Agenda Packet — Salinas City Council, December 13, 2022 (part 2 of 4)

Photo 1. View of the developed and disturbed/barren areas within the project site, facing southeast. August 11, 2022.

Photo 2. View of the detention basin, facing southwest.

August 11, 2022
Photo 3. View of the wastewater treatment pond and
disturbed/barren road, facing northwest. August 11, 2022 Photo 4. View of the tilled agricultural land, facing northwest.

August 11, 2022
Photo 5. View of the irrigation canal, facing southwest.

August 11, 2022
Photo 6. View of the irrigation canal and culvert # 1,
facing south. August 11, 2022
Salinas Industrial Wastewater Treatment
Facility (IWTF) Improvements Project
I:\CPZ2201\G\Site_Photos_Bio_2022.cdr (8/23/2022)

ATTACHMENT C
Representative Site Photos

Page 2 of 4 ends

Photo 7. View of the wastewater treatment pond, facing
northwest. August 11, 2022
Photo 8. View of the irrigation canal, facing southeast. August 11, 2022
Photo 9. View of the irrigation canal and wetland vegetation, facing northeast. August 11, 2022
Photo 10. View of the ruderal vegetation within the dry beds, facing northwest. August 11, 2022
Photo 11. View of the irrigation canal, facing southwest.

August 11, 2022
Photo 12. View of culvert #2 and irrigation canal, facing southeast. August 11, 2022
Salinas Industrial Wastewater Treatment
Facility (IWTF) Improvements Project
I:\CPZ2201\G\Site_Photos_Bio_2022.cdr (8/23/2022)

ATTACHMENT C
Representative Site Photos

Page 3 of 4 ends

Photo 13. View of the irrigation canal and ruderal vegetation, facing southwest. August 11, 2022
Photo 14. View of culvert #3 within the irrigation canal that connects to the Salinas River, facing southwest. August 11, 2022
Photo 15. View of the pump house and cliff swallow mud
nests, facing northeast. August 11, 2022
Photo 16. View of the disturbed/barren areas, wastewater treatment ponds, and riparian woodland, facing southwest.

August 11, 2022
Photo 17. View of ruderal habitat that has been cleared below the wastewater treatment ponds adjacent to the
riparian woodland, facing southeast. August 11, 2022
Photo 18. View of ruderal habitat and wastewater treatment ponds adjacent to the riparian woodland, facing southeast.

August 11, 2022
Salinas Industrial Wastewater Treatment
Facility (IWTF) Improvements Project
I:\CPZ2201\G\Site_Photos_Bio_2022.cdr (8/23/2022)

ATTACHMENT C
Representative Site Photos

Page 4 of 4 ends

Photo 19. View of the irrigation canal and culvert #4,
facing northeast. August 11, 2022
Photo 20. View of the Airport Lift Station site and
developed area, facing southwest. August 11, 2022
Photo 21. View of the developed area and ornamental
landscaping, facing northeast. August 11, 2022
Photo 22. View of the developed area, facing southwest.

August 11, 2022
Salinas Industrial Wastewater Treatment
Facility (IWTF) Improvements Project
B IOLOGICAL R ESOURCES A SSESSMENT
S EPTEMBER 2022
S ALINAS I NDUSTRIAL W ASTE F ACILITIES I MPROVEMENT P ROJECTS S ALINAS , C ALIFORNIA

P:\CPZ2201 Salinas Wastewater Treatment\PRODUCTS\Bio\Biological Tech Assessment_Salinas Wastewater Treatment_Draft 9‐21‐22.docx (09/21/22) ATTACHMENT D

VASCULAR PLANT AND ANIMAL SPECIES OBSERVED
D‐1
B IOLOGICAL R ESOURCES A SSESSMENT
S EPTEMBER 2022
S ALINAS I NDUSTRIAL W ASTE F ACILITIES I MPROVEMENT P ROJECTS S ALINAS , C ALIFORNIA

P:\CPZ2201 Salinas Wastewater Treatment\PRODUCTS\Bio\Biological Tech Assessment_Salinas Wastewater Treatment_Draft 9‐21‐22.docx (09/21/22) VASCULAR PLANT SPECIES OBSERVED
The following vascular plant species were observed in the specified study area by LSA biologist Kelly McDonald on August 12, 2022.

* Introduced species not native to California

Scientific Name Common Name
FERNS AND FERN ALLIES
Equisetaceae Horsetail Family
Equisetum sp. Horsetail

EUDICOTS
Apiaceae Carrot
Conium maculatum Poison hemlock
Asteraceae Sunflower Family
Artemisia douglasiana Mugwort
Baccharis pilularis Coyote brush
Carduus pycnocephalus Italian thistle
Erigeron canadensis Canada horseweed
Lactuca serriola Prickly lettuce
Pseudognaphalium luteoalbum* Jersey cudweed
Sonchus asper* Spiny sow thistle
Xanthium strumarium Smooth cocklebur
Brassicaceae Mustard Family
Brassica nigra Black mustard
Lepidium latifolium Perennial pepperweed
Rorippa palustri Bog yellow cress
Caryophyllaceae Pink Family
Spergularia rubra* Purple sand spurry
Chenopodiaceae    Goosefoot Family
Chenopodium album*   Lamb's quarters
Convolvulaceae Bindweed Family
Convolvulus arvensis* Field bindweed
Cyperaceae Sedge Family
Cyperus esculentus Nut grass
Schoenoplectus californicus California bulrush
Euphorbiaceae Spurge Family
Euphorbia serpens* Matted sandmat
Fagaceae Oak Family
Quercus agrifolia Coast Live Oak
Heliotropiaceae Heliotrope
Heliotropium curassavicum Seaside heliotrope
Malvaceae    Mallow Family
Malva parviflora* Cheeseweed mallow
D‐2
B IOLOGICAL R ESOURCES A SSESSMENT
S EPTEMBER 2022
S ALINAS I NDUSTRIAL W ASTE F ACILITIES I MPROVEMENT P ROJECTS S ALINAS , C ALIFORNIA

P:\CPZ2201 Salinas Wastewater Treatment\PRODUCTS\Bio\Biological Tech Assessment_Salinas Wastewater Treatment_Draft 9‐21‐22.docx (09/21/22) Scientific Name Common Name
Onagraceae Primrose Family
Oenothera elata Evening primrose
Plantaginaceae Plantain Family
Kickxia elatine* Sharp leaved fluellin
Polygonacae Buckwheat Family
Persicaria lapathifolia Common knotweed
Rumex crispus Curly dock
Rosaceae Rose Family
Heteromeles arbutiflora Toyon
Rubus armeniacus* Himalayan blackberry
Salicaceae Willow Family
Populus trichocarpa Black cottonwood
Salix exigua Sandbar willow
Salix laevigata Red willow
Salix lasiolepis Arroyo willow
Sapindaceae Buckeye Family
Acer negundo Boxelder
Solanaceae Nightshade Family
Nicotiana quadrivalvis* Indian tobacco
Typhaceae    Cattail Family
Typha sp.   Cattail
Urticaceae Nettle Family
Urtica dioica Stinging nettle
Viburnaceae    Muskroot Family
Sambucus mexicana Blue elderberry
Zygophyllaceae Caltrop Family
Tribulus terrestris* Puncture vine

MONOCOTS
Cyperaceae Sedge Family
Cyperus eragrostis Tall flatsedge
Carex sp. Sedge sp.

Poaceae Grass Family
Avena fatua* Common wild oat
Arundo donax* Giant reed
Bromus madritensis ssp. madritensis Foxtail chess
Cynodon dactylon* Bermuda grass
Festuca perennis* Italian ryegrass
Poa annua* Annual bluegrass
Polypogon monspeliensis* Rabbit’s‐foot grass

D‐3
B IOLOGICAL R ESOURCES A SSESSMENT
S EPTEMBER 2022
S ALINAS I NDUSTRIAL W ASTE F ACILITIES I MPROVEMENT P ROJECTS S ALINAS , C ALIFORNIA

P:\CPZ2201 Salinas Wastewater Treatment\PRODUCTS\Bio\Biological Tech Assessment_Salinas Wastewater Treatment_Draft 9‐21‐22.docx (09/21/22) WILDLIFE SPECIES OBSERVED
The following wildlife species were observed in the specified study area by LSA biologist Kelly McDonald on August 12, 2022.

Common name Scientific name

REPTILES
Western fence lizard Sceloporus occidentalis
BIRDS
Canada goose Branta canadensis
American white pelican Pelecanus erythrorhynchos
Double‐crested cormorant Nannopterum auritum
Mallard Anas platyrhynchos
American coot Fulica americana
California quail Callipepla californica
Great blue heron Ardea herodias
Great egret Ardea alba
Snowy egret Egretta thula
Turkey vulture Cathartes aura
Red‐tailed hawk Buteo jamaicensis
Red‐necked phalarope Phalaropus lobatus
Killdeer Charadrius vociferous
Least sandpiper Calidris minutilla
Greater yellowlegs Tringa melanoleuca
Mourning dove Zenaida macroura
Anna’s hummingbird Calypte anna
Nuttall’s woodpecker Picoides nuttallii
Black phoebe Sayornis nigricans
Warbling vireo Vireo gilvus
Steller’s jay Cyanocitta stelleri
Western scrub jay Aphelocoma californica
American crow Corvus brachyrhynchos
Common raven Corvus corax
Northern rough‐winged swallow Stelgidopteryx serripennis Cliff swallow Petrochelidon fulva
Tree swallow Tachycineta bicolor
Barn swallow Hirundo rustica
Wrentit Chamaea fasciata
Brewer's blackbird Euphagus cyanocephalus
D‐4
B IOLOGICAL R ESOURCES A SSESSMENT
S EPTEMBER 2022
S ALINAS I NDUSTRIAL W ASTE F ACILITIES I MPROVEMENT P ROJECTS S ALINAS , C ALIFORNIA

P:\CPZ2201 Salinas Wastewater Treatment\PRODUCTS\Bio\Biological Tech Assessment_Salinas Wastewater Treatment_Draft 9‐21‐22.docx (09/21/22) Common name Scientific name
Wilson’s warbler Cardellina pusilla
Bewick's wren Thryomanes bewickii
Spotted towhee Pipilo maculatus
California towhee Melozone crissalis
Song sparrow Melospiza melodia
House finch Haemorhous mexicanus
Lesser goldfinch Spinus psaltria

B IOLOGICAL R ESOURCES A SSESSMENT
S EPTEMBER 2022
S ALINAS I NDUSTRIAL W ASTE F ACILITIES I MPROVEMENT P ROJECTS S ALINAS , C ALIFORNIA

P:\CPZ2201 Salinas Wastewater Treatment\PRODUCTS\Bio\Biological Tech Assessment_Salinas Wastewater Treatment_Draft 9‐21‐22.docx (09/21/22) ATTACHMENT E
SUMMARY OF SPECIAL‐STATUS SPECIES

9/1/22 (P:\CPZ2201 Salinas Wastewater Treatment\PRODUCTS\Bio\Attachment E Species Table.docx) E-1
Table E-1: Special-Status Plant Species Potentially Occurring in the Project Vicinity Common Name Scientific
Name Status General Habitat Description Flowering
Period Likelihood of Occurrence within the Project Sites Vernal pool bent grass Agrostis
lacuna-vernalis
US: –
CA: –
CNPS: 1B.1

Annual herb occurring in vernal pools
between 115 and 145 m in elevation.

Monterey County.

April–May Not Expected. There are three records of
occurrence in the project vicinity 1 (CNDDB 2011)
and suitable habitat is absent from both project
sites. The maintained and developed nature of
the site reduces the likelihood of occurrence.

Hickman’s onion Allium
hickmanii
US: –
CA: –
CNPS: 1B.2

Perennial bulbiferous herb occurring in
closed-cone coniferous forest, chaparral,
coastal prairie, coastal scrub, and valley and
foothill grasslands between 5 and 185 meters
in elevation. Monterey and San Luis Obispo
Counties.

March–
May
Not Expected. There are two records of
occurrence in the project vicinity (CNDDB 2000,
2009) and suitable habitat is absent from both
project sites. The maintained and developed
nature of the site reduces the likelihood of
occurrence.

Hooker’s manzanita Arctostaphylos
hookeri ssp.
hookeri
US: –
CA: –
CNPS: 1B.2

Perennial evergreen shrub occurring in sandy
soils in closed-cone coniferous forest,
chaparral, cismontane woodland, and coastal
scrub between 85 and 300 m in elevation.

Monterey and Santa Cruz Counties.

January–
June
Not Expected. There are two records of
occurrence in the project vicinity (CNDDB 2012,
2016) and suitable habitat is absent from both
project sites. The maintained and developed
nature of the site reduces the likelihood of
occurrence.

Toro
manzanita
Arctostaphylos
montereyensis
US: –
CA: –
CNPS: 1B.2

Perennial evergreen shrub occurring in sandy
soils in chaparral, cismontane woodland, and
coastal scrub between 30 and 730 m in
elevation. Monterey County.

February–
March
Not Expected. There are six records of
occurrence in the project vicinity (CNDDB 1981,
1992, 1995, 2007, 2011, 2012) and suitable
habitat is absent from both project sites. The
maintained and developed nature of the site
reduces the likelihood of occurrence.

Pajaro manzanita Arctostaphylos
pajaroensis
US: –
CA: –
CNPS: 1B.1

Perennial evergreen shrub occurring in
chaparral; sandy soil between 30 and 60 m in
elevation. Monterey, San Benito, and Santa
Cruz Counties.

December–
March
Not Expected. There are three records of
occurrence in the project vicinity (CNDDB 2000,
2009) and suitable habitat is absent from both
project sites. The maintained and developed
nature of the site reduces the likelihood of
occurrence.

Sandmat manzanita Arctostaphylos
pumila
US: –
CA: –
CNPS: 1B.2

Perennial evergreen shrub occurring in
closed-cone coniferous forest, chaparral,
cismontane woodland, coastal dunes, coastal
scrub; in openings with sandy soil between 3
and 205 m in elevation. Monterey County.

February–
May
Not Expected. There are four records of
occurrence in the project vicinity (CNDDB 1992,
2012, 2015, 2017) and suitable habitat is absent
from both project sites. The maintained and
developed nature of the site reduces the
likelihood of occurrence.

9/1/22 (P:\CPZ2201 Salinas Wastewater Treatment\PRODUCTS\Bio\Attachment E Species Table.docx) E-2
Table E-1: Special-Status Plant Species Potentially Occurring in the Project Vicinity Common Name Scientific
Name Status General Habitat Description Flowering
Period Likelihood of Occurrence within the Project Sites Alkali milk vetch Astragalus
tener var.
tener
US: –
CA: –
CNPS: 1B.2

Annual herb occurring in playas, valley and
foothill grasslands with adobe clay soil, and
vernal pools with alkaline soil between 1 and
60 m in elevation. Northern California
counties.

March–
June
Not Expected. There is one historical record of
occurrence in the project vicinity (CNDDB 1881)
and suitable habitat is absent from both project
sites. The maintained and developed nature of
the site reduces the likelihood of occurrence.

Pink Johnny-nip Castilleja
ambigua var.
insalutata
US: –
CA: –
CNPS: 1B.1

Annual herb (hemiparasitic) occurring in
coastal prairie and coastal scrub between 0
and 100 m in elevation. Monterey and San
Luis Obispo Counties.

May-
August
Not Expected. There is one record of occurrence
in the project vicinity (CNDDB 1999) and suitable
habitat is absent from both project sites. The
maintained and developed nature of the site
reduces the likelihood of occurrence.

Congdon’s tarplant Centromadia
parryi ssp.
congdonii
US: –
CA: –
CNPS: 1B.1

Annual herb occurring in valley and foothill
grasslands with alkaline soil between 1 and
230 m in elevation. Northern California
counties.

May–
November
Not Expected. There are 19 records of
occurrence in the project vicinity with the most
recent from 2016 and suitable habitat is absent
from both project sites. The maintained and
developed nature of the site reduces the
likelihood of occurrence.

Fort Ord spineflower Chorizanthe
minutiflora
US: –
CA: –
CNPS: 1B.2

Annual herb occurring in chaparral (maritime)
and coastal scrub between 55 and 150 m in
elevation. Monterey County.

April- July Not Expected. There are four records of
occurrence in the project vicinity (CNDDB 1994,
2015, 2016) and suitable habitat is absent from
both project sites. The maintained and developed
nature of the site reduces the likelihood of
occurrence.

Monterey spineflower Chorizanthe
pungens var.
pungens
US: FT
CA: –
CNPS: 1B.2

Annual herb occurring in chaparral,
cismontane woodland, coastal dunes, coastal
scrub, and valley and foothill grasslands with
sandy soil between 3 and 450 m in elevation.

Monterey, Santa Cruz, and San Luis Obispo
Counties.

April–June Not Expected. There are five records of
occurrence in the project vicinity (CNDDB 2006,
2007, 2009, 2012, 2016) and suitable habitat is
absent from both project sites. The maintained
and developed nature of the site reduces the
likelihood of occurrence.

Robust spineflower Chorizanthe
robusta var.
robusta
US: FE
CA: –
CNPS: 1B.1

Annual herb occurring in cismontane
woodland, coastal dunes, and coastal scrub;
openings with sandy or gravelly soils between
3 and 300 m. Found in Alameda, San
Francisco, San Mateo, Santa Clara, and Santa
Cruz Counties.

April–
September
Not Expected. There are no records of
occurrence in the project vicinity and suitable
habitat is absent from both project sites. The
maintained and developed nature of the site
reduces the likelihood of occurrence.

9/1/22 (P:\CPZ2201 Salinas Wastewater Treatment\PRODUCTS\Bio\Attachment E Species Table.docx) E-3
Table E-1: Special-Status Plant Species Potentially Occurring in the Project Vicinity Common Name Scientific
Name Status General Habitat Description Flowering
Period Likelihood of Occurrence within the Project Sites Jolon clarkia Clarkia
jolonensis
US: –
CA: –
CNPS: 1B.2

Annual herb occurring in chaparral,
Cismontane woodland, and coastal scrub
between 20 and 660 m in elevation.

Monterey County.

April–June Not Expected. There are no records of
occurrence in the project vicinity and suitable
habitat is absent from both project sites. The
maintained and developed nature of the site
reduces the likelihood of occurrence.

San Francisco collinsia Collinsiamultic
olor
US: –
CA: –
CNPS: 1B.2

Annual herb occurring in closed-cone
coniferous forest and coastal scrub between
30 and 275 m in elevation. Found in Marin,
Monterey, San Francisco, San Mateo, Santa
Clara, and Santa Cruz Counties.

March-May Not Expected. There are no records of
occurrence in the project vicinity and suitable
habitat is absent from both project sites. The
maintained and developed nature of the site
reduces the likelihood of occurrence.

Seaside bird’s beak Cordylanthus
rigidus ssp.
littoralis
US: –
CA: CE
CNPS: 1B.1

Annual herb (hemiparasitic) occurring in
closed-cone coniferous forest, chaparral,
cismontane woodland, coastal dunes, and
coastal scrub with sandy soils. Often found in
disturbed areas between 0 and 425 m in
elevation. Monterey and Santa Barbara
Counites.

April–
October
Not Expected. There are five records of
occurrence in the project vicinity (CNDDB
1992,2012) and suitable habitat is absent from
both project sites. The maintained and developed
nature of the site reduces the likelihood of
occurrence.

Branching beach aster Corethrogynel
eucophylla
US: –
CA: –
CNPS: 3.2

Perennial herb occurring in closed-cone
coniferous forest and coastal dunes between
3 and 60 m in elevation. Monterey and
Ventura Counites.

May-
December
Not Expected. There are no records of
occurrence in the project vicinity and suitable
habitat is absent from both project sites. The
maintained and developed nature of the site
reduces the likelihood of occurrence.

Hospital Canyon
larkspur
Delphinium
californicum
ssp. interius
US: –
CA: –
CNPS: 1B.2

Perennial herb occurring in chaparral
(openings), cismontane woodland, and
coastal scrub between 195 and 1,095 m in
elevation. Northern California and Central
Valley Counties.

April-June Not Expected. There are no records of
occurrence in the project vicinity and suitable
habitat is absent from both project sites. The
maintained and developed nature of the site
reduces the likelihood of occurrence.

Hutchinson’s larkspur Delphinium
hutchinsoniae
US: –
CA: –
CNPS: 1B.2

Perennial herb occurring in broad-leafed
upland forest, chaparral, coastal prairie, and
coastal scrub between 0 and 400 m.

Monterey County.

March–
June
Not Expected. There is one record of occurrence
in the project vicinity (CNDDB 1962) and suitable
habitat is absent from both project sites. The
maintained and developed nature of the site
reduces the likelihood of occurrence.

Umbrella larkspur Delphiniumum
braculorum
US: –
CA: –
CNPS: 1B.3

Perennial herb occurring in cismontane
woodland and chaparral between 400 and
1,600 m in elevation. Found in Monterey, San
Luis Obispo, Santa Barbara, and Ventura
Counties.

9/1/22 (P:\CPZ2201 Salinas Wastewater Treatment\PRODUCTS\Bio\Attachment E Species Table.docx) E-4
Table E-1: Special-Status Plant Species Potentially Occurring in the Project Vicinity Common Name Scientific
Name Status General Habitat Description Flowering
Period Likelihood of Occurrence within the Project Sites Eastwood’s goldenbush Ericameria
fasciculata
US: –
CA: –
CNPS: 1B.1

Perennial evergreen shrub occurring in
closed-cone coniferous forest, chaparral,
coastal dunes, and coastal scrub; in openings
with sandy soil between 30 and 275 m in
elevation. Monterey County.

July–
October
Not Expected. There are five records of
occurrence in the project vicinity (CNDDB 1987,
1992, 1995, 2003, 2015) and suitable habitat is
absent from both project sites. The maintained
and developed nature of the site reduces the
likelihood of occurrence.

Pinnacles buckwheat Eriogonum
nortonii
US: –
CA: –
CNPS: 1B.1

Annual herb occurring in chaparral, valley and
foothill grassland, sandy, often on recent
burns between 300 and 975 m in elevation.

Monterey County.

May–June Not Expected. There is one record of occurrence in the project vicinity (CNDDB 2008) and suitable
habitat is absent from both project sites. The
maintained and developed nature of the site
reduces the likelihood of occurrence.

Sand-loving wallflower Erysimum
ammophilum
US: –
CA: –
CNPS: 1B.2

Perennial herb occurring in chaparral
(maritime), coastal dunes, coastal scrub,
sandy, openings between 0 and 60 m in
elevation. Found in Monterey, San Diego, San
Mateo, Santa Barbara, and Santa Cruz
Counties.

February-
June
Not Expected. There are six records of
occurrence in the project vicinity (CNDDB 1992,
2013, 2014, 2015) and suitable habitat is absent
from both project sites. The maintained and
developed nature of the site reduces the
likelihood of occurrence.

Menzie’s wallflower Erysimum
menziesii
US: FE
CA: CE
CNPS: 1B.1

Perennial herb occurring in coastal dunes
between 0 and 10 m in elevation. Found in
Humboldt, Monterey, and Mendocino
Counties.

May–
September
Not Expected. There are no records of
occurrence in the project vicinity and suitable
habitat is absent from both project sites. The
maintained and developed nature of the site
reduces the likelihood of occurrence.

Fragrant fritillary Fritillaria
liliacea
US: –
CA: –
CNPS: 1B.2

Perennial bulbiferous herb occurring in
cismontane woodland, coastal prairie, coastal
scrub, and valley/foothill grassland between 3
and 410 m in elevation. Northern California
Counties.

February-
April
Not Expected. There are no records of
occurrence in the project vicinity and suitable
habitat is absent from both project sites. The
maintained and developed nature of the site
reduces the likelihood of occurrence.

Monterey gilia Gilia tenuiflora
ssp. arenaria
US: FE
CA: CT
CNPS: 1B.2

Annual herb occurring in chaparral
(maritime), cismontane woodland, coastal
dunes, coastal scrub in openings with sandy
soil. Found in bare, wind-sheltered areas
often near the dune summit or in the hind
dunes between 0 and 45 m in elevation.

Monterey and Santa Cruz Counties.

April–June Not Expected. There are 13 records of
occurrence in the project vicinity with the most
recent from 2018. Suitable habitat is absent from
both project sites. The maintained and developed
nature of the site reduces the likelihood of
occurrence.

Santa Cruz tarplant Holocarpha
macradenia
US: –
CA: –
CNPS: 1B.1

Annual herb occurring in coastal prairie,
coastal scrub, and valley/foothill grassland
between 10 and 220 m in elevation.

June-
October
Not Expected. There are no records of
occurrence in the project vicinity and suitable
habitat is absent from both project sites. The

9/1/22 (P:\CPZ2201 Salinas Wastewater Treatment\PRODUCTS\Bio\Attachment E Species Table.docx) E-5
Table E-1: Special-Status Plant Species Potentially Occurring in the Project Vicinity Common Name Scientific
Name Status General Habitat Description Flowering
Period Likelihood of Occurrence within the Project Sites maintained and developed nature of the site
reduces the likelihood of occurrence.

Kellog’s horkelia Horkelia
cuneata ssp.
sericea
US: –
CA: –
CNPS: 1B.1

Perennial herb occurring in closed-cone
coniferous forest, chaparral, and coastal
scrub; in openings with sandy or gravelly soil
between 10 and 200 m in elevation. Northern
California Counties.

April–
September
Not Expected. There are 11 records of
occurrence in the project vicinity with the most
recent from 2012. Suitable habitat is absent from
both project sites. The maintained and developed
nature of the site reduces the likelihood of
occurrence.

Point Reyes horkelia Horkelia
marinensis
US: –
CA: –
CNPS: 1B.2

Perennial herb occurring in coastal prairie,
coastal dunes, and coastal scrub between 5
and 755 m in elevation. Found in Marin,
Monterey, Mendocino, San Mateo, Santa
Cruz, and Sonoma Counties.

May-
September
Not Expected. There is one record of occurrence
in the project vicinity (CNDDB 1968) and suitable
habitat is absent from both project sites. The
maintained and developed nature of the site
reduces the likelihood of occurrence.

Contra Costa goldfields Lasthenia
conjugens
US: FE
CA: –
CNPS: 1B.1

Annual herb occurring in playas (alkaline soil),
vernal pools within cismontane woodland,
and valley and foothill grassland between 1
and 60 m in elevation. Northern California
Counties.

March–
June
Not Expected. There are three records of
occurrence in the project vicinity (CNDDB 1998,
2009, 2016) and suitable habitat is absent from
both project sites. The maintained and developed
nature of the site reduces the likelihood of
occurrence.

Legenere Legenere
limosa
US: –
CA: –
CNPS: 1B.1

Annual herb occurring in vernal pools
between 1 and 880 m in elevation. Northern
California Counties.

April-June Not Expected. There is one record of occurrence in the project vicinity (CNDDB 2009) and suitable
habitat is absent from both project sites. The
maintained and developed nature of the site
reduces the likelihood of occurrence.

Woolly-headed
lessingia
Lessingia
hololeuca
US: –
CA: –
CNPS: 3

Annual herb occurring broad-leafed upland
forest coastal scrub, lower montane
coniferous forest, and valley/foothill
grassland between 15 and 305 m in elevation.

Northern California Counties.

June-
October
Not Expected. There are no records of
occurrence in the project vicinity and suitable
habitat is absent from both project sites. The
maintained and developed nature of the site
reduces the likelihood of occurrence.

Carmel Valley bush
mallow
Malacothamn
us palmeri var.
involucratus
US: –
CA: –
CNPS: 1B.2

Perennial deciduous shrub occurring in talus
hilltops and slopes in chaparral, cismontane
woodland, and coastal scrub; burn
dependent. Sometimes found on serpentine.
between 30 and 1,100 m in elevation.

Monterey County.

April–
October
Not Expected. There is one record of occurrence
in the project vicinity (CNDDB 1959) and suitable
habitat is absent from both project sites. The
maintained and developed nature of the site
reduces the likelihood of occurrence.

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Table E-1: Special-Status Plant Species Potentially Occurring in the Project Vicinity Common Name Scientific
Name Status General Habitat Description Flowering
Period Likelihood of Occurrence within the Project Sites Carmel Valley
malacothrix
Malocothrix
saxatilis var.
arachnoidea
US: –
CA: –
CNPS: 1B.2

Perennial rhizomatous herb occurring in
chaparral with rocky soil and chaparral
between 25 and 335 m in elevation. Found in
Monterey, San Benito, and Santa Barbara
Counties.

March–
December
Not Expected. There are no records of
occurrence in the project vicinity and suitable
habitat is absent from both project sites. The
maintained and developed nature of the site
reduces the likelihood of occurrence.

Oregon meconella Meconella
oregana
US: –
CA: –
CNPS: 1B.1

Annual herb occurring in coastal prairie and
coastal scrub between 250 and 620 m in
elevation. Found in Contra Costa, Monterey,
San Luis Obispo, and Santa Clara Counites
March-
April
Not Expected. There are three records of
occurrence in the project vicinity (CNDDB 2013,
2014 ) and suitable habitat is absent from both
project sites. The maintained and developed
nature of the site reduces the likelihood of
occurrence.

Mt. Diablo cottonweed Micropusamph
ibolus
US: –
CA: –
CNPS: 3.2

Annual herb occurring broad-leafed upland
forest, chaparral, cismontane woodland, and
valley/foothill grassland between 45 and 825
m in elevation. Found in Lake, Marin,
Monterey, Napa, San Joaquin, and Santa Cruz
Counties.

Marsh microseris Microseris
paludosa
US: –
CA: –
CNPS: 1B.2

Perennial herb occurring in closed-cone
forest, cismontane woodland, coastal scrub,
and valley and foothill grassland between 5
and 300 m in elevation. Northern California
Counties.

April–June Not Expected. There are two records of
occurrence in the project vicinity (CNDDB 2007,
2009 ) and suitable habitat is absent from both
project sites. The maintained and developed
nature of the site reduces the likelihood of
occurrence.

Northern curly-leaved
monardella
Monardella
sinuata ssp.
nigrescens
US: –
CA: –
CNPS: 1B.2

Annual herb occurring in chaparral, coastal
dunes, coastal scrub, and lower montane
coniferous forest between 0 and 300 m in
elevation. Found in Monterey, Marin, San
Francisco, and Santa Cruz Counties.

May- July Not Expected. There are three records of
occurrence in the project vicinity (CNDDB 1919,
2010, 2013 ) and suitable habitat is absent from
both project sites. The maintained and developed
nature of the site reduces the likelihood of
occurrence.

Woodland
woollythreads
Monolopia
gracilens
US: –
CA: –
CNPS: 1B.2

Annual herb occurring in broad-leafed upland
forest, chaparral, cismontane woodland,
north coast coniferous forest, and
valley/foothill grassland between 100 and
1,200 m in elevation. Northern California
Counites.

March-July Not Expected. There are no records of
occurrence in the project vicinity and suitable
habitat is absent from both project sites. The
maintained and developed nature of the site
reduces the likelihood of occurrence.

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Table E-1: Special-Status Plant Species Potentially Occurring in the Project Vicinity Common Name Scientific
Name Status General Habitat Description Flowering
Period Likelihood of Occurrence within the Project Sites Monterey pine Pinus radiata US: –
CA: –
CNPS: 1B.1

Perennial evergreen tree occurring in closed-
cone coniferous forest, cismontane
woodland; three primary stands native to
California between 25 and 185 m in elevation.

Found in Monterey, San Benito, San Luis
Obispo, San Mateo, and Santa Cruz Counites.

Not Expected. There are no records of
occurrence in the project vicinity and suitable
habitat is absent from both project sites. The
maintained and developed nature of the site
reduces the likelihood of occurrence.

Yadon’s rein orchid Piperia yadonii US: FE
CA: –
CNPS: 1B.1

Perennial herb occurring in coastal bluff
scrub, closed-cone coniferous forest, and
chaparral with sandy soil between 10 and 415
m in elevation. Monterey County.

May–
August
Not Expected. There are two records of
occurrence in the project vicinity (CNDDB 2003,
2014 ) and suitable habitat is absent from both
project sites. The maintained and developed
nature of the site reduces the likelihood of
occurrence.

Choris' popcornflower Plagiobothrys
chorisianus
var.
chorisianus
US: –
CA: –
CNPS: 1B.2

Annual herb occurring in chaparral, coastal
prairie, and coastal scrub between 3 and 160
m in elevation. Found in Alameda, Monterey,
San Francisco, San Mateo, Santa Clara, and
Santa Cruz Counites.

March-
June
Not Expected. There are two records of
occurrence in the project vicinity (CNDDB 2009)
and suitable habitat is absent from both project
sites. The maintained and developed nature of
the site reduces the likelihood of occurrence.

San Francisco
popcornflower
Plagiobothrysd
iffusus
US: –
CA: CE
CNPS: 1B.1

Annual herb occurring in coastal prairie and
valley/foothill grassland between 60 and 360
m in elevation. Found in Alameda, San
Francisco, San Mateo, San Benito, and Santa
Cruz Counites.

March-
June
Not Expected. There are no records of
occurrence in the project vicinity and suitable
habitat is absent from both project sites. The
maintained and developed nature of the site
reduces the likelihood of occurrence.

Pine rose Rosa
pinetorum
US: –
CA: –
CNPS: 1B.2

Perennial shrub occurring in closed-cone
coniferous forest and cismontane woodland
between 2 and 945 m in elevation. Monterey
and Santa Cruz Counties.

May-July Not Expected. There are no records of
occurrence in the project vicinity and suitable
habitat is absent from both project sites. The
maintained and developed nature of the site
reduces the likelihood of occurrence.

Santa Cruz microseris Stebbinsoseris
decipiens
US: –
CA: –
CNPS: 1B.2

Annual herb occurring in broad-leafed upland
forest, closed-cone coniferous forest,
chaparral, coastal prairie, coastal scrub and
valley and foothill grassland. Found in open
areas, sometimes in serpentine soil between
10 and 500 m in elevation. Found in Marin,
Monterey, San Francisco, San Mateo, and
Santa Cruz Counties.

April–May Not Expected. There are no records of
occurrence in the project vicinity and suitable
habitat is absent from both project sites. The
maintained and developed nature of the site
reduces the likelihood of occurrence.

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Table E-1: Special-Status Plant Species Potentially Occurring in the Project Vicinity Common Name Scientific
Name Status General Habitat Description Flowering
Period Likelihood of Occurrence within the Project Sites Santa Cruz clover Trifolium
buckwestioru
m
US: –
CA: –
CNPS: 1B.1

Annual herb occurring in moist grasslands in
broad-leafed upland forest, cismontane
woodland, and coastal prairie, in margins
between 105 and 610 m in elevation. Found
in Mendocino, Monterey, San Mateo, Santa
Clara, Santa Cruz, and Sonoma Counites.

April–
October
Not Expected. There are five records of
occurrence in the project vicinity (CNDDB 1998,
2010, 2016, 2017) and suitable habitat is absent
from both project sites. The maintained and
developed nature of the site reduces the
likelihood of occurrence.

Saline clover Trifolium
hydrophilum
US: –
CA: –
CNPS: 1B.2

Annual herb occurring in marshes, swamps,
vernal pools, and valley/foothill grassland
between 0 and 300 m in elevation. Northern
California Counties.

Pacific Grove clover Trifolium
polyodon
US: –
CA: SR
CNPS: 1B.1

Annual herb occurring in closed-cone
coniferous forest, coastal prairie, meadows
and seeps, and valley and foothill grassland;
in mesic soil between 5 and 120 m in
elevation. Found in Marin, Monterey, Santa
Cruz, and Sonoma Counties.

April–June Not Expected. There are three records of
occurrence in the project vicinity (CNDDB 2007,
2010) and suitable habitat is absent from both
project sites. The maintained and developed
nature of the site reduces the likelihood of
occurrence.
1 Project vicinity = Project sites plus a 5 mile buffer Status: Federal Endangered (FE), Federal Threatened (FT), Federal Candidate (FC), Federal Proposed (FP, FPE, FPT), Federal De listed (FD), California Endangered (CE), California Threatened (CT), California Species of Special Concern (SSC), California Fully Protected Species (CFP), California Special Plant (CSP), California Sp ecial Animal (CSA) California Native Plant Society Designations:
1B = Rare, threatened, or endangered in California and elsewhere 2B = Rare, threatened, or endangered in California, but not elsewhere

0.1 = seriously endangered

0.2 = fairly endangered
CA = California
CNPS = California Native Plant Society
ft = foot/feet
m = meter/meters
mi = mile/miles
US = United States

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Table E-2: Special-Status Animal Species Potentially Occurring or Known to Occur in the Project Vicinity Common Name Scientific Name Status Listing Habitat and Comments Likelihood of Occurrence within the Project Sites Insects
Obscure bumble
bee
Bombus
caliginosus
US: –
CA: CSA,
Candidate
Coastal areas from Santa Barbara County to north to
Washington state. Food plant genera include Baccharis,
Cirsium, Lupinus, Lotus, Grindelia, and Phacelia.

Not expected. There are no known historical records of
occurrence in the project vicinity 1 and suitable habitat is absent from both project sites. While the species may forage in the vicinity of the sites, none of the food plant genera were observed during the field survey.

Crotch bumble bee Bombus
crotchii
US: –
CA: CSA,
Candidate
Coastal California east to the Sierra-Cascade crest and south into Mexico. Food plant genera include
Antirrhinum, Phacelia, Clarkia, Dendromecon,
Eschscholzia, and Eriogonum.

Not expected. There are no known historical records of
occurrence in the project vicinity and suitable habitat is absent from both project sites. None of the food genera was observed during the field survey.

Western bumble
bee
Bombus
occidentalis
US: –
CA: CSA,
Candidate
Once common and widespread, species has declined
precipitously from central CA to southern British
Colombia.

Not Expected. There is one historical record of occurrence in the project vicinity (CNDDB 1904) and suitable habitat is absent from both project sites. The maintained and
developed nature of the site reduces the likelihood of
occurrence.

Globose dune
beetle
Coelus
globosus
US: –
CA: CSA
Inhabitant of coastal sand dune habitat; erratically
distributed from Ten Mile Creek in Mendocino County
south to Ensenada, Mexico. Inhabits foredunes and sand
hummocks; it burrows beneath the sand surface and is
most common beneath dune vegetation.

Not expected. There are no known historical records of
occurrence in the project vicinity. Coastal sand dune habitat is absent from both project sites.

Monarch -
California
overwintering
population
Danaus
plexippus
plexippus pop.
1 US: FC
CA: –
Winter roost sites extend along the coast from northern Mendocino to Baja California, Mexico. Roosts located in wind-protected tree groves (eucalyptus, Monterey pine,
cypress), with nectar and water sources nearby.

Not expected. There are no known historical records of
occurrence in the project vicinity. No roosting trees were observed within the project site.

Smith’s blue
butterfly
Euphilotes
enoptes smithi
US: FE
CA: –
Coastal dunes and sage scrub habitats in Monterey and
Santa Cruz Counties; Eriogonum latifolium and
Eriogonum parvifolium both larval and adult host plants.

Not Expected. There is one record of occurrence in the
project vicinity (CNDDB 1992). Coastal dunes and sage scrub habitat is absent from both project sites.

Crustaceans
California
linderiella
Linderiella
occidentalis
US: –
CA: CSA
Seasonal pools in unplowed grasslands with old alluvial soils underlain by hardpan or in sandstone depressions.

Water in the pools has very low alkalinity, conductivity, and total dissolved solids.

Not Expected. There are four records of occurrence in the project vicinity (CNDDB 1992, 1995). There are no suitable water bodies for this species in either project site. The maintained and developed nature of the site reduces the likelihood of occurrence.

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Table E-2: Special-Status Animal Species Potentially Occurring or Known to Occur in the Project Vicinity Common Name Scientific Name Status Listing Habitat and Comments Likelihood of Occurrence within the Project Sites Fish
Tidewater goby Eucyclogobius
newberryi
US: FE
CA: –
Brackish water habitats along the California coast from Agua Hedionda Lagoon, San Diego County to the mouth
of the Smith River. Found in shallow lagoons and lower
stream reaches, they need fairly still but not stagnant water and high oxygen levels.

Not expected. There are no known historical records of
occurrence in the project vicinity. No brackish water or lagoons are present in the project sites.

Monterey hitch Lavinia
exilicauda
harengus
US: –
CA: SSC
Monterey hitch are widely distributed in the Pajaro and Salinas river systems. Hitch are thought to occur in both San Antonio and Nacimiento reservoirs and in the river
stretches directly below them. Monterey hitch can
occupy a wide variety of habitats, although they are
most abundant in lowland areas with permanent water,
large pools or in small reservoirs that mimic such
conditions. Bottom substrates were mostly a mixture of
sand and gravel and the presence of cover (e.g. fallen
trees, overhanging bushes) are an important factor.

Spawning takes place after high flows have subsided,
typically May-June, but can extend into early August.

Not Expected. There is one record of occurrence in the
project vicinity (CNDDB 2008) and suitable habitat is absent from both project sites. No suitable aquatic habitat is present in either project site. The maintained and developed nature of the site reduces the likelihood of occurrence. Steelhead - south- central California
coast DPS
Oncorhynchus
mykiss irideus
pop. 9
US: FT
CA: –
Federal listing refers to runs in coastal basins from the Pajaro River south to, but not including, the Santa Maria River.

Not expected. There are no known historical records of
occurrence in the project vicinity. No suitable aquatic habitat is present in either project site.

Longfin smelt Spirinchus
thaleichthys
US: FC
CA: CT
Euryhaline, nektonic and anadromous. Found in open
waters of estuaries, mostly in middle or bottom of water column. Prefer salinities of 15-30 ppt, but can be found in completely freshwater to almost pure seawater.

Not expected. There are no known historical records of
occurrence in the project vicinity. No suitable aquatic habitat is present in either project site.

Amphibians
California tiger
salamander
Ambystoma
californiense
US: FT
CA: CT
Breeds in temporary pools (e.g., vernal pools) and ponds and occupies rodent burrows in grasslands, open valley
oak and coast live oak woodland, and grassland
chaparral mosaic. These salamanders migrate from their
underground retreats to breeding ponds during periods
of heavy winter rains.

Not Expected. There are 21 records of occurrence in the project vicinity. Suitable breeding and upland habitat is not present in either project site. The intensive disturbance from the agriculture and development reduces the likelihood of occurrence.

Santa Cruz long-
toted salamander
Ambystoma
macrodactylu
m croceum
US: FE
CA: CE, FP
Breeds in temporary pools and ponds and occupies
rodent burrows in oak woodland, chaparral and
grasslands during the dry season, also found under
surface litter such as fallen logs. Migration to breeding ponds occurs during nights with heavy rain from October to February, breeding occurs in January and February.

Not expected. There are no known historical records of
occurrence in the project vicinity. Suitable breeding or upland habitat is not present on or adjacent to either project site.

The project sites area also isolated from areas of occurrence by heavily traveled roadways and extensive agricultural landscapes.

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Table E-2: Special-Status Animal Species Potentially Occurring or Known to Occur in the Project Vicinity Common Name Scientific Name Status Listing Habitat and Comments Likelihood of Occurrence within the Project Sites Foothill yellow-
legged frog
Rana boylii US: –
CA: CE, SSC
Partly-shaded, shallow streams and riffles with a rocky substrate in a variety of habitats. Needs at least some cobble-sized substrate for egg-laying. Needs at least 15 weeks to attain metamorphosis.

Not expected. There are no known historical records of
occurrence in the project vicinity. No suitable aquatic habitat is present in either project site. The maintained and
developed nature of the site reduces the likelihood of
occurrence.

California
red-legged frog
Rana draytonii US: FT
CA: SSC
Lowlands and foothills; in or near permanent bodies of
water with dense, shrubby, or emergent vegetation.

Not Expected. There are two records of occurrence in the project vicinity (CNDDB 2004, 2009) and suitable habitat is absent from both project sites. The maintained and
developed nature of the site reduces the likelihood of
occurrence.

Western
spadefoot
Spea
hammondii
US: –
CA: SSC
Occurs primarily in grassland and other relatively open habitats. Found in elevations ranging from sea level to 4,500 ft. Requires temporary pools for breeding.

Not Expected. There is one historical record of occurrence in the project vicinity (CNDDB 1922). No suitable grassland or temporary pools are present in either project site.

Coast Range newt Taricha torosa US: –
CA: SSC
Coastal drainages from Mendocino County to San Diego
County. Lives in terrestrial habitats and will migrate over 1 km to breed in ponds, reservoirs and slow moving
streams.

Not Expected. There are no records of occurrence in the project vicinity and suitable habitat is absent from both project sites. No suitable aquatic habitat is present in either project site.

Reptiles
Northern
California legless
lizard
Anniella
pulchra
US: –
CA: SSC
Sandy soil, leaf litter/dunes, bush lupine and mock
heather are often dominant plants in suitable habitat
along the Central Coast. Moist soil and deep humus are
important habitat elements. This species is generally
absent from areas with extensive ground disturbance
from agricultural.

Not Expected. There are 15 records of occurrence in the project vicinity with the most recent from 2018. The soils are too dry and compact from longstanding agricultural practices as well maintenance/development of the IWTF project site.

Therefore, suitable habitat is absent from both project sites.

Western
pond turtle
Emys
marmorata
US: –
CA: SSC
Occurs in a wide variety of freshwater habitats with deep water, including slow flowing pools of rivers and
streams, ponds, and marshes. Prefers aquatic habitats
with a muddy or sand bottom, but also occurs in areas
with a rocky or cobble bottom. Generally most common
in areas with abundant basking habitat such as fallen
trees. Must have access to upland areas with friable soils for egg laying.

Not Expected. There are three records of occurrence in the project vicinity (CNDDB 1992, 2014, 2017) and suitable
habitat is absent from both project sites.

Coast horned
lizard
Phrynosoma
blainvillii
US: –
CA: SSC
Frequents a wide variety of habitats, most common in
lowlands along sandy washes with scattered low bushes.

Open areas for sunning, bushes for cover, patches of
loose soil for burial and abundant supply of ants and
other insects.

Not Expected. There are four records of occurrence in the project vicinity (CNDDB 1992, 1999, 2006) and suitable
habitat is absent from both project sites. The soils are too dry and compact within the IWTF project site and the Airport Lift

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Table E-2: Special-Status Animal Species Potentially Occurring or Known to Occur in the Project Vicinity Common Name Scientific Name Status Listing Habitat and Comments Likelihood of Occurrence within the Project Sites is all developed. Furthermore, no ant hills were observed within the project sites.

Two-striped garter
snake
Thamnophis
hammondii
US: –
CA: SSC
Coastal California from Salinas to northwest Baja,
California; sea level to 7,000-foot elevation. Found in and near permanent freshwater streams with rocky beds and
riparian growth.

Not expected. There are no known historical records of
occurrence in the project vicinity. Suitable aquatic habitat is absent from either project site. The maintained and
developed nature of the site reduces the likelihood of
occurrence.

Birds
Cooper’s hawk Accipiter
cooperii
US: –
CA: WL
Woodland, chiefly of open, interrupted or marginal type.

Nest sites mainly in riparian growths of deciduous trees, as in canyon bottoms on river flood-plains; also, live
oaks.

Low probability of foraging, nesting not expected. There are no known historical records of occurrence in the project vicinity. Marginal foraging habitat is present within the IWTF project site but lacks nesting habitat. No nesting or foraging habitat is present within the Airport Lift project site.

Tricolored
blackbird
Agelaius
tricolor
US: –
CA: CT
Highly colonial species, most numerous in Central Valley and vicinity. Largely endemic to California. Requires open water, protected nesting substrate, and foraging area
with insect prey within a few km of the colony.

Low probability of foraging, nesting not expected. There is one historical record of occurrence in the project vicinity (CNDDB 1936). This species generally nests in large colonies in extensive areas of cattail marsh or other suitable habitat. The area of cattails within the IWTF project site are too small to support a nesting colony. This species may forage in the vicinity of the project site. No suitable habitat is present in the Airport Lift project site.

Golden eagle Aquila
chrysaetos
US: –
CA: WL, FP
Rolling foothills, mountain areas, sage-juniper flats, and desert. Rolling foothills, mountain areas, sage-juniper flats, and desert.

Short-eared owl Asio flammeus US: –
CA: SSC
Found in swamp lands, both fresh and salt; lowland
meadows; irrigated alfalfa fields. Tule patches/tall grass needed for nesting/daytime seclusion. Nests on dry
ground in depression concealed in vegetation.

Low probability of foraging, nesting not expected. There are no known historical records of occurrence in the project vicinity. Marginal foraging habitat is present within the IWTP project site but lacks nesting habitat. No nesting or foraging habitat is present within the Airport Lift project site.

Burrowing owl Athene
cunicularia
US: –
CA: SSC
Open, dry annual grasslands; deserts and scrublands
with mammal burrows (e.g., grounds squirrels) for nest
sites and retreats.

Low probability of occurrence. There are five records of occurrence in the project vicinity (CNDDB 1997, 1999, 2004, 2007, 2017). No mammal burrows were observed within the IWTF project site making it unlikely nesting would occur.

Suitable foraging habitat is present and this species could occur occasionally in open agricultural areas as a transient during migration.

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Table E-2: Special-Status Animal Species Potentially Occurring or Known to Occur in the Project Vicinity Common Name Scientific Name Status Listing Habitat and Comments Likelihood of Occurrence within the Project Sites Ferruginous hawk Buteo regalis US: –
CA: WL
Tule patches/tall grass needed for nesting/daytime
seclusion. Nests on dry ground in depression concealed
in vegetation. Eats mostly lagomorphs, ground squirrels, and mice. Population trends may follow lagomorph
population cycles.

Low probability of foraging, nesting not expected. There is one record of occurrence in the project vicinity (CNDDB 2004) and suitable nesting habitat is absent from both project sites. Marginal foraging habitat is present within the IWTF project site.

Swainson's hawk Buteo
swainsoni
US: –
CA: CT
Breeds in grasslands with scattered trees, juniper-sage flats, riparian areas, savannahs, and agricultural or ranch lands with groves or lines of trees.

Requires adjacent
suitable foraging areas such as grasslands, or alfalfa or grain fields supporting rodent populations.

Low to moderate probability of foraging, nesting not
expected. There is one historical record of occurrence in the project vicinity (CNDDB 1915). Several eBird records
documented Swainson’s hawk foraging over the IWTF project site in 2008, 2011, and 2013. Suitable foraging habitat is present in the IWTF project site. Suitable nesting habitat is located outside of the IWFT project site within the riparian area along the Salinas River. No nesting or foraging habitat is present within the Airport Lift project site.

Western snowy
plover
Charadrius
alexandrines
nivosus
US: FT
CA: SSC
Sandy beaches, salt pond levees and shores of large
alkali lakes. Requires barren areas with sandy, gravelly or friable soils for nesting.

Not Expected. There is one record of occurrence in the project vicinity (CNDDB 1986). Suitable habitat is absent from both project sites. The maintained and developed nature of the site reduces the likelihood of occurrence.

Yellow rail Coturnicops
noveboracensis
US: –
CA: SSC
Summer resident in eastern Sierra Nevada in Mono
County. Freshwater marshlands.

Not Expected. There is one record of occurrence in the project vicinity (CNDDB 2014) and suitable habitat is absent from both project sites. The maintained and developed
nature of the site reduces the likelihood of occurrence.

White-tailed kite Elanus leucurus US: –
CA: WL, FP
Rolling foothills and valley margins with scattered oaks and river bottomlands or marshes next to deciduous
woodland. Open grasslands, meadows, or marshes for
foraging close to isolated, dense-topped trees for nesting and perching.

Moderate probability of foraging, nesting not expected.

There are no known CNDDB records of occurrence in the
project vicinity, although foraging has been documented at the IWTF (eBird 2022). Marginal foraging habitat is present within the IWTP project site due to the lack of an abundant prey base, and the site lacks suitable nesting habitat although nesting habitat is present nearby along the Salinas River. No nesting or foraging habitat is present within the Airport Lift project site.

California horned
lark
Eremophila
alpestris actia
US: –
CA: CSA, WL
Coastal regions, chiefly from Sonoma County to San
Diego County. Also main part of San Joaquin Valley and
east to foothills. Short-grass prairie, "bald" hills,
mountain meadows, open coastal plains, fallow grain
fields, alkali flats.

High probability of nesting and foraging. There are two records of occurrence in the project vicinity (CNDDB 1992, 2002) and several eBird records from August 2022. Suitable nesting and foraging habitat is present within the IWTP project site. No nesting or foraging habitat is present within the Airport Lift project site.

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Table E-2: Special-Status Animal Species Potentially Occurring or Known to Occur in the Project Vicinity Common Name Scientific Name Status Listing Habitat and Comments Likelihood of Occurrence within the Project Sites Prairie falcon Falco
mexicanus
US: –
CA: WL
Inhabits dry, open terrain, either level or hilly. Breeding sites located on cliffs. Forages far afield, even to
marshlands and ocean shores.

Low probability of foraging, nesting not expected. There are no known historical records of occurrence in the project vicinity. Marginal foraging habitat is present within the IWTP project site but lacks nesting habitat. No nesting or foraging habitat is present within the Airport Lift project site.

American
peregrine falcon
Falco
peregrinus
anatum
US: FD
CA: CD, FP
Near wetlands, lakes, rivers, or other water; on cliffs, banks, dunes, mounds; also, human-made structures.

Nest consists of a scrape or a depression or ledge in an open site.

Moderate probability of foraging, nesting not expected.

There are no known CNDDB records of occurrence in the
project vicinity, although foraging has been documented in the vicinity of the IWTF (eBird 2022). Marginal foraging habitat is present within the IWTF project site, but thee is no suitable nesting habitat. No nesting or foraging habitat is present within the Airport Lift project site.

California clapper
rail
Rallus
longirostris
obsoletus
US: FE
CA: CE, FP
Occurs in salt-water and brackish marshes traversed by
tidal slough. Associated with abundant growth of
pickleweed.

Not Expected. There are no known historical records of
occurrence in the project vicinity. This is a salt marsh species; no suitable habitat is present within either project site.

Bank swallow Riparia riparia US: –
CA: CT
Colonial nester; nests primarily in riparian and other
lowland habitats west of the desert. Requires vertical
banks/cliffs with fine-textured/sandy soils near streams, rivers, lakes, ocean to dig nesting hole.

High probability of foraging nesting not expected. There is one record of occurrence in the project vicinity (CNDDB 2012) and several eBird records documenting this species within the IWTF project site from 2015. Suitable foraging habitat is present within the IWTF project site. No nesting or foraging habitat is present within the Airport Lift project site.

Least Bell's vireo Vireo bellii
pusillus
US: FE
CA: CE
Summer resident of Southern California in low riparian in vicinity of water or in dry river bottoms; below 2000 ft.

Nests placed along margins of bushes or on twigs
projecting into pathways, usually willow, Baccharis,
mesquite.

Not Expected. There are no known historical records of
occurrence in the project vicinity or documented eBird
records. Suitable nesting habitat is absent from either project site.

Mammals
Pallid bat Antrozous
pallidus
US: –
CA: SSC
Deserts, grasslands, shrublands, woodlands and forests.

Most common in open, dry habitats with rocky areas for
roosting.

Roosts must protect bats from high
temperatures. Very sensitive to disturbance of roosting sites.

Roosting Not Expected. There are no known historical records of occurrence in the project vicinity. Suitable roosting habitat is absent within either project site.

Townsend’s big-
eared bat
Corynorhinus
townsendii
US: –
CA: SSC
Throughout California in a wide variety of habitats. Most common in mesic sites. Roosts in the open, hanging from walls and ceilings. Roosting sites limiting. Extremely
sensitive to human disturbance.

Roosting Not Expected. There is one record of occurrence in the project vicinity (CNDDB 2013) and suitable roosting habitat is absent within either project site.

9/1/22 (P:\CPZ2201 Salinas Wastewater Treatment\PRODUCTS\Bio\Attachment E Species Table.docx) E-15
Table E-2: Special-Status Animal Species Potentially Occurring or Known to Occur in the Project Vicinity Common Name Scientific Name Status Listing Habitat and Comments Likelihood of Occurrence within the Project Sites Hoary bat Lasiurus
cinereus
US: –
CA: CSA
Prefers open habitats or habitat mosaics, with access to trees for cover and open areas or habitat edges for
feeding. Roosts in dense foliage of medium to large
trees. Feeds primarily on moths. Requires water.

Roosting Not Expected. There are no known historical records of occurrence in the project vicinity. Suitable roosting habitat is absent within either project sites, but marginal foraging habitat is present within the IWTF project site.

Monterey big-
eared woodrat
Neotoma
macrotis
luciana
US: –
CA: SSC
Occupies coastal sage scrub, chaparral, oak woodlands,
and riparian woodlands.

Not Expected. There is one record of occurrence in the
project vicinity (CNDDB 2017) and suitable habitat is absent from both project sites. Coastal sage scrub, chaparral, oak woodlands, and riparian woodlands habitats are absent from the project sites.

Salinas harvest
mouse
Reithrodontom
ys megalotis
distichlis
US: –
CA: CSA
Known only from the Monterey Bay region. Occurs in
fresh and brackish water wetlands and probably in the
adjacent uplands around the mouth of the Salinas River.

Not Expected. There are two historical records of occurrence in the project vicinity (CNDDB 1936, 1937) and suitable habitat is absent from both project sites. The maintained and developed nature of the site reduces the likelihood of
occurrence.

Monterey shrew Sorex ornatus
salarius
US: –
CA: SSC
Riparian, wetland and upland areas in the vicinity of the Salinas River delta. Prefers moist microhabitats. Feeds on insects and other invertebrates found under logs, rocks and litter.

Not Expected. There are no known historical records of
occurrence in the project vicinity. Riparian, wetland and upland areas are absent from the project site.

American Badger Taxidea taxus US: –
CA: SSC
Open undeveloped country supporting grasslands, open
woodlands, deserts, and valleys with abundant
populations of prey (e.g., ground squirrels, pocket
gophers, voles)
Not Expected. There are four records of occurrence in the project vicinity (CNDDB 1992) and suitable habitat is absent from both project sites. The maintained and developed
nature of the site reduces the likelihood of occurrence. No burrows were observed during the field survey.

1 Project vicinity = Project area plus a 5 mile buffer
Status: Federal Endangered (FE), Federal Threatened (FT), Federal Candidate (FC), Federal Proposed (FP, FPE, FPT), Federal De listed (FD), California Endangered (CE), California Threatened (CT), California Species of Special Concern (SSC), California Fully Protected Species (CFP), California Special Animal (CSA), Watch List (W L) CA = California
ft = foot/feet
m = meter/meters
mi = mile/miles
US = United States

Salinas Industrial Wastewater Treatment Facility Improvements Project

MITIGATION MONITORING AND REPORTING PROGRAM

Mitigation
Number
Nature of
Mitigation
Result after
Mitigation
Party
Responsible for
Implementing

Party Responsible for
Monitoring: Method to
Confirm
Implementation
Timing for
Implementation

3.4.a.

Biological
Resources

Ground disturbance and vegetation
removal shall take place outside of the
active nesting bird season (i.e., January
1–August 31), when feasible, to avoid
impacts to nesting birds. Should project
activities (such as vegetation removal,
initial ground disturbance, or operation
of heavy equipment) be initiated during
the nesting bird season, a qualified
biologist shall conduct a nesting bird
survey no more than 30 days prior to
any ground disturbance or vegetation
removal to ensure that birds are not
engaged in active nesting within or
immediately adjacent to the Industrial
Wastewater Treatment Facility (IWTF)
project site. If nesting birds are
discovered during preconstruction
surveys, the biologist shall identify and
delineate an appropriate buffer
(depending on the circumstances and
specific bird species) where no clearing,
grading, or construction activities with
potential to have direct or indirect
impacts on the nesting birds are allowed
to take place until after the birds have
fledged from the nest, or the qualified
biologist has determined that the nest is
no longer active. If a nesting bird survey
is required, written results of the survey
b
y the biologist shall be submitted to the
Minimize
impacts to
nesting birds
during project
construction.

Project
Contractor;
Qualified Biologist
Public Works
Department – Review
survey results and
monitor buffers during
construction
Prior to the start of
construction and
throughout the
construction
period, if
construction
occurs during the
active nesting
season

Page 2 of 5 ends

Mitigation
Number
Nature of
Mitigation
Result after
Mitigation
Party
Responsible for
Implementing

Party Responsible for
Monitoring: Method to
Confirm
Implementation
Timing for
Implementation
City of Salinas (City) prior to the start of
ground- disturbing activities.

3.4.b.

Biological
Resources

Prior to the start of construction, the
Project Contractor shall clearly delineate
all construction areas and equipment
staging areas. The designated areas
shall be located in such a manner as to
prevent any loose soil or spill runoff from
entering the irrigation canal, the Salinas
River, or adjacent riparian vegetation
communities. All equipment
maintenance, staging, and dispensing of
fuel, oil, or any other such activities
used by the Project Contractor shall
occur in these designated staging areas.

Prior to the start of construction,
adequate erosion and sedimentation
barriers (e.g., silt fencing) shall be
installed around the perimeters of work
areas by the Project Contractor and
remain in place during project
construction to prevent any sediment or
debris from entering the adjacent
irrigation canal or Salinas River. For
work areas adjacent to the Salinas River
or irrigation canal, barriers shall consist
of a minimum 3-foot-tall silt fencing
buried to a depth of approximately 3–6
inches below the soil surface (or as
otherwise specified in a project-specific
erosion control or spill prevention plan).

These barriers shall be inspected by the
Pro
ject Contractor on a re gular basis,
Minimize
indirect
impacts to
riparian areas
and
jurisdictional
waters
Project Contractor Public Works
Department – Monitor
during construction
Prior to the start of
construction and
throughout the
construction
period

Page 3 of 5 ends

Mitigation
Number
Nature of
Mitigation
Result after
Mitigation
Party
Responsible for
Implementing

Party Responsible for
Monitoring: Method to
Confirm
Implementation
Timing for
Implementation
and maintained and repaired as
necessary to ensure that there are no
holes or tears that could entrap and
pose a hazard to wildlife.

3.4.c.

Biological
Resources

Any non-native plants removed during
the course of construction shall be
contained and properly disposed of off
site. All mulch, topsoil, seed mixes, or
other plantings used for erosion-control
shall be free of invasive plant species
seeds or propagules. No plant species
listed on the California Invasive Plant
Council (Cal-IPC) inventory shall be
installed in the project sites, and all
plant palettes proposed to be installed
on the project sites shall be reviewed
and approved b
y a qualified biologist..

Minimize
potential
indirect
impacts to
aquatic
resources
Project
Contractor;
Qualified Biologist
Public Works
Department – Monitor
during construction
During project
construction

3.5.b.

Cultural
Resources
An archaeologist (either an
archaeologist who meets the Secretary
of the Interior’s Professional
Qualifications Standards for Archeology
or an archaeologist supervised by such
an archaeologist) shall monitor all
ground-disturbing activities associated
with project implementation at the
Industrial Wastewater Treatment Facility
(IWTF) site. In the event that
archaeological resources are identified
during project activities at either the
IWTF site or Airport Lift Station site,
work shall be halted immediately within
50 feet of the find until a qualified
professional archaeologist can assess
the nature and si
gnificance of the find
Ensure
protection of
on-site cultural
resources
Project
Contractor;
Project
Archaeologist
Public Works
Department – Retain
qualified archaeologist
and monitor compliance
during construction
During project
construction.

Page 4 of 5 ends

Mitigation
Number
Nature of
Mitigation
Result after
Mitigation
Party
Responsible for
Implementing

Party Responsible for
Monitoring: Method to
Confirm
Implementation
Timing for
Implementation
and determine if any additional study or
treatment of the find is warranted. The
archaeologist shall then develop proper
mitigation measures required for the
discovery per California Code of
Regulations [CCR], Title 14, Chapter 3,
Section 15064.5(f)). Additional studies
could include, but would not be limited
to, collection and documentation of
artifacts, documentation of the cultural
resources on State of California
Department of Parks and Recreation
Series 523 forms, or subsurface testing.

Archaeological monitoring shall be
conducted until grading and excavation
are complete or until the monitoring
archaeologist determines, based on
field observations and in consultation
with the qualified archaeologist, that
there is little likelihood of encountering
archaeological cultural resources.

Archaeological monitoring may be
reduced from full-time to part-time or
spot-checking if determined appropriate
by the qualified archaeologist based on
monitoring results. Upon completion of
monitoring activities, the archaeologist
shall prepare a report to document the
methods and results of monitoring
activities. The final version of this report
shall be submitted to the Northwest
Information Center (NWIC) of the
California Historical Resources
Information S
ystem.

Page 5 of 5 ends

Mitigation
Number
Nature of
Mitigation
Result after
Mitigation
Party
Responsible for
Implementing

Party Responsible for
Monitoring: Method to
Confirm
Implementation
Timing for
Implementation

3.7. a, d
Geology/Soils
Prior to excavation and construction of
any proposed improvements, a design-
level geotechnical report shall be
prepared by a licensed professional and
submitted to the City of Salinas for
review and approval. The geotechnical
review shall specifically address
potential adverse geological conditions
at the site, including, but not limited to,
liquefaction and seismic shaking and
verify that the project plans incorporate
the current California Building Code
requirements and other applicable
design standards. All design measures,
recommendations, design criteria, and
specifications set forth in the design-
level geotechnical review shall be
implemented as a condition of project
approval.

Minimize on-
site seismic
impacts
Public Works
Department
Public Works
Department – Review
geotechnical report and
ensure measures are
incorporated into project
design
Plan submittal
stage

3.7. a, d
Geology/Soils
All construction shall meet the seismic
building standards required in the most
recent adopted edition of the California
Building Standards Code.

Minimize on-
site seismic
impacts
Public Works
Department
Public Works
Department – Review
project plans and
ensure seismic design
standards have been
incorporated
Plan submittal
stage
I:\ComDev\Planning\xDept Forms\Form Mitigation Monitoring Program.doc City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-663, Version: 1
Amendment No. 1 to Agreement Regarding Animal Control Services and Establishment of Joint Exercise Powers Agreement
Approve a Resolution approving Amendment No. 1 to Agreement regarding Animal Control Services; approving the Joint Exercise of Powers Agreement establishing the Hitchcock Road Animal Services Agency; and authorizing an appropriation(s) increase of up to $190,000 to accommodate the increased cost of the amended Animal Control Services Agreement.

City of Salinas Printed on 12/7/2022Page 1 of 1
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Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: DECEMBER 13, 2022
DEPARTMENT: ADMINISTRATION
FROM: STEVE CARRIGAN, CITY MANAGER

BY: JIM PIA, ASSISTANT CITY MANAGER

ROBERTO FILICE, CHIEF OF POLICE

TONYA ERICKSON, POLICE SERVICES ADMINISTRATOR
TITLE: AMENDMENT NO. 1 OF AGREMEENT REGARDING ANIMAL

CONTROL SERVICES AND ESTABLISHMENT OF JOINT

EXERCISE POWERS AGREEMENT

RECOMMENDED MOTION:

A motion to approve a Resolution to (1) approve Amendment No. 1 of Agreement between the City of Salinas and County of Monterey regarding Animal Control Services, (2) approve the Joint Exercise of Powers Agreement establishing the Hitchcock Road Animal Services Agency, and (3) authorize a n increase of up to $190,000 to the General Fund Animal Control Services appropriation(s) and use of General Fund fund balance to accommodate the increased cost of the amended Animal Control Services Administration Agreement.

RECOMMENDATION:

Staff recommends that City Council approve the attached Resolution.

BACKGROUND:

In the Fall of 2015, the County of Monterey and City of Salinas retained Management Partners to review the ongoing animal control services functions provided by Monterey Coun ty and the City of Salinas at separate locations in very close proximity to one another on Hitchcock Road.

Management Partners presented their findings to both the County Board of Supervisors and the City Council on June 28, 2016. At that time, the Coun ty and City agreed to establish an Animal Services Ad Hoc Committee. Appointed members included Supervisors John Phillips and Chris Lopez, and the City’s current members include Mayor Kimbley Craig, and Council Members Carla Gonzalez and Tony Barrera.

In November of 2017, the Salinas City Council and Monterey County Board of Supervisors approved an MOA for a shared Animal Services Administrator (Administrator) position to review Page | 2
options for consolidated animal services between the two entities. The position was filled in May 2018 and a joint effort on animal services operations began.

The Ad Hoc Committee agreed in October of 2019 to have staff explore the additional shared staffing services in the area of Animal Care and Veterinary Services. Discussions then took place with representatives of City and County staff and management and SEIU regarding feasibility and support for shared positions. All parties agreed to move forward, and on February 25, 2020 Amendment No. 2 was approved, thereby modifying the scope to include greater animal care and veterinary services, and adjusting the total funding of the pilot project. Amendment No. 3 was approved in July 2021, extending the terms of the prior Agreement to December 31, 2021. On Monday, November 15, 2021, members of the Ad Hoc Committee met again to discuss possible management options for the operations, including a review of a contract for services and the future possibility of a Joint Powers Agreement (JPA). The Ad Hoc Committee agreed that this Agreement would keep the shared animal services continuing while work on the JPA was completed. This JPA is now completed and attached to this report.

The MOA Amendment will:

1. Extend the term of the current MOA to June 30, 2023. This will allow the County to provide animal control services for both the City and County as we begin the Joint Powers Agreement; and

2. Allow the County to provide Animal Control services for the county as of January 1, 2023 via County-employed Animal Control Officer (ACO) positions. City-employed temporary employees will also transition to County positions; and

3. Obligate the City to pay a total cost of $700,093.04 to the County for six months of services.

This is approximately $190,000 more than previously budgeted , largely du e to the transition of positions.

The Joint Exercise of Powers Agreement will:

1. Establish the Hitchcock Road Animal Services Agency; and

2. Be initially composed of the City of Salinas and the County of Monterey as Member Agencies; and

3. Work to eliminate the duplication of efforts and inefficiencies for the Member Agencies; and Will be governed by a Board of Directors , which shall be called the Hitchcock Road Animal Services Agency Board.

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:

Approving the proposed resolution will support the City Council’s Strategic Plan Goals related to Effective and Culturally Responsive Government.

Page | 3
DEPARTMENTAL COORDINATION:

The Administration, Legal, Police, and Human Resources Departments coordinated with County staff and the Ad Hoc Committee on this effort.

FISCAL AND SUSTAINABILITY IMPACT:

By utilizing shared services, the City and County Animal Services operations can continue to consolidate and make effective use of resources. City and County staff, working with the Administrator and the Ad Hoc Committee, have put forth this proposed Joint Exercise of Powers Agreement that will serve Member Agencies in providing Animal Services. The MOA Amendment No. 1 will extend existing services as the City and County work to establish services under the Joint Exercise of Powers Agreement. The costs associated with the MOA Amendment are approximately $190,000 more than currently budgeted in the City’s Animal Services budget, thus requiring the authorization of an increase of up to $190,000 to the Animal Services appropriation (1000.40.4170) and use of General Fund fund balance to accommodate the increased cost of the amended Animal Control Services Administration agreement.

ATTACHMENTS:

Resolution
MOA Amendment No. 1
Joint Exercise of Powers Agreement
1 RESOLUTION NO. (N.C.S.)

RESOLUTION APPROVING AMENDMENT NO. 1 TO MEMORANDUM OF

AGREEMENT BETWEEN THE CITY OF SALINAS AND THE COUNTY OF

MONTEREY AND APPROVING THE JOINT EXERCISE OF POWERS AGREEMENT

ESTABLISHING THE HITCHCOCK ROAD ANIMAL SERVICES AGENCY
WHEREAS, the City of Salinas and the County of Monterey decided and approved on November 17, 2017, for mutually beneficial purposes and on a pilot program basis, to combine animal control services administration management under an employee of one agency i nstead of their respective agencies; and

WHEREAS, the Original MOA was later amended four times (April 2, 2019; February 25, 2020; July 1, 2021; and December 7, 2021) in order to, among other things, further define the roles and the responsibilities of the City and the County in their efforts to combine animal control management services and to extend the term of the Original MOA; and

WHEREAS, the City and County continue their efforts toward collaboratively providing animal control services and provide additional changes by way of this MOA Amendment No. 1 as well as the establishment of The Joint Exercise of Powers Agreement between initial Member Agencies, the City of Salinas and the County of Monterey.

NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized and directed for and on behalf of the City of Salinas to execute the MOA Amendment No. 1; and

BE IT FURTHER RESOLVED that the Mayor of Salinas is hereby authorized and directed for and on behalf of the City of Salinas to execute the Joint Powers Agreement between the County of Monterey and the City of Salinas; and

BE IT FURTHER RESOLVED that the Salinas City Council authorizes the increase of up to $190,000 to the General Fund Animal Control Services appropriation(s) and use of General Fund fund balance to accommodate the increased cost of the amended Animal Control Services agreement.

PASSED AND APPROVED this 13th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN: APPROVED:
______________________________
Kimbley Craig, Mayor

2 ATTEST:

_________________________
Patricia M. Barajas, City Clerk

AMENDMENT NO. 1
to the

REVISED AND RESTATED MEMORANDUM OF AGREEMENT
between

THE COUNTY OF MONTEREY
and

THE CITY OF SALINAS
regarding

ANIMAL CONTROL SERVICES ADMINISTRATION

This Amendment No. 1, effective January 1, 2023, to the Revised and Restated Memorandum of Agreement is made and entered into by and between the County of Monterey (“County”) and the City of Salinas (“City”), hereinafter collectively referred to as “Parties.” WHEREAS, the City and the County entered into the Agreement on January 1, 2022 for the purpose of continuing a program for the mutual benefit of the City and the County to combine animal control management services under one agency instead of their respective agencies; and

WHEREAS, The County seeks to employ certain positions for the City’s benefit beginning December of 2022 and the City agrees to pay the County the costs associated with those employments and, therefore, seeks to adjust the City’s payments to the County during the 2022 calendar year and beyond; and

WHEREAS, the Agreement is set to expire on December 31, 2022 and the City and the County are in agreement that an update and extension of that agreement is required as the final work is done for a formal Joint Powers Agency; and

WHEREAS, the City and the County are in agreement that they should continue operating combined animal control management services through an agreement for services while continuing to work on establishing a formal Joint Powers Agency; and

WHEREAS, this Amendment will:

1.Continue the shared staffing positions as set in the Scope of Services and add additional shared staffing positions, to be hired as soon as practically possible, including two Animal Control Officers, one Office Assistant II, one Animal Care Technician, and two part time Office Assistant Is.

2.Update costs through the duration of this amendment.

3.Extend the term of the Agreement to June 30, 2023.

NOW, THEREFORE, in mutual consideration of the covenants, terms, understandings, and conditions set further below, the Parties agree as follows:

1. Replace Item 2, “Term” to read as follows: “The term of this Agreement shall begin on January 1, 2022 and shall remain in effect for a total of eighteen (18) months, unless extended or shortened by mutual written agreement of the Parties. Either Party may terminate this Agreement at any time by providing 90 days advance written notice to the other Party.

2. Replace Item 3, “Payment” to read as follows: “The City agrees to pay, and the County agrees to accept, as full and fair consideration for the County’s performance of the Consolidated Services and costs associated with this Agreement, the following amounts:

January 1, 2022 through December 1, 2022 - not to exceed $694,00 January 1, 2023 through June 30, 2023 – not to exceed $700,093.04.

The County shall submit to the City an invoice, on a quarterly basis, that represents the County’s actual costs for providing the Consolidated Services, minus associated revenue collected on the City’s behalf . The invoice shall include any vendor or other shared costs for Consolidated Services. Any such invoices shall be in full accord with applicable provisions of this Agreement. The City shall make payment on such invoices within 30 days of receipt.”

3. Amend Exhibit A – Consolidated Services to add Item 9 to read:

9. Amended Shared Staffing beginning November 2022:

Animal Control Officer. The County will provide two Animal Control Officers (ACOs) to perform ACO related duties for the City. The ACOs will take general direction from the Animal Services Supervisor. The County/City shared staffing cost of this position will be County 0% and City 100% and shall be through the term of this Agreement.

Office Assistant II. The County will provide one Office Assistant II to perform clerical and office duties for consolidated services. The OA II will receive general direction from the Principled Office Assistant. The County/City shared staffing cost of this position will be County 0% and City 100% and shall be through the term of this Agreement.

Animal Care Technician. The County will provide one additional Animal Care Technician to perform animal care -related duties for consolidated services. The Animal Care Technician will take general direction from the Animal Services Supervisor. The County/City shared staffing cost of the position will be County 0% and City 100% and shall be through the terms of this Agreement.

Part time Office Assistant I: The County will provide two part time Office Assistant I positions to perform clerical and office duties for consolidated services. The OA I’s will receive general direction from the Principled Office Assistant. The County/City shared staffing cost of this position will be County 0% and City 100% and shall be through the term of this Agreement.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as set forth below:

____________________________ ___________________________ Elsa Jimenez, Director of Health Date

Approved as to Form

__________________________ ________________________
Deputy County Counsel Date

Approved as to Fiscal Provisions

__________________________________ ____________________________ Auditor-Controller Date

City of Salinas

__________________________ __________________________ Steven Carrigan Date
City Manager

Approved as to Form

__________________________ ________________________
Christopher A. Callihan Date
City Attorney

Page 1 of 22 ends

JOINT EXERCISE OF POWERS AGREEMENT
Establishing the
Hitchcock Road Animal Services Agency

THIS JOINT EXERCISE OF POWERS AGREEMENT (“Agreement”) establishing the Hitchcock Road Animal Services Agency (“Agency”) is made and entered into as of January 1, 2023 (“Effective Date”), by and among the public agencies listed on the attached Exhibit A (collectively referred to as “Member Agencies” and individually as “Member Agency”) for the joint purpose of providing care, shelter, and services to animals.

RECITALS
WHEREAS, California Government Code Title I, Chapter 5, Division 7 (commencing with Section 6500) authorizes the Member Agencies to enter into an agreement for the joint exercise of any power common to them, and by that agreement, to create an entity that is separate from each of the Member Agencies; and
WHEREAS, each of the Member Agencies possess the power to provide Animal Services (defined in Section 1.15), including animal field services and animal shelter services, within their respective Jurisdictional Area (defined in Section 1.16); and WHEREAS, the Member Agencies possess the authority to issue bonds, expend bond proceeds, borrow and loan money for certain public purposes, and handle finances within their Member Agencies pursuant to the California Government Code; and WHEREAS, this Agreement is an appropriate means through which the Member Agencies may provide Animal Services because the Jurisdictional Areas of the Member Agencies are in close proximity to one another and are amenable to being served by the Animal Services and related Joint Facilities (defined in Section 1.20) under common administration and management and with the same equipment, resources, and personnel; and WHEREAS, the Member Agencies desire to share their animal services expertise and to optimize their expenditures in connection with the provision of the Animal Services and related Joint Facilities; and
WHEREAS, the Member Agencies have the mutual goal to provide life-saving aid, care, shelter, and support services for animals and this Agreement is in the best interest of animal welfare, staff safety, and public safety; and
WHEREAS, the Member Agencies of Monterey County and the City of Salinas entered into an emergency Memorandum of Understanding due to California’s COVID-19 state of emergency in April 2020, and said Member Agencies have successfully combined and shared services and staffing temporarily; and
WHEREAS, the separate provision, management, and administration of the Animal Services and related Joint Facilities in each Jurisdictional Area by each of their respective

Page 2 of 22 ends

Member Agencies and use of separate facilities, resources, and personnel may result in duplication of efforts, inefficiencies in administration, and excessive costs; and WHEREAS, in the judgment of the Member Agencies, the duplication of efforts, inefficiencies, and excessive costs can be eliminated or substantially reduced, to the substantial advantage and benefit of the animals, residents and taxpayers of all of the Member Agencies, if the administration and management of the related Joint Facilities, employing common equipment, resources, and personnel, were to be performed by and through a single public entity and the creation of such a single public entity is the purpose of this Agreement; NOW, THEREFORE, for and in consideration of the facts stated above, the mutual advantages to be gained, and the mutual covenants contained herein, it is agreed by and among the Member Agencies hereto as follows:

ARTICLE I

DEFINITIONS
Section 1.1. Unless the context otherwise requires, the words and terms defined in this Article shall have the meanings specified.

Section 1.11. Act means Article 1, Article 2, Article 3, and Article 4 (commencing with Section 6500) of California Government Code, Title 1, Chapter 5, Division 7, as it may be amended from time to time.

Section 1.12. Administrative Costs means those costs associated with administration and management of the Animal Services as detailed in Exhibit B. Said costs shall include, but are not limited to, costs associated with the provision of administrative supervisory services, human resources services, financial services, and dispatching services.

Section 1.13. Agency means the Hitchcock Road Animal Services Agency.

Section 1.14. Agreement means this joint exercise of powers agreement as it now exists or as it may from time to time be amended, supplemented, or as it may be modified by the addition of signatory parties or by any other supplemental agreement or amendment entered into, pursuant to the provisions of this Agreement.

Section 1.15. Animal Services means those services set forth in Exhibit B, which is attached hereto and incorporated by reference.

Section 1.16. Area and Jurisdictional Area mean that area within the respective jurisdictions of the Member Agencies.

Section 1.17. Board of Directors means the governing board of the Agency referred to in Section 1.13 and more specifically, described in Section 2.6. Director means an individual member of the Board of Directors.

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Section 1.18. Executive Director means the employee of the Lead Agency who is directly responsible to the Board of Directors and who is primarily responsible for the managerial oversight of the operations for the Agency, as further described in Section

3.5. Section 1.19. Fiscal Year means the period from July 1st to and including June 30th of the following year.

Section 1.20. Joint Facilities means the Animal Services facilities, equipment, resources, and property to be owned, leased, managed, and operated by the Agency and, if necessary, any changes thereto.

Section 1.21. Lead Agency means the jurisdiction which is directly responsible to the Board of Directors and which is primarily responsible for the managerial oversight of the operation for the Agency, as further described in Section 3.5.

Section 1.22. Legislative Bodies means the governing bodies over each Member Agency, including but not limited to, City Councils and County of Monterey Board of Supervisors. Legislative Body means any such individual governing body.

Section 1.23. Major Policy Decisions means those issues that materially change either the levels of service or the budget.

Section 1.24. Member Agencies means all of the public agencies who are signatories to this Agreement, which, as of the initial Effective Date of this Agreement, is the City of Salinas and the County of Monterey. Member Agency means any such individual public entity.

Section 1.25. Operational Plan means a plan approved by the Board of Directors, which shall describe in detail the operation of the Agency. Said plan shall include: the anticipated cost of providing the services as described in Exhibit B; the area in which those services shall be provided; the level of service which shall be provided in each of those areas; the anticipated cost for operation and maintenance of the Joint Facilities; the process by which yearly budgets shall be established; the hours of operation; and any other operational, budgetary, and financial process which may be deemed to be necessary or appropriate by the Board of Directors.

Section 1.26. Quorum means the presence of over 50% of the Board of Directors.

Section 1.27. Rules of the Board means the bylaws, rules, regulations, or other directives of the Board of Directors for the conduct of its meetings and affairs as further described in Section 2.9.

ARTICLE II

GENERAL PROVISIONS
Section 2.1. Purpose. The purpose of this Agreement is to create the Hitchcock Road Animal Services Agency, which would allow the Member Agencies to exercise their joint powers to

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provide more efficient and economical Animal Services within the Area and would: 1) provide for the ownership, management, operation, and maintenance of the Joint Facilities; 2) implement the financing, acquisition, and construction of additions or improvements thereto, if needed; and 3) provide for the ownership, management, operations, and maintenance of any later acquired facilities or properties.

Section 2.2. Creation of Agency. Pursuant to the Act, there is hereby created a public entity to be known as the Hitchcock Road Animal Services Agency, or Agency, as defined in Section

1.13. The Agency, which shall administer this Agreement, is a public entity separate and apart from the Member Agencies. The debts, liabilities, and obligations of the Agency shall not constitute debts, liabilities, or obligations of any party of this Agreement.

Section 2.3. Member Agencies. The Agency shall be composed of the County of Monterey and the City of Salinas, initially. Any other jurisdiction not named as a party to this Agreement who later wishes to join the Agency, may do so if approved by a vote of three-fourths (3/4) or more, of the Board of Directors of the Agency. Said approval shall be conditioned upon the Joint Facility having sufficient capacity to accommodate the new participant’s needs, and the adoption of a resolution by the new jurisdiction’s governing body authorizing execution of an agreement that shall bind them to fully participate financially in the Agency. The new participants shall also be required to provide a “buy-in” contribution as set forth in Section 2.10.

Section 2.4. Term. This agreement shall become effective on the Effective Date and shall continue in effect thereafter unless terminated pursuant to Article IX.

Section 2.5. Transition Plan. Upon the Effective Date of this Agreement, the Members and the Agency will enter into or extend current service agreements, as applicable, for a Transition Period which will be from the Effective Date through June 30, 2023. The Transition Period may be extended by mutual written agreement of the governing bodies of the Members. The Transition Period is intended to provide the Agency with an opportunity to become fully organized and operational without compromising existing services provided to the Members.

Section 2.6. Governing Board. The Agency shall be governed by a Board of Directors and shall be called the Hitchcock Road Animal Services Agency Board. Each entity which is a Party to this Agreement shall have representation on the Board as follows:

1. Two members representing the County Board of Supervisors to include the Board of Supervisors and County Administrative Officer, or their designates.

2. Two members representing the City of Salinas to include the Salinas City Council and City Manager, or their designates.

Pursuant to Government Code section 6506, the Agency Board of Directors is designated as the administrator of this Agreement and of the Agency’s affairs and shall perform its duties and responsibilities in accordance with all provisions of this Agreement.

Section 2.6.1. All voting power of the Agency shall reside within the Board of Directors.

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Section 2.6.2. Each Legislative Body shall appoint alternate Directors for that Member Agency. The alternate Director may act as a Director in the absence of the Director appointed by that Legislative Body.

Section 2.6.3. All Directors and alternates shall serve four-year (4) terms but serve at the pleasure of the Member Agency that appoints them.

Section 2.6.4. All vacancies on the Board of Directors shall be filled by the respective Legislative Body within thirty (30) days of the effective date of the vacancy or as soon thereafter as the Legislative Body may legally act. Any Director or alternate Director shall cease to be a Director when such person ceases to hold the office or the position within the respective public entity that entitles that Director or alternate Director to a position on the Board of Directors.

Section 2.6.5. Board Committees. The Board may, from time to time, establish one or more standing or ad hoc committees consisting of Directors to assist in carrying out the purposes and objects of the Agency, including but not limited to, a Budget and Finance Committee, Planning Committee, and Executive Committee. The Board shall determine the purpose and need for such committees. Meetings of standing committees shall be subject to the requirements of the Brown Act.

Section 2.6.6. Advisory Committee. The Board shall establish an Advisory Committee that shall be designed to ensure participation and provide input to the Board of Directors from the communities represented within the JPA; additionally, the Advisory Committee may also provide professional guidance in areas not already supported by the Agency.

The Advisory Committee shall serve in an advisory role to the Board of Directors and will consist of nine (9) members and appointment to the Advisory Committee, and governance regarding the Advisory Committee, shall be addressed in the Board of Directors Advisory Committee bylaws.

Section 2.6.7. Bylaws of the Board. The Board shall adopt, and from time to time amend by vote, the Bylaws of the Board as necessary or helpful in order for the Board to foster, facilitate or achieve the purposes expressed within this Agreement. These Bylaws shall govern all proceedings of the Board.

Section 2.7. Meetings of the Board of Directors. All meetings of the Board of Directors shall be public meetings, governed by the Brown Act, unless a specified closed session is held in accordance with the California Government Code.

Section 2.7.1. Regular Meetings. The Board of Directors shall provide for regular meetings (a minimum of four (4) per year) at a date, time, and place fixed by the Bylaws of the Board.

Section 2.7.2. Special Meetings. Special meetings and emergency meetings of the Board of Directors may be called in accordance with the provision of Section 54956, et seq., of the California Government Code, as may be amended from time to time. Special

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Meetings may be called by two or more Directors representing two or more jurisdictions.

The meeting must be noticed in accordance with the Brown Act.

Section 2.8. Voting. All members of the Board will vote using weighted voting procedures based on the formula found in Exhibit C relating to the annual contributions to the Annual Budget pursuant to Section 6.3. The total percentage of operational funding for each Member Agency will be divided by the number of Directors representing that Member Agency to determine the percentage vote for each Director. A three-fourths (3/4) vote of the Board shall be required to approve the budget and Major Policy Decision, as defined in Section 1.23. Except as provided elsewhere in this Agreement, any action of the Board shall require a majority weighted vote of the Board.

Section 2.9. Conflict of Interest. The Agency Board shall adopt and thereafter maintain a conflict-of-interest code in compliance with applicable provisions of the Political Reform Act (Government Code Section 87300, et seq.) and the regulation adopted by the Fair Political Practices Commission (California Code of Regulations, Section 1870, et seq.).

Section 2.10. New Member Agencies. Subject to the requirements set forth in Section 2.3 above, it is the intent of the Member Agencies to provide, to the extent permitted by law, for the inclusion at a subsequent date of such additional public entities, organized and existing under the Constitution or laws of the State of California, of new parties to this Agreement and members of the Agency. A new Member Agency shall be required to make a “buy-in” contribution in an amount to be determined by a three-fourths (3/4) vote of the Board, and pay their share of annual operating costs and other expense pursuant to Section 6.3. For entities joining the Agency at any other date, other than the beginning of the Agency’s fiscal year, cash contributions for operating costs shall be prorated for the reminder of the fiscal year. New agencies who receive all Animal Services described in Exhibit B shall have two (2) members on the Board, and new agencies who receive fewer Animal Services shall have one (1) Board member.

ARTICLE III

ORGANIZATIONAL STRUCTURE
Section 3.1. Chairperson and Vice-Chairperson. The Board shall elect a Chairperson and a Vice Chairperson from amongst its members at its first meeting and thereafter, at the first regular meeting of the Board for each calendar year. In the event of the disqualification of permanent inability of the Chairperson to serve the remainder of their term, the Vice Chairperson shall assume the duties of the Chairperson and the Board of Directors shall elect a new Vice Chairperson for the reminder of the that term.

Section 3.1.1. The Chairperson shall be authorized to sign all resolutions of the Board of Directors and all contracts on behalf of the Agency and shall perform such other duties as may be imposed by the Board of Directors, consistent with the terms and provisions of this Agreement and the Bylaws of the Board.

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Section 3.1.2. The Vice Chairperson shall be authorized to act as the Chairperson, exercise all of the power of the Chairperson, and perform all of the duties of the Chairperson in the temporary absence of the Chairperson.

Section 3.2. Secretary. The Executive Director shall designate an employee of the Lead Agency to serve as Secretary to the Board of Directors, who shall perform such other duties as may be imposed upon the Secretary by the Board of Directors and cause a copy of this Agreement to be filed with the California Secretary of State and the State of California, pursuant to Section 6503.5 of the Act. Should an Executive Director of the JPA not be in place during the formation of the Board of Directors, the Administrator of the Monterey County Animal Services shall designate a staff member to serve as the interim Secretary.

Section 3.3. Treasurer. The Executive Director shall designate an employee of the Lead Agency to serve as Treasurer of the Agency. Should an Executive Director of the JPA not be in place during the formation of the Board of Directors, the Administrator of the Monterey County Animal Services shall designate a staff member to serve as the interim Treasurer.

Section 3.3.1. The Treasurer shall be the depository and shall have custody of all of the accounts, funds, and money of the agency from whatever source. The Treasurer shall have the duties and obligation set forth in Section 6505 and 6505.5 of the Act, and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursement of the Agency.

Section 3.3.2. The books and records of the Agency shall be open to inspection at reasonable times by representatives of the Member Agencies. The Treasurer shall, within ninety (90) days after the close of each fiscal year of within sixty (60) days after the termination of this Agreement, give a complete written report of all financial activities of the fiscal year to the parties thereto.

Section 3.3.3. The Treasurer shall, in accordance with Section 6505 and 6505.6 of the Act, cause the books of account and other financial records of the Agency to be audited annually by an independent public accountant or certified public accountant.

Section 3.4. Officers in Charge of the Property. Pursuant to Section 6505 of the California Government Code, the Treasurer shall oversee, handle, and have access to all accounts, funds, and money of the Agency and all records of the Agency relating to such accounts, funds, and money. The Secretary shall oversee, handle, and have access to all other records of the Agency.

The Executive Director, Animal Services Administrator or the supervisor of the Lead Agency in the absence of the Executive Director, shall oversee, manage, and have access to all physical property of the Agency.

Section 3.5. Management. The regular management of the operations and activities of the Agency shall be vested in the Executive Director, who shall be the Lead Agency’s Animal Services Administrator, unless another is approved by the Board of Directors. Unless otherwise provided by the Bylaws of the Board or resolution of the Board of Directors, the Executive Director shall have the following powers:

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Section 3.5.1. To oversee, manage, maintain, and operate a shelter facility and provide animal support services and animal control services, including, but not limited to, food and shelter, veterinary aid, spaying and neutering, and care to animals; County and city licensing; adoption services; ordinance enforcement; community engagement and education; volunteers; animal control services in the field within the respective cities and unincorporated county; impounding of animals; and such other activities and services as deemed necessary or appropriate for animal welfare and public safety, pursuant to California law;
Section 3.5.2. To provide for the planning, design, and construction of any improvements or changes to the Joint Facilities and/or the leasing or remodeling of any existing facilities, or any new facilities to be operated by the Agency, as authorized by the Board of Directors;
Section 3.5.3. Except as otherwise provided in Section 4.2, to execute any contracts for capital costs, costs of special services, equipment, materials, supplies, maintenance, or repair that involve an expenditure by the Agency within the limits and in accordance with procedures to be established by the Agency in the manner provided for local agencies pursuant to Article 7, commencing with Section 54201 of Chapter 5 of Part 1 of Division 2 of Title 5 of the California Government Code;
Section 3.5.4. To execute contracts in an amount up to a limit set by the Board of Directors;
Section 3.5.5. To appoint, employ, and manage all personnel required by the Agency for maintenance and operation of the Animal Services and the Joint Facilities, and all other employees authorized by the Agency’s budget and by the Board of Directors as either direct employees of the Agency, or if deemed necessary, as employees of the Member Agencies;
Section 3.5.6. To retain any consultants as authorized in the Agency’s budget and by the Board of Directors;
Section 3.5.7. Subject to approval of the Board of Directors, to appoint, employ, and manage all consultants and contractors required to be retained in connection with the design of any changes or improvements to the Joint Facilities or construction of new facilities;
Section 3.5.8. To expend funds of the Agency and enter into contracts whenever required or for the immediate preservation of the public peace, health, or safety, subject to the subsequent ratification of the Board of Directors;
Section 3.5.9. To dispose of any personal property of the Agency as may be provided in the Bylaws of the Board of Directors or otherwise authorized by the Board of Directors; Section 3.5.10. To approve and pay bills and expenses for the Agency of $50,000 or less, which are authorized in the Agency’s budget;

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Section 3.5.11. To prepare and submit to the Board of Directors in time for revision and adoption by the Agency prior to March 1st of each year, the annual preliminary budget for the next succeeding Fiscal year referred to in Section 6.1; Section 3.5.12. Generally, to supervise the acquisition, construction, management, maintenance, and operation of the Joint Facilities and personnel of the Agency; Section 3.5.13. To perform such other duties as directed by the Board of Directors and report to the Board of Directors at such times and on such matters as the Board of Directors may direct.

Section 3.6. Legal Advisor. The legal advisor of, and provider of legal advice and services to, the Agency, shall be an attorney retained by the Agency for this purpose. The Board of Directors shall choose the attorney to retain and may choose to retain the services of a private attorney; the Board may alternatively choose to retain the County Counsel’s office of Monterey County, or the City Attorney’s office of the City of Salinas, for this purpose.

Section 3.7. Other Services. The Board of Directors shall have the power to appoint and employ such consultants and independent contracts as may be necessary for the purposes of and pursuant to this Agreement.

Section 3.9. Indemnity and Insurance. The Agency shall defend, indemnify, and hold harmless each Member Agency to this Agreement and its respective Board of Director members, officers, agents and employees, from all claims, losses, damages, costs, injury, and liability arising out of the Agency’s performance of its obligations under this Agreement. The Executive Director shall obtain, and keep in place, policies of insurance with coverage and limits sufficient to protect the Agency and its Member Agencies from claims for damages arising from the activities of the Agency, its Board of Directors, officers, and employees. The policies of insurance described herein shall include, but shall not be limited to, coverage for automobile liability, comprehensive general liability, workers’ compensation, and excess liability. The Board of Directors shall, from time to time, set the appropriate levels of coverage and shall determine whether additional insurance coverage is appropriate. Each Member Agency shall be named as an “additional insured” on each policy of insurance.

ARTICLE IV

POWERS OF THE AGENCY

Section 4.1. General Powers. In the manner provided herein, the Agency shall exercise the powers common to each Member Agency as authorized by the laws of the California. As authorized by the act, the Agency shall be a public entity separate and distinct from the Member Agencies. The Agency shall have the power to finance, acquire, construct, manage, maintain, and operate the Joint Facilities. The Agency shall have all of the powers provided in Article 2 and Article 4 of the Act, unless specifically prohibited or restricted by the Agreement.

Section 4.2. Specific Powers. The Agency is hereby authorized to do all of the following:

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Section 4.2.1. Until such time that the Agency is fiscally able to hire an Executive Director and direct employees, Monterey County may serve as the Lead Agency.

Services shall include, but not be limited to, the hiring and management of staff; the construction, management, maintenance, and operation of the Joint Facility; and the provision of Animal Services as set for in Exhibit B. Any modification to Exhibit B requires a three-fourths (3/4) vote of the Board of Directors.

Section 4.2.2. To make and enter into agreements in the name of the Agency within the limitations established by the Agency budget;
Section 4.2.3. At such time that the Agency is fiscally able, to employ agents or employees;
Section 4.2.4. To acquire, construct, manage, maintain, operate, hold, and convey real and personal property, including leasehold interests;
Section 4.2.5. To incur debts, liabilities, and obligations subject to the provisions of this Agreement, provided that no debt, liability, or obligation shall constitute a debt, liability, or obligation of any Member Agency;
Section 4.2.6. To participate in joint projects and cooperate with other agencies, counties, and local public or nonprofit groups;
Section 4.2.7. To apply for and accept grants, loans, or contributions from any public or private agency or individual, or the United States, the State of California, or any department, instrumentality, or agency thereof, for the purpose of financing the activities of the Agency;
Section 4.2.8. To sue or be sued, in its own name, but not in the name of any Member Agency;
Section 4.2.9. To manage and invest, pursuant to Section 6505.5 of the Act, those funds not needed to fulfill the immediate needs of the Agency, as deemed advisable by the Agency in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the California Government Code;
Section 4.2.10. To carry out and enforce all provisions of this Agreement.

Section 4.3. Bonds. The Agency shall have all of the powers provided in Article 4 of the Act, including the power to issue bonds.

Section 4.4. Oversight of the Board of Directors by Member Agencies’ Legislative Bodies. The Agency shall have the responsibility of providing quarterly reports, in a format which will be determined by the Parties, and periodically attend Council or Board meetings as may be requested to provide information on the work of the Agency and to seek input.

ARTICLE V

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METHODS OF PROCEDURE

Section 5.1. Delegation of Powers. Each Member Agency hereby delegates to the Agency, the following powers: 1) the power to purchase, maintain, operate, and manage any Animal Services equipment, resources, and real property acquired by, or provided to, the Agency; and 2) the power to employ, contract for, or otherwise acquire the necessary personnel to fulfill the obligations of the Agency under the terms of this Agreement.

Section 5.2. Joint Maintenance and Operation Fund. The Board of Directors shall establish a joint interest-bearing maintenance and operation fund (hereinafter refer to as the “Operating Fund”), which the Agency shall use to pay all administrative and operation expenses of the Agency and the maintenance and operation costs of the Joint Facilities. Each of the Member Agencies shall pay into said Operating Fund, its proportionate amount of the annually budgeted maintenance and operation costs, computed in accordance with the provisions of Section 6.3 of this Agreement.

Section 5.3. Capital Acquisition, Improvement, and Replacement Fund. The Board of Directors may, at its discretion, create an interest-bearing capital acquisition and replacement fund (hereinafter referred to as the “Capital Fund”) which shall be used for any of the following purposes: 1) the acquisition and construction of additional or new Joint Facilities; 2) the improvement or replacement of any other capital improvement owned or controlled by the Agency; or 3) the acquisition or replacement of capital equipment and property of the Agency.

Each Member Agency shall annually pay into said Capital Fund, its proportionate share of capital costs.

ARTICLE VI
BUDGET: MAINTENANCE, OPERATIONAL, AND OTHER COSTS

Section 6.1. Annual Budget. Annually, the Board of Directors shall adopt a budget for maintenance and operation costs, capital costs, costs of special services, and debt service payments. The Board of Directors shall adopt a preliminary budget prior to March 1 of each year and shall adopt a final budget prior to June 30 of each year. The Agency shall operate only under an approved fiscal year budget and may not operate at a deficit.

Section 6.1.1. Prior to the Board of Directors adopting a final budget, each Member Agency shall approve and authorize the contribution of its proportional share of the total preliminary budget, as set forth in Section 6.3.

Section 6.2. Records and Accounts. The Agency shall keep detailed books of accounts, which shall set forth the capital costs; costs of special services and maintenance; operation costs of the Joint Facilities and the provision of the Animal Services; and all financial transactions of the Member Agencies relating to the Joint Facilities and the provisions of the Animal Services. The books of the accounts shall also include any costs, expenses, or charges paid, or to be paid by each of the Member Agencies, and shall be open to inspection, in accordance with the provisions of Section 3.3. of this Agreement.

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Section 6.3. Allocation of Costs and Expenses
Section 6.3.1. Annual Estimate. Prior to April 1 of each year, as a part of the preliminary budget, the Agency shall promptly furnish to each of the Member Agencies, an estimate of the total Annual Budget.

Section 6.3.2. Annual Budget. In establishing the Annual Budget and each Member’s proportional share thereof, the Board of Directors shall use a formula for distributing costs among the Members which may consider actual human population and workload statistics, including the number of animals received at any Joint Facility for the shelter portion of each Annual Budget and the number of field contacts made for the patrol portion of each Annual Budget. Prior to approval of the first Annual Budget for the Agency, the Board of Directors shall develop a formula to equitably distribute costs among the Members which shall require the unanimous approval of the Board of Directors. Once developed, the formula shall be reviewed by the Board of Directors every three (3) years. Modification to the formula shall require the unanimous approval of the Board of Directors. This formula shall constitute “Exhibit C” of this Agreement.

Revenue shall accrue to the Agency from: fines and impound fees, spay and neuter and adoption fees, pet licensing fees, boarding fees, and other fees taken in for operations and shall be credited to the Members’ share based on the proportionate share of the total costs.

Donations, both monetary and non-monetary shall be accepted by the Agency and shall be utilized by the Agency as approved by the Board of Directors.

Section 6.3.3. Insurance Costs. The premiums for the insurance policies described in Section 3.9 above, shall be apportioned annually among the Member Agencies using the percentages established above.

Section 6.3.4. Uninsured or Underinsured Claims. Costs associated with the claims not covered by insurance or which exceed the limits of any applicable policy of insurance, shall be apportioned between the Member Agencies using the percentages established above for the year in which the claim is filed. For purposes of this section, “costs” shall include all losses, costs, damages, fees, and expenses incurred during both the claim stage and during litigation, that arise out of or are related to any such claim or lawsuit (including but not limited to, general and special damages, litigation fees and expenses, travel expenses, pre-litigation fees, consultant fees, court costs, attorneys’ fees, mediator fees, discovery expenses, expert witness fees, and appeal costs and fees).

Section 6.4. Payment of Costs. Beginning on the Effective Date of this Agreement, and quarterly thereafter for each Fiscal Year, each Member Agency agrees to pay the Agency its proportional quarterly share of the total estimate annual costs and expenses as set forth in Section

6.3 above.

Section 6.4.1. Prior to January 1, and each year thereafter, a true-up calculation shall be performed wherein the actual expenditures incurred will be compared to the amounts paid

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by Member Agencies. Any overpayment shall be credited in a manner determined by the Board of Directors. The amount of any underpayment shall be added to the Member Agency’s January 1 payment.

Section 6.5. Sources of Funds. Each Member Agency shall have discretion to pay the amounts due and owed under the terms of this Agreement from any source legally available to that Member Agency for such purpose.

Section 6.6. Level of Services and Charges to Member Agencies. Each Member Agency may contract with the Agency for a level of service which is greater than that described in Exhibit B to this Agreement. Any Member Agency electing to receive a higher level of service shall pay the contribution set forth in Section 6.3 together with an additional amount, as established by the Board of Directors, which is sufficient to cover all additional costs incurred or encumbered by the Agency to the provision of those additional services. In no event shall any other Member Agency be required to bear the financial burden of any additional services provided in accordance with this provision.

Section 6.7. Animal Services to Other Agencies. The Agency may provide Animal Services to public agencies not a party to this Agreement, but only upon unanimous approval of the Board of Directors. Such Animal Services shall be by contract, executed by the Chair of the Board of Directors. The Board shall establish the amount of charge for the service, which shall be billed and paid quarterly. Charges will be set with the intent of recovering all operational, capital and maintenance costs expended by the Agency in providing the animal services to a particular agency, both annually and for prorated periods thereof.

Section 6.8. Budget Authority for Executive Director. Notwithstanding what is otherwise provided in Section 3.5, or elsewhere in this Agreement, the Executive Director may not exceed the personnel staffing authorized in the budget, either in number, position classification, or salary. In addition, the Executive Director may not alter the capital budget, utilize any reserve contingency, or increase the total amount of the approved expenditure without the prior approval of the Board of Directors. The Executive Director may recommend expenditures for approval separate from the budget process, in which case the approval of the Board of Directors is required prior to any actual expenditure. The Executive Director must seek authorization from the Board of Directors for budgetary transfers or adjustments above $10,000, as necessary.

ARTICLE VII

ENFORCEMENT

Section 7.1. Enforcement by Agency. The Agency is hereby authorized to take any and all legal or equitable actions on behalf of the Agency, including by not limited to, the seeking of an injunction or specific performance, as necessary or permitted by law, to enforce this Agreement.

ARTICLE VIII

WITHDRAWAL OF A MEMBER AGENCY

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Section 8.1. Continuation of Agreement. Notwithstanding the provisions of Section 9.1, each Member Agency agrees that the withdrawal of a Member Agency pursuant to the provision of this Agreement shall not result in the termination of this Agreement or otherwise affect the ability of the Board of Directors of the remaining Member Agencies to carry out and fulfill the purposes of this Agreement provided that two or more Member Agencies continue to participate.

If, however, the withdrawal results in only one Member Agency continuing to participate, this Agreement shall be deemed to be terminated by mutual agreement and the provisions of Article IX shall apply.

Section 8.2. Withdrawal. A Member Agency may withdraw from the Agency by providing written notice thereof to the Agency. The withdrawal shall become effective on the first day of the fiscal year which is at least six (6) months after service of the notice of withdrawal. Except as provided in Section 8.1. above, the Withdrawal shall in no way affect the rights or obligations of the remaining Member Agencies nor shall it relieve the withdrawing Member Agency of its obligation to pay any amounts due and owing under the terms of this Agreement. In the event that Bonds have been issued, the withdrawing Member Agency shall remain liable for the payment of its proportional share of those Bonds and any interest. Each Member Agency shall retain the right to use its proportionate share of the Joint Facility.

Section 8.3. Waiver of Distribution Upon Withdrawal. Subject to the limitations contained in Section 9.1 below, withdrawal from the Agency shall constitute a waiver of any right which that Member Agency may have to any of the Assets or Cash Reserves of the Agency. Any Member Agency which has withdrawn from the Agency shall likewise waive its right to the distribution of any of the Assets or Cash Reserves of the Agency occasioned by the subsequent dissolution of the Agency.

ARTICLE IX

TERMINATION OF THE AGREEMENT AND DISSOLUTION OF THE AGENCY

Section 9.1. Termination. By agreement approved by a vote of three-fourths (3/4) or more of the Board of Directors, the Member Agencies may mutually agree to terminate this Agreement and dissolve the Agency at any time. Upon termination of this Agreement, the debts and obligations of the Agency shall be divided between the Member Agencies based upon the percentages set forth in Section 9.3.

Section 9.2. Effective Date of Termination. The termination of this Agreement shall become effective on the first day of the fiscal year which is at least twelve (12) months after the notice of withdrawal under Section 8.1 or the submission of a written notice of termination submitted to the Board of Directors which has been approved by all of the Legislative Bodies of the current Member Agencies.

Section 9.3. Disposition of Assets. On the effective date of the termination, the Agency shall be dissolved, and each current Member Agency shall, within a reasonable time, receive its proportionate share of the assets of the Agency and contribute its proportionate or otherwise defined share toward the discharge of any enforceable liabilities incurred by the Agency as the same appear on the books of the Agency.

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Section 9.3.1. Upon the termination of this Agreement, any assets acquired by the Agency during the period of its existence, which are still on hand, and all unencumbered cash reserves (collectively, “Assets and Cash Reserves”) shall be distributed to the current Member Agencies in the following manner: The total amount of maintenance and operating costs paid by each current Member Agency into the Operating Fund during the entire existence of the Agency shall be added together and the percentage of which each Member Agency’s total is in relation to the whole, shall be determined. (For any Member Agency which has withdrawn prior to termination of the Agreement, the amounts paid by that Member Agency shall be equally divided among the current Member Agencies based upon the above percentage, based on appraised value of the assets as of the effective date of the termination.)
Section 9.3.2. The distribution of assets may be made in kind or assets may be sold and the proceeds thereof distributed to the Member Agencies after discharge of all enforceable liabilities.

Section 9.3.3. In the event the current Member Agencies cannot agree upon an appropriate distribution, the City Managers and County Administrative Officers of all current Member Agencies, or their respective designees, shall meet promptly for the purpose of developing a method for distributing the Assets and Cash Reserves among the current Member Agencies.

Section 9.4. Winding Up the Agency. Following dissolution, the Agency shall remain in existence for the sole purpose of winding up the Agency’s affairs, which shall include, but shall not be limited to, the distribution of the Assets and Cash Reserves and the closing out of business and accounts.

ARTICLE X

MISCELLANEOUS

Section 10.1. Section Headings. All section headings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing language in the section referred to or to define or limit the scope of any provision of this Agreement.

Section 10.2. Consent. Whenever in this Agreement consent or approval is required, the same shall not be unreasonably withheld.

Section 10.3. Law Governing. This Agreement is made under the provision of the California Constitution and laws of the State of California and shall be so construed.

Section 10.4. Amendments. This Agreement may be amended at any time, except as limited by Bond covenants, if any. All amendments to the Agreement must be in writing and must be approved by a three-fourths (3/4) vote of the Board of Directors and approved by the Legislative Bodies of the Member Agencies prior to becoming effective.

Section 10.5. Severability. In the event that any provision of this Agreement is determined to be illegal or invalid for any reason, all other provisions and articles of this Agreement shall remain

Page 16 of 22 ends

in full force and effect unless and until otherwise determined. The illegality of any provision of this Agreement shall in no way affect the legality and enforceability of any other provisions of this Agreement.

Section 10.6. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the respective Member Agencies. No Member Agency may assign any right or obligation hereunder without the express written consent of the other Member Agencies.

Section 10.7. Notice. Any notice required to be given or delivered by any provision of this Agreement shall be personally delivered or deposited in the U.S. mail, and shall be deemed to have been received by the party receiving the notice upon the earlier of receipt or 72 hours after mailing.

Section 10.7.1. The Parties may agree to e-mail service but up until the Parties come to this agreement, Section 10.7 prevails.

Section 10.8. Counterpart Execution. This Agreement, or any amendment to this Agreement, may be executed in counterparts, each of which shall be deemed to be an original and said counterparts shall constitute one in the same document which may be sufficiently evidenced by one counterpart.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first herein written above.
-Signatures on Following Pages-

Page 17 of 22 ends

Hitchcock Road Animal Services Agency
Signature Page

COUNTY OF MONTEREY: CITY OF SALINAS:

Chair or designee
Monterey County Board of Supervisors
Mayor
City of Salinas

Dated: Date:

Approved as to Form:

Office of the County Counsel City Attorney

___________________________________
City Clerk

Page 18 of 22 ends

Exhibit “A”
Member Agencies

The following public agencies, collectively referred to as “Member Agencies” and individually as “Member Agency” are noted as:

County of Monterey - Effective Date 1/1/2023
City of Salinas - Effective date 1/1/2023

Page 19 of 22 ends

Exhibit “B”
Animal Services

The term “Animal Services” in the Agreement to which this Exhibit “B” is attached means all the following services:

A. Field Services
Field Services means all the following services, including any vehicles, communications equipment, office supplies, field and administrative personnel, and any other personnel, supplies and equipment, reasonably required to perform the following services (the “Field Services”):
 Pick up of confined stray dogs.
 Pick up deceased animals, including wildlife when there is no other local agency providing the service.
 Pick up of injured, sick, or abandoned stray domestic animals including dogs, cats, and other small animals commonly kept as pets, without regard to weight, that are located on public property or readily accessible on private property with the permission of the property owner, occupant, or the property owner’s or occupants authorized agent.
 Respond to emergency calls such as animals requiring rescue, causing a public safety concern, or attacking people during business hours.  Investigating complaints of animal bites or attacks on humans, including the completion of a report that includes the interviewing of parties involved, quarantining animals which have bitten humans, preparing and transporting biting animal specimens for rabies testing, and investigating alleged violations of a quarantine.
 Investigating complaints of potentially dangerous and vicious dogs and provide administrative hearing as required.
 Responding to complaints of animals running at large, to exclude cats and wildlife.
 Responding to complaints of domestic animals causing a nuisance, including noise complaints, to include mailings, additional patrol, referral to a mediation program, and issuing of citations per jurisdictional based ordinance.
 Respond as staffing allows to police assist calls on animal related issues, which service may include taking control of an animal on the scene.  Investigate complaints regarding the lack of proper care, condition, or attention of domestic animals by their owners.
 Investigate compilations regarding exceeding the limit of the maximum number of animals as applicable per jurisdictional based ordinance.

Page 20 of 22 ends

 Investigate complaints regarding animal related unsanitary conditions as applicable per jurisdictional based ordinance.
 Provide responsible pet owner education as it relates to domestic animals.  When staffing allows, provide animal safety training for service workers (i.e., postal employees, meter readers, code enforcement).  Issue administrative and criminal citations as applicable per jurisdictional based ordinance.
 When staffing allows, participate in any related committees or teams as related to public safety.
 Provide an Animal Control Officer on duty for afterhours emergency on- call service for a minimum of 4 days each week when minimum staffing levels are met.

B. Shelter Services.

Shelter Services means all the following services, including shelter facilities, supplies, animal care staff, supervisors and administrative personnel, and any other personnel, supplies, and equipment reasonably required to perform the following services (the “Shelter Services”):
 Shelter of abandoned, impounded, lost or stray domestic animals brought to the shelter by a Member Agency, a Good Samaritan, or shelter personnel.
 Quarantine provision of biting domestic animals that cannot be quarantined at home.
 Provision for surrender and reclaim of abandoned, lost, or stray domestic animals during established business hours.
 Provide adoption program of animals not reclaimed by owners.  Support as able a shelter-neuter-return program and/or feral cat sterilization program for community feral cats.
 Whenever possible, provide live outcomes for healthy or treatable animals through return to owner, placement with rescue partners, or adoption.  Provide humane euthanasia and disposal of unhealthy, untreatable, or otherwise unadoptable domestic animals that fail to meet the health and temperament standards of the shelter.
 Provision for collecting unpaid fees from the public for services provided or rendered.

C. Veterinary Services
Veterinary Services means all the following services, including office facilities, supplies and professional and trained personnel necessary to perform the following services (the “Veterinary Services”) by staff or by contract:

Page 21 of 22 ends

 Provision of regular veterinary services by staff or through contracts to treat and provide regular veterinary care to dogs, cats and other impounded domestic animals as needed.
 Monitor quarantined animals that have bitten or designate staff to monitor animals.
 Operate spay/neuter clinic that includes periodic public opportunities for free or low cost spay/neuter for residents of jurisdictional areas.  Through contract, provision of afterhours emergency veterinary care for injured/sick domestic animals found within member jurisdictions.  Provide additional spay/neuter opportunities for community through related vendors as available and as approved
D. Animal Licensing Services
Animal Licensing Services means all the following services, including any vehicles, office facilities, supplies, equipment and personnel necessary to perform the following services (the “Animal Licensing Services”):
 Computerized animal licensing including up to delinquent notices on licensing renewals and online purchasing capabilities.
 Provide licenses at animal shelter during established business hours.  When able, provide staff/volunteers to include issuing licenses at vaccinations, spay/neuter clinics or other community events, as applicable.  Issue assistance animal identification tags to qualified residents as required by state law.

E. Volunteer and Community Outreach Services
Volunteer and Community Outreach Services means all the following services, including any vehicles, office facilities, supplies, equipment, and personnel necessary to perform the following services (the “Volunteer and Community Outreach Services”):
 Provide regular volunteer opportunities inside the shelter to help support and enrich both care for the animals and programs within the shelter.  Provide volunteer and community outreach opportunities outside in the community to includes offsite adoption events and participation with events held within member agencies.
 Hold community outreach, education, and fundraising events.

F. Other services that may be provided and for which a fee may be charged:
 Pick up owned animals.
 Impound owner surrendered animals.
 Provide humane cat traps to the public to capture sick, injured or nuisance domestic animals, including feral cats.

Page 22 of 22 ends

Exhibit “C”
Voting Formula

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-697, Version: 1
Minutes
Approve minutes of December 13, 2022.

City of Salinas Printed on 12/7/2022Page 1 of 1
powered by Legistar™
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-694, Version: 1
Financial Claims
Approve financial claims report.

City of Salinas Printed on 12/7/2022Page 1 of 1
powered by Legistar™
Number Date Status Payee Name Transaction Amount
462996 12/02/2022 Open Alco Water $16,151.47
462997 12/02/2022 Open Charles Schwab & Co., Inc $19,479.00 462998 12/06/2022 Open 2NDNATURE, LLC $76,738.73
462999 12/06/2022 Open Adele Frese $2,370.44
463000 12/06/2022 Open Alejandro Limon $141.00
463001 12/06/2022 Open Alexander Vallejo $420.00
463002 12/06/2022 Open Alfredo's Concrete 1, Inc. $2,500.00 463003 12/06/2022 Open Alhambra and Sierra Spring DS W aters of America LP $72.14 463004 12/06/2022 Open Alisal Center for the Fine Arts , Inc. $5,000.00 463005 12/06/2022 Open All Pets Hospital $186.39
463006 12/06/2022 Open All Safe Security Alarm $699.00
463007 12/06/2022 Open Amazon.Com $217.17
463008 12/06/2022 Open American Society of Civil Engin eers $340.00 463009 12/06/2022 Open American Supply Company $753.39
463010 12/06/2022 Open Ana Rueda De Vidales dba JAV La nguage Solutions $420.63 463011 12/06/2022 Open Andrew McLaughlin $100.00
463012 12/06/2022 Open Aramark Uniform & Career Appare l Group, Inc $1,290.46 463013 12/06/2022 Open Arrowhead Forensics $764.67
463014 12/06/2022 Open Asap Alisal Signs And Printing $15.84 463015 12/06/2022 Open Assured Aggregates Company Inc $5,883.92 463016 12/06/2022 Open Bank Of America N.A. dba Banc o f America Leasing a $279,747.00 463017 12/06/2022 Open Baron Augustine $2,370.44
463018 12/06/2022 Open Bear Electrical Solutions Inc $17,738.00 463019 12/06/2022 Open Bound Tree Medical $247.94
463020 12/06/2022 Open Brent DeBorde $100.00
463021 12/06/2022 Open Brett Godown $1,000.00
463022 12/06/2022 Open Brian Frus $180.00
463023 12/06/2022 Open BrightView Landscape Services, Inc $10,609.95 463024 12/06/2022 Open Bruce Bush $100.00
463025 12/06/2022 Open California Water Service $1,446.73 463026 12/06/2022 Open Candi Swinscoe $100.00
463027 12/06/2022 Open Canon Financial Services Inc $719.93 463028 12/06/2022 Open Canon Solutions America Inc $181.80 463029 12/06/2022 Open Canon Solutions America Inc $243.18 463030 12/06/2022 Open Carlons Fire Extinguishers Inc $101.88 463031 12/06/2022 Open Carollo Engineers, Inc $109,710.90 463032 12/06/2022 Open Casentini Street Apartments, Ll c $13,886.51 463033 12/06/2022 Open Cassie McSorley $100.00
463034 12/06/2022 Open Catholic Charities of the Dioce se of Monterey $3,382.15 463035 12/06/2022 Open CDW-G $3,217.71
463036 12/06/2022 Open Central Coast YMCA $14,121.00
City of Salinas
Payment Register
From Payment Date: 11/24/2022 - To Payment Date: 12/7/2022 General Account - General Account
Check
Pages: 1 of 7 Wednesday, December 7, 2022 user: Josephine Fernandez Number Date Status Payee Name Transaction Amount
City of Salinas
Payment Register
From Payment Date: 11/24/2022 - To Payment Date: 12/7/2022 General Account - General Account
Check
463037 12/06/2022 Open Chris Lane $2,199.00
463038 12/06/2022 Open Chris Swinscoe $100.00
463039 12/06/2022 Open Christopher Knapp $440.00
463040 12/06/2022 Open Cintas $2,933.41
463041 12/06/2022 Open Clark Pest Control $12,558.00
463042 12/06/2022 Open Coast Automotive Warehouse Inc $268.48 463043 12/06/2022 Open Colantuono, Highsmith & Whatley , PC $1,428.29 463044 12/06/2022 Open Comcast (Business) $54.07
463045 12/06/2022 Open Comcast (Business) $2,896.20
463046 12/06/2022 Open Community Homeless Solutions $53,586.83 463047 12/06/2022 Open CONCERN $21,347.92
463048 12/06/2022 Open Consolidated Electrical Distrib utors, Inc. $125.64 463049 12/06/2022 Open Cristina Schlough $2,433.18
463050 12/06/2022 Open CSC Of Salinas $1,022.64
463051 12/06/2022 Open CSG Consultants $4,482.00
463052 12/06/2022 Open Cybercore International $8,800.00 463053 12/06/2022 Open Dana Cornelison $100.00
463054 12/06/2022 Open Daniel David Green $100.00
463055 12/06/2022 Open Dave Shaw $100.00
463056 12/06/2022 Open David L Crabill $100.00
463057 12/06/2022 Open David Poulin $100.00
463058 12/06/2022 Open Department Of Justice $541.00
463059 12/06/2022 Open Department Of Pesticide Regulat ion $60.00 463060 12/06/2022 Open Discount School Supply $743.10
463061 12/06/2022 Open Don Chapin Inc $490.00
463062 12/06/2022 Open Downtown Streets, Inc $55,093.45 463063 12/06/2022 Open E2 Consulting Engineers, Inc $146,194.50 463064 12/06/2022 Open East Bay Tire Company $2,029.30
463065 12/06/2022 Open EBSCO Industries, Inc dba EBSCO , EBSCO Information $193.64 463066 12/06/2022 Open Economic & Planning Systems, In c. $16,247.72 463067 12/06/2022 Open Eda Herrera $1,871.68
463068 12/06/2022 Open Edges Electrical Group, LLC $235.30 463069 12/06/2022 Open Elani Trejo Petty Cash $76.37
463070 12/06/2022 Open Elizabeth Roberts $935.84
463071 12/06/2022 Open Environmental Systems, Inc of N orthern California $41,829.00 463072 12/06/2022 Open Ernesto Sanchez $100.00
463073 12/06/2022 Open ESO Solutions Inc $1,381.19
463074 12/06/2022 Open FarrWest Environmental Supply, Inc $1,020.00 463075 12/06/2022 Open Fed Ex $4.70
463076 12/06/2022 Open Ferguson US Hodings, Inc dba Fe rguson Enterprises $46.97 463077 12/06/2022 Open First Alarm Security & Patrol I nc dba An Allied Un $4,367.29 Pages: 2 of 7 Wednesday, December 7, 2022 user: Josephine Fernandez Number Date Status Payee Name Transaction Amount
City of Salinas
Payment Register
From Payment Date: 11/24/2022 - To Payment Date: 12/7/2022 General Account - General Account
Check
463078 12/06/2022 Open First Alarm Wellness A Family C ounseling Corporati $600.00 463079 12/06/2022 Open Gabriel Hernandez $100.00
463080 12/06/2022 Open Gleason's Salinas RV, Inc. $1,722.94 463081 12/06/2022 Open Golden State Emergency Vehicle Service Inc $1,464.85 463082 12/06/2022 Open Golden State Truck and Trailer Repair $3,517.61 463083 12/06/2022 Open Goldfarb and Lipman $818.00
463084 12/06/2022 Open Granite Construction Company $56,286.60 463085 12/06/2022 Open Granite Rock Co $1,978.11
463086 12/06/2022 Open Great West Equipment $198.55
463087 12/06/2022 Open Green Rubber Kennedy Ag $686.50
463088 12/06/2022 Open Haqiqat Kalirao $864.00
463089 12/06/2022 Open Harris and Associates $49,729.20 463090 12/06/2022 Open Hayden Parker $23.96
463091 12/06/2022 Open Heath Johnson $100.00
463092 12/06/2022 Open Hector Cortez $2,370.44
463093 12/06/2022 Open Heidi Niggemeyer $189.95
463094 12/06/2022 Open Henry Gomez $100.00
463095 12/06/2022 Open Hijos Del Sol $8,000.00
463096 12/06/2022 Open Home Depot Credit Services $7,537.64 463097 12/06/2022 Open Huseby, LLC dba Huseby Global L itigation $845.50 463098 12/06/2022 Open Hydro Turf $156.65
463099 12/06/2022 Open Industrial Machine Shop $3,761.40 463100 12/06/2022 Open Ingram Book Company $1,074.32
463101 12/06/2022 Open Interim Inc $137,248.66
463102 12/06/2022 Open Interstate Battery System Inc $1,596.67 463103 12/06/2022 Open Jacqueline Pacelli $100.00
463104 12/06/2022 Open James Knowlton $100.00
463105 12/06/2022 Open Jeff Gibson $100.00
463106 12/06/2022 Open Jensco Inc Dba J M Electric $2,000.00 463107 12/06/2022 Open Jesse Pinon $100.00
463108 12/06/2022 Open Jimmy Vanhove dba Precision K9 $17,300.00 463109 12/06/2022 Open Joaquin Vasquez Dba Rose Backfl ow Services $5,585.10 463110 12/06/2022 Open John Wider $100.00
463111 12/06/2022 Open Johnson Associates $242.75
463112 12/06/2022 Open Jonathan Barnes $100.00
463113 12/06/2022 Open Joseph Albertoni $1,953.91
463114 12/06/2022 Open Kanco Inc. / Mighty Auto Parts $13.66 463115 12/06/2022 Open Keith Emery $2,199.00
463116 12/06/2022 Open Kevin Skinner $300.00
463117 12/06/2022 Open Kimley Horn And Assoc Inc $90,619.10 463118 12/06/2022 Open L.N. Curtis & Sons $3,767.09
Pages: 3 of 7 Wednesday, December 7, 2022 user: Josephine Fernandez Number Date Status Payee Name Transaction Amount
City of Salinas
Payment Register
From Payment Date: 11/24/2022 - To Payment Date: 12/7/2022 General Account - General Account
Check
463119 12/06/2022 Open Lance Miraco $100.00
463120 12/06/2022 Open Law Enforcement Psychological S ervices $900.00 463121 12/06/2022 Open Law Offices of Roy C Gunter III $1,824.25 463122 12/06/2022 Open LAZ KARP Associates, LLC $107,616.24 463123 12/06/2022 Open Liebert Cassidy Whitmore $5,436.50 463124 12/06/2022 Open Life Assist $600.00
463125 12/06/2022 Open Linda Knowles $935.84
463126 12/06/2022 Open Luis Bravo $500.00
463127 12/06/2022 Open Mackay Motor Parts, Inc dba Nap a Auto Parts $1,198.85 463128 12/06/2022 Open Mark Freedman $100.00
463129 12/06/2022 Open Mark43, Inc. $224,920.00
463130 12/06/2022 Open Martin Persijn $100.00
463131 12/06/2022 Open Mary Ellison $1,639.65
463132 12/06/2022 Open Matthew Maldonado $2,370.44
463133 12/06/2022 Open MCSI Water Systems Management $434.25 463134 12/06/2022 Open Michael Groves $100.00
463135 12/06/2022 Open Michele Lea Vaughn $2,223.00
463136 12/06/2022 Open Midwest Tape, LLC dba Midwest T ape $558.64 463137 12/06/2022 Open Mobile Audio and Cellular $80.00 463138 12/06/2022 Open Monterey County Fire Training O fficers Association $1,150.00 463139 12/06/2022 Open Monterey County Weekly $135.00
463140 12/06/2022 Open Motorola Solutions, Inc $940.28
463141 12/06/2022 Open My Chevrolet $55,374.88
463142 12/06/2022 Open New Image Landscape Company $150.00 463143 12/06/2022 Open Office Depot Business Service D ivision $3,238.90 463144 12/06/2022 Open One Workplace L Ferrari, LLC db a Peninsula Busines $2,287.69 463145 12/06/2022 Open Online Web Services US, Inc $4,603.00 463146 12/06/2022 Open Owen Equipment Sales $273.55
463147 12/06/2022 Open Pacific Gas and Electric Compan y $4,480.09 463148 12/06/2022 Open Pacific Gas and Electric Compan y $16,935.66 463149 12/06/2022 Open Pacific Gas and Electric Compan y $669.81 463150 12/06/2022 Open Pacific Gas and Electric Compan y $725.37 463151 12/06/2022 Open Pacific Water Resources $11,478.19 463152 12/06/2022 Open Petsmart $327.68
463153 12/06/2022 Open Pinnacle Medical Group Inc dba Pinnacle Healthcare $235.00 463154 12/06/2022 Open PNC Equipment Finance, LLC $28,902.59 463155 12/06/2022 Open Proquest $4,141.20
463156 12/06/2022 Open Protel Communications, Inc dba Protelesis Corporat $290.10 463157 12/06/2022 Open Quality Water Enterprises $410.13 463158 12/06/2022 Open Quinn Company $1,165.03
463159 12/06/2022 Open Quinn Rental Services $3,208.65
Pages: 4 of 7 Wednesday, December 7, 2022 user: Josephine Fernandez Number Date Status Payee Name Transaction Amount
City of Salinas
Payment Register
From Payment Date: 11/24/2022 - To Payment Date: 12/7/2022 General Account - General Account
Check
463160 12/06/2022 Open R3 Consulting Group, Inc. $2,402.50 463161 12/06/2022 Open Railroad Management Company LLC $1,255.38 463162 12/06/2022 Open Ramundsen Superior Holdings, LL C dba Superion LLC $48,205.57 463163 12/06/2022 Open Regional Government Services $711.60 463164 12/06/2022 Open Reliance Foundry Co Ltd. $11,560.00 463165 12/06/2022 Open Republic Services of Salinas $1,604.16 463166 12/06/2022 Open Rhythm Engineering, LLC $19,665.00 463167 12/06/2022 Open Richard Maldonado $100.00
463168 12/06/2022 Open Ricky Williams $100.00
463169 12/06/2022 Open Robert Cox $425.00
463170 12/06/2022 Open Robert Flynn $300.00
463171 12/06/2022 Open Robert Half International, Inc dba Accountemps, Of $9,500.00 463172 12/06/2022 Open Russell Auria Pest Control Serv ices $290.00 463173 12/06/2022 Open Ruth Maria Milla-Leon dba Ander sen's Lock & Safe $6,525.64 463174 12/06/2022 Open Ryan Macoubrie $81.50
463175 12/06/2022 Open Salinas Californian $480.78
463176 12/06/2022 Open Salinas Toyota $35,643.44
463177 12/06/2022 Open Salinas Toyota $35,322.25
463178 12/06/2022 Open Same Day Shred $90.00
463179 12/06/2022 Open San Lorenzo Lumber $200.71
463180 12/06/2022 Open Savant Solutions, Inc $29,950.00 463181 12/06/2022 Open Scott Myhre $100.00
463182 12/06/2022 Open Scott Tyler $100.00
463183 12/06/2022 Open Serological Research Institute $4,625.00 463184 12/06/2022 Open Shawn Miguel Russell dba Russel l Investigations $5,052.26 463185 12/06/2022 Open Sheldon Bryan $100.00
463186 12/06/2022 Open ShotSpotter, Inc. $477,750.00
463187 12/06/2022 Open Simon Jimenez $100.00
463188 12/06/2022 Open Smith and Enright Landscaping $74,562.53 463189 12/06/2022 Open Stanley Cooper $100.00
463190 12/06/2022 Open State Water Resource Control Bo ard $150.00 463191 12/06/2022 Open Stephanie Morales-Bravo Petty C ash Custodian $50.01 463192 12/06/2022 Open Stommel Inc dba Lehr $177,830.09 463193 12/06/2022 Open Sturdy Oil Company $3,257.73
463194 12/06/2022 Open Suthided Livingston $100.00
463195 12/06/2022 Open Suzanne Cottle-Gavalla $100.00
463196 12/06/2022 Open Sylvia Garcia $935.84
463197 12/06/2022 Open Target Pest Control $995.00
463198 12/06/2022 Open Ted Koch $100.00
463199 12/06/2022 Open Terry Gerhardstein $100.00
463200 12/06/2022 Open The Bank Of New York Mellon $500.00 Pages: 5 of 7 Wednesday, December 7, 2022 user: Josephine Fernandez Number Date Status Payee Name Transaction Amount
City of Salinas
Payment Register
From Payment Date: 11/24/2022 - To Payment Date: 12/7/2022 General Account - General Account
Check
463201 12/06/2022 Open The Collins Group dba CollinsFl ags.com $717.75 463202 12/06/2022 Open Todd Hearnsberger dba TH Electr ic $8,682.59 463203 12/06/2022 Open Todd Swinscoe $100.00
463204 12/06/2022 Open Tri County Concrete and Supply, Inc $1,600.51 463205 12/06/2022 Open Tri County Fire Protection $416.00 463206 12/06/2022 Open Trowbridge Enterprises dba Pala ce Art and Office S $52.37 463207 12/06/2022 Open U.S. Bank National Association ND $13,682.96 463208 12/06/2022 Open United Parcel Service $99.80
463209 12/06/2022 Open United Site Services $383.81
463210 12/06/2022 Open University Corporation at Monte rey Bay $28,922.10 463211 12/06/2022 Open V & S Auto Care, Inc. dba One S top Auto Care $175.25 463212 12/06/2022 Open Valley Fabrication Inc $324.00
463213 12/06/2022 Open Valley Saw Shop $163.84
463214 12/06/2022 Open Valley Trophies and Detectors $557.72 463215 12/06/2022 Open Vals Plumbing and Heating Inc $2,460.85 463216 12/06/2022 Open Veritiv Operating Company Forme rly xpedx $1,590.42 463217 12/06/2022 Open Verizon Wireless $38.01
463218 12/06/2022 Open Verizon Wireless $437.50
463219 12/06/2022 Open Verizon Wireless $3,026.18
463220 12/06/2022 Open Verizon Wireless $354.98
463221 12/06/2022 Open Verizon Wireless $2,638.92
463222 12/06/2022 Open Vijay J Patel $9,000.00
463223 12/06/2022 Open Vision Service Plan $287.84
463224 12/06/2022 Open W W Grainger Inc $1,180.12
463225 12/06/2022 Open W&M Marketing Group Inc dba B-I mpressed Branding $389.04 463226 12/06/2022 Open Wallace Group A California Corp oration $53,595.76 463227 12/06/2022 Open Walmart c/o Capitol One $411.68 463228 12/06/2022 Open Wayne Vance $100.00
463229 12/06/2022 Open WCAF, LLC dba Watsonville Ford $255.84 463230 12/06/2022 Open WCDJR LLC dba Watsonville Chrys ler Dodge Jeep Ram $126.73 463231 12/06/2022 Open Westnet, Inc. $9,972.73
463232 12/06/2022 Open ZAP Manufacturing Inc $6,996.71
463233 12/06/2022 Open Salinas City Elementary School District $644.61 463234 12/06/2022 Open Anthony Avila $242.00
463235 12/06/2022 Open Brett Godown $226.25
463236 12/06/2022 Open Cameron Lane $242.00
463237 12/06/2022 Open Earl Paisant $226.25
463238 12/06/2022 Open Hilda Peralta $379.13
463239 12/06/2022 Open Kayshla Lopez $298.88
463240 12/06/2022 Open Luis Ochoa $880.33
463241 12/06/2022 Open Maria Cambron $403.13
Pages: 6 of 7 Wednesday, December 7, 2022 user: Josephine Fernandez Number Date Status Payee Name Transaction Amount
City of Salinas
Payment Register
From Payment Date: 11/24/2022 - To Payment Date: 12/7/2022 General Account - General Account
Check
463242 12/06/2022 Open Roberto Filice $45.07
463243 12/06/2022 Open National Community Development Association $500.00 463244 12/06/2022 Open National Community Development Association $500.00 463245 12/06/2022 Open National Community Development Association $500.00 463246 12/06/2022 Open Water Education for Latino Lead ers $2,500.00 $2,987,150.35 Type Check Totals:

General Account - General Account Totals
Pages: 7 of 7 Wednesday, December 7, 2022 user: Josephine Fernandez City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-649, Version: 1
MST Bus Pads Installation and E. Alvin Dr Curb & Gutter, CIP 9720 Approve a Resolution to accept the MST Bus Pads Installation and E Alvin Dr Curb & Gutter Repair; COS- 2022-9720-01 under CIP 9720, On-Call Job Order Contract for Sidewalk Improvements, for maintenance and responsibility.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: December 13, 2022
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, P.E., L.S., PUBLIC WORKS DIRECTOR BY: ELISE RAMIREZ, P.E., SENIOR CIVIL ENGINEER

JONATHAN ESTEBAN, ASSISTANT ENGINEER
TITLE: ACCEPTANCE OF THE MST BUS PADS INSTALLATION AND E ALVIN DR CURB & GUTTER REPAIR; COS-2022-9720-01 JOB

ORDER COMPLETED UNDER THE ON-CALL JOB ORDER
CONTRACT FOR SIDEWALK IMPROVEMENTS; CIP 9720

RECOMMENDED MOTION:

A motion to approve a Resolution to accept the MST Bus Pads Installation and E Alvin Dr Curb & Gutter Repair; COS-2022-9720-01 under CIP 9720, On-Call Job Order Contract for Sidewalk Improvements, for maintenance and responsibility.

EXECUTIVE SUMMARY:

On November 5, 2019, City Council approved a resolution awarding three (3) On-Call Job Order Contracts (JOC) for Sidewalk Improvements to Hemi’s Landscaping and Concrete Inc., Golz Construction Inc., and C2 Builders Inc. Under said Contract, Hemi’s Landscape and Concrete, Inc. completed the MST Bus Pads Installation and East Alvin Drive curb and gutter repair; COS-2022- 9720-01.

BACKGROUND:

On November 5, 2019, City Council approved Resolution No. 21732 awarding three (3) On-Call Job Order Contracts for Sidewalk Improvements to Hemi’s Landscaping and Concrete Inc., Golz Construction Inc., and C2 Builders Inc., and authorizing the Public Works Director, in consultation with the City Attorney, to execute amendments to the Contract and to execute future contracts for individual job orders between the City of Salinas and respective contractors. Each Contract was awarded for a not-to-exceed amount of $2,000,000 and a minimum amount of $50,000, and more specifically, each Contract was awarded at the unit prices set forth and contained in the proposals for the On-Call Job Order Contract for Sidewalk Improvements of said successful bidders.

The On-Call Job Order Contract for Sidewalk Improvements, CIP 9720 is a continuation of the City’s effort to repair and/or rehabilitate street related infrastructure in areas that are deteriorated, damaged, in need of repair, and/or to make facility upgrades to meet current state or federal Page | 2
requirements, more specifically Title II (ADA). The Contract allows for job orders to be assigned to the awarded contractor using unit prices provided in their respective proposals.

On October 11, 2022, the MST Bus Pads Installation and E Alvin Dr Curb & Gutter Repair JOC was authorized for Hemi’s Landscape and Concrete Inc. in the amount of $55,064.00. The MST Bus Pads Installation and E Alvin Dr Curb & Gutter JOC scope of work included removal and disposal of one tree along E Alvin Dr, installation of three (3) ADA-compliant bus pads equivalent of installing 95 square feet (SF) of sidewalk, and removal and replacement of 198 lineal feet (LF) of curb and gutter along E Alvin Dr between N Main St and Wheeler Dr.

Additional work and quantities approved during construction included nice (9) LF of curb and gutter, two (2) SF of sidewalk for the bus pads, removal and disposal of two (2) unmarked detector loop handholes, and removal and disposal of one additional tree along E Alvin Dr. These additions increased the JOC by $4,996.00 for a total job order amount of $60,060.00.

The contractor completed the original contract work, the scope additions, and punch list items on November 2, 2022. The construction methods and materials met the Project Specifications as forth by the contract documents and the JOC has been deemed complete.

CEQA CONSIDERATION:

The City of Salinas has determined that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15301(c), Class I) because the majority of the work is maintenance of sidewalks.

STRATEGIC PLAN INITIATIVE:

This project addresses the City Council’s Goals of “Public Safety” and “Effective and Culturally Responsive Government”.

DEPARTMENTAL COORDINATION:

Public Works Capital Improvement Projects Division coordinated with Public Works Forestry and Streets Divisions for update of the sidewalk log and sidewalk request list. Public Works coordinates contract execution with the Finance and Legal Departments.

FISCAL AND SUSTAINABILITY IMPACT:

The maximum contract value of each On-Call Job Order Contract is $2,000,000 with a minimum contract value of $50,000.

The current total contract amount for Hemi’s Landscape and Concrete Inc. is $787,704.00 Contract amounts were paid using CIP 9720 annual funds.

ATTACHMENTS:

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

A RESOLUTION THAT ACCEPTS THE MST BUS PADS INSTALLATION AND E ALVIN DR CURB & GUTTER REPAIR; COS-2022-9720-01 JOB ORDER COMPLETED UNDER CIP 9720, ON-CALL JOB ORDER CONTRACT FOR

SIDEWALK IMPROVEMENTS

WHEREAS, on November 5, 2019, City Council awarded three (3) On -Call Job Order Contracts (JOC) for Sidewalk Improvements to Hemi’s Landscape and Concrete Inc., Golz Construction Inc., and C2 Builders Inc. through Resolution No. 21732; and

WHEREAS, each On-Call Contract was awarded for a not-to-exceed maximum contract amount of $2,000,000 and a minimum contract amount of $50,000, and more specifically, each contract was awarded at the unit prices set forth and contained in the proposals for the On-Call Job Order Contract for Sidewalk Improvements of said successful bidders.; and

WHEREAS, on October 11, 2022, the MST Bus Pads Installation and E Alvin Dr Curb & Gutter Repair , COS -2022-9720-01, was authorized in the amount of $55,064.00. Job order quantities were increased to a total amount of $60,060.00; and

WHEREAS, the MST Bus Pads Installation and E Alvin Dr Curb & Gutter Repair project work and punch list were completed on November 02, 2022.;

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby accepts the MST Bus Pads Installation and E Alvin Dr Curb & Gutter Repair ; COS -2022-9720-01 completed under CIP 9720, On-Call Job Order Contract for Sidewalk Improvements . for maintenance and responsibility.

PASSED AND APPROVED this 13th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

________________________
Kimbley Craig, Mayor
2 ATTEST:

_________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-652, Version: 1
Closter Park Green Streets
Approve a Resolution approving a professional services agreement in the amount of $508,000 between the City of Salinas and the Wallace Group for design engineering services related to the Closter Park Green Streets project.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: DECEMBER 13, 2022
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, DIRECTOR
BY: HEIDI NIGGEMEYER, NPDES PROGRAM MANAGER
TITLE: PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY

OF SALINAS AND WALLACE GROUP FOR THE FINAL

ENGINEERING DESIGN PLANS, SPECIFICATIONS, AND COST
ESTIMATE (PS&Es) FOR THE CLOSTER PARK GREEN

STREETS PROJECT

RECOMMENDED MOTION:

A motion to approve a Resolution 1) approving a Professional Services Agreement in the amount not to exceed $ 508,000 between the City of Salinas and the Wallace Group for the Closter Park Green Street PS&Es and 2) authorizing the use of APRA funds appropriated for Stormwater Green Infrastructure for the agreement with Wallace Group.

BACKGROUND:

Small amounts of rain throughout a watershed incrementally add up to large volumes of runoff downstream. Similarl y, small changes to stormwater runoff treatment in a watershed can cumulatively result in significant improvements to overall watershed health. The lack of proper stormwater runoff management and treatment negatively affects public health/safety, economic stability/vitality, and the quality of life for urban dwellers, not to mention the environmental quality of local waterways. Effective and intensive Green Stormwater Infrastructure (GSI) implementation not only helps to address the impacts associated with excessive stormwater runoff, but also provides a strong overall investment value through the generation of significant social and economic benefits for the community.

In the fall of 2020, the NPDES Division was looking for a good location to implement a “ green street” project to 1) demonstrate the benefits of “greening” to the community, and 2) to implement stormwater treatment facilities to support the City meeting its TMDL requirements. To accelerate progress toward NPDES permit compliance and articulate the linkage between the City’s financial investment with its stormwater program and the multitude of community benefits, the City took a strategic step to develop a green street conceptual design for the area around Closter Park to serve as a showcase fir st implementation of a “green street” in Salinas (see attachment). The concept project design includes the design of three green streets around Closter Park (Beech St, Towt St, and Dewey St) including biofiltration cells with diverse, drought -tolerant nati ve plants, Page | 2
trees, permeable pavement, crosswalk curb extensions, and traffic and pedestrian safety improvements including a traffic circle, raised crosswalks, ADA -compliant curb ramps and storm drainage system improvements. Final PS&E documents are necess ary to 1) move the project forward should the City be awarded the Urban Greening grant, and 2) to apply for other grants for the project.

The development of the final PS&Es will include the following tasks:

 Project Management and Coordination
 Site Assessment
 Preliminary Design Report
 Project Design (Plans, Specifications, Implementation Schedule, and Cost Estimates)  Final PS&E Documents
 Public Stakeholder Outreach
 Construction Support

A request for proposals (RFP) for interested engineering design firms was advertised on September 1, 2022 on “PlanetBids” website for the preparation of final PS&Es as described above. Submittals were received from three firms. The firms submitting qualification/proposal statements were:

 Wallace Group
 Sandis
 Lotus Water

The submittals were reviewed based on the following selection criteria listed in the RFP document:

1. Understanding of scope of work to be done.

2. Experience with similar work.

3. Quality of staff for work to be done.

4. Capability of developing innovative or advanced technologies.

5. Demonstrated technical ability.

Based on these criteria, the review panel comprised of three review panel members selected Wallace Group as the top firm. Wallace Group’s proposed total compensation for these services is $508,000.

CEQA CONSIDERATION:

Categorical Exemption. The City of Salinas has determined that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15301, Class 1 , Existing Facilities), because the project includes minor alterations of existing public street and sidewalks to improve the appearance, cleanliness, safety , and infrastructure within the City of Salinas. All work would be within the existing paved roadway and road right -of-way. There would be no expansion of use, vehicular capacity, or travel lanes in any of the roadways throughout the project area. Furthermore, based on an examination of the project , the project would not result in any impacts to the environment that would cause an exception to appl ication of the Class 1, Existing Facilities, Categorical Exemption, to the Closter Park Green Streets Project, as described below.

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(a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordin arily insignificant in its impact on the environment may in a particularly sensitive environment be significant.

Exception (a) does not apply because the project falls within the Class 1, Existing Facilities, exemption (not Classes 3, 4, 5, 6 or 11).
(b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.

Exception (b) does not apply because there are no plans or anticipated requirements to implement the same type of project in the same place over time; therefore, no cumulative impacts are anticipated. The project would enhance the appearance and safety of local streets to the public within the City. Further more, BMPs will be imp lemented throughout project construction to minimize potential impacts on environmental resources such as water quality and the community in the project area.
(c) Significance Effects. A categorical exemption shall not be used for any activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

Exception (c) does not apply because there is not a reasonable possibility that the project would have a significant effect on the environment due to unusual circumstances. Potential project effects would be typical construction -related effects (e.g., dust, traffic, noise) and would be temporary.

As described above, the project construction specifications will include implementation of several BMPs and environmental protection measures to avoid and minimize potential construction - related effects. These include measures to reduce dust, protect water quality near storm drainages, and provide access or detours for vehicles, bicycles, and pedestrians.

Once constructed, the project is not anticipated to result in significant effects from operation. The project would improve the safety and appearance of public roadways, without adding traffic lanes.

The project would serve as an example of improvements that can be made to existing streets to help beautify public spaces, improve effluent stormwater quality, and enhance community connection. Overall, the project would contribute to beneficial improvements to the community and beautification of Salinas.
(d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources within a highway offici ally designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.

Exception (d) does not apply because the project would not affect any scenic highway or result in damage to scenic resources within a state scenic highway. The project includes street beautification activities and sidewalk improvements to multiple streets identified within the project area.

Highway 68, which is the closest designated California State Scenic Highway, is located approximately 2 miles outside of the project area to the west. The project elements would be entirely within paved roadways and sidewalks, and would not damage or alter any scenic resources, including the sloughs, trees, rock outcroppings, or historic buildings within a designated state scenic highway.

Page | 4
(e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.

Exception (e) does not apply because the project area (locations of the planned improvements) is not on any list compiled pursuant to Government Code Section 65962.5 (Cortese List). The EnvirStor and GeoTracker databases were checked on J une 20, 2022; and there are no active hazardous waste sites located within 2,000 feet of the project area. (f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

Exception (f) does not apply because the project area (locations of the planned improvements) does not include any historic resources and is not part of the Salinas Historic District. Further, project implementation would be entirely within existing paved roadways or road right-of-way and sidewalks and would not affect any structures. Therefore, the project would not cause substantial adverse changes in the significance of a historical resource.

STRATEGIC PLAN INITIATIVE:

The proposed project and agreement meet the City Council’s Strategic Plan Initiative of Infrastructure and Environmental Sustainability.

DEPARTMENTAL COORDINATION:

This project relies on coordination between the Public Works Dept. (Traffic, CIP Engineeri ng, NPDES) and the Library and Community Services Department. NPDES Division will coordinate with the CIP Engineering and Traffic Divisions regarding the design of the project. NPDES Division will coordinate with the Library and Community Services Departme nt to ensure design and construction of the Closter Park Green Streets project aligns with the construction of the Closter Park Renovation project, funded with Urban Greening grant funds.

FISCAL AND SUSTAINABILITY IMPACT:

The total estimated cost for the scope of work contained in the Professional Services Agreement is not to exceed $508,000. The requested funds will be allocated from American Rescue Plan Act (ARPA) funds appropriated to the NPDES Division (Fund 3911.50.8192 – Stormwater Green Infrastructure).

ATTACHMENTS:

Closter Park Green Streets Concept Design
Resolution
Professional Services Agreement – Wallace Group Closter Park Green Streets PS&Es

RESOLUTION NO. (N.C.S.)

A RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF SALINAS AND WALLACE GROUP FOR THE PREPARATION OF DESIGN PLANS, SPECIFICATIONS AND COST ESTIMATE (PS&Es) FOR THE CLOSTER PARK

GREEN STREETS PROJECT

WHEREAS, on September 1, 2022, a Request for Proposals (RFP) for providing d e s i g n engineering (consultant) services related to the Closter Park Green Streets project was advertised on the “PlanetBids” website; and

WHEREAS, submittals were received from three firms, and the submittals were reviewed based on the selection criteria listed in the RFP document; and

WHEREAS, the review panel comprising of three City staff selected Wallace Group as the top- ranked firm; and

WHEREAS, a Professional Services Agreement was successfully negotiated, and secured with said top-ranked firm;

WHEREAS, The City of Salinas has determined that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15301, Class 1, Existing Facilities), because the project includes minor alterations of existing public street and sidewalks to improve the appearance, cleanliness, safety, and infrastructure within the City of Salinas. Furthermore, based on an examination of the project, the project would not result in any impacts to the environment that would cause an exception to application of the Class 1, Existing Facilities, Categorical Exemption, to the Closter Park Green Streets Project;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALINAS, that the Professional Services Agreement between the City of Salinas and Wallace Group to provide professional design engineering services related to the Closter Park Green Streets project PS&Es in an amount not to exceed $508,000 is hereby approved; and

BE IT FURTHER RESOLVED that the Salinas City Council hereby approves the use of APRA funds appropriated for Stormwater Green Infrastructure for the agreement with Wallace Group; and

BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed, for and on behalf of the City of Salinas, and as its act and deed, to execute the attached Agreement for Professional Services between the City of Salinas, a Charter City, and Wallace Group, a California Corporation; and

BE IT FURTHER RESOLVED that the City Manager is authorized to execute extensions and/or non-substantive modifications to the Agreement, as necessary.

PASSED AND APPROVED this 13th day of December 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED:

___________________________________
Kimbley Craig, Mayor

ATTEST:

_________________________________
Patricia M. Barajas, City Manager
BEECH ST.

TOWT ST.

DEWEY AVE.

ACOSTA ST.

A A
11 1
111
1 3333
3 3 344
4 4
4 4
441 4 3
2 2 33
55 5
5 5
2 2
7 7777
6 6
7 7 7
7 88
888
8 8
8 8
8 8
8 SECTION A-A: BEECH ST.SCALE: NTS
CONCEPTUAL DESIGN NOTESPROPOSED 6' WIDE BIOFILTRATION CELL WITH CONCRETE CURBRAISED ADA CROSSWALKNEW CROSSWALK BUMPOUT10' WIDE PERMEABLE PAVEMENT PARKING LANE. PERMEABLEPAVEMENTS RECOMMENDED ARE PERVIOUS CONCRETE ORPERMEABLE INTERLOCKING CONCRETE PAVERS.BMP EDUCATIONAL SIGNAGE.REPLACE/REHABILITATE EXISTING ADA CROSSWALK STRIPING.STRIPE NEW ADA CROSSWALKPROPOSED NEW TREE 12345678

CLOSTER PARK GREEN STREET CONCEPT PLAN
BIOFILTRATION CELL[BMP OPTION]
PERMEABLE PAVEMENT: CONCRETE[BMP OPTION]
Site InformationLocationCloster ParkSalinas, CaLatitude/Longitude36.6814°N/121.6151°WGroundwater Depth~56 ft below ground level (fromclosest well from State WellNumber:14S03E27B001M)Hydrologic Soil GroupGroup D PROJECT DESCRIPTIONThe streets surrounding Closter Park present an opportunity to reduce impervious surfaces, introduceenhanced pavements, increase urban greening through bioretention swales, and reduce the urban heat islandeffects, all while promoting a safer pedestrian environment. The streets provide the community access to thePark where street parking and pedestrian traffic serve as the primary transportation methods to the area. Thisgreen street project effort seeks to revitalize and re-envision the surroundings streets to incorporate greeninfrastructure solutions providing improved water quality, lowering flood risk, and increasing pedestrian safety.The green street renovations will encompass Towt St., Beech St., and Dewey Ave. The proposed greenstreets intend to add popped out linear bioretention swales along each street. These bioretention swales willcapture and treat the local stormwater runoff. Adjacent to the bioretention swales will be a 10' wide permeablepavement parking section to provide additional stormwater run-off mitigation. The green street project willserve as an example of improvements that can be made to existing streets to help improve public spaces,effluent stormwater quality, and enhance community connection. Educational signage will be placedstrategically around the streets to promote a better understanding of the project objectives. This synergy canprovide a public and community benefit while improving the environmental quality of the built public space. Thestreets and park are owned and operated by the City of Salinas.

PROJECT VICINITY MAP
Capital Cost EstimateParameterValuePlanning, Design, &Permitting$1,339,000ConstructionSite Preparation$3,976,329Greening Elements$703,655Educational Signage$1,250Contingency(10% subtotal)$468,124TOTAL$6,488,358 PROJECT BENEFITS· Beautification via planting drought-tolerant,native plants in the biofiltration area. Alsoreduce heat island effect by introducing morelandscaped areas.· Pavement and Support Elementsdecreases pavement by replacing withbiofiltration areas and replaced AC pavementwith permeable paving in curbside streetparking.· Provide diverse drought-tolerant, nativevegetation within biofiltration cells andcrosswalk bumpout areas.· Enhanced Community Connection/PublicEducation by use of public educationalsignage explaining park BMP benefits.

Feet160800
TRAFFIC CIRCLE[TRAFFIC CALMING ELEMENT]RAISED CROSSWALK[TRAFFIC CALMING ELEMENT]EDUCATIONAL SIGNAGE[ENHANCED COMMUNITY CONNECTION] BERKELEY SEDGE[SALINAS APPROVED PLANT TYPE OPTION]
6' Biofiltration6' BiofiltrationEx. SidewalkEx. Sidewalk

AGREEMENT

FOR PROFESSIONAL SERVICES FOR

ENVIRONMENTAL CONSULTANTS/

CONTRACTORS BETWEEN

THE CITY OF SALINAS AND WALLACE

GROUP, A CALIFORNIA CORPORATION

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

6. Additional Copies. ............................................................................................................... 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. ............................................................................................................... 3

13. Assignment. ......................................................................................................................... 3

14. Changes to Scope of Work. ................................................................................................. 4

15. Ownership of Documents. ................................................................................................... 4

16. Termination. ......................................................................................................................... 4

17. Compliance with Laws, Rules, and Regulations. ................................................................ 5

18. Exhibits Incorporated. .......................................................................................................... 5

19. Independent Contractor. ....................................................................................................... 5

20. Integration and Agreement. ................................................................................................. 5

21. Jurisdiction. .......................................................................................................................... 5

22. Severability. ......................................................................................................................... 6

23. Notices. ................................................................................................................................ 6

24. Nondiscrimination................................................................................................................ 6

25. Conflict of Interest. .............................................................................................................. 7

26. Headings. ............................................................................................................................. 7

27. Attorneys’ Fees .................................................................................................................... 7

28. Non-Exclusive Agreement. .................................................................................................. 7

29. Rights and Obligations Under Agreement. .......................................................................... 7

30. Licenses................................................................................................................................ 7

31. Counterparts. ........................................................................................................................ 7

32. Legal Representation. .......................................................................................................... 7

33. Joint Representation. ............................................................................................................ 8

34. Warranty of Authority.......................................................................................................... 8

35. No Waiver of Rights. ........................................................................................................... 8 Exhibit A- Insurance Requirements for Environmental Contractors and/or Consultants ........ 10 Exhibit B- Scope of Service ..................................................................................................... 13

Enviro. Prof. Services Agreement v. January 2021 Page 1 of 20 Wallace Group, a California Corporation
December 2022

AGREEMENT FOR PROFESSIONAL SERVICES FOR ENVIRONMENTAL

CONSULTANTS/CONTRACTORS BETWEEN

THE CITY OF SALINAS AND WALLACE GROUP, A CALIFORNIA CORPORATION

This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 6th day of December 2022 between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and Wallace Group, a California Corporation, a California corporation, (hereinafter “Consultant”).

RECITALS

WHEREAS, Consultant represents that he, she or 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 consistent with that degree of care and skill ordinarily exercised by members of the same profession 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 B, attached hereto and incorporated herein by reference.

2. Term; Completion Schedule. This Agreement shall commence on December 6th, 2022, and shall terminate on December 6th, 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 Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed five hundred and eight thousand dollars ($508,000).

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;

Page 2 of 19 ends

Enviro. Prof. Services Agreement v. January 2021
Wallace Group, a California Corporation
December 2022

(C) The number of hours spent and by whom;
(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. 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 to 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.

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.

(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.

Page 3 of 19 ends

Enviro. Prof. Services Agreement v. January 2021
Wallace Group, a California Corporation
December 2022

(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 negligence, 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 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. Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.

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.

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

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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 rates shown in Exhibit B 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 based upon the Consultant’s rates shown in Exhibit B and/or Section 3 of this Agreement, 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 expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense.

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(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. The Consultant may retain an archival copy of the confidential information, to the extent necessary to comply with Law and archival policies.

(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.

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.

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

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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

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

Jorge Aguilar, PE
Principal
612 Clarion Court
San Luis Obispo, CA 93401
[email protected]

(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

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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.

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

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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.

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

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APPROVED AS TO FORM:

_________________________________
□ Christopher A. Callihan, City Attorney or
□ Rhonda Combs, Assistant City Attorney

CONSULTANT

___________________________________
By: Jorge Aguilar PE 48704
Its: Principal

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Exhibit A- Insurance Requirements for Environmental Contractors and/or Consultants

Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability and Errors & Omissions, coverage should be maintained for a minimum of five (5) years after Contract completion, if commercially available.

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 $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO 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 any auto (Code 1), or if Consultant has no owned autos, hired (Code 8) and non- owned (Code 9) autos, with limit s no less than $1,000,000 per accident for bodily injury and property damage.

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

4. Professional Liability (also known as Errors & Omissions): Insurance appropriate to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. 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, the Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Consultant shall provide evidence 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
A. The General Liab ility and/or Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:

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1. The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant ’s insurance (at least as broad as ISO Form s 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 Consultant ’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Salinas, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City , its officers, officials, employees, agen ts, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

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

B. If General Liability and/or Errors & Omissions coverages are written on a claims-made form:

1. The retroactive date must be shown and must be before the date of the contract or the beginning of Agreement of work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract e ffective date, the Consultant must purchase an extended period coverage for a minimum of five (5) years after completion of Agreement work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

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Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII if admitted in the State of California. If Errors & Omissions coverages are not available from an admitted insurer, the coverage may be written by a non-admitted insurance company. A non- admitted company should have an A.M. Best rating of A:X or higher. Exception may be made for the California State Compensation Insurance Fund if not rated.

Verification of Coverage
Consultant shall furnish the City with original certificates of insurance and amendatory endorsements, or copies of the applicable insurance policy language effecting coverage required by this contract and a copy of the Declarations and Endorsements page of the policy listing all policy endorsements. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’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.

Waiver of Subrogation
Consultant hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.

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

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.

Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.

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Exhibit B- Scope of Service

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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-664, Version: 1
Direct Purchase of Citywide Vehicles FY 23 - Updated
Approve a Resolution updating vehicle Not to Exceed amounts previously approved via Resolution 22448.

This Resolution authorizes the Purchasing Officer to directly purchase thirty-one (31) vehicles for a total cost not to exceed $1,975,322.01.

City of Salinas Printed on 12/7/2022Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: DECEMBER 13, 2022
DEPARTMENT: SALINAS POLICE DEPARTMENT
FROM: ROBERTO FILICE, CHIEF OF POLICE

BY: TONYA ERICKSON, POLICE SERVICES ADMINISTRATOR

TITLE: DIRECT PURCHASE OF CITYWIDE VEHICLES FY 23 -

UPDATED

RECOMMENDED MOTION:

A motion to approve a new Resolution amending identified vehicle Not to Exceed amounts previously approved via Resolution 22448 (N.C.S.). This proposed Resolution authorizes the Purchasing Officer to directly purchase thirty-one ( 31) vehicles for a total cost not to exceed $1,975,322.01.

RECOMMENDATION:

Staff recommends that City Council authorize a new Resolution adjusting vehicle Not to Exceed amounts previously approved via Resolution 22448 (N.C.S.). This proposed Resolution authorizes the Purchasing Officer to directly purchase thirty -one (31) vehicles for a total cost not to exceed $1,975,322.01.

EXECUTIVE SUMMARY:

On August 9, 2022, City Council approved Resolution 22448 for the direct purchase of thirty-one (31) vehicles identified as necessary by various City departments. Ten (10) of the vehicles approved for the Police Department , identified last on the list of vehicles, were Ford Interceptor Pursuit vehicles, and one (1) of the vehicles was a RAV4 Hybrid . The price estimates were based upon base prices for model year 2022 vehicles, along with a 25% contingency to cover any price increases. The 2023 model year price for each vehicle increased between 30-35% and thus the department is asking City Council to amend Not to Exceed total for each of the vehicles identified above, as well as the corresponding total cost for all thirty -one (31) vehicles included on the Resolution.

BACKGROUND:

The FY 2022-23 City Budget provided funding to Departments to purchase new and replacement vehicles for use by City employees and e ach Department has funding available within their Page | 2
Department Operating and/or Capital Improvement Pr ogram (CIP) Budget. The chart contained within the original report identifie d the Department/Program, target vehicle, and pricing information for each vehicle needing to be purchased. Each vehicle ha d a Not to Exceed (NTE) total which represents the maximum p urchasing authority granted. The 2022 model year state contract rate was utilized as the underlying pricing source for the RAV4 Hybrid and Ford Interceptor Pursuit vehicles. As the State contract price is generally well below the Manufacturers Suggested Retail Price (MSRP) price, or the price available via local dealerships, we requested authorization of a contingency amount to allow for the higher price. To account for an anticipated new model year price increase , as well as loca l purchasing preference, we had calculated a 25% contingency for each vehicle. Unfortunately, the 2023 model year price for these vehicles increased between 30-35% thus we are asking to adjust the per vehicle NTE amount, as well as the total NTE for all thirty-one (31) vehicles included on the resolution.

The vehicles identified for the Police Departments included one (1) RAV4 Hybrid and ten (10) Ford Interceptor Utility Pursuit vehicles as indicated below. These vehicles were included on the last few lines of vehicles on the original chart.

Previously approved vehicle purchases per Resolution 22448:

Dept/
Prog Target Vehicle
Pricing
Resource Qty
Per-Vehicle
Price
Taxes &
Fees
25%
Contingency
NTE (Per
Vehicle)
Police
RAV 4 Hybrid
(or similar sedan)
State
Contract 1 27,073.00 3,504.25 7,644.31 38,221.57
Police
Ford Interceptor
Pursuit
State
Contract 10

36,226.00

4,350.91

10,144.23

50,721.13

The Police Department was unable to locate any 2022 model year vehicles and thus sought quotes for 2023 model year vehicles. For the RAV4 Hybrid, the updated State Contract Price has not yet been released nor has the ordering window opened. We were able to secure a quote from Salinas Toyota for this vehicle , though the base price is approximately 33% more which exceeds the contingency approved via Resolution 22448 . For the 2023 Ford Interceptor Pursuit vehicles, we received quotes from both Folsom Lake Ford (State Contract) and Salinas Valley Ford and the quote from the local dealer was not within the 10% purchasing preference limits. The base price via State Contract increased by 35%, which exceeded the contingency approved via Resolution 22448. Given the significant increase in prices, we are requesting to modify the purchasing authorization for the one RAV4 Hybrid and the ten (10) Ford Interceptor Pursuit vehicles to adjust base per-vehicle price per the new quote s. Because we have been able to hold vehicles at the quoted prices, we are removing the contingency. Amended vehicle purchases:

Dept/
Prog Target Vehicle
Pricing
Resource Qty
Per-Vehicle
Price
Taxes &
Fees
25%
Contingency
NTE (Per
Vehicle)
Police
RAV 4 Hybrid
(or similar sedan) Quote 1 36,049.00 3,512.15 0.00 39,561.15 Police
Ford Interceptor
Pursuit Quote 10

48,931.00

6,526.12 0.00

55,457.12

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The NTE price for the one (1) RAV4 Hybrid increased by $1,339.58 and the NTE price for the ten (10) Ford Interceptor Pursuit vehicles increased by $4,735.99 each, or a total of $ 47,359.86.

Correspondingly, the total NTE for all thirty -one (31) vehicles increased by $48,699.45 to a new total NTE of $1,975,322.01 as shown in the chart below. (Updated vehicles are italicized.)

Dept/Prog Target Vehicle
Pricing
Resource Qty
Per-Vehicle
Price
Taxes &
Fees
25%
Contingency
NTE (Per
Vehicle)
Code
Enforcement Rav 4 Hybrid
State
Contract 2

27,073.00

3,504.25

7,644.31

38,221.57
Facilities
F250 Utility
Body Quote 2

42,948.00

3,980.55

11,732.14

58,660.69
Parks Tacoma SR
State
Contract 2

30,027.00

3,777.50

8,451.12

42,255.62
NPDES Tacoma SR
State
Contract 1

30,027.00

3,777.50

8,451.12

42,255.62
Public
Works F150 Standard
State
Contract 2

32,490.00

4,005.33

9,123.83

45,619.16
Street
Maintenance F150 Standard
State
Contract 1

32,490.00

4,005.33

9,123.83

45,619.16
Street
Maintenance F550 Flatbed Quote 1

77,121.00

7,860.84

21,245.46

106,227.30
Street
Maintenance F650 Ford Dump Quote 1

94,075.99

9,589.01

25,916.25

129,581.25
Street
Maintenance
John Deere 310
Backhoe Loader Quote 1

136,954.99

12,668.34

37,405.83

187,029.16
Street
Maintenance
Catapiller -
model CB4.4 -
Asphalt Roller Quote 1

100,827.14

9,326.51

27,538.41

137,692.06
Airport
Ford F150
Lightning
(Electric)
State
Contract 1

41,637.00

4,851.42

11,622.11

58,110.53
Fire
Ford F250
Utility Body Quote 1

43,440.00

4,026.06

11,866.52

59,332.58
Fire
Chevrolet Tahoe
SUV
State
Contract 1

44,000.00

5,070.00

12,267.50

61,337.50
Police
Chevrolet Tahoe
SUV (or alt truck)
State
Contract 2

44,000.00

5,070.00

12,267.50

61,337.50
Police
RAV 4 Hybrid
(or alt sedan)
State
Contract 1

36,049.00 3,512.15 0 39,561.15
Police
Dodge Charger
Pursuit
State
Contract 1

44,350.00

5,102.38

12,363.09

61,815.47
Police
Ford Interceptor
Pursuit Quote 10

48,931.00 6,526.12 0 55,457.12
TOTAL VEHICLES 31 NOT TO EXCEED (NTE) TOTAL

1,975,322.01

Based upon the information provided within this report, t he C ity Council has the authority to approve this direct purchase under Salinas Municipal code Section12 -27 and Salinas Municipal Code Section 12-28.080.

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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:

Approving the proposed resolution will support the City Council’s Strategic Plan Goals related to Public Safety and Effective and Culturally Responsive Government.

DEPARTMENTAL COORDINATION:

Public Works and all identified Departments were contacted and collaborated on this updated Staff Report. We will continue to coordinate with the Finance Depar tments during the purchasing process.

FISCAL AND SUSTAINABILITY IMPACT:

No additional funds are requested to support these purchases. Funds are appropriated and available within individual Department’s FY 2022-23 Budgets and purchases may not exceed the total fleet- related appropriations within the FY 2022 -23 City Budget. Specific accounts to be utilized include:
 Police Vehicle Replacement, 5800.40.9579.
 CDD Vehicle Replacement, 5800.30.9045
 Sanitary Sewer, 5800.50.9126
 Fleet Consolidation Replacement, 5800.50.9226
 Parks Vehicle Replacement, 5800.55.9270
 Fire Command & Staff Vehicles, 5800.45.9210
 Municipal Airport, 6100.50.5340-66.5500

ATTACHMENTS:

Resolution
Quotes

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

RESOLUTION AUTHORIZING THE DIRECT PURCHASE OF
CITY VEHICLES FOR FY 23 - UPDATED

WHEREAS, the City Council approved Resolution 22448 (N.C.S.) on August 9, 2022 related to the purchase of thirty-one (31) vehicles for various City Departments; and

WHEREAS, the Police Department is unable to secure the Toyota RAV4 Hybrid and the Ford Interceptor Pursuit vehicles for less than the Not to Exceed amount previously approved; and

WHEREAS, the Police Department has secured quotes for these vehicles and is requesting to increase the authorized Not to Exceed amounts as appropriate; and

WHEREAS, the City Council can approve this purchase pursuant to Salinas Municipal Code Section 12 -27 and pursuant to Salinas Muni cipal Code 12 -28.080 (local purchasing preference).

NOW, THEREFORE, BE IT RESOLVED the Salinas City Council authorizes the Purchasing Agent to complete the direct purchase of thirty-one (31) vehicles identified as necessary by various City departments, when such vehicles can be located, provided the total cost of each vehicle does not exceed the projected not to exceed cost identified in this Resolution and also provided the total cost for all the vehicles does not exceed $1,975,322.01.

Dept/Prog Target Vehicle
Pricing
Resource Qty
Per-Vehicle
Price
Taxes &
Fees
25%
Contingency
NTE (Per
Vehicle)
Code
Enforcement Rav 4 Hybrid
State
Contract 2

27,073.00

3,504.25

7,644.31

38,221.57
Facilities
F250 Utility
Body Quote 2

42,948.00

3,980.55

11,732.14

58,660.69
Parks Tacoma SR
State
Contract 2

30,027.00

3,777.50

8,451.12

42,255.62
NPDES Tacoma SR
State
Contract 1

30,027.00

3,777.50

8,451.12

42,255.62
Public
Works F150 Standard
State
Contract 2

32,490.00

4,005.33

9,123.83

45,619.16
Street
Maintenance F150 Standard
State
Contract 1

32,490.00

4,005.33

9,123.83

45,619.16
Street
Maintenance F550 Flatbed Quote 1

77,121.00

7,860.84

21,245.46

106,227.30
Street
Maintenance F650 Ford Dump Quote 1

94,075.99

9,589.01

25,916.25

129,581.25
Street
Maintenance
John Deere 310
Backhoe Loader Quote 1

136,954.99

12,668.34

37,405.83

187,029.16
Street
Maintenance
Catapiller -
model CB4.4 -
Asphalt Roller Quote 1

100,827.14

9,326.51

27,538.41

137,692.06
Airport
Ford F150
Lightning
(Electric)
State
Contract 1

41,637.00

4,851.42

11,622.11

58,110.53
2 Dept/Prog Target Vehicle
Pricing
Resource Qty
Per-Vehicle
Price
Taxes &
Fees
25%
Contingency
NTE (Per
Vehicle)
Fire
Ford F250
Utility Body Quote 1

43,440.00

4,026.06

11,866.52

59,332.58
Fire
Chevrolet Tahoe
SUV
State
Contract 2

44,000.00

5,070.00

12,267.50

61,337.50
Police
Chevrolet Tahoe
SUV (or alt truck)
State
Contract 1

44,000.00

5,070.00

12,267.50

61,337.50
Police
RAV 4 Hybrid
(or alt sedan) Quote 1 36,049.00 3,512.15 0.00 39,561.15 Police
Dodge Charger
Pursuit
State
Contract 1

44,350.00

5,102.38

12,363.09

61,815.47
Police
Ford Interceptor
Pursuit Quote 10

48,931.00

6,526.12 0.00 55,457.12
TOTAL VEHICLES 31 NOT TO EXCEED (NTE) TOTAL

1,975,322.01

BE IT FURTHER RESOLVED , that Resolution No. 22448 (N.C.S.), approved by the City Council on August 9, 2022, is hereby superseded by this Resolution upon its approval.

PASSED AND APPROVED this 13th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

______________________________
Kimbley Craig, Mayor
ATTEST:

_________________________
Patricia M. Barajas, City Clerk

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-665, Version: 1
Axon Fleet Camera Systems and Axon Investigate Software Approve a Resolution authorizing the direct purchase and payment of annual service fees to support 24 additional Axon Fleet Camera Systems and Axon Investigate software for a five-year period, with total costs not to exceed $211,653.85.

City of Salinas Printed on 12/7/2022Page 1 of 1
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Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: DECEMBER 13, 2022
DEPARTMENT: SALINAS POLICE DEPARTMENT
FROM: ROBERTO FILICE, CHIEF OF POLICE
BY: TONYA ERICKSON, POLICE SERVICES ADMINISTRATOR
TITLE: AXON FLEET CAMERA SYSTEMS AND AXON INVESTIGATE

SOFTWARE

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the direct purchase and payment of annual service fees to support 24 additional Axon Fleet Camera Systems and Axon Investigate software for a five-year period, with total costs not to exceed $211,653.85.

RECOMMENDATION:

Staff recommends that City Council approve a Resolution authorizing the direct purchase and payment of annual service fees to support 24 additional Axon Fleet Cameras Systems and Axon Investigate software for a five-year period, with total costs not to exceed $211,653.85.

EXECUTIVE SUMMARY:

The Police Department relies upon Axon Tasers, Camera Systems, and related software. Camera systems (Body Worn, In-Vehicle and Interview Rooms) are used to record, maintain, and access video documentation of various Police Service interactions. The Police Department has contracted with Axon for services since 2015 and installed Axon Fleet (In -Vehicle) Camera Systems in all Patrol vehicles since 2018. We are requesting approval for the direct purchase and payment of annual service fees to support 24 additional Axon Fleet Camera Systems and Axon Investigate software for a five-year period, with total costs not to exceed $211,653.85.

BACKGROUND:

The Police Department relies upon Axon Tasers, Camera Systems, and related software on a daily basis. Camera systems (Body Worn, In-Vehicle and Interview Rooms) ae used to record, maintain, and access video documentation of various Police Department interactions. The Police Department has contracted with Axon for services since 2015 and maintains services under a Master Services and Purchasing Agreement approved by City Council on 9/14/2021 via Resolution 22190. Since 2018, Axon Fleet (In-Vehicle) Camera systems have been installed in all Patrol Page | 2
Vehicles. As the Police Department replaces vehicles, we are ensuring consistency in equipment by installing Axon Fleet Camera Systems. We are now requesting the authorization to purchase and pay for annual service fees to support 24 Axon Fleet Camera Systems for vehicles purchased during last fiscal year and the current fiscal year. We are also requesting approval for the implementation of the Axon Investigate software.

On December 7, 2021, City Council approved the purchase of 14 Patrol Vehicles which have now been delivered and are having necessary emergency equipment installed. Approval of the current request will support the deployment of Axon Fleet Camera Systems for these 14 vehicles as of April 1, 2022. On August 9, 2022, City Council approved Citywide vehicle purchases for FY 2023 which included 10 Patrol vehicles. Approval of this current request will support the deployment of Axon Fleet Camera Systems for these 10 vehicles as of October 1, 2022. By contracting for future Axon Fleet Camera System deployments now, we can lock in current pricing.

In addition to the Axon Fleet Camera Systems, we are requesting approval for payment of annual service fees to support implementation of the Axon Investigate software. This software allows the Police Department to seamlessly access and analyze video from a wide variety of sources without having to maintain separate video player systems or software. This software allows the Police Department to perform investigative analysis of videos, and we can perform tasks such as analyze and enhance videos, determine if video sources are original or modified, s titch together videos to create timelines and side-by-side comparisons, and search and place markers in videos. Access to this software allows the Police Department to be more efficient in the processing of video evidence and supports analytical processes which will enhance investigations and aid in prosecutions. The implementation of the Axon Investigate software includes training for Officers who will be using this software.

The Police Department was originally looking to only expand the Axon Fleet Camera Systems but became aware of the capabilities of the Axon Investigate software and were interested in completing a trial. In negotiations with Axon, they agreed to provide th e Axon Investigate software at essentially no cost. While the attached quote does include line -items costs related to both the Axon Fleet Camera Systems and the Axon Investigate software, the total cost is essentially unchanged from the earlier quote for just the Axon Fleet Cameras Systems. Axon explained that they discounted the Axon Fleet Cameras Systems, while maintaining costs in the Axon Investigate line items, to ensure the separate sales representatives received appropriate commissions. We have verified the figures to ensure there was no additional cost when adding the Axon Investigate software.

During the FY 2020-21 Budget process, the Police Service expanded CIP 9032 to encompass all Axon Systems. Maintaining a single CIP provides increased tra nsparency and allows the Department to better monitor and budget for these critical purchases and services. The Department will require additional purchases in future and as this happens, the Department will take each new purchase to City Council for approval and align contract end dates to simplify renewals.

Axon Enterprise, Inc. is the primary Taser and Camera Systems vendor for law enforcement agencies, and is the system used by the Department since 2015. While other vendors provide the individual components, Axon provides an integrated system with Evidence.com which streamlines Page | 3
retention and access among our law enforcement partners. There is no local vendor to provide this specialized equipment and services as purchases and services are directly from Axon Enterprises.

Based upon these facts, the Department wishes to move forward with a new 5-year contract with Axon Enterprises, Inc. with total costs not to exceed $211,653.85. The detailed quote is included with this Agenda packet. City council has the authority to approve th is direct purchase under Salinas Municipal code Section12 -27 and without application of the local purchasing preference pursuant to Salinas Municipal Code Section 12-28.080.

POLICE COMMUNITY ADVISORY COMMITTEE:

The Police Chief will present this request for direct purchase and payment of annual service fees to the Police Community Advisory Committee on November 30, 2022. The Committee will have an opportunity to ask questions and provide comments related to this requested action.

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:

Approving the proposed resolution will support the City Council’s Strategic Plan Goal s of Operational Efficiency and Public Safety by maintaining effective and efficient Camera Systems and associated software to support the Police Department.

DEPARTMENTAL COORDINATION:

The Police Department will coordinate with the Finance Department during all purchasing and payment processes.

FISCAL AND SUSTAINABILITY IMPACT:

Funds for the current year’s costs are available in CIP 5800.40.9032 for Tasers and Camera Systems. Future years are funded through the annual budget process.

ATTACHMENTS:

Resolution
Axon Quote
1 RESOLUTION NO. (N.C.S.)

DIRECT PURCHASE AND PAYMENT OF ANNUAL SERVICE FEES FOR AXON

FLEET CAMERA SYSTEMS AND AXON INVESTIGATE SOFTWARE

WHEREAS, the Police Service relies upon Axon Camera Systems and related software to record, maintain and access video documentation of various Police Service interactions; and

WHEREAS, the Police Department is requesting authorization to purchase and pay for annal service fees to support 24 Axon Fleet Camera Systems for vehicles purchased during last fiscal year and the current fiscal year ; and

WHEREAS, the Police Department is requesting approval for payment of annual service fees to support implementation of the Axon Investigate software to allow the Police Department to seamlessly access and analyze video evidence; and

WHEREAS, funding to support current fiscal year’s annual payments currently exists in CIP 5800.40.9032 – Tasers and Camera Systems, with future fiscal year costs to be requested as part of the annual budget process; and

WHEREAS, the City Council can approve this purchase pursuant to Salinas Municipal Code Section 12-27 and Salinas Municipal Code Section 12-28.080.

NOW, THEREFORE, BE IT RESOLVED that pursuant to Salinas Municipal Code section 12 -27 t he Salinas City Council hereby authorizes the direct purchase and payment of annual service fees to support 24 Axon Fleet Camera Systems and the Axon Investigate software for a five-year period, with total costs not to exceed $211,653.85.

PASSED AND APPROVED this 13th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

______________________________
Kimbley Craig, Mayor
ATTEST:

_________________________
Patricia M. Barajas, City Clerk

Page 1 ends

Q-431012-44894.723CM
Issued: 11/29/2022
Quote Expiration:

Estimated Contract Start Date: 01/01/2023
Account Number: 108382
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Salinas Police Department Salinas Police Dept. - CA Chris Morton Angel Gonzalez 312 E ALISAL ST 222 Lincoln Ave Phone: +1 2063106165 Phone: 831-206-2105 SALINAS, CA 93901-4371 Salinas, CA 93901-2758 Email: [email protected] Email: [email protected] USA USA Fax: Fax:

Email:

Quote Summary Discount Summary
Program Length 63 Months Average Savings Per Year $12,468.23 TOTAL COST $202,298.40
ESTIMATED TOTAL W/ TAX $211,653.85 TOTAL SAVINGS $65,458.20

Payment Summary
Date Subtotal Tax Total
Mar 2023 $26,527.68 $1,033.83 $27,561.51
Sep 2023 $13,932.00 $837.26 $14,769.26
Mar 2024 $40,459.68 $1,871.09 $42,330.77
Mar 2025 $40,459.68 $1,871.09 $42,330.77
Mar 2026 $40,459.68 $1,871.09 $42,330.77
Mar 2027 $40,459.68 $1,871.09 $42,330.77
Total $202,298.40 $9,355.45 $211,653.85
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

Page 2 ends

Quote Unbundled Price: $267,756.60
Quote List Price: $266,145.00
Quote Subtotal: $202,298.40
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
80461 FLEET 3 BUNDLE WITH TAP TRUE UP 10 6 $115.75 $0.00 $0.00 $0.00 $0.00 Fleet3B+TAP Fleet 3 Basic + TAP 14 60 $174.57 $169.00 $128.76 $108,158.40 $5,169.15 $113,327.55 Fleet3B+TAP Fleet 3 Basic + TAP 10 54 $163.32 $169.00 $129.00 $69,660.00 $4,186.30 $73,846.30 A la Carte Software
100749 INVESTIGATE PRO DONGLE LICENSE 2 45 $250.00 $250.00 $22,500.00 $0.00 $22,500.00 A la Carte Services
74066 FLEET INSTALLATION, WI-FI OFFLOAD SERVER 1 $1,500.00 $0.00 $0.00 $0.00 $0.00 100337 INVESTIGATE EXAMINER TRAINING 2 $595.00 $595.00 $1,190.00 $0.00 $1,190.00 100336 INVESTIGATE OPERATOR TRAINING 2 $395.00 $395.00 $790.00 $0.00 $790.00 Total $202,298.40 $9,355.45 $211,653.85

Page 3 ends

Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
Fleet 3 Basic + TAP 70112 AXON SIGNAL UNIT 14 03/01/2022 Fleet 3 Basic + TAP 72036 FLEET 3 STANDARD 2 CAMERA KIT 14 03/01/2022 Fleet 3 Basic + TAP 70112 AXON SIGNAL UNIT 10 04/01/2023 Fleet 3 Basic + TAP 72036 FLEET 3 STANDARD 2 CAMERA KIT 10 04/01/2023 Fleet 3 Basic + TAP 72040 FLEET REFRESH, 2 CAMERA KIT 14 03/01/2028 Fleet 3 Basic + TAP 72040 FLEET REFRESH, 2 CAMERA KIT 10 04/01/2028 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 100749 INVESTIGATE PRO DONGLE LICENSE 2 01/01/2023 09/30/2026 Fleet 3 Basic + TAP 80400 FLEET, VEHICLE LICENSE 14 04/01/2023 03/31/2028 Fleet 3 Basic + TAP 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 28 04/01/2023 03/31/2028 Fleet 3 Basic + TAP 80400 FLEET, VEHICLE LICENSE 10 10/01/2023 03/31/2028 Fleet 3 Basic + TAP 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 20 10/01/2023 03/31/2028 Services
Bundle Item Description QTY
Fleet 3 Basic + TAP 73391 FLEET 3 NEW INSTALLATION (PER VEHICLE) 14 A la Carte 100336 INVESTIGATE OPERATOR TRAINING 2
A la Carte 100337 INVESTIGATE EXAMINER TRAINING 2
A la Carte 74066 FLEET INSTALLATION, WI-FI OFFLOAD SERVER 1 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Basic + TAP 80379 EXT WARRANTY, AXON SIGNAL UNIT 14 03/01/2023 03/31/2028 Fleet 3 Basic + TAP 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 14 03/01/2023 03/31/2028 Fleet 3 Basic + TAP 80379 EXT WARRANTY, AXON SIGNAL UNIT 10 04/01/2024 03/31/2028 Fleet 3 Basic + TAP 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 10 04/01/2024 03/31/2028

Page 4 ends

Payment Details
Mar 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 100336 INVESTIGATE OPERATOR TRAINING 2 $158.00 $0.00 $158.00 Year 1 100337 INVESTIGATE EXAMINER TRAINING 2 $238.00 $0.00 $238.00 Year 1 100749 INVESTIGATE PRO DONGLE LICENSE 2 $4,500.00 $0.00 $4,500.00 Year 1 74066 FLEET INSTALLATION, WI-FI OFFLOAD SERVER 1 $0.00 $0.00 $0.00 Year 1 Fleet3B+TAP Fleet 3 Basic + TAP 14 $21,631.68 $1,033.83 $22,665.51 Total $26,527.68 $1,033.83 $27,561.51
Sep 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 80461 FLEET 3 BUNDLE WITH TAP TRUE UP 10 $0.00 $0.00 $0.00 Year 1 Fleet3B+TAP Fleet 3 Basic + TAP 10 $13,932.00 $837.26 $14,769.26 Total $13,932.00 $837.26 $14,769.26
Mar 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 100336 INVESTIGATE OPERATOR TRAINING 2 $158.00 $0.00 $158.00 Year 2 100337 INVESTIGATE EXAMINER TRAINING 2 $238.00 $0.00 $238.00 Year 2 100749 INVESTIGATE PRO DONGLE LICENSE 2 $4,500.00 $0.00 $4,500.00 Year 2 74066 FLEET INSTALLATION, WI-FI OFFLOAD SERVER 1 $0.00 $0.00 $0.00 Year 2 80461 FLEET 3 BUNDLE WITH TAP TRUE UP 10 $0.00 $0.00 $0.00 Year 2 Fleet3B+TAP Fleet 3 Basic + TAP 14 $21,631.68 $1,033.83 $22,665.51 Year 2 Fleet3B+TAP Fleet 3 Basic + TAP 10 $13,932.00 $837.26 $14,769.26 Total $40,459.68 $1,871.09 $42,330.77
Mar 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 100336 INVESTIGATE OPERATOR TRAINING 2 $158.00 $0.00 $158.00 Year 3 100337 INVESTIGATE EXAMINER TRAINING 2 $238.00 $0.00 $238.00 Year 3 100749 INVESTIGATE PRO DONGLE LICENSE 2 $4,500.00 $0.00 $4,500.00 Year 3 74066 FLEET INSTALLATION, WI-FI OFFLOAD SERVER 1 $0.00 $0.00 $0.00 Year 3 80461 FLEET 3 BUNDLE WITH TAP TRUE UP 10 $0.00 $0.00 $0.00 Year 3 Fleet3B+TAP Fleet 3 Basic + TAP 14 $21,631.68 $1,033.83 $22,665.51 Year 3 Fleet3B+TAP Fleet 3 Basic + TAP 10 $13,932.00 $837.26 $14,769.26 Total $40,459.68 $1,871.09 $42,330.77
Mar 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 100336 INVESTIGATE OPERATOR TRAINING 2 $158.00 $0.00 $158.00 Year 4 100337 INVESTIGATE EXAMINER TRAINING 2 $238.00 $0.00 $238.00 Year 4 100749 INVESTIGATE PRO DONGLE LICENSE 2 $4,500.00 $0.00 $4,500.00

Page 5 ends

Mar 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 74066 FLEET INSTALLATION, WI-FI OFFLOAD SERVER 1 $0.00 $0.00 $0.00 Year 4 80461 FLEET 3 BUNDLE WITH TAP TRUE UP 10 $0.00 $0.00 $0.00 Year 4 Fleet3B+TAP Fleet 3 Basic + TAP 14 $21,631.68 $1,033.83 $22,665.51 Year 4 Fleet3B+TAP Fleet 3 Basic + TAP 10 $13,932.00 $837.26 $14,769.26 Total $40,459.68 $1,871.09 $42,330.77
Mar 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 100336 INVESTIGATE OPERATOR TRAINING 2 $158.00 $0.00 $158.00 Year 5 100337 INVESTIGATE EXAMINER TRAINING 2 $238.00 $0.00 $238.00 Year 5 100749 INVESTIGATE PRO DONGLE LICENSE 2 $4,500.00 $0.00 $4,500.00 Year 5 74066 FLEET INSTALLATION, WI-FI OFFLOAD SERVER 1 $0.00 $0.00 $0.00 Year 5 80461 FLEET 3 BUNDLE WITH TAP TRUE UP 10 $0.00 $0.00 $0.00 Year 5 Fleet3B+TAP Fleet 3 Basic + TAP 14 $21,631.68 $1,033.83 $22,665.51 Year 5 Fleet3B+TAP Fleet 3 Basic + TAP 10 $13,932.00 $837.26 $14,769.26 Total $40,459.68 $1,871.09 $42,330.77

Page 6 ends

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

Page 7 ends

\s1\ \d1\
Signature Date Signed
11/29/2022

1 FLEET STATEMENT OF WORK BETWEEN AXON ENTERPRISE AND AGENCY Introduction
This Statement of Work (“SOW”) has been made and entered into by and between Axon Enterprise, Inc. (“AXON”), and Salinas Police Dept. - CA the (“AGENCY”) for the purchase of the Axon Fleet in-car video solution (“FLEET”) and its supporting information, services and training. (AXON Technical Project Manager/The AXON installer)
Purpose and Intent
AGENCY states, and AXON understands and agrees, that Agency’s purpose and intent for entering into this SOW is for the AGENCY to obtain from AXON deliverables, which used solely in conjunction with AGENCY’s existing systems and equipment, which AGENCY specifically agrees to purchase or provide pursuant to the terms of this SOW.

This SOW contains the entire agreement between the parties. There are no promises, agreements, conditions, inducements, warranties or understandings, written or oral, expressed or implied, between the parties, other than as set forth or referenced in the SOW.

Acceptance
Upon completion of the services outlined in this SOW, AGENCY will be provided a professional services acceptance form (“Acceptance Form”). AGENCY will sign the Acceptance Form acknowledging that services have been completed in substantial conformance with this SOW and the Agreement. If AGENCY reasonably believes AXON did not complete the professional services in conformance with this SOW, AGENCY must notify AXON in writing of the specific reasons within seven (7) calendar days from delivery of the Acceptance Form. AXON will remedy the issues to conform with this SOW and re-present the Acceptance Form for signature. If AXON does not receive the signed Acceptance Form or written notification of the reasons for rejection within 7 calendar days of the delivery of the Acceptance Form, AGENCY will be deemed to have accepted the services in accordance to this SOW.

Force Majeure
2 Neither party hereto shall be liable for delays or failure to perform with respect to this SOW due to causes beyond the party’s reasonable control and not avoidable by diligence.

Schedule Change
Each party shall notify the other as soon as possible regarding any changes to agreed upon dates and times of Axon Fleet in-car Solution installation to be performed pursuant of this Statement of Work.

Axon Fleet Deliverables
Typically, within (30) days of receiving this fully executed SOW, an AXON Technical Project Manager will deliver to AGENCY’s primary point of contact via electronic media, controlled documentation, guides, instructions and videos followed by available dates for the initial project review and customer readiness validation. Unless otherwise agreed upon by AXON, AGENCY may print and reproduce said documents for use by its employees only.

Security Clearance and Access
Upon AGENCY’s request, AXON will provide the AGENCY a list of AXON employees, agents, installers or representatives which require access to the AGENCY’s facilities in order to perform Work pursuant of this Statement of Work. AXON will ensure that each employee, agent or representative has been informed or and consented to a criminal background investigation by AGENCY for the purposes of being allowed access to AGENCY‘s facilities. AGENCY is responsible for providing AXON with all required instructions and documentation accompanying the security background check’s requirements.

Training
AXON will provide training applicable to Axon Evidence, Cradlepoint NetCloud Manager and Axon Fleet application in a train-the-trainer style method unless otherwise agreed upon between the AGENCY and AXON.

Local Computer
3 AGNECY is responsible for providing a mobile data computer (MDC) with the same software, hardware, and configuration that AGENCY personnel will use with the AXON system being installed. AGENCY is responsible for making certain that any and all security settings (port openings, firewall settings, antivirus software, virtual private network, routing, etc.) are made prior to the installation, configuration and testing of the aforementioned deliverables.

Network
AGENCY is responsible for making certain that any and all network(s) route traffic to appropriate endpoints and AXON is not liable for network breach, data interception, or loss of data due to misconfigured firewall settings or virus infection, except to the extent that such virus or infection is caused, in whole or in part, by defects in the deliverables.

Cradlepoint Router
When applicable, AGENCY must provide AXON Installers with temporary administrative access to Cradlepoint’s NetCloud Manager to the extent necessary to perform Work pursuant of this Statement of Work.

Evidence.com
AGENCY must provide AXON Installers with temporary administrative access to Axon Evidence.com to the extent necessary to perform Work pursuant of this SOW.

Wireless Upload System
If purchased by the AGENCY, on such dates and times mutually agreed upon by the parties, AXON will install and configure into AGENCY’s existing network a wireless network infrastructure as identified in the AGENCY’s binding quote based on conditions of the sale.

VEHICLE INSTALLATION
Preparedness
4 On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer less weapons and items of evidence.

Vehicle(s) will be deemed ‘out of service’ to the extent necessary to perform Work pursuant of this SOW.

Existing Mobile Video Camera System Removal
On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer which will remove from said vehicles all components of the existing mobile video camera system unless otherwise agreed upon by the AGENCY.

Major components will be salvaged by the AXON Installer for auction by the AGENCY. Wires and cables are not considered expendable and will not be salvaged. Salvaged components will be placed in a designated area by the AGENCY within close proximity of the vehicle in an accessible work space.

Prior to removing the existing mobile video camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle’s systems’ operation to identify and operate, documenting any existing component or system failures and in detail, identify which components of the existing mobile video camera system will be removed by the AXON Installer.

In-Car Hardware/Software Delivery and Installation
On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer, who will install and configure in each vehicle in accordance with the specifications detailed in the system’s installation manual and its relevant addendum(s). Applicable in-car hardware will be installed and configured as defined and validated by the AGENCY during the pre-deployment discovery process.

If a specified vehicle is unavailable on the date and time agreed upon by the parties, AGENCY will provide a similar vehicle for the installation process. Delays due to a vehicle, or substitute vehicle, not being available at agreed upon dates and times may results in additional fees to the AGENCY. If the AXON Installer determines that a vehicle is not properly prepared for installation (“Not Fleet Ready”), such as a battery not being properly charged or properly up-fit for in-service, field operations, the issue shall be reported immediately to the AGENCY for resolution and a date and time for the future installation shall be agreed upon by the parties.
5 Upon completion of installation and configuration, AXON will systematically test all installed and configured in-car hardware and software to ensure that ALL functions of the hardware and software are fully operational and that any deficiencies are corrected unless otherwise agreed upon by the AGENCY, installation, configuration, test and the correct of any deficiencies will be completed in each vehicle accepted for installation.

Prior to installing the Axon Fleet camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle’s existing systems’ operation to identify, document any existing component or vehicle systems’ failures. Prior to any vehicle up-fitting the AXON Installer will introduce the system’s components, basic functions, integrations and systems overview along with reference to AXON approved, AGENCY manuals, guides, portals and videos. It is both the responsibility of the AGENCY and the AXON Installer to agree on placement of each components, the antenna(s), integration recording trigger sources and customer preferred power, ground and ignition sources prior to permanent or temporary installation of an Axon Fleet camera solution in each vehicle type.

Agreed placement will be documented by the AXON Installer.

AXON welcomes up to 5 persons per system operation training session per day, and unless otherwise agreed upon by the AGENCY, the first vehicle will be used for an installation training demonstration. The second vehicle will be used for an assisted installation training demonstration. The installation training session is customary to any AXON Fleet installation service regardless of who performs the continued Axon Fleet system installations. 6 The customary training session does not ‘certify’ a non-AXON Installer, customer-employed Installer or customer 3rd party Installer, since the AXON Fleet products does not offer an Installer certification program. Any work performed by non-AXON Installer, customer-employed Installer or customer 3rd party Installer is not warrantied by AXON, and AXON is not liable for any damage to the vehicle and its existing systems and AXON Fleet hardware.

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-675, Version: 1
A Resolution Authorizing Submittal of Applications to CalRecycle for Grants and Payment Programs Approve a Resolution authorizing the submittal of applications on behalf of the City to secure CalRecycle grant funding and payment programs for which the City is eligible; and authorizing the City Manager or designee, as the Signature Authority to execute all documents necessary to implement and secure funding.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: DECEMBER 13, 2022
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, DIRECTOR
BY: ADAM SPAULDING, ENVIRONMENTAL RESOURCE PLANNER
TITLE: AUTHORIZING SUBMITTAL OF APPLICATIONS TO

CALRECYCLE FOR GRANTS AND PAYMENT PROGRAMS

RECOMMENDED MOTION:

A motion to approve a Resolution:

1. Authorizing the submittal of applications on behalf of the City to secure CalRecycle grant funding and payment programs for which the City is eligible; and

2. Approving the City Manager, or their designee, as the Signature Authority to execute all documents necessary to implement and secure funding.

EXECUTIVE SUMMARY:

CalRecycle grant applications and payment programs require submission of a Council approved Resolution for grant submission on behalf of the City. This Resolution is needed as the City looks to secure more and needed funding to support existing and future programs.

BACKGROUND:

The City has the opportunity to apply for supplemental funding (grants) through the Department of Resource Recycling and Recovery (CalRecycle). To date, state sponsored external funding has been focused on best utilizing payment programs through CalRecycle. However, additional and more substantial grants are available and can be of great benefit to the City. In order to apply for these opportunities, including competitive grants through CalRecyc le, a Council Resolution, approving submissions on behalf of the City , is needed . This Resolution will fulfill the stated requirement and allow the City to apply for additional grant funding and payment programs when eligible.

A similar Resolution has previously been passed by Council but was limited to payment programs and does not include grant applications.

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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).

In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

STRATEGIC PLAN INITIATIVE:

This action supports the Council’s goal of promoting “Infrastructure and Environmental Sustainability” by seeking funding which allows for recycling of its resources.

DEPARTMENTAL COORDINATION:

Grant application and submittal are the responsibility of the Water Waste and Energy Division in the Public Works Department, in coordination with Executive Staff , Finance and Legal Departments.

FISCAL AND SUSTAINABILITY IMPACT:

While grant opportunities and payment programs vary in their level of financial impact, amounts received may potentially serve to offset spending of general funds. Grant funds and payment programs would allow creation of any new programs, or benefit spending the City would otherwise be responsible for to comply with current or future legislation or carry out other City identified initiatives. Grants, if awarded represent a funding stream that has, and will continue to help the City achieve its current and future goals.

Additionally, any grant award or payment program secured that exceeds $100,000 will be presented to the City Council pursuant to the Long-Term Fiscal and Sustainability Impact policy adopted January 8, 2019.

ATTACHMENTS:

Resolution
Page | 1

RESOLUTION NO. (N.C.S.)

A RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATIONS TO

CALRECYCLE FOR GRANTS AND PAYMENT PROGRAMS

WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle ) to administer various grant and payment programs in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and

WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants and payment programs; and

WHEREAS, CalRecycle grant and payment programs application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants and payment programs; and

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the submittal of application(s) to CalRecycle for all grants and payment programs for which City of Salinas is eligible; and

BE IT FURTHER RESOLVED , that the City Manager, or their designee is hereby authorized and empowered to ex ecute in the name of the City of Salinas all grant and payment programs documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant and payment programs funds and implement the approved grant and payment programs projects; and

BE IT FURTHER RESOLVED, that these authorizations are effective for five (5) years from the date of approvals of this resolution.

PASSED AND APPROVED this 13th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

_______________________
Kimbley Craig, Mayor
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ATTEST:

_________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-676, Version: 1
Purchase and Sale Agreements for 34 and 37 Soledad Street Approve a Resolution authorizing the Mayor to execute Purchase and Sale Agreements (PSA) for two properties located at 34 and 37 Soledad in the City of Salinas.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: DECEMBER 13, 2022
DEPARTMENT: COMMUNITY DEVELOPMENT DEPARTMENT
FROM: MEGAN HUNTER, DIRECTOR
BY: MICHAEL GOMEZ, ECONOMIC DEVELOPMENT ANALYST
THROUGH: LISA BRINTON, ASSISTANT DIRECTOR
TITLE: PURCHASE AND SALE S AGREEMENTS FOR 34 AND 37

SOLEDAD STREET

RECOMMENDED MOTION:

A motion to approve the attached Resolution authorizing the Mayor to execute Purchase and Sales Agreements (PSAs) for two parcels located at 34 and 37 Soledad Street (Chinatown Properties or Properties) in the City of Salinas.

EXECUTIVE SUMMARY:

The City of Salinas was approached by the representative of multiple trusts (Sellers) that own the Chinatown Properties with an offer to sell. An aerial map showing the location of the Properties is provided as Attachment 1 to this staff report. Both Properties are uninhabitable, in dire need of remediation, and are historic buildings located in the Chinatown core. The asking price for the Properties is four hundred thirty thousand, six hundred and twenty -five dollars ($430,625) if purchased together “as is” . Additional terms and conditions include that should 37 Soledad be made code compliant within ten (10) years, the City will lease the first floor of 37 Soledad Street to the Asian Cultural Experience (ACE) to create the “Salinas Chinatown Cultural Center and Museum” for one dollar ($1.00) a year for fifty (50) years and that transfer of ownership of the Chinatown Properties to the City is to occur by the end of 2022. Draft PSAs, and associated exhibits are provided as Exhibits “A” and “B” to the Resolution, Attachment 2 to this staff report.

BACKGROUND:

34 Soledad Street (Assessor’s Parcel Number [APN] 002-194-029-000; Property 1) is offered for sale with an asking price of two hundred and thirty thousand six hundred and twenty -five dollars ($230,625). It is a two-story building with approximately 5,500 square feet of usable space and an attached 3,850 square foot building in poor condition due to fire damage and decades of deferred maintenance. 37 Soledad Street (Assessor’s Parcel Number [APN] 002-191-012-000; Property 2) is approximately a 6,490 square foot building formerly known as the Republic Café and Lotus Inn.

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Property 2 is not listed but is being offered at two hundred thousand dollars ($200,000). Property 2 was built in 1942 and renovated in 2010 by the City and California State University Monterey Bay Corporation utilizing Housing and Urban Development Department funding. The substantial renovation included environmental remediation and mitigation; roof replacement; and the renovation of approximately 1,000 square feet of the first floor to make it accessible for public use as a “Cultural Center and Museum ”. ACE currently leases Property 2 from the Sellers to use as the Asian Cultural Center; however, due to a recent fire in the building it is now uninhabitable.

DISCUSSION:

Chinatown Revitalization Plan

In December 2019 the City Council approved the Chinatown Revitalization Plan (CRP) as a key strategic planning document which envisions Chinatown as a thriving, affordable, safe, walkable, healthy, and well-connected community that serves a cultural center for the arts and vibrant tourist destination for the City and the region. The City is interested in the offer to sell the Properties to further the goals of the CRP.

Currently reuse and redevelopment of buildings and property in Chinatown is financially infeasible due to site constraints including, but not limited to, the size of parcels , unknown environmental concerns regarding building and soil contamination, and the cost of structural repair, remediation and deferred maintenance . Neither current property owners nor potential future developers can take on these predevelopment and site preparation costs. It is therefore unlikely that transformative redevelopment in the Chinatown core will occur without the City’s assistance with land assembly and site preparation. The assembly of smaller parcels into larger sites will support the feasibility of mixed-use development. The City is the owner 45 Soledad Street, the parcel adjacent to 37 Soledad Street and across from 34 Soledad Street. Moon Gate Plaza, on the other end of Soledad Street is a good of example of the City role in parcel assembly and site preparation that led to an affordable housing project.

Should the City acquire the Properties, staff intends to conduct the necessary studies, prepare and implement remediation plans, undertake structural repairs and conduct other predevelopment work to prepare the P roperties for future mixed -use development including affordable housin g and active ground floor spaces.

Purchase and Sales Agreement Terms and Conditions

The Properties which are held in multiple trusts are offered as a package deal at four hundred and thirty thousand six hundred and twenty -five thousand dollars ($430,625). Due to the age of the remaining members of the trust and for tax purposes, the Sellers have requested that escrow close prior to the end of the year. City staff has verified that all property taxes are up to date and no active liens have been discovered by the title company. At the time of writing this r eport, staff also have ordered an Environmental Site Assessment Phase I and an Appraisal Report. Any substantive findings would be presented to Council at the time of consideration, however, one of the key terms and conditions is that the City is acquirin g the Properties “as is”. The City has not performed a survey of the site; however, given the timeframe in which the seller wishes to Page | 3
relinquish the Properties, staff does not recommend taking this action, as the precise boundaries of the Properties may be determined later if deemed necessary.

ACE currently has a lease, which is recorded on Property 2 for operating the Asian Cultural Center with the objective of preserving, promoting, and enriching the history and multicultural identity of Salinas Chinatown. The current lease expires November 4, 2025; however, ACE has the option to extend the term of the lease up to five times, each extension for an additional five years until November 30, 2050. Under the PSA for Property 2 the City is to assume the lease with ACE under the same terms and conditions should it be made code compliant with in ten (10) years. If the City decides to terminate the lease prior to June 30, 2025, the City would be obligated to repay ACE of seventeen thousand four hundred dollars ( $17,400) per year up to June 30, 2025 . The lease agreement is provided under Exhibit “B” to the Resolution (PSA for 37 Soledad Street) , provided as Attachment 2 to this report.

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).

In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the pot ential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed action consists only of the acquisition of the Chinatown Properties, and no action regarding the use of the land is contemplated at this time. Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

STRATEGIC PLAN INITIATIVE:

The proposed acquisition primarily relates to the City’s goals of Economic Development and Housing/Affordable Housing. Future mixed-use redevelopment and reuse of the Chinatown Properties will further the implementation of the CRP by providing active ground floor uses including a cultural and art center and housing units on the second floor thus revitalizing Chinatown’s commercial center on Soledad Street.

DEPARTMENTAL COORDINATION:

The Economic Development Division worked with the Housing Division (Community Development Department) and with the Legal Department to prepare the draft Purchase and Sales Agreements and the preparation of this report.

FISCAL AND SUSTAINABILITY IMPACT:

The source of funds for the acquisition of the Chinatown Properties is from the Affordable Housing Production Fund. On November 16, 2021, Council approved Resolution 22250 appropriating seven million dollars ($7,000,000.00) from the American Rescue Plan Act (“ARPA”) to the Page | 4
Affordable Housing Production Fund . The Purchase Price for both Properties is four hundred thirty thousand six hundred and twenty -five dollars ($430,625). The City’s estimated portion of closing costs is three thousand eight hundred and sixty -six dollars ($3,866.97) . Upon taking ownership, the City will assume responsibility for ongoing property main tenance costs , remediation and repair, and property taxes. Rehabilitation costs are unknown at this time. The annual costs of property maintenance will vary depending on the level and type of repair, maintenance and/or remediation performed on the Properties. Property taxes will initially be approximately $1,614.12 for Property 1 and $1,791.88 for Property 2 per year. These ongoing costs will need to be included in future annual general fund annual budget requests. Staff will also pursue grant fun ding through the Environmental Protection Agency and Department of Toxic Substance Control to assist with testing and site remediation.

ATTACHMENTS:

1. Aerial Photograph of Properties and Surrounding Area

2. Proposed RESOLUTION, including the following Exhibits:

Exhibit “A” – 34 Soledad St reet Purchase and Sale s Agreement, including a Legal Description, Grant Deeds and Certificate of Acceptance
Exhibit “ B” – 37 Soledad St reet Purchase and Sale s Agreement, including a Legal Description, Grant Deeds, Certificate of Acceptance, and ACE Lease Agreement

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Attachment 1
Aerial Photograph of Properties and Surrounding Area

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RESOLUTION NO. (N.C.S.)

A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE PURCHASE AND

SALES AGREEMENTS FOR THE ACQUISITION OF
34 AND 37 SOLEDAD STREET

WHEREAS, the City of Sali nas was approached by the representative of multiple trusts (Sellers) that own 34 Soledad Street and 37 Soledad Street (Properties) with an offer to sell the Properties to the City as a packaged deal for four hundred thirty thousand six hundred and twenty five dollars ($430,625); and

WHEREAS, 34 Soledad Street is a two-story building with approximately 5,500 square feet of usable space and an attached 3,850 square foot building in poor condition due to fire damage and deferred maintenance over several decades (Assessor’s Parcel Number [APN] 002 -194-029- 000) (Property 1); and

WHEREAS, 37 Soledad Street is approximately a 6,490 square f oot building formerly known as the Republic Café built in 1942 and renovated in 2010 through the Redevelopment Agency and California State University Monterey Bay Cor poration utilizing funding from the Department of Housing and Urban Development (Assessor’s Parcel Number [APN] 002-191-012- 000) (“Property 2”); and

WHEREAS, the Asian Cultural Experience (ACE) currently leases Property 2 for operating the Asian Cultural Center with the objective of preserving, promoting, and enriching the history and multicultural identity of Salinas Chinatown. Under the Purchase and Sales Agreement, the City is to assume the lease with ACE under the same terms and conditions should it be made code compliant within ten (10) years; and

WHEREAS, In December 2019 the City Council approved the Chinatown Revitalization Plan (CRP) as a key strategic planning document which envisions Chinatown as a thriving, affordable, safe, walkable, healthy, and well-connected community that serves a cultural center for the arts and vibrant tourist destination for the City and the region.

WHEREAS, reuse and redevelopment of buildings and property in Chinatown is financially infeasible due to site constraints including, but not limited to, the size of parcels, unknown environmental concerns regarding building and soil contamination, and the cost of structural repair, remediation and deferred maintenance; and

WHEREAS, it is therefore unlikely that transformative redevelopment in the Chinatown core will occur without the City’s assistance with land assembly and site preparation; and

WHEREAS, this proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). The proposed action consists only of the acquisition of the Chinatown Properties, and no action regarding the use of the land is contemplated at this time. Because the matter does not cause a direct or foreseeable indirect physical change on or in the env ironment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability; and Page | 2

WHEREAS, on November 16, 2021, Council approved Resolution 22250 appropriating seven million dollars ($7 ,000,000.00) from the American Rescue Plan Act (“ARPA”) to the Affordable Housing Production Fund for the purpose of land acquisition to further the production of housing.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby authorizes the Mayor to execute a Purchase and Sale Agreements to acquire 34 Soledad Street for two hundred and thirty thousand six hundred and twenty -five dollars ($230,625) and 37 Soledad Street for two hundred thousand dollars ($200,000); and

BE IT FURTHER RESOLVED that the Salinas City Council authorizes the use of Affordable Housing Production Funds for the acquisition of the Properties including the City’s portion of closing costs.

PASSED AND APPROVED this 13th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

_______________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk
1 PURCHASE AND SALE AGREEMENT
(34 SOLEDAD STREET)

Ahtye and Peggy A. Ahtye Trust Agreement under Trust Agreement dated September 26, 1995, one-third (1/3) ownership interest, and Warren F. Ahtye, Trustee of the Ahtye Family Revocable Trust dated April 18, 1995, one -third (1/3) ownership interest hereinafter referred to as “Seller”, for the acquisition by Buyer of certain real property described below.

RECITALS

A. The Seller is the owner in fee of that certain real property consisting of approximately 19,937 square feet of land (inclusive of the parking lot and two buildings) generally located at 34 Soledad Street (Assessor’s Parcel Number [APN] 002-194-029-000) in the City of Salinas, County of Monterey, State of California (“Property”) as more particularly described in the attached “Exhibit A”.

B. The Property consists of a two-story building with approximately 5,500 square feet of usable space and an attached 3,850 square feet single level building.

C. The Property is in poor condition as a result of a fire which occurred in 2010 on the exterior main door of the two-story building, resulting in significant fire damage to the main entrance of the two-story building and deferred maintenance over several decades; the Property has been deemed historic by the Monterey County Historical Society and has potential for low-income housing.

D. The Seller has authority to convey the Property and the Buyer to accept pursuant to the City’s Charter and Resolution No. 5849 (N.C.S). The City Council, in approving this Agreement, finds and determines, among other things, that the Property is beneficial for municipal purposes and that the purchase of the Property pursuant to the terms of thi s Agreement will benefit the residents of the City and promote the health, safety, and welfare of such residents by (1) the rehabilitation and re-use of a long -neglected building in the City’s Chinatown area, and (2) the implementation of the Chinatown Revitalization Plan.

E. The City Council finds and determines that the Purchase of the Property, as set forth in this Agreement, is in the best interests of the City.

NOW, THEREFORE, Buyer and Seller agree as follows;

2 1. Agreement to Sell and to Purchase. Buyer agrees to buy the Property from Seller and Seller agrees to sell the Property to City upon the terms and for the consideration set forth in this Agreement.

2. Purchase Price. The purchase price of the Property is tw o hundred thirty thousand six hundred and twenty-five Dollars ($230,625.00) to be paid in cash to the Seller by the Buyer at the Close of Escrow.

3. Opening Escrow. To accomplish the purchase and the transfer of the Property from the Seller to the Buyer, the Seller and Buyer shall establish an escrow with the Salinas, California escrow office of First American Title Company, or such other title company mutually selected by City and Seller (the “Escrow Holder”). The Buyer and the Seller shall execute and deliver written instructions to the Escrow Holder to accomplish the terms hereof, which instructions shall be consistent with this Agreement.

4. Close of Escrow. The Close of Escrow shall occur no later than the date seven (7) days after all of the following conditions shall be established , prior to or concurrently with, and as conditions of, the Close of Escrow:

4.1. The Seller shall have executed and delivered to the Buyer or the Escrow Holder all documents and instruments required to be executed and delivered, all in form and substance satisfactory to both Buyer and the Escrow Holder, and Buyer shall have submitted full payment of the Property Purchase Price.

4.2. There shall exist no condition, event or act which would constitute a breach or default under this Agreement which upon the giving of notice or the passage of time, or both, would constitute such a breach or default.

4.3. All representations and warranties of the parties contained herein shall be true and correct as of the Close of Escrow.

4.4. The Sale is contingent of the appraised value at a minimum of purchase price.

Any and all expenses incurred relating to inspec ting the Property by Buyer shall be borne by Buyer.

4.5. Ad valorem taxes, if any, shall be prorated as of the date of conveyance of the Property from the Seller to the Buyer. Seller and the Buyer shall each pay half of the cost of title insurance, tran sfer tax, Escrow Holder document preparation, recordation fees, premiums of owners and lenders title insurance and the escrow fees of the Escrow Holder, if any, and any additional costs to close the escrow. The costs borne by Buyer are in addition to the Purchase Price for the Property.

3 5. Conveyance of Title and Possession. Seller agrees to convey by Grant Deed (in substantially the form shown on the attached (Exhibit B) to Buyer all of Seller’s title and interest in and to the Property. Notwithstanding a nything to the contrary set forth herein, the Seller makes no representation or warranty regarding title to the Property or the removal of any Exceptions from title to the Property. Further, Seller has no obligation to provide title to the Property clear of encumbrances and shall not incur any liability for title defects unless Seller expressly agrees to remove one or more encumbrances pursuant to this Section; however, Buyer shall not be obligated to accept title to the Property unless it is conveyed free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, taxes and other title or survey matters (“ Exceptions”) except such matters which are acceptable to the Buyer, in Buyer’s sole discretion, following Buyer’s review of a title report to be provided by the Seller or Escrow Company.

6. Title Insurance Policy. Escrow Holder shall, following recording of the Deed, provide Buyer with a standard owner’s CLTA (or extended coverage ALTA, at the request of Buyer) policy of title insurance in the amount of the Purchase Price, issued by the Title Company, together with any endorsements and additional coverage reasonably requested by Buyer, showing fee simple title to the Property vested in Buyer, subject only to the Exceptions set forth in Section 5 approved by Buyer and the printed exceptions and stipulations in the policy. Title charges shall be evenly split by the by the Buyer and Seller.

7. Condition of Property.

7.1. “As Is Purchase”. Prior to the Effective Date, the Buyer was provided the opportunity to investigate the Property and has approved the physical condition thereof. The Buyer specifically acknowledges and agrees that the Seller is selling and the Buyer is buying the Property on an “AS I S WITH ALL FAULTS” basis and that the Buyer is not relying on any representations or warranties of any kind whatsoever, express or implied, from the Seller as to any matters concerning the Property, includi ng without limitation (1) the quality, nature, adequacy, and physical condition of the Property (including, without limitation, topography, climate, air, water rights, water, gas electricity, utility services, grading, drainage, sewers, access to public roads and related conditions); (2) the quality, nature, adequacy, and physical condition of soils, geology, and groundwater; (3) the existence, quality, nature, adequacy, and physical condition of utilities serving the Property; (4) the development potential of the Property, and its use, habitability, merchantability, or fitness, suitability, value or adequacy of the property for any particular purpose; (5) the zoning or other legal status of the Property or any other public or private restrictions on the use of the Property; (6) the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions, and restrictions of any governmental or quasi -governmental entity or of any other person or ent ity; (7) the presence or absence of hazardous materials on, under or about the Property or the adjoining and neighboring properties; and (8) the condition of title to the Property.

4 The Buyer affirms that it has not relied on the skill or the judgment of the Seller or any of its respective agents, employees or contractors to select or furnish the Property for any particular purpose, and that the Seller makes no warranty that the Property is fit for any particular purpose. The Buyer acknowledges that it shall use its independent judgment and make its own determination as to the scope and the breadth of its due diligence investigation which investigation of the physical, environmental, economic, and legal condition of the Property (including, without limitation, whether the Property is located in an area which is designated as a special flood hazard area, dam failure inundation area, earthquake fault zone, seismic hazard zone, high fire severity area or wildland fire area, by any federal, state or local entity). The Buyer undertakes and assumes all risks associated with all matters pertaining to the Property location in any area designated as a special flood hazard area, dam inundation area, earthquake fault zone, seismic hazard zone, h igh fire severity area or wildland fire area, by any federal, state or local entity.

7.2. Survival. The terms and the conditions of this section 7 shall expressly survive the Close of Escrow, shall not merge with the provisions of the Grant Deed, or any other closing documents and shall be deemed to be incorporated by reference into the Grant Deed. The Seller is not liable or bound in any manner by any oral or written statements, representations or information pertaining to the Property furnished by any contractor, agent, employee, servant or other person. The Buyer acknowledges that the Purchase Price reflects the “as is” nature of this sale and any faults, liabilities, defects or other adverse matters that may be associated with the Property. The Buyer has fully reviewed the disclaimers and waivers set forth in this Agreement with the Buyer’s counsel and understands the significance and effect thereof.

7.3. Acknowledgement. The Buyer acknowledges and agrees that (i) to the extent required to be operative, the disclaimers of warranties contained in this section are “conspicuous” disclaimers for purposes of all applicable laws and other legal requirements, and (ii) the disclaimers and other agreements set forth in such sections are an integral part of this Agreement, that the Purchase Price has been adjusted to reflect the same and that the Seller would not have agreed to sell the Property to the Buyer for the Purchase Price without the disclaimers and other agreements set forth in this section.

7.4. Buyer’s Release of the Seller. The Buyer, on behalf of itself and anyone claiming by, through or under the Buyer, hereby waives its right to recover from and fully and irrevocably releases the Seller and its representatives and agents (“Released Parties”) from any and all claims, responsibility and/or liability that the Buyer may have or hereafter acquire against any of the Released Parties for any costs, loss, liability, damage, expenses, demand, action or cause of action arising from or related to (i) the condition (including any construction defects, errors, omissions or other conditions, latent or otherwise), valuation, salability or utility of the Property, or its suitability for any purpose whatsoever, (ii) any presence of Hazardous Materials (as her einafter defined), and (iii) any information furnished by the Released Parties under or in connection with this Agreement.

5 7.5. Scope of Release. The release set forth in section 7.4 hereof includes claims of which the Buyer is presently unaware or whic h the Buyer does not presently suspect to exist which, if known by the Buyer, would materially affect the Buyer’s release of the Released Parties.

The Buyer specifically waives the provision of any statute or principle of law that provides otherwise. In this connection and to the extent permitted by law, the Buyer agrees, represents and warrants that the Buyer realizes and acknowledges that factual matters now unknown to the Buyer may have given or may hereafter give rise to causes of action, claims, dema nds, debts, controversies, damages, costs, losses, and expenses which are presently unknown, unanticipated and unsuspected, and the Buyer further agrees, represents, and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that the Buyer nevertheless hereby intends to release, discharge, and acquit the Sellers from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses, and expenses. Accordingly, the Buyer, on behalf of itself and anyone claiming by, through or under the Buyer, hereby assumes the above-mentioned risks and hereby expressly waives any right the Buyer or anyone claiming by, through or under the Buyer, may have under Section 1542 of the California Civil Code, which reads as follows:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with debtor.”

Notwithstanding the foregoing, this release shall not apply to, nor shall the Seller be released from, the Seller’s actual fraud or misrepresentation.

8. Hazardous Materials. As used in this Agreement, the term “Hazardous Materials” shall mean any substance, material, or waste which is or becomes, regulated by any local governmental authority, the County of Monterey, the State of California, any regional governmental authority, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley-Tanner Haz ardous Substance Account Act), (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inve ntory), (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (vi ii) methyl tertiary butyl ether, (ix) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (x) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §§6901, et seq. (42 U.S.C. §6903) or (xi) defined as “hazardous substances” 6 pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§9601, et seq.

8.1. Compliance with Laws. The Buyer hereby covenants and agrees to comply with all Hazardous Materials laws applicable to it.

8.2. Indemnity. Without limiting the generality of the indemnification set forth elsewhere in this Agreement, the Buyer hereby agrees to indemnify, protect, and hold harmless the Seller from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all costs and expenses incurred in connection therewith (including, but not limited to, reasonable attorney fees and expenses), arising directly or indirectly, in whole or in part, out of the failure of Buyer or any other person or entity to comply with the Hazardous Materials laws. The foregoing indemnity shall further apply to any residual contamination on or under the Property, including but not limited to the presence of lead-based paint or asbestos, or affecting any natural resources, and to any contamination of any property or natural resources arising in connection with the generation, use, handling, treatment, st orage, transport or disposal or any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with Hazardous Materials laws. The provisions of this subsection shall survive expiration or termination of this Agreement, and shall remain in full force and effect.

8.3. No Limitation. The Buyer hereby acknowledges and agrees that the Buyer’s duties, obligations, and liabilities under this Agreement, including, without limitation, under sections 8.1 and 8.2 above, are in no way limited or otherwise affected by any information the Seller may have concerning the Property and/or the presence within the Property of any Hazardous Materials, whether the Seller obtained such information from the Buyer or from its own investigations.

9. Historic Nature of the Property. Buyer understands and acknowledges that the Property has been determined to be locally historic by the Monterey County Historical Society.

10. Provision Not Merged with Deeds. Unless otherwise specifically set forth herein, none of the provisions of this Agreement are intended to or shall be merged by any grant deed transferring title to any real property which is the subject of this Agreement from Seller to Buyer or any successor in interest, and any such grant deed shall not be deemed to affect or to impair the provisions and the covenants of this Agreement.

11. Brokers. Seller and Buyer each represent to the other than no brokerage commission, finder’s fee or other compensation of any kind is due or owing to any person or entity in connection with this Agreement. Each party agrees to and does hereby indemnify and hold the other free and harmless from any against any and all costs, liabilities or causes of action or proceedings w hich may be instituted by any broker, agent or finder, licensed or otherwise, 7 claiming through, under or by reason of the conduct of the indemnifying party in connection with this Agreement.

12. Waiver, Consent, and Remedies. Each provision of this Agreement to be performed by Buyer and Seller shall be deemed both a covenant and a condition and shall be a material consideration for Seller’s and Buyer’s performance hereunder, as appropriate, and any breach thereof by Buyer or Seller shall be deemed a material default hereunder by such breaching party.

Either party may specifically and expressly waive in writing any portion of this Agreement or any breach thereof, but no such waiver shall constitute a further or continuing waiver of a preceding or succeeding breach of the same or any other provision. A waiving party may at any time thereafter require further compliance by the other party with any breach or provision so waived. The consent by one party to any act by the other for whic h such consent was required shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or any similar acts in the future. No waiver or consent shall be implied from silence or any failure of a party to act, exce pt as otherwise specified in this Agreement. All rights, remedies, undertakings, obligations, options, covenants, conditions and agreements contained in this Agreement shall be cumulative and no one of them shall be exclusive of any other.

13. Attorney’s F ees. In the event any declaratory or other legal or equitable action is instituted between Seller, Buyer and/or Escrow Holder in connection with this Agreement then, as between Buyer and Seller, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including court costs, reasonable attorneys’ fees, expert witness fees, and all fees, costs and expenses incurred on any appeal or in collection of any judgment.

14. Notices. Any notice, request, demand, consent, ap proval or other communication required or permitted hereunder or by law shall be validly given or made only if in writing and delivered in person to an officer or duly authorized representative of the other party, or deposited in the United States mail, duly certified or registered (return receipt requested), postage prepaid, or delivered through another reasonably acceptable method, and addressed to the party for whom intended, as follows:

If to Buyer: City of Salinas
200 Lincoln Avenue
Salinas, California 93901
Attn: City Manager

With a Copy to: City of Salinas
200 Lincoln Avenue
Salinas, California 93901
Attn: City Attorney

If to Seller: Thomas Spencer
2140 Perez St
8 Salinas, California 93906

15. Gender and Number. In this Agreement (unless the context requires otherwise), the masculine, feminine and neuter genders and the singular and the plural shall be deemed to include one another, as appropriate.

16. Entire Agreement. This Agreement and its attachments constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understanding of the parties her eto, oral or written, express or implied, are hereby superseded and merged herein.

17. Captions. The captions used herein are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions hereof.

18. Governing Law. This Agreement and the exhibits attached hereto have been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California.

19. Counterparts. This Agreement may be executed in counterparts, each of which when executed shall, regardless of the date of its execution and delivery, be deemed an original, and all counterparts together shall constitute one and the same instrument.

20. Invalidity of Provision. If any provision of this Agreement as applied to any party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provi sion of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.

21. Amendments. No addition to or modification of any provision c ontained in this Agreement shall be effective unless fully set forth in writing by Buyer and Seller.

22. Time of Essence. Time is of the essence of each provision of this Agreement.

23. Survival. All agreements, representations and warranties contained herein shall survive the Closing.

24. Binding Upon Successors. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereof.

9 25. Parties no Co-Venturers. Nothing in this Agreement is intended to or does establish the parties as partners, co-venturers or principal and agent with one another.

26. Action by the City. Except as may be otherwise specifically provided in this Agreement, whenever any approval, notice, direction, finding, consent, request, waiver or other action by the City is required or permitted under this Agreement, such action may be given, made or taken by the City Manager or by any person who shall have been designated in writing to the Buyer by the City Manager without further approval by the City Council. Any such action shall be in writing.

IN WITNESS WHEREOF, the parties have executed this Agree ment as of the date set forth above.

CITY OF SALINAS

__________________________
Kimbley Craig, Mayor

APPROVED AS TO FORM:

___________________________
Christopher A. Callihan, City Attorney

SELLER

____________________________
Jan Chin, Executor of Estate to Estate of Parker Chin

_____________________________
Julie Ahtye Yee, Trustee of the Wallace J, Ahtye and Peggy A. Ahtye Trust Agreement under Trust Agreement dated September 26,1995

_____________________________
Warren F Ahtye, Trustee of the Ahtye Family Revocable Trust Dated April 18, 1995

10 EXHIBIT A

Legal Description

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SALINAS, COUNTY OF MONTEREY, STATE OF CALIFORNIA AND IS DESCRIBED AS OLLOWS:

Lots M, N, O, and P, in Block 7, as said Lots and Block are shown on that certain map entitled, "Map of Salinas City, Monterey County, California," commonly known as Sherwood and Hellmans Map of Salinas City, Surveyed by W.W. Dodd, Surveyor, filed November 7, 1868 in Volume 1, Maps of "Cities and Towns," at Page 36, in the Office of the County Recorder of the County of Monterey, State of California.

EXCEPTING THEREFROM a small portion of the Southwest corner of said premises embraced in the Southern Pacific Railroad right of way.

ALSO EXCEPTING THEREFROM that portion thereof as described in the Grant Deed to Salinas, a municipal corporation, recorded January 27,1981 in Reel 1461, Page 102, of Official Records, and recorded February 12,1981 in Reel 1464, Page 132, of Official Records. 11 EXHIBIT B

RECORDING REQUESTED BY

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

WHEN RECORDED MAIL TO
AND MAIL TAX STATEMENTS TO:

EXEMPT FROM RECORDER’S FEES
Pursuant to Government Code §6103

(ABOVE SPACE FOR RECORDER’S USE
ONLY)
* This Instrument is exempt from payment of Documentary Transfer Tax pursuant to Section 11922 of the Revenue and Taxation Code, as amended.

GRANT DEED
For valuable consideration, Jan Chin Executor of Estate to Estate of Parker Chin, one-third (1/3) ownership interest; Julie Ahtye, Trustee of the Wallace J. Ahtyee and Peggy A. Ahtye Trust Agreement under Trust Agreement dated September 26, 1995, one -third (1/3) ownership interest, and Warren F. Ahtye, Trustee of the Ahtye Family Revocable Trust dated April 18, 1995, one-third (1/3) ownership interest
Hereby GRANT(S) to CITY OF SALINAS, a California municipal corporation and charter city ,does hereby REMISE, RELEASE AND FOREVER QUITCL AIM, all of the right, title and interest of Grantor in and to that certain real property situated in the City of Salinas, County of Monterey, State of California, more particularly described on Attachment No. 1 attached hereto and incorporated herein by this reference.

12 Dated this ____ day of _______, 20__.
____________________________
Jan Chin, Executor of Estate to Estate of Parker Chin

_____________________________
Julie Ahtye Yee, Trustee of the Wallace J, Ahtye and Peggy A. Ahtye Trust Agreement u nder Trust Agreement dated September 26,1995

_____________________________
Warren F Ahtye, Trustee of the Ahtye Family Revocable Trust Dated April 18, 1995

CERTIFICATE OF ACCEPTANCE
City Resolution No.: _______

THIS IS TO CERTIFY THAT the interest in real property conveyed by the deed or grant dated ________________, 2022 from

JAN CHIN EXECUTOR OF ESTATE TO ESTATE OF PARKER CHIN AND JULIE

AHTYE YEE TRUSTEE OF THE WALLACE J AHTYE AND PEGGY A AHTYE TRUST AGREEMENT UNDER TRUST AGREEMENT DATED SEPTEMBER 26, 1995 AND WARREN F. AHTYE, TRUSTEE OF TRUST A OF THE AHTYE FAMILY REVOCABLE TRUST DATED APRIL 18, 1995
to

CITY OF SALINAS , A POLITICAL CORPORATION AND/OR GOVERNMENTAL AGENCY
is hereby accepted by order of the Salinas City Council on December 13, 202 2, (or by the undersigned officer or agent on behalf of the City of Salinas pursuant to authority conferred by Resolution 5849 of the Salinas City Council adopted on November 22, 1965), and the grantee consents to recordation thereof by its duly authorized officer.

DATE:

Kimbley Craig, Mayor

1 PURCHASE AND SALE AGREEMENT
(37 SOLEDAD STREET)

This Purchase and Sale Agreement (“Agreement”) is dated as of December 13, 20 22 (“Effective Date”), and i s being entered into by and between the City of Salinas, a California charter city and municipal corporation hereinafter referred to as “ Buyer”, and Julie Ahtye Yee trustee of the Wallace J Ahtye and Peggy A Ahtye trust agreement under trust agreement dated September 26, 1995 and Warren F. Ahtye, trustee of trust a of the Ahtye family revocable trust dated April 18, 1995 hereinafter referred to as “Seller”, for the acquisition by Buyer of certain real property described below.

RECITALS

A. The Sellers are the owners in fee of that certain real property consisting of approximately 6,508 square feet of land (inclusive of the lot and a building) generally located at 37 Soledad Street (Assessor’s Parcel Number [APN] 002 -191-012-000) in the City of Salinas, Cou nty of Monterey, State of California (“Property”) as more particularly described in the attached “Exhibit A”.

B. The Property is currently developed with a two-story dilapidated building in need of dire remediation.

C. The Seller has authority to convey the Property and the Buyer to accept pursuant to the City’s Charter and Resolution No. 5849 (N.C.S). The City Council, in approving this Agreement, finds and determines, among other things, that the Property is beneficial for municipal purposes and that the purchase of the Property pursuant to the terms of this Agreement will benefit the residents of the City and promote the health, safety, and welfare of such residents by (1) the rehabilitation and re-use of a long -neglected building in the City’s Chinatown area, and (2) the implementation of the Chinatown Revitalization Plan.

D. The Buyer agrees to lease a portion of the Property to the Asian Cultural Experience (ACE) for the purpose of creating a Cultural Center after close of escr ow if the building is made code complaint within ten (10) years. If the Buyer is unable to make the building code complaint within the above-mentioned timeframe; the Buyer has no obligation to ACE for the use of the Property for a cultural center. The Buyer acknowledges that ACE wishes to keep the exterior sign of the building for the use of showcasing for the purpose of an Arts and Cultural Center and must be returned to the Property and ownership of the Buyer if ACE loses its 501 (c)(3) standing. ACE is responsible for all costs associated with the relocation of the sign.

E. The City Council finds and determines that the purchase of the Property, as set forth in this Agreement, is in the best interests of the City.

2 NOW, THEREFORE, Buyer and Seller agree as follows;

1. Agreement to Sell and to Purchase. Buyer agrees to buy the Property from Seller and Seller agrees to sell the Property to Buyer upon the terms and for the consideration set forth in this Agreement.

2. Purchase Price. The purchase price of the Property is Two Hundred Thousand Dollars ($200,000.00) to be paid in cash to the Seller by the Buyer at the Close of Escrow.

3. Opening Escrow. To accomplish the purchase and the transfer of the Property from the Seller to the Buyer, the Seller and Buyer shall establish an escrow with the Salinas, California escrow office of First American Title Company, or such other title company mutually selected by Buyer and Seller (the “Escrow Holder”). The Buyer and the Seller shall execute and deliver written instructions to the Escrow Holder to accomplish the terms hereof, which instructions shall be consistent with this Agreement.

4.1. The Seller shall have executed and delivered to the Buyer or the Escrow Holder all documents and instruments required to be executed and delivered, all in form and substance satisfactory to both Buyer and Escrow Holder, and the Buyer shall have submitted full payment of the Property Purchase Price.

4.3. All representations and warranties of the parties contained herein shall be true and correct as of the Close of Escrow.

4.4. The Sale is contingent of the appraised value at a minimum of purchase price .

Any and all expenses incurred relating to inspec ting the Property by Buyer shall be borne by Buyer.

4.5. Ad valorem taxes, if any, shall be prorated as of the date of conveyance of the Property from the Seller to the Buyer. Seller and the Buyer shall each pay half of the cost of title insurance, tra nsfer tax, Escrow Holder document preparation, recordation fees, premiums of owners and lenders title insurance and the escrow fees of the Escrow Holder, if any, and any additional costs to close the escrow. The costs borne by Buyer are in addition to the Purchase Price for the Property.
3 4.6. The Sale is contingent of the appraised value at a minimum of purchase price.

Any and all expenses incurred relating to inspecting the Property by Buyer shall be borne by Buyer.

5. Conveyance of Title and Possession. Seller agrees to convey by Grant Deed (in substantially the form shown on the attached (Exhibit B) to Buyer all of Seller’s title and interest in and to the Property. Notwithstanding anything to the contrary set forth herein, the Seller makes no representation or warranty regarding title to the Property or the removal of any Exceptions from title to the Property. Further, Seller has no obligation to provide title to the Property clear of encumbrances and shall not incur any liability for title defects unless Seller expressly agrees to remove one or more encumbrances pursuant to this Section; however, Buyer shall not be obligated to accept title to the Property unless it is conveyed free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, taxes and other title or survey matters (“ Exceptions”) except such matters which are acceptable to the Buyer, in Buyer’s sole discretion, following Buyer’s review of a title report to be provided by the Seller or Escrow Company.

5.1 Tenant to Remain in Possession. Buyer shall take the Property subject to the rights of existing tenants, and under the terms and conditions specified in “Exhibit C”.

5.2 Proposed Changes. Seller shall give Buyer written notice of (i) any changes to existing leases or tenancies; (ii) new agreements to lease or rent.

6 Title Insurance Policy. Escrow Holder shall, following recording of the Deed, provide Buyer with a standard owner’s CLTA (or extended coverage ALTA, at the request of Buyer) policy of title insurance in the amount of the Purchase Price, issued by the Title Company, together wit h any endorsements and additional coverage reasonably requested by Buyer, showing fee simple title to the Property vested in Buyer, subject only to the Exceptions set forth in Section 5 approved by Buyer and the printed exceptions and stipulations in the policy. Title charges shall be evenly split by the Buyer and Seller.

7 Condition of Property.

7.1. “As Is Purchase”. Prior to the Effective Date, the Buyer was provided the opportunity to investigate the Property and has approved the physical condition thereof. The Seller specifically acknowledges and agrees that the Seller is selling and the Buyer is buying the Property on an “AS I S WITH ALL FAULTS” basis and that the Buyer is not relying on any representations or warranties of any kind whatsoever, express or implied, from the Seller as to any matters concerning the Property, including without limitation (1) the quality, nature, adequacy, and physical condition of the property (including, without limitation, topo graphy, climate, air, water rights, water, gas electricity, utility services, grading, drainage, sewers, access 4 to public roads and related conditions); (2) the quality, nature, adequacy, and physical condition of soils, geology, and groundwater; (3) the e xistence, quality, nature, adequacy, and physical condition of utilities serving the Property; (4) the development potential of the Property, and its use, habitability, merchantability, or fitness, suitability, value or adequacy of the property for any particular purpose; (5) the zoning or other legal status of the Property or any other public or private restrictions on the use of the Property; (6) the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordina nces, covenants, conditions, and restrictions of any governmental or quasi -governmental entity or of any other person or entity; (7) the presence or absence of hazardous materials on, under or about the Property or the adjoining and neighboring Property; and (8) the condition of title to the Property.

The Buyer affirms that it has not relied on the skill or the judgment of the Seller or any of its respective agents, employees or contractors to select or furnish the Property for any particular purpose, and that the Seller makes no warranty that the Property it fit for any particular purpose. The Buyer acknowledges that it shall use its independent judgment and make its own determination as to the scope and the breadth of its due diligence investigation whic h investigation of the physical, environmental, economic, and legal condition of the Property (including, without limitation, whether the Property is located in an area which is designated as a special flood hazard area, dam failure inundation area, earthq uake fault zone, seismic hazard zone, high fire severity area or wildland fire area, by any federal, state or local entity). The Buyer undertakes and assumes all risks associated with all matters pertaining to the Property location in any area designated as a special flood hazard area, dam inundation area, earthquake fault zone, seismic hazard zone, high fire severity area or wildland fire area, by any federal, state or local entity.

7.2. Survival. The terms and the conditions of this section 7 shall expressly survive the Close of Escrow, shall not merge with the provisions of the Grant Deed, or any other closing documents and shall be deemed to be incorporated by reference into the Grant Deed. The Seller is not liable or bound in any manner by any oral or written statements, representations or information pertaining to the Property furnished by any contractor, agent, employee, servant or other person. The Buyer acknowledges that the Purchase Price reflects the “as is” nature of this sale and any faults, liabilities, defects or other adverse matters that may be associated with the Property. The Buyer has fully reviewed the disclaimers and waivers set forth in this Agreement with the Seller’s counsel and understands the significance and effect thereof.

7.3. Acknowledgement. The Buyer acknowledges and agrees that (i) to the extent required to be operative, the disclaimers of warranties contained in this section are “conspicuous” disclaimers for pu rposes of all applicable laws and other legal requirements, and (ii) the disclaimers and other agreements set forth in such sections are an integral part of this Agreement, that the Purchase Price has been adjusted to reflect the same and that the Seller would not have agreed to sell the Property to the Buyer for the Purchase Price without the disclaimers and other agreements set forth in this section.

5 7.4. Buyer’s Release of the Seller. The Buyer, on behalf of itself and anyone claiming by, through or under the Buyer, hereby waives its right to recover from and fully and irrevocably releases the Seller and its representatives and agents (“Released Parties”) from any and all claims, responsibility and/or liability that the Buyer may have or he reafter acquire against any of the Released Parties for any costs, loss, liability, damage, expenses, demand, action or cause of action arising from or related to (i) the condition (including any construction defects, errors, omissions or other conditions, latent or otherwise), valuation, salability or utility of the Property, or its suitability for any purpose whatsoever, (ii) any presence of Hazardous Materials (as hereinafter defined), and (iii) any information furnished by the Released Parties under or in connection with this Agreement.

7.5. Scope of Release. The release set forth in section 7. 3 hereof includes claims of which the Seller is presently unaware or which the Seller does not presently suspect to exist which, if known by the Seller, would materially affect the Seller’s release of the Released Parties.

The Seller specifically waives the provision of any statute or principle of law that provides otherwise. In this connection and to the extent permitted by law, the Seller agrees, represents and warrants that the Seller realizes and acknowledges that factual matters now unknown to the Seller may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses, and expenses which are presently unknown, unanticipated and unsuspected, and the Seller further agrees, represents, and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that the Seller nevertheless hereby intends to re lease, discharge, and acquit the Sellers from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses, and expenses. Accordingly, the B, on behalf of itself and anyone claiming by, through or under the Buyer, hereby assumes the above -mentioned risks and hereby expressly waives any right the Buyer or anyone claiming by, through or under the Buyer, may have under Section 1542 of the California Civil Code, which reads as follows:

Notwithstanding the foregoing, this release shall not apply to, nor shall the Seller be released from, the Seller’s actual fraud or misrepresentation.

8 Hazardous Materials. As used in this Agreement, the term “Hazardous Materials” shall mean any substance, material, or waste which is or becomes, regulated by any local governmental authority, the County of Monterey, the State of California, any regional governmental authority, or the United States Government, including, but not li mited to, any material or substance which is (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Co de, Division 20, Chapter 6.5 (Hazardous 6 Waste Control Law), (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley-Tanner Hazardous Substance Account Act), (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (viii) methyl tertiary butyl ether, (ix) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (x) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §§6901, et seq. (42 U.S.C. §6903) or (xi) defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§9601, et seq.

8.1. Compliance with Laws. The Buyer hereby covenants and agrees to comply with all Hazardous Materials laws applicable to it.

8.2. Indemnity. Without limiting the generality of the indemnification set forth elsewhere in this Agreement, the Buyer hereby agrees to indemnify, protect, and hold harmless the Seller from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all costs and expenses incurred in connection therewith (including, but not limited to, reasonable attorney fees and expenses), arising directly or indirectly, in whole or in part, out of the failure of Buyer or any other person or entity to comply with the Hazardous Materials laws. The foregoing indemnity shall further apply to any residual contamination on or under the Property, including but not limited to the presence of lead-based paint or asbestos, or affecting any natural resources, and to any contamination of any property or natural resources arising in connection with the generation, use, handling, treatment, storage, transport or disposal or any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with Hazardous Materials laws. The provisions of this subsection shall survive expiration or termination of this Agreement, and shall remain in full force and effect.

9. Historic Nature of the Property. City understands and acknowledges that the Property has been determined to be listed on the National Registry of Historic Places by the National Historic Park Service through the Preservation Act of 1966. 7 10. Provision Not Merged with Deeds. Unless otherwise specifically set forth herein, none of the provisions of this Agreement are intended to or shall be merged by any grant deed transferring title to any real property which is the subject of this Agreement from Seller to Buyer or any successor in interest, and any such grant deed shall not be deemed to affect or to impair the provisions and the covenants of this Agreement.

11. Brokers. Seller and Buyer each represent to the other than no brokerage commission, finder’s fee or other compensation of any kind is due or owing to any person or entity in connection with this Agreement. Each party agrees to and does hereby indemnify and hold th e other free and harmless from any against any and all costs, liabilities or causes of action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying party in connection with this Agreement.

Either party may specifically and expressly waive in writing any portion of this Agreement or any breach thereof, but no such waiver shall constitute a further or continuing waiver of a preceding or succeeding breach of the same or any other provision. A waiving party may at any time thereafter require further compliance by the other party with any breach or provision so waived. The consent by one party to any act by the other for which such consent was required shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or any similar acts in the future. No waiver or consent shall be implied from silence or any failure of a party to act, except as otherwise specified in this Agreement. All rights, remed ies, undertakings, obligations, options, covenants, conditions and agreements contained in this Agreement shall be cumulative and no one of them shall be exclusive of any other.

13. Attorney’s Fees. In the event any declaratory or other legal or equitable action is instituted between Seller, Buyer and/or Escrow Holder in connection with this Agreement then, as between Buyer and Seller, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including court costs, reasonable attorneys’ fees, expert witness fees, and all fees, costs and expenses incurred on any appeal or in collection of any judgment.

14. Notices. Any notice, request, demand, consent, approval or other communication required or permitted hereunder or by law shall be validly given or made only if in writing and delivered in person to an officer or duly authorized representative of the other party, or deposited in the United States mail, duly certified or registered (return receipt requested), postage prepaid, or delivered through another reasonably acceptable method, and addressed to the party for whom intended, as follows:
8 If to Buyer City of Salinas
200 Lincoln Avenue
Salinas, California 93901
Attn: City Manager

With a Copy to: City of Salinas
200 Lincoln Avenue
Salinas, California 93901
Attn: City Attorney

If to Seller: Thomas Spencer
2140 Perez St
Salinas, CA 93906

16. Entire Agreement. This Agreement and its attachments constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understandin g of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein.

17. Captions. The captions used herein are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions hereof.

20. Invalidity of Provision. If any provision of this Agreement as applied to any party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.
9 21. Amendments. No addition to or modi fication of any provision contained in this Agreement shall be effective unless fully set forth in writing by Buyer and Seller.

22. Time of Essence. Time is of the essence of each provision of this Agreement.

23. Survival. All agreements, representations and warranties contained herein shall survive the Closing.

25. Parties no Co-Venturers. Nothing in this Agreement is intended to or does establish the parties as partners, co-venturers or principal and agent with one another.

26. Action by the City. Except as may be otherwise specifically provided in this Agreement, whenever any approval, notice, direction, finding, consent, request, waiver or other action by the City is required or permitted under this Agreement, such action may be given, made or taken by the City Manager or by any person who shall have be en designated in writing to the Buyer by the City Manager without further approval by the City Council. Any such action shall be in writing.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

CITY OF SALINAS

__________________________
Kimbley Craig, Mayor

APPROVED AS TO FORM:

___________________________
Christopher A. Callihan, City Attorney

10 SELLER

____________________________
Julie Ahtye Yee, Trustee of the Wallace J, Ahtye and Peggy A. Ahtye Trust Agreement under Trust Agreement dated September 26,1995

_____________________________
Warren F Ahtye, Trustee of the Ahtye Family Revocable Trust Dated April 18, 1995

11 EXHIBIT A

Legal Description

Real property in the City of Salinas, County of Monterey, State of California, described as follows:

LOT "J" IN BLOCK FOURTEEN (14), AS SAID LOT AND BLOCK ARE SHOWN ON MAP ENTITLED, "MAP OF SALINAS CITY, MONTEREY COUNTY, CALIFORNIA", COMMONLY KNOWN AS SHERWOOD AND HELLMANS MAP OF SALINAS CITY, SURVEYED BY W. W.

DODD, SURVEYOR, FILED FOR RECORD NOVEMBER 7, 1868 IN THE OFFICE OF THE

COUNTY RECORDER OF THE COUNTY OF MONTEREY, STATE OF CALIFORNIA, IN VOLUME 1 OF MAPS, "CITIES AND TOWNS", AT PAGE 36.

EXHIBIT B

RECORDING REQUESTED BY

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

WHEN RECORDED MAIL TO
AND MAIL TAX STATEMENTS TO:

EXEMPT FROM RECORDER’S FEES
Pursuant to Government Code §6103

(ABOVE SPACE FOR RECORDER’S USE
ONLY)
* This Instrument is exempt from payment of Documentary Transfer Tax pursuant to Section 11922 of the Revenue and Taxation Code, as amended.

GRANT DEED
For valuable consideration, Julie Ahtye Yee, Trustee of the Wallace J Ahtye and Peggy A Ahtye trust agreement under trust agreement dated September 26, 1995 and warren f.

Ahtye, Trustee of trust a of the Ahtye family revocable trust dated April 18, 1995 Hereby GRANT(S) to CITY OF SALINAS, a California municipal corporation and charter city ,does hereby REMISE, RELEASE AND FOREVER QUITCLAIM , all of the right, title and interest of Grantor in and to that certain real property situated in the City of Salinas, County of Monterey, State of California, more particularly described on Attachment No. 1 attached hereto and incorporated herein by this reference.

12 13

Dated this ____ day of _______, 20__.

____________________________
Julie Ahtye Yee, Trustee of the Wallace J, Ahtye and Peggy A. Ahtye Trust Agreement under Trust Agreement dated September 26,1995

_____________________________
Warren F Ahtye, Trustee of the Ahtye Family Revocable Trust Dated April 18, 1995

CERTIFICATE OF ACCEPTANCE
City Resolution No.: _______

THIS IS TO CERTIFY THAT the interest in real property conveyed by the deed or grant dated ________________, 2022 from

JULIE AHTYE YEE TRUSTEE OF THE WALLACE J AHTYE AND PEGGY A AHTYE TRUST AGREEMENT UNDER TRUST AGREEMENT DATED SEPTEMBER 26, 1995 AND WARREN F. AHTYE, TRUSTEE OF TRUST A OF THE AHTYE FAMILY REVOCABLE TRUST DATED APRIL 18, 1995
to

CITY OF SALINAS , A POLITICA L CORPORATION AND/OR GOVERNMENTAL AGENCY
is hereby accepted by order of the Salinas City Council on December 13, 202 2, (or by the undersigned officer or agent on behalf of the City of Salinas pursuant to authority conferred by Resolution 5849 of the Salinas City Council adopted on November 22, 1965), and the grantee consents to recordation thereof by its duly authorized officer.

DATE:

Kimbley Craig, Mayor

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-679, Version: 1
Agreement for Services - Benitez Security Services, Inc.

Approve a Resolution authorizing the City Manager or designee to execute an Agreement for Services with Benitez Security Services, Inc. in an amount not to exceed $486,000 to provide 24-hour security for the City/County Emergency Motel Program.

City of Salinas Printed on 12/7/2022Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: DECEMBER 13, 2022
DEPARTMENT: COMMUNITY DEVELOPMENT DEPARTMENT
FROM: MEGAN HUNTER, DIRECTOR
THROUGH: ROD POWELL, PLANNING MANAGER
BY: MARIA CAMBRON, COMMUNITY DEVELOPMENT ANALYST
TITLE: AGREEMENT FOR SERVICES - BENITEZ SECURITY SERVICES, INC.

RECOMMENDED MOTION:

A motion to a pprove a Resolution authorizing the City Manager or designee to execute an Agreement for Services with Benitez Security Services, Inc. in an amount not to exceed $486,000 to provide 24-hour security for the City/County Emergency Motel Program.

EXECUTIVE SUMMARY:

The City of Salinas (City) currently serves as the administrative entity for an Emergency Motel Program (EMP) jointly funded by the City and County of Monterey (County) to provide immediate housing to unhoused individuals. The program is jointly funded by City and County American Rescue Plan Act (ARPA) and County Project RoomKey (PRK) funds.

On October 4, 2022, Council authorized the execution of an Agreement for Services (Agreement) with Benitez Security, Inc. (BSI) to provide 24-hour security for the EMP site through to December 31, 2022. This Agreement is funded by County ARPA funding. In recognition of the full expenditure of available County PRK and ARPA funding allocations for security and to maintain required 24-hour security, the City is seeking to execute a new Agreement with BSI supported solely by City ARPA funds. The City will continue to assume a direct administrative role under the proposed Agreement for Services within the Community Development Department’s Housing and Community Development Division.

BACKGROUND:

The City, with co -funding from the County of Monterey, has been operating its EMP since November 2021 . In support of this 50 -plus room program and to maintain effective, secure operations at the program site, the City entered into a n Agreement for Services with Benitez Security Services, Inc. on October 4, 2022. This Agreement has an end term of December 31, Page | 2
2022 and was funded exclusively with Monterey County American Rescue Plan Act (ARPA) funds.

The proposed agreement with Benitez Security Services, Inc. will continue to provide the necessary 24-hour, on-site program security for the EMP with the term of January 1, 2023, through June 30, 2023, at a cost not to exceed $ 486,000. Funding for this new Agreement will be from previously allocated City ARPA funds. The proposed agreement also has an option for a month- to-month extension, if desired.

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 Housing & Community Development Division with contributions from both the City Attorney and Finance Department.

FISCAL AND SUSTAINABILITY IMPACT:

Funding to support the execution of this Agreement for Services are appropriated and available in the American Rescue Plan Act (ARPA) fund.

ATTACHMENTS:

Resolution
Agreement for Services – Benitez Security Services, Inc.- Draft

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

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREMENT FOR SERVICES WITH BENITEZ SECURITY SERVICES, INC.

WHEREAS, the City of Salinas (City) currently serves as the administrative entity for an Emergency Motel Program (EMP) jointly funded by the City and County of Monterey (County) to provide immediate housing to unhoused individuals; and

WHEREAS, On October 4, 2022, Council authorized the execution of an Agreement for Services (Agreement) with Benitez Security, Inc. (BSI) to provide 24 -hour security for the EMP site through to December 31, 2022; and

WHEREAS, in recognition of the full expenditure of available County PRK and ARPA funding allocations for security and to maintain required 24 -hour program site security, the City is seeking to execute a new Agreement with BSI supported solely by City ARPA funds; and

WHEREAS, the proposed agreement with Benitez Security Services, Inc. will continue to provide the necessary 24-hour, on-site program security for the EMP with the term of January 1, 2023, through June 30, 2023, at a cost not to exceed $486,000; and

WHEREAS, the proposed agreement also has an option for a month -to-month extension, if desired.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Salinas that pursuant to Salinas Municipal Code section 12-27 and section 12-28.080 it hereby authorizes the City Manager or designee, for and on behalf of the City of Salinas, to execute this Agreement along with any amendments, contracts or related documents that are deemed necessary to carry out the terms and conditions as set forth in the Agreement as presented to the City Council on this date.

PASSED AND APPROVED this 13th day of December 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_____________________________________________
Kimbley Craig, Mayor

ATTEST:

__________________________________
Patricia M. Barajas, City Clerk

FISCAL YEAR 2022‐23
AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALINAS AND
BENITEZ 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.

January 2023

FISCAL YEAR 2022-23

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF SALINAS
AND
BENITEZ SECURITY SERVICES, INC.

FOR

SECURITY SERVICES FOR THE ARPA/PRK MOTEL PROGRAM
Agreement Number: 22ARPA04

THIS AGREEMENT is executed this 1 st day of December 2022, (“Agreement” or “Contract”) between the City of Salinas, a Ca lifornia Charter city a nd municipal corporation (hereinafter “City”) and Benitez Security Services, Inc., a California corporation (Hereinafter “Contractor”).

IT IS HEREBY MUTUAL LY AGREED AS FOLLOWS:

1. Scope. Contractor hereby agrees to provide the City, security services for the 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 fash ion, 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 January 1st, 2023, and shall be completed by June 30th, 2023, unless City grants a written extension of time as set forth in Section 2 above. This Agreement may be extended only upon mu tual 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 four hundred eighty-six thousand dollars ($486,000). 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 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.

Agreement for Services v. January 2021 Page 2 of 7
Benitez Security Services, Inc.

January 2023

7. Indemnification. Contractor shall hold harmless, defend at its own expense, and indemnify City and its officers, officials, empl oyees, 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 Cont ractor 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 s ubcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them ma y be liable, except wher e 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 he ld by a court of competent jurisdiction to be invalid, void or unenforceable, the remain ing 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 regul ations. This Agreement shall be governed by and construed in accordance with the laws of the State of Cali fornia, County of Monterey, and City of Salinas.

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

CITY OF SALINAS

CONTRACTOR

Steve Carri
gan, City Manager Jesus Benitez, Chief Executive Office r Agreement for Services v. January 2021 Page 3 of 7
Benitez Security Services, Inc.

January 2023

APPROVED AS TO FORM:

Christopher A. Callihan, City Attorney, or
Rhonda Combs, Assistant Cit
y Attorney

Agreement for Services v. January 2021 Page 4 of 7
Benitez Security Services, Inc.

January 2023

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, includi ng 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 gene ral 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 Califo rnia, 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 envir onmental hazards): with li mits 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 requi res and shall be entitled to the broa der coverage and/or higher limits maintained by the Contractor. Any available in surance 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 an d 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, a nd 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 Agreement for Services v. January 2021 Page 5 of 7
Benitez Security Services, Inc.

January 2023

with such work or operations and automobiles ow ned, leased, hired, or borrowed by 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/reme diation, the Contractor’s Pollu tion 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 in surers authorized to conduct busin ess 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 wa ive rights of subrogation which a ny 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 endorse d 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 Insuranc e 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 Co ntractor shall ensure that C ity is an additional insured on Agreement for Services v. January 2021 Page 6 of 7
Benitez Security Services, Inc.

January 2023

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 Contr actor as specified shall in no way be interpreted as relieving 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 requirem ents, 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.

January 2023

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 January 1, 2023 WEEKL Y 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 re ndered 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#22-680, Version: 1
Acceptance of Additional California Department of Housing and Community Development Continuum of Care Emergency Solutions Grant Coronavirus Program Rapid Rehousing Funds Approve a Resolution authorizing the acceptance of $150,000 of additional California Department of Housing and Community Development CoC Program Emergency Solutions Grant Covid-19 Rapid Rehousing funds; and an increase of $150,000 to the ESG-CV HCD fund appropriation for the California Department of Housing and Community Development CoC Program Emergency Solutions Grant Covid-19 program; and authorizing the City Manager or designee, on behalf of and for the City of Salinas and CoC CA-506 Leadership Council, to execute all agreements or amendments necessary to receive and allocate additional HCD CoC ESG-CV Rapid Rehousing funds to awarded agencies.

City of Salinas Printed on 12/7/2022Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: DECEMBER 13, 2022
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: MEGAN HUNTER, COMMUNITY DEVELOPMENT DIRECTOR

THROUGH: ROD POWELL, PLANNING MANAGER

BY: MARIA CAMBRON, COMMUNITY DEVELOPMENT ANALYST

TITLE: ACCEPTANCE OF ADDITIONAL CALIFORNIA DEPARTMENT

OF HOUSING AND COMMUNITY DEVELOPMENT

CONTINUUM OF CARE EMERGENCY SOLUTIONS GRANT

CORONAVIRUS PROGRAM FUNDS

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing:

1. the acceptance of $150,000 of additional California Department of Housing and Community Development CoC Program Emergency Solutions Grant Covid -19 Rapid Rehousing funds; and

2. an increase of $ 150,000 to the ESG -CV HCD fund appropriation and cor responding revenue budget for the California Department of Housing and Community Development CoC Program Emergency Solutions Grant Covid-19 program; and

3. the City Manager or designee, on behalf of and for the City of Salinas and CoC CA -506 Leadership Council, to execute all agreements and documents necessary to receive and allocate additional HCD CoC ESG -CV Program Rapid Rehousing funds to awarded agencies.

EXECUTIVE SUMMARY:

The City currently serves as the Administrative Entity (AE) for the local CA -506 Salinas/Monterey/San Benito Co ntinuum of Care (CoC) Emergency Solution Grant (ESG) program. In this capacity, CDD Housing & Community Development staff have administered the CoC’s annual HCD ESG allocation as well as its one-time ESG-CV funding.

Recently, the State of California Department of Housing and Community Development (HCD) notified the City of an additional $3.8 million dollars in CoC ESG-CV program funds available to qualifying jurisdictions statewide to support Rapid Rehousing (RRH) services and activities.

Eligible jurisdictions are those who have expended a minimum of fifty percent (50%) of their allocated ESG-CV funds. Having met this expenditure criteria, the CA-506 CoC is eligible to receive an additional $150,000 of ESG-CV funds.

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BACKGROUND:

On July 20, 2020, the City, as the AE for HCD CoC ESG funding, submitted a required HCD application outlining its plan to spend an available ESG-CV allocation of $857,100 within the CoC CA-506’s jurisdiction encompassing all of Monterey and San Benito counties. HCD notified the City on October 27, 2020, of its application approval and authorized the City to move forward with the planned award of funds to various sub -provider homeless services programs throughout the CoC under an initial expenditure deadline of September 30, 2022.

On October 21, 2020, the City summitted a second HCD application for an additional $3,125,000 ESG-CV Round 2 funds and was awarded on February 19, 2021 , with the same expenditure deadline. ESG-CV funds may be us ed in support of program administration, emergency shelter, homeless prevention, rapid rehousing, and homeless management information systems. RRH funds are intended to provide vital housing supports such as rental assistance, landlord incentives, security deposits, and the provision of necessary household items to ensure the successful transition to permanent housing.

On November 3, 2022, following the issuance of an expenditure deadline extension to September 30, 2023, HCD advised the City that it was identified as one of a few jurisdictions to receive an additional $150,000 in CoC ESG-CV funding specific to the provision of rapid rehousing activities and supports.

DISCUSSION:

In response to HCD’s notification, on November 4, 2022, City staff reached out to each of the four (4) currently awarded CoC ESG -CV RRH service providers to gauge their interest in and ability to expend additional RRH funds by the HCD newly stipulated expenditure deadline. Of the four agencies, only two (2) expressed an interest and ability to accept additional funds to continue or expand their current program activities. However, combined initial funding requests from the two agencies exceeded additional funds available. In an effort to support each program, City staff are recommending an equitable distribution of $75,000 to each agency.

The table below, identifies both the funding requested and recommended for each agency.

In accordance with HCD regulations, the CoC CA -506 Leadership Council serves as the final approving body for all HCD CoC ESG related funding. However, the City, as the CoC AE, accepts and administers the funding on behalf of the CoC and facilitates and executes all necessary Agency Name Interest Amount Requested Staff Recommendation Community Homless Solutions Yes $75,000 $75,000
Community Human Services Yes $100,000 $75,000
Central Coast Center for Independent Living No 0 0
San Benito County No 0 0
$175,000 $150,000
HCD CoC ESG-CV Additional Rapid Rehousing Funds - $150,000 Total
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administrative activities and reporting , including provision of an HCD required Resolution, through its City Council.

DEPARTMENT COORDINATION:

This agenda item is solely administered by the Community Development Department with contributions from both the City Attorney and Finance Department . Additional external coordination with the CoC Leadership Council and Coalition of Homeless Services Providers staff is ongoing.

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:

HCD CoC ESG-CV funds are instrumental in providing unhoused individuals with vital financial assistance, rental assistance, housing navigations and other permanent housing supports in partnership with homeless service agencies. This additional funding will support activities and projects that support City Council 2022-2025 Goals and Strategies including Housing/Affordable Housing and Effective and Culturally Responsible Government.

FISCAL AND SUSTAINABILITY IMPACT:

Acceptance of this additional $150,000 in CoC ESG-CV RRH funds will require a corresponding increase in the ESG-CV HCD fund appropriation. No matching City funds are required.

ATTACHMENTS:

Resolution – City Format
Resolution – State HCD Format
1 RESOLUTION NO. ( N.C.S.)

A RESOLUTION OF THE SALINAS CITY COUNCIL

ACCEPTING ADDITIONAL CALIFORNIA DEPARTMENT OF HOUSING AND

COMMUNITY DEVELOPMENT EMERGENCY SOLUTIONS GRANTS

CORONAVIRUS PROGRAM FUNDS

WHEREAS, the City of Salinas currently serves as the Administrative Entity (AE) for the local CA-506 Salinas/Monterey/San Benito Continuum of Care (CoC) Emergency Solution Grant (ESG) – Coronavirus (CV) program; and

WHEREAS, the City was awarded $857,100 of the State of California De partment of Housing and Community Development (HCD) ESG-CV funds on October 27, 2020; and

WHEREAS, the City was awarded an additional $3,125,000 of HCD ESG -CV Round 2 funds on February 19, 2021, for a total amount of $4,072,100 of HCD ESG -CV program fund s with an expenditure deadline of September 30, 2022; and

WHEREAS, HCD recently notified the City of an additional $3.8 million dollars in CoC ESG-CV program funds available statewide to support or continue additional Rapid Rehousing (RRH) services and activities; and

WHEREAS, HCD contacted qualifying jurisdictions having expended the required fifty percent (50%) minimum threshold of currently allocated CoC ESG-CV funds to determine interest in accepting additional RRH funding; and

WHEREAS, on November 3, 2022, following the issuance of an expenditure deadline extension to September 30, 2023, HCD advised the City that it was identified as one of few jurisdictions identified to receive an additional $150,000 in CoC ESG-CV funding specific to the provision of RRH activities and supports; and

WHEREAS, City staff have coordinated with current CoC ESG -CV RRH service providers to gauge their interest and ability to expend additional funds, confirmed interest from two providers, and have recommended an equitable split of the additional funds; and

WHEREA, the CoC CA-506 Leadership Council serves as the final approving body for all HCD CoC ESG related funding; and

WHEREAS, the City hereby agrees to use HCD ESG-CV funds for eligible RRH activities as approved by the CoC CA -506 Leadership Council and HCD in accordance with all grant program requirements, and other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and any other contracts between the City and HCD; and

NOW, THEREFORE, BE IT RESOLVED, the City Council authorizes the acceptance of $150,000 of additional HCD CoC ESG-CV RRH funds resulting in a total HCD CoC ESG-CV grant allocation not to exceed $4,372,100; and

2 NOW, THEREFORE, BE IT RESOLVED, the City Council authorizes the acceptance increase of $150,000 to the ESG-CV HCD fund appropriation and corresponding revenue budget; and

NOW, BE IT FURTHER RESOLVED, the City Council authorizes the City Manager or designee, on behalf of and for the City of Salinas and CoC CA-506 Leadership Council, to execute all agreements or documents necessary to receive and allocate additional HCD CoC ESG-CV RRH funds.

NOW, THEREFORE, BE IT RESOLVED , that the City Manager or his designee , is hereby authorized and directed, for and on behalf of the City, to accept the HCD ESG-CV RRH allocation, execute the Standard Agreement contract Amendment and any subsequent amendments or modifications thereto, as well as any other documents which are related to the HCD ESG-CV grant program, as HCD may deem appropriate.

PASSED AND APPROVED this 13th day of December 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT: APPROVED:

_____________________________________________
Kimbley Craig, Mayor

ATTEST:

__________________________________
Patricia M. Barajas, City Clerk

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Salinas City CouncilDecember 13, 2022

Salinas City Council
December 13, 2022