed a “Permitted Transfer”):

The transfer of stock in connection with a merger or consolidation of City and another corporation, provided that City’s successor is, as a result of the reorganization, legally bound to pay and perform all of the terms of this Lease.

Transfers to any affiliate, firm, person, corporation, partnership, or other entity now or hereafter controlled by, in control of, or under common control with City, but in such event, City shall remain liable for the obligations set forth under this Lease; and Transfers of not more than forty-nine percent (49%) of the direct or indirect ownership interests in City.

In the event of a proposed Transfer requiring Owner’s consent, City shall provide the transfer documents to Owner for review by Owner’s attorney and shall pay all of the Owner’s reasonable attorney’s fees in connection with any such review, not to exceed One Thousand Dollars ($1,000.00).

IN WITNESS WHEREOF, as authorized representatives of the CITY OF SALINAS and MARINA HOTELS CI, LLC, a for profit corporation, have executed this Agreement.

Marina Hotels CI, LLC City of Salinas:

By: By:

Ronald Prasad, CHS General Manager Steven S. Carrigan., City Manager r APPROVED AS TO FORM: APPROVED AS TO FORM
By: By:
[Name], [Title] Christopher A. Callihan, City Attorney
FISCAL YEAR 2022-23

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF SALINAS AND
BENITIEZ SECURITY SERVICES INC.

This is an official document.

Do not make any changes to this document EXCEPT to modify your signature block on the last page as needed.

Agreement for Services v. January 2021 Page 1 of 7
Benitez Security Services, Inc.

September 2022
FISCAL YEAR 2022-23

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF SALINAS
AND
BENITEZ SECURITY SERVICES, INC.

FOR

SECURITY SERVICES FOR THE SALINAS ARPA/PRK MOTEL PROGRAM Agreement Number: 22MoCoARPA04
THIS AGREEMENT is executed this 1
st day of September 2022, (“Agreement” or
“Contract”) between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”) and Benitez Security Services, Inc., a California corporation (Hereinafter “Contractor”).

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

1. Scope. Contractor hereby agrees to provide the City, security services for the Salinas ARPA/PRK Motel Program under this Agreement, as more fully described in Attachment B – Scope of Work, attached hereto and incorporated herein by reference.

2. Timeliness. Contractor shall perform all tasks in a timely fashion, as set forth more specifically in Section 3 below. Failure to so perform is hereby deemed a material breach of this Agreement, and City may terminate this Agreement with no further liability hereunder, or the city may agree in writing with Contractor to an extension of time.

3. Term. The work under this Agreement shall commence on September 1st, 2022, and shall be completed by December 31st, 2022, unless City grants a written extension of time as set forth in Section 2 above. This Agreement may be extended only upon mutual written consent of the parties on a month-to-month basis and may be terminated only pursuant to the terms of this Agreement.

4. Payment. City hereby agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, a total amount of compensation not to exceed three hundred twenty-one thousand seven hundred eighty-three dollars ($321,783).

Contractor has no right of reimbursement for expenses under this Agreement. Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City. The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.

5. Meet & Confer. Contractor agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by City to insure timely Agreement for Services v. January 2021 Page 2 of 7
Benitez Security Services, Inc.

September 2022
and adequate performance of this Agreement.

6. Insurance. Contractor shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Attachment A hereto.

7. Indemnification. Contractor shall hold harmless, defend at its own expense, and indemnify City and its officers, officials, employees, agents, and volunteers from and against all liability, claims, damages, losses, and/or expenses including reasonable City attorney fees arising from all acts or omissions of Contractor or its officers, agents, or employees arising out of the performance of the work under this Contract, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the sole negligence or willful misconduct of the City.

8. Licensing. Contractor warrants that it is properly licensed to perform the work specified under this Agreement, including but not limited to possession of a current City business license.

9. Termination. City may terminate this Agreement upon ten days’ written notice. The amount of damages, if any, as a result of such termination may be decided by negotiations between the parties or before a court of competent jurisdiction.

10. Agency. In performing the services specified under this Agreement, Contractor is hereby deemed to be an independent contractor and not an agent or employee of City.

11. Non-Assignability. The rights and obligations of Contractor hereunder are not assignable and cannot be delegated without written consent of City.

12. Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto and supersedes any and all prior agreements, whether oral or written, relating to the subject matter thereof. Any modification of the Agreement will be effective only if it is in writing signed by both parties hereto.

13. Validity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.

14. Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.

15. Laws. Contractor agrees that in the performance of this Agreement it will comply with all applicable State, Federal and local laws and regulations. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and Agreement for Services v. January 2021 Page 3 of 7
Benitez Security Services, Inc.

September 2022
City of Salinas.

IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto on the day and year first written above.

CITY OF SALINAS
________________________
Steve Carrigan, City Manager
APPROVED AS TO FORM:
__________________________________
Christopher A. Callihan, City Attorney, or
Rhonda Combs, Assistant City Attorney

CONTRACTOR
___________________________________
Jesus Benitez, Chief Executive Officer
Agreement for Services v. January 2021 Page 4 of 7
Benitez Security Services, Inc.

September 2022
Attachment A
Insurance Requirements
Contractor shall procure and maintain for the duration of the contract, and for three years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her/its officers, agents, representatives, employees, and/or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, on an annual basis.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Contractor requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Contractor shall cause the insurer to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by Agreement for Services v. January 2021 Page 5 of 7
Benitez Security Services, Inc.

September 2022
or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

4. A copy of the claims reporting requirements must be submitted by Contractor to the City.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractor’s Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including an additional insured endorsement and all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Maintenance of Insurance
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving Agreement for Services v. January 2021 Page 6 of 7
Benitez Security Services, Inc.

September 2022
Contractor of its indemnification obligations or any responsibility whatsoever and the Contractor may carry, at its own expense, such additional insurance as it deems necessary.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Agreement for Services v. January 2021 Page 7 of 7
Benitez Security Services, Inc.

September 2022
Attachment B
Scope of Work
Schedule of Charges for Security Services and Equipment NUMBER OF SECURITY GUARDS: Three (3) (UNARMED)
HOURS OF GUARD SERVICE PER WEEK:
1) Security Officer 1: 168 hours
2) Security Officer 2: 168 hours
3) Security Officer 3: 168 hours
Total Hours: 504 a week
START DATE: Continued from Center for Independent Living Contract September 1, 2022 WEEKLY SCHEDULE:
1) Security Officer 1: Monday-Sunday
2) Security Officer 2: Monday-Sunday
3) Security Officer 3: Monday-Sunday
BILLING RATE(S):
• $36.00 Per hour: Unarmed Security Officer
• On Call Consultation services (Included at a discounted rate) • (2) Silvertrac Monthly reporting software licenses
• (2) Cellphone reporting devices (Included at no additional cost) • Radios, signs, and limited security equipment
(Monthly equipment fee will be applied to invoice)
OVERTIME RATE POLICY:

The Overtime rate is for each hour of service rendered by each Security Officer in excess of eight (8) hours on any single shift within a twenty-four (24) hour period or in excess of forty (40) hours in any single week. For each security officer who is required to appear in court or at a deposition as a witness as a result of an occurrence at City's facility, Company shall bill City at the overtime rate for the number of hours the Security Officer is required to be present in court, plus parking charges and travel time to court. Overtime shall be calculated at 1.5 times the regular billed hourly rate after the 8th hour and up to the 12th hour of any single shift. Overtime work completed by a guard on any single shift after the 12th hour shall be calculated at twice the hourly billed rate.

HOLIDAY RATE POLICY:

The holiday rate is for any services by each security guard on any of the following holidays:

New Year’s Day, Labor Day, Presidents Day, Veterans Day, Memorial Day, Thanksgiving Day, Independence Day, and Christmas Day. Holiday rate shall be calculated at 1.5 times the regular billed hourly rate.

POST ORDERS: Will be added below and agreed upon by company and City.

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-537, Version: 1
Ratify and Amend Emergency Agreements with Environmental Systems, Inc.

Approve a Resolution ratifying (3) and amending (2) Emergency Agreements with Environmental Systems Inc. (ESI) for the replacement and repair of 2 Heating, Ventilation and Air Conditioning (HVAC) Systems and 1 Heating System.

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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: OCTOBER 4, 2022
DEPARTMENT: LIBRARY AND COMMUNITY SERVICES
FROM: KRISTAN LUNDQUIST, LIBRARY AND COMMUNITY

SERVICES DIRECTOR
BY: ANA AMBRIZ, MANAGEMENT ANALYST
TITLE: RATIFY AND AMEND EMERGENCY AGREEMENTS WITH
ENVIRONMENTAL SYSTEMS, INC.

RECOMMENDED MOTION:

A motion to ratify (3) and amend (2) Emergency Agreements with Environmental Systems Inc. (ESI) for the replacement and repair of 2 Heating, Ventilation and Air Conditioning (HVAC) Systems and 1 Heating System.

RECOMMENDATION:

It is recommended that the City Council approve a resolution ratifying (3) and amending (2) Emergency Agreements with Environmental Systems Inc. for the replacement and repair of 2 Heating, Ventilation and Air Conditioning (HVAC) Systems and 1 Heating System.

BACKGROUND:

The City of Salinas owns and operates the Community Center/Sherwood Hall, El Dorado Park Recreation Center and the Salinas Aquatic Center (Operated by the Central Coast YMCA). At the end of Fiscal Year 21-22, Library and Community Services staff received notice that the Boiler and Pump at Sherwood Hall was not functioning properly and unable to provide heat to the facility.

A similar notice was received for the HVAC Systems at El Dorado Park Recreation Center and Salinas Aquatic Center. The HVAC systems were not functioning and unable to provide adequate heat and air circulation.

A series of Special Events had been scheduled at Sherwood Hall and both, El Dorado Park Recreation Center and Salinas Aquatic Center were fully operational and open to the public. As required by code standards public facilities are required to provide adequate heat and ventilation during open hours. Staff requested 3 Emergency Purchases under Salinas Municipal Code Sec. 12- 24 to repair and replace malfunctioning systems at the 3 facilities and the City Manager entered into 3 separate agreements with Environmental Systems, Inc. During the undertaking of these projects, ESI identified additional parts and work needed to fully address the heating and air circulation issues at 2 of the facilities. Appropriations are available in the FY22-23 budget to cover Page | 2
the costs of the unanticipated additional repairs. A breakdown of the original cost, additional cost and final cost is illustrated in the chart below.

Facility Original Cost Additional Cost Total Cost
Sherwood Hall $51,986 $11,514 $63,500
El Dorado Park
Recreation Center
$31,500 $19,800 $51,300
Salinas Aquatic
Center
$132,673 - $132,673
These projects have now been complete and consistent with City policy, the ratification and amendment of total agreement amounts require council approval.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

Infrastructure and Environmental Sustainability
Public Safety
Youth and Seniors
DEPARTMENTAL COORDINATION:

These projects required coordination with the City Manager’s Office, Public Works, Facilities Division, City Attorney’s Office, and Finance Department.

FISCAL AND SUSTAINABILITY IMPACT:

The original total of $216,159 was available and paid out of LCS’ FY 21-22 General Fund budget.

Appropriations are available in the FY22-23 budget for the additional $32,000.

ATTACHMENTS:

Resolution
Page | 1
RESOLUTION NO. (N.C.S.)

A RESOLUTION RATIFYING AND AMENDING EMERGENCY SERVICE
AGREEMENTS WITH ENVIRONMENTAL SYSTEMS, INC.

WHEREAS, The City of Salinas owns and operates the Community Center/Sherwood Hall, El Dorado Park Recreation Center and the Salinas Aquatic Center (Operated by the Central Coast YMCA); and
WHEREAS, Library and Community Services staff received notice that the heating and HVAC systems were not functioning properly and unable to provide adequate heat and air circulation to the facilities; and
WHEREAS, three (3) emergency agreements were approved by the City Manager in the amount of $216,159 with Environmental Systems, Inc. (ESI); and WHEREAS, an additional $32,000 is available in the City’s FY22-23 budget for two (2) projects to fully address the heating and ventilation issues; and NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council ratifies the 3 emergency agreements with ESI and amends the total cost of the 2 agreements by an additional $32,000.

PASSED AND APPROVED this 4
th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
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Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-538, Version: 1
Side Letter Agreement with SEIU LOCAL 521 Blue Collar Unit Approve a Resolution authorizing the City manager to execute and implement a Side Letter Agreement with Service Employees International Union (SEIU) Local 521 Blue Collar.

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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: October 4, 2022
DEPARTMENT: HUMAN RESOURCES DEPARTMENT
FROM: Marina Horta-Gallegos, Human Resources Director
TITLE: SIDE LETTER AGREEMENT BETWEEN SEIU LOCAL 521 BLUE

COLLAR UNIT AND THE CITY OF SALINAS
RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the City Manager to execute and implement a Side Letter Agreement with Service Employees International Union Local 521 Blue Collar Unit to modify section 6 of the Memorandum of Understanding to include a training premium of five percent (5%). Effective 10/4/2022, the City shall pay five percent (5%) toward base pay for employees approved to train new commercial drivers consistent with the side letter agreement.

RECOMMENDATION:

Staff recommends authorization be provided to the City Manager to execute and implement the Side Letter Agreement between Service Employees International Union Local 521 Blue Collar Unit and the City.

BACKGROUND:

Effective February 7, 2022, the Federal Motor Carrier Safety Administration (FMCSA) has established new training requirements for new commercial drivers. In addition to the federal requirements, the Department of Motor Vehicles (DMV) now requires 15 hours of behind-thewheel training. New drivers will be unable to participate in the DMV’s behind-the-wheel commercial driver’s license exam until new requirements are met.

Limited training options are currently available. The Human Resources Department conducted extensive research into training opportunities that comply with the new FMSCA and DMV requirements and has developed a “train-the-trainer” program through J.J. Keller & Associates, a well-known Department of Transportation safety and compliance source. The training program includes incumbent employees undergoing a training to become trainers for our new commercial drivers.

The City has met and conferred with SEIU to discuss and develop a training program that conforms to the new requirements. The intended program includes four incumbent commercial drivers Page | 2
undergoing training and becoming commercial driver trainers at a premium of five percent (5%) of base premium for the time involved training.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

The proposed action meets the Effective and Culturally Responsive Government Council goal within the 2022-2025 Strategic Plan.

DEPARTMENTAL COORDINATION:

The Human Resources Department and Public Works Department coordinated in development of this program.

FISCAL AND SUSTAINABILITY IMPACT:

The Side Letter Agreement will result in an expenditure of approximately five percent (5%) of base pay for each commercial driver trainer consistent with the side letter agreement. The cost of the additional pay can be absorbed in the current Department budget.

ATTACHMENTS:

Side Letter Agreement

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-550, Version: 1
a. Pending Litigation - California Government Code Section 54956.9(d)(1), conference with legal counsel regarding, Santa Rita Union High School District, et al. v. City of Salinas et al., Monterey County Superior Court Case No. 20CV000242.
b. Pending Litigation - California Government Code Section 54956.9(d)(1), conference with legal counsel regarding, Alisal Union School District, et al. v. City of Salinas, et al., Monterey County Superior Court Case No. 20CV00340.
c. Real Property Negotiations - California Government Code Section 54956.8, conference with real property negotiators City Manager Steven S. Carrigan, City Attorney Christopher A. Callihan, Community Development Director Megan Hunter, and Assistant Community Development Director Lisa Brinton, to discuss the terms and sale of real properties located at 219 Salinas Street (APN 002242029000, Parking Lot 1); 210 Salinas Street (APN TNPAPN 000142, Parking Lot 8); 122 Lincoln Avenue (APN 002245008000, Parking Lot 12), 128 Lincoln Avenue (APN 002245007000, Parking Lot 12), 118 Lincoln Avenue (APN 002245005000, Parking Lot 12), 120 Lincoln Avenue (APN 0022458006000, Parking Lot 12), 112 Lincoln Avenue (APN 002245004000, Parking Lot 12).
d. Performance Evaluation and Labor - California Government Code §54957 and §54957.6, public employee performance evaluation and labor relations with unrepresented employee (City Manager). e. Performance Evaluation and Labor - California Government Code §54957 and §54957.6, public employee performance evaluation and labor relations with unrepresented employee (City Attorney).

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