Salinas City Council
August 22, 2023

July 31, 2023

City of Salinas
200 Lincoln Ave
Salinas, CA 93901
Email: [email protected]

Attention: Sean Schmidt
Reference: City Hall- Emergency HVAC System Replacement Quote: CITY443-23

Environmental Systems, Inc. proposes to provide the labor and material to complete the following:

FINDINGS SUMMARY:

During last week’s service to shut down City Halls HVAC for asbestos abatement, the following was noted: The first-floor east side air handling systems has failed and is not repairable. The air -handler interior insulation is delaminating causing debris particles to become airborne and b lown into the occupied space. The frame/chassis for the air handler are rusted due to on-going heating water leaks. The structural strength of the metal frame is compromised and could collapse. The condensing utilizes R-22 refrigerant (no longer manufactured) currently the unit is low on charge and sitting idle at atmospheric conditions. The effort to repair and recharge a 20 plus year old piece of equipment would not be the most cost-effective decision for the city. The equipment needs to be replaced ASAP. Due to shipping / manufacturing conditions, there is a 12 – 16-week lead-time for equipment delivery. This is a like-in-kind maintenance replacement project. The equipment needs to be ordered within the next two weeks for a possible November start-up.

Proposed Work:

1. Evacuate and disposed of refrigerant and oil per EPA guidelines

2. Disconnect, remove and dispose of existing condensing unit and refrigerant piping

3. Disconnect remove and dispose of existing air-handler and sheet metal plenums

4. Install two (2) new air handlers and plenums

5. Install one (1) new condensing units and refrigerant piping

6. Install new hot water heating valve and piping

7. Install/add onto the existing Delta Controller temperature/ schedules/building pressure controls/OSA CO2 monitoring
Proposal for emergency HVAC replacement: $225,972.00
Labor: $87,880.00 Materials: $138,092.00

Exclusions:

Overtime labor, permits, service, engineering, repairs or component replacement not stated, Line voltage electrical installation, boiler operation, upgrades or modifi cations other than stated above. Hazardous Material abatement.

3353 DE LA CRUZ BLVD. SANTA CLARA, CA 95054 TEL: (408) 980-1711 FAX: (408) 477-7295 CCL#422478 www.esite.net

Please feel free to contact us if you have any questions or if we can be of further assistance.

If you are satisfied with our proposal and would like us to proceed, please sign below and email to [email protected]. Price is valid for 30 days.

Kenneth J Filice
Senior Project Manager
Acceptance of the above proposal:

The price, specifications, and conditions of this proposal are satisfactory and hereby acceptable. I/We have read and acknowledge, and understand Environmental Systems Inc.’s General Terms and conditions attached, and hereby incorporate the same as part of this Proposal & Contract. I/We agree to make all payments as outlined above.

P.O. Number: _____________________________________ Amount: __________________________________ Signature: _________________________________________ Date: _____________________________________ Print Name: _______________________________________________

3353 DE LA CRUZ BLVD. SANTA CLARA, CA 95054 TEL: (408) 980-1711 FAX: (408) 477-7295 CCL#422478 www.esite.net

Environmental Systems Inc – General Terms and Conditions SECTION 1. ENTIRE AGREEMENT. The proposal on page 1, and these General Terms and Conditions represents the entire agreement. Owner may issue a Purchase order for accounting purposes, but these General terms and conditions will prevail.

SECTION 2. PAYMENT TERMS: Owner agrees to pay Environmental Systems Inc as follows: (A) 100% upon completion of project. (B) Any other payment terms must be mutually agreed to in writing between Owner and Environmental Systems Inc. (C) Progress payments based on amount of work completed each month.

SECTION 3. CHANGES IN WORK. Contractor shall not be required to make any changes in the work without a mutually agreed to written change order authorization which includes the new scope of work and agreed to price. If Owner provides verbal direction, Owner agrees to follow up in writing within 5 days, but in no event shall verbal direction preclude Environmental Systems Inc from being reimbursed for the change order work. Written changes will not be required if Contractor acts in response to an emergency situation.

SECTION 4. CLAIMS. If any dispute shall arise between Owner and Contractor regarding performance of the work, or any alleged change in the work, Contractor may perform the disputed work and shall submit a notice of a claim for additional compensation for the work within ten (10) days after commencement of the disputed work. Any and all claims shall first be addressed in an Owner/Contractor meeting for resolution. If that is unsuccessful, Contractor may request and Owner agrees to binding arbitration. SECTION 5.

GUARANTEE. Environmental Systems Inc guarantees and warrants all materials and workmanship and agrees to replace at his sole cost and expense any and all materials adjudged defective or damaged from said installation during a period of either (A) 30 days for repair work or (B) one year from completion for installation of new equipment. These specifications shall control unless a greater period of guarantee is provided by Equipment or material manufacturers.

SECTION 6. INSURANCE. Environmental Systems Inc shall, at its expense, procure limits and maintain insurance on all of its operations. The following will be considered acceptable insurance requirements on all projects. a. Workers Compensation and Employer’s Liability insurance; amounts as required by statute. b. Comprehensive General Liability or Commercial General Liability insurance covering all operations: $1,000,000.00 c. Automobile Liability insurance, including coverage for allow owned, hired and non-owned automobiles: $1,000,000.00 All insurance coverages shall be in amounts and for duration of the project.

SECTION 7. INDEPENDENT CONTRACTOR. Environmental Systems Inc is an independent contractor and not an agent for Owner
SECTION 8. ASBESTOS. Contractor agrees to stop work immediately and notify Owner should asbestos or asbestos related products be discovered during the course of construction. Work will continue only after the asbestos hazard has been abated by Owner and the Owner has authorized work to be restarted. Any such Asbestos remediation is not included in this contract.

SECTION 9. SEVERABILITY. If any one or more of the provisions of this Agreement, or the applicability of any such provision to a specific situation, is deemed invalid or unenforceable, then such provision shall be modified to the minimum extent necessary to make it or its application valid or enforceable, and the validity and enforceability of all other provisions of this agreement, and all other applications of such provisions, shall not be affected.

SECTION 10. JURISDICTION AND VENUE. Contractor and Owner agree that this contract shall be construed in accordance with, and governed by, the laws of the State of California. The jurisdiction and venue for any dispute arising from this contract shall be Santa Clara County, California.

SECTION 11. ATTORNEYS FEES. If any action is commenced between the parties hereto concerning the project or enforcement of this Agreement, the prevailing party in such litigation shall be entitled to, in addition to such other relief as may be granted, court costs, legal expenses, and reasonable attorneys’ fees.

CONTRACTORS ARE REQUIRED, BY LAW, TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE

BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A

COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, and P.O. BOX 26000, SACRAMENTO, CALIFORNIA 94826.

3353 DE LA CRUZ BLVD. SANTA CLARA, CA 95054 TEL: (408) 980-1711 FAX: (408) 477-7295 CCL#422478 www.esite.net
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-504, Version: 1
Hebbron Family Center Demolition Project Completion
Approve a Resolution accepting the Hebbron Family Center Demolition Project for maintenance and responsibility.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: AUGUST 22, 2023
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, P.E., L.S., PUBLIC WORKS DIRECTOR TITLE: ACCEPTANCE OF THE COMPLETED DEMOLITION OF

HEBBRON FAMILY CENTER

RECOMMENDED MOTION:

A motion to approve a Resolution to accept the Hebbron Family Center Demolition Project and file a notice of completion for the project.

BACKGROUND:

On May 24, 2022, a Professional Service Agreement was entered into with Griffin Structures for Project Management services for the Hebbron Family Center (Resolution No. 22361). Along with Griffin, the City and community have been working on the development of a final desi gn for this facility.

On April 4, 2023 , City Council approved Resolution No. 22634 awarding the Hebbron Family Center Demolition and Site Improvements contract to Randazzo Enterprises, Inc. in the amount of $316,016.00.

The contractor has completed all punch list items and the job has been deemed complete and the construction methods and materials met the project specification requirements.

There were three (3) change orders on the project for a total change of $10,924.00 and a final cost of $326,940.00. The change orders were:

CO#1 Update the Davis Bacon wage rates – no cost
CO#2 Remove the option to supply mulch – ($3,464.00)
CO#3 Additional asbestos abatement and removal of secondary slab - $14,388.00

CEQA CONSIDERATION:

Categorical Exemption. The City of Salinas has determined that the project is exempt from the California Environmental Quality Act (CEQA) Guideline (Section 15300, Class 2) because it involves replacement and reconstruction of an existing structure.

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No Significant Impact. The City of Salinas has determined that the project is of no significant impact under 24 CFR 58.32 – National Environmental Policy Act. N o factors were found to be significant on a stand-alone basis.

STRATEGIC PLAN INITIATIVE:

This item relates to the City Council’s Strategic Plan of “Infrastructure and Environmental Sustainability” and “Youth and Seniors”.

DEPARTMENTAL COORDINATION:

The Public Works Department , Library & Community Services and Community Development Departments worked together to develop the RFQ for the demolition, rate and rank the statements of qualifications and oversee the Demolition Project.

FISCAL AND SUSTAINABILITY IMPACT:

Sufficient funds for the demolition are available in the American Rescue Plan Act Fund (ARPA), CIP No. 3911.55.9165.

ATTACHMENTS:

Resolution

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

A RESOLUTION OF THE SALINAS CITY COUNCIL ACCEPTING THE HEBBRON

FAMILY CENTER DEMOLITION AND SITE IMPROVEMENTS PROJECT FOR

MAINTENANCE AND RESPONSIBILITY

WHEREAS, on April 4 , 2023 the City Council award ed a Demolition and Site Improvement contract to Randazzo Enterprises, Inc; and

WHEREAS, the contractor has completed the project and all punch list items; and

WHEREAS, there were a total of three (3) change orders on the project with a total increase of $10,924.00 for a total contract cost of $326,940.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby accepts the Hebbron Family Center Demolition and Site Improvements Project for maintenance and responsibility.

PASSED AND APPROVED this 22nd day of August 2023, 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#23-506, Version: 1
Salinas Fire Department City Hall Tenant Improvement, CIP 9300 Approve a Resolution authorizing the City Manager to execute Contract Change Order No. 9 to Premier Builders Inc. for the Salinas Fire Department City Hall Tenant Improvement, CIP 9300, in the amount of $3,858.00; and authorize the City Manager to execute all necessary contract change orders for overtime work and remaining work, as needed, to complete the project for a not to exceed amount of $15,000.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: AUGUST 22, 2023
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, P.E., L.S., PUBLIC WORKS DIRECTOR
BY: JONATHAN ESTEBAN, ASSISTANT ENGINEER
TITLE: SALINAS FIRE DEPARTMENT CITY HALL TENANT
IMPROVEMENT, CIP NO. 9300

RECOMMENDED MOTION:

A motion to approve a Resolution to:

1) Authorize the City Manager to execute Contract Change Order No. 9 to Premier Builders Inc. for the Salinas Fire Department City Hall Tenant Improvement, CIP 9300, in the amount of $3,858.00; and
2) Authorize the City Manager to execute all necessary contract change orders for overtime work and remaining work, as needed, to complete the project for a not to exceed of $15,000; and
3) Transfer $15,000 from 3911.45.9235 (ARPA) to CIP 9300.

EXECUTIVE SUMMARY:

On December 14, 2021, City Council approved Resolution 22266 awarding a construction contract to Premier Builders, Inc. for the Salinas Fire Department City Hall Tenant Improvement (TI), CIP 9300 in the amount of $685,924.00. On February 7, 2023, City Council approved Resolution 22585 authorizing the execution of all outstanding contract change orders (CCO 1 – 6) and authorizing all necessary contract change orders for an additional not to exceed amount of $45,000.

On April 4, 2023, City Council approved Resolution 22627 awarding a construction contract to FC & Sons Roof for the City Hall Emergency Roof Repair and Abatement Project. To complete the Fire Tenant Improvement P roject prior to abatement, City staff is requesting the approval of Contract Change Order 9 and a budget transfer of $15,000 to expedited project completion items such as flooring, overtime work, and other unforeseen components. Per Departmental Policy 75- 1, change orders above the 10% construction contingency require council approval.

BACKGROUND:

The Salinas Fire Department City Hall Tenant Improvement (TI), CIP 9300, is making tenant improvements to the existing office spaces located in the City Hall West Wing that were previously demolished and temporarily encapsulated the asbestos-containing ceiling.

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The Salinas Fire Department City Hall TI commenced on September 13, 2022, with an anticipated completion date of Spring 2023 . On February 7, 2023, City Council approved Resolution 22585 authorizing the execution of contract change orders 1 – 6 (CCO 1 – 6) and authorizing all necessary contract change orders for an additional amount not to exceed $45,000. Following Resolution 22585, CCO 7 in the amount of $41,929.00 and CCO 8 for additional working days have been approved and completed.

Table 1: Contract Change Order Log

Contract Change Order 9 and potential overtime work has been requested in order for the project to be completed prior to the start of the abatement for City Hall. To ensure the Fire TI Project be completed, CCO 9 and any associated overtime to complete the project was approved by the City Engineer, per Policy 75-1.

Policy 75-1 states all change orders above $100,000 or above 10% of the contract amount shall be authorized by Council action. Given that the total cumulative cost for contract change orders will exceed the allocated $45,000 contingency per Resolution 22585 with CCO 9 and any future change orders, staff recommends Council approve a resolution authorizing the City Manager to execute Contract Change Order 9 in the amount of $3,858.00 and authorize the City Manager to execute all necessary contract change orders for a not to exceed of $15,000.00.

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 activit y 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.

CCO No. Amount CCO Description
CCO 1 $21,879.00 Temporary encapsulation barrier repairs.

CCO 2 $85,243.00 Design revisions HVAC, soundproofing, and cardlocks.

CCO 3 $22,105.00 Material escalation costs due to design revisions CCO 4 $5,839.00 Removal of asbestos from existing live conduit.

CCO 5 $1,548.00 Additional ceiling framing material (RFI 9).

CCO 6 $46,630.00 Emergency roof patch for leaks.

CCO 7 $41,929.00 Revisions to Security and Electrical Scope.

CCO 8 $0.00 Additional Working Days ONLY
CCO 9 $3,858.00 Preparation at floor boxes
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STRATEGIC PLAN INITIATIVE:

This project addresses the current City Council’s Goals of “ Infrastructure and Environmental Sustainability” and “Public Safety” by improvement City facilities and providing offices for Fire Admin staff.

DEPARTMENTAL COORDINATION:

Public Works staff, Fire Department staff, and Finance staff have collaborated efforts with the budget and execution of this project.

FISCAL AND SUSTAINABILITY IMPACT:

A $15,000 transfer from 3911.45.9235 (ARPA) is requested to execute Contract Change Order No. 9 and any remaining change orders.

ATTACHMENTS:

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

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
OUTSTANDING CONTRACT CHANGE ORDER NO. 9 AND TO EXECUTE ALL

NECESSARY CONTRACT CHANGE ORDERS FOR OVERTIME WORK AND

REMAINING WORK FOR THE SALINAS FIRE DEPARTMENT CITY HALL TENANT IMPROVEMENT PROJECT CIP 9300

WHEREAS, On December 14, 2021, City Council approved Resolution 22266 awarding a construction contract to Premier Builders, Inc. for the Salinas Fire Department City Hall Tenant Improvement, CIP 9300 in the amount of $685,924.00; and

WHEREAS, construction of the Fire Tenant Improvement Project commenced on September 13, 2022; and
WHEREAS, on February 7, 2023, City Council approved Resolution 22585 authorizing execution of all outstanding contract change orders (CCO 1 – 6) and authorized up to an additional amount not to exceed $45,000 per Departmental Policy 75-1; and

WHEREAS, following Resolution 22585, CCO 7 in the amount of $41,929.00 and CCO 8 for additional working days were approved and completed; and

WHEREAS, on April 4, 2023, City Council approved Resolution 22627 awarding a construction contract to FC & Sons Roofing for CIP 8170, City Hall Emergency Roof Repair and Abatement Project; and

WHEREAS, the Fire Tenant Improvement Project must be completed prior to the commencement of the abatement of City Hall, and

WHEREAS, Contract Change Order No. 9 and any additional work required for completion of the Fire Tenant Improvement Project exceeds the approved $45,000 contingency per Resolution 22585; and

WHEREAS, Contract Change Order No. 9 and any additional work is are required to ensure the completion of the Fire Tenant Improvement Project prior to the commencement abatement of City Hall.

NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the City Manager to execute Contract Change Order No. 9 to Premier Builders Inc. for the Salinas Fire Department City Hall Tenant Improvement, CIP 9300, in the amount of $3,858.00; and BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute all necessary contract change orders for work required to complete the project with a not to exceed of $15,000; and
BE IT FURTHER RESOLVED that the City Council approves a transfer of $15,000 from the APRA Fire Station Renovations Fund (3911.45.9235) to CIP 9300. 2 PASSED AND APPROVED this 22nd day of August 2023, 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#23-510, Version: 1
Quake Safe City Partnership with Cal OES
Approve a Resolution authorizing the Mayor to execute a joint Cal OES - City Resolution affirming the City’s partnership with Cal OES as part of the Quake Safe City initiative.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: AUGUST 22, 2023
DEPARTMENT: ADMINISTRATION
FROM: STEVEN S. CARRIGAN, CITY MANAGER

SOPHIA ROME, COMMUNITY RELATIONS MANAGER
TITLE: QUAKE SAFE CITY PARTNERSHIP WITH CAL OES

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the Mayor to execute a joint California Office of Emergency Services (Cal OES) – City Resolution (Attachment 1) affirming the City’s partnership with Cal OES as part of the Quake Safe City initiative.

RECOMMENDATION:

Staff recommends the City Council approve a Resolution authorizing the Mayor to execute a joint Cal OES – City Resolution affirming the City’s partnership with Cal OES as part of the Quake Safe City initiative.

EXECUTIVE SUMMARY:

Cal OES is expanding earthquake preparedness education and outreach through partnerships with California cities. The City of Salinas seeks to partner with Cal OES through the Quake Safe City initiative, which includes coordinated education and outreach efforts to better prepare the Salinas community for the moment when an earthquake strikes and to help save lives.

BACKGROUND:

Earthquakes have adverse effects on the life and health o f communities, damaging property and the environment, and having a negative impact on the economy and infrastructure of affected areas.

Earthquake Warning California is a public awareness campaign conducted by Cal OES . The education and outreach program aims to raise awareness about the need for all Californians to be earthquake prepared for the moment when an earthquake strikes and the after -event recovery.

Statewide outreach and coordination with cities is essential to meet our emergency preparedness goals of prevention, mitiga tion, and improvement of adverse effects from emergencies and disasters, and to help save lives.

The purpose of t his Resolution is to establish a flexible framework between the City of Salinas and Cal OES to use an inclusive science -based approach to educate California residents about earthquakes through this first of its kind initiative. The Quake Safe City partnership with the City and Cal OES will support in reducing earthquake risks, enhanc ing community resilience, and Page | 2
implementing activities for the prevention, mitigation, warning, response, and recovery of all disasters.

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 i ndirect 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 partnership aligns with the Council Strategic goals as follows:

 Public Safety
 Effective and Culturally Responsive Government

DEPARTMENTAL COORDINATION:

There was coordination with the Administration and the Fire Department.

FISCAL AND SUSTAINABILITY IMPACT:

There is no significant impact to the General Fund.

ATTACHMENTS:

1. Cal OES – City of Salinas Joint Quake Safe City Resolution

2. Resolution

1 QUAKE SAFE CITY RESOLUTION

CAL OES AND THE CITY OF SALINAS, CALIFORNIA FOR EARTHQUAKE EARLY

WARNING AND QUAKE SAFE CITY

I. Statement of Purpose

Earthquakes range in severity and potential impact in terms of damage and lives lost. Earthquakes can happen anywhere and anytime.

Earthquake Warning California is a public awareness campaign conducted by the California Governor’s Office of Emergency Services. The education and outreach program aims to raise awareness about the need for all Californians to be earthquake prepared for the moment when an earthquake strikes and the after-event recovery. Statewide outreach and coordination with cities is essential to meet our goals and help save lives.

The purpose of this Resolution is to establish a flexible framework between the City of Salinas and Cal OES (hereafter “Participants”) to use an inclusive science-based approach to educate California residents about earthquakes through the first of its kind initiative ‘Quake Safe City’.

WHEREAS the Participants share mutual concern on the occurrence of earthquakes having adverse effects on the life and health of their population, damaging property and the environment, and having a negative impact on the economy and infrastructure of the affected territories;

WHEREAS Cal OES is founded on public service, and exists to protect lives, property, and the environment, through effective preparedness, response and recovery from all threats, risks, and emergencies. Cal OES continues to promote good practices in disaster risk management, ensuring the State’s preparedness through strong leadership, collaboration and significant partnerships;

2 WHEREAS the City of Salinas, California plays a key role in reducing earthquake risks, enhancing community resilience, and implementing activities for the prevention, mitigation, warning, response, and recovery of all disasters;

WHEREAS cooperation between the Participants plays a fundamental role in implementing solidarity between the people and in joining forces with the public and private sector in order to prevent, mitigate, and improve adverse effects from emergencies and disasters;

II. Resolution

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council affirms the partnership between Cal OES and City of Salinas as a Quake Safe City as follows:

Participants will work in good faith and in joint partnership and cooperation between Cal OES and the City of Salinas, California and will collaborate in prevention and mitigation to provide a broad framework for cooperation and support between the Participants in developing risk reduction initiatives that will continue to promote improved emergency services to individuals, families, communities, and the public and private sector;

Participants will pursue the following common objectives: a) raise awareness through earthquake education and risk management; b) build thriving communities via Earthquake Early Warning integration; c) facilitate a statewide initiative through robust public outreach; d) expand training and exercises and sharing best practices with public and private sectors; and e) build community resilience through preparedness and mitigation;

Participants will identify areas of cooperation related to prevention, preparedness and response to disasters and emergencies and enjoy the benefits that can derive from the exchange of scientific and technical information and experts;

Participants will seek opportunities to scale up infrastructure improvements, leverage technology and facilitate access to resources to build a state-wide movement for earthquake planning and preparedness;

Participants will proactively deploy Earthquake Early Warning technology, including through the MyShake App, on all city devices;

3 Participants will engage in statewide and local earthquake drills (including and not limited to the Great California ShakeOut in October), organize local earthquake events and include earthquake preparedness messages in public events and addresses;

Participants will regularly share inspiring and instructive messages on social media, host and promote local events, and identify local organization and businesses to foster educational outreach.

Signed in Salinas, California on this 22nd day of August 2023.

FOR THE CALIFORNIA GOVERNOR’S

OFFICE OF EMERGENCY SERVICES

FOR THE CITY OF CITY COUNCIL OF

SALINAS, CALIFORNIA

NANCY WARD

DIRECTOR

KIMBLEY CRAIG
MAYOR

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RESOLUTION NO. (N.C.S.)

QUAKE SAFE CITY PARTNERSHIP WITH CAL OES

WHEREAS, earthquakes range in severity and potential impact in terms of damage and lives lost and can happen anywhere and anytime; and

WHEREAS, Earthquake Warning California is a public awareness campaign conducted by the California Governor’s Office of Emergency Services (Cal OES), and t he education and outreach program aims to raise awareness about the need fo r all Californians to be earthquake prepared for the moment when an earthquake strikes and the after-event recovery; and

WHEREAS, the City shares mutual concern on the occurrence of earthquakes having adverse effects on the life and health of our community, damaging property and the environment, and having a negative impact on the economy and infrastructure; and

WHEREAS, the City plays a key role in reducing earthquake risks, enhancing community resilience, and implementing activities for the prev ention, mitigation, warning, response, and recovery of all disasters; and

WHEREAS, the partnership between Cal OES and the City plays a fundamental role in implementing solidarity between the people and in joining forces with the public and private sector in order to prevent, mitigate, and improve adverse effects from emergencies and disasters.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the Mayor to execute a joint Cal OES – City Resolution affirming the City’s partnership with Cal OES as part of the Quake Safe City initiative.

PASSED AND APPROVED this 22nd day of August, 2023, 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#23-512, Version: 1
Agreement with Carollo Engineers for Grant Reporting and CEQA Assistance Approve a Resolution approving a Professional Services Agreement in the amount of $50,000 between the City of Salinas and Carollo Engineers for Grant Reporting and CEQA Assistance; and authorize a transfer of funds of $50,000 from the Industrial Waste Fund to CIP 9317 Professional Services.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: AUGUST 22, 2023
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, DIRECTOR
BY: BRIAN FRUS, SENIOR ENGINEER
TITLE: PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY

OF SALINAS AND CAROLLO ENGINEERS FOR GRANT

REPORTING AND CEQA ASSISTANCE

RECOMMENDED MOTION:

A motion to 1) approve a Resolution approving a Professional Services Agreement in the amount of $50,000 between the City of Salinas and Carollo Engineers for Grant Reporting and CEQA Assistance; and 2) authorize a transfer of funds of $50,000 from the Industrial Waste Fund to CIP 9317 Professional Services.

BACKGROUND:

In 2020, the City applied for a storm water implementation grant through Round 2 of the State Water Resources Control Board (State Water Board) Proposition 1 Storm Water Grant Program (SWGP) for the Salinas Project to Enhance Regional Stormwater Supply (SPERSS). The goals of the SPERSS p roject were to enhance the City’s stormwater capture, storage, and conveyance infrastructure at the Treatment Plant 1 and I ndustrial Wastewater Treatment Facility sites.

Stormwater Grant Agreement No. D2112160 was executed on October 31, 2022, with an award amount of $8,799,154. Council authorized the City Manager to execute the agreement on behalf of the City on March 30, 2021 (Resolution 22073). Council also approved a professional service agreement with E2 Consulting Engineers for design services and accepted grant funds on June 14, 2022 (Resolution 22394).

City staff now needs assistance with some of the grant reporting required by the State Water Board which must be submitted to the grant Project Manager for approval . These include preparation o f a Monitoring and Reporting Plan (MRP) and a Quality Assurance Project Plan (QAPP). In addition , assistance with final CEQA documentation for the project is needed.  The MRP will consist of two elements: a Project Assessment and Evaluation Plan (PAEP) and a Monitoring Plan (MP). The PAEP will be prepared to describe the manner in which the project performance will be assessed, evaluated and reported to the grant Project Manager. The MP will describe the project purpose and background and will offer det ails Page | 2
on the analyses and field measurements that will be used to track water quality benefits of the project.
 A QAPP will be p repared, maintain ed, and implement ed in accordance with the United States Environmental Protection Agency (USEPA) QAPP guidance d ocument (EPA QA/G-5) or the State Water Board’s Surface Water Ambient Monitoring Program’s (SWAMP) QAPP and data reporting requirements, as appropriate for the proposed monitoring activities.
 Final CEQA documentation will include an i nitial Environmental Impact Report review.

The SPERSS project materials and the certified EIR for the Pure Water Monterey (PWM) project to will both be reviewed to determine the extent to which the SPERSS project components were addressed in the EIR and whether an addendum to the EIR would be required. This will also require coordination and consultation with the State Water Board on the proposed environmental approach.
 Part of the CEQA process includes a Mitigation Monitoring and Reporting Program (MMRP). This will include a r eview the previously adopted MMRP and use mitigation measures relevant to the SPERSS project to create a project -specific MMRP for the SPERSS project.
 Finally appropriate CEQA documentation may include an EIR addendum. If required, an addendum to the cert ified PWM EIR would be prepared to demonstrate that no new or more severe significant impacts would result from the additional project component(s) .

An addendum may also demonstrate that the potential impacts were generally included, evaluated, and mitigat ed as part of the certified PWM EIR. Such an addendum would consist of a brief memorandum that highlights the proposed project components, compares the impacts of the modified project to the project evaluated in the certified EIR, and discusses the project ’s eligibility for an addendum under CEQA.

The schedule for this project is driven by milestone commitments made in the Grant Agreement.

Given the scope of work to be completed within the committed time frames, a consultant should be engaged quickly in order stay on schedule. Carollo Engineers was instrumental in helping the City develop this project an obtain the grant award. They also recently performed the CEQA process for the Industrial Wastewater Treatment Facility improvements. Given their intimate familiarity with the grant project scope, related CEQA considerations and the IWTF facility along with their relationship with the design engineer E2 Consulting, staff believes Carollo to be uniquely qualified to carry out the work in the most timely and efficient manner. City staff recommends sole source award of this work to Carollo as no other consulting entity is currently as familiar with the City’s needs and challenges associated with this effort and has the ability to begin work immediately.

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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 Guideli nes 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:

The proposed project and agreement meet the City Council’s goal of Infrastructure and Environmental Sustainability (City of Salinas Strategic Plan 2022 -2025) by maintaining and improving City facilities.

DEPARTMENTAL COORDINATION:

This project will rely on coordination between the Wastewater and Water, Waste and Energy (WWE) divisions in Public Works and the Finance Department. WWE will coordinate the overall execution of the grant efforts with input and field support from Wastewater Division staff. Finance will coordinate the reimbursement of project expenses through the State Water Board.

FISCAL AND SUSTAINABILITY IMPACT:

The total estimated cost for the scope of work contained in the Professional Services Agreement is $50,000. A total of $50,000 will be transferred from the Industrial Waste Enterprise Fund to CIP 9317 Professional Services account 5800.50.9317-63.5900.

All funding for this agreement will come from the Industrial Waste Fund and no General Funds will be expended.

ATTACHMENTS:

Resolution
Professional Services Agreement City of Salinas and Carollo Engineers for Grant Reporting and CEQA Assistance

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

A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SALINAS AND CAROLLO ENGINEERS FOR GRANT

REPORTING AND CEQA ASSISTANCE

WHEREAS, the City of Salinas has been awarded a State Water Resources Control Board (State Water Board) Proposition 1 Storm Water Grant for improvements at the Industrial Wastewater Treatment Facility and Treatment Plant 1 site, namely the Salinas Project to Enhance Regional Stormwater Supply; and

WHEREAS, on March 30, 2021, City Council authorized the City Manager to execute an agreement with the State Water Board on behalf of the City and on October 31, 2022, Stormwater Grant Agreement No. D2112160 was executed with an award amount of $8,799,154; and

WHEREAS, City staff would like assistance with the grant reporting required by the State Water Board; and

WHEREAS, the amount of reporting to be completed within a committed time frame required by State Water Board requires that a consultant be engaged quickly in order stay on schedule; and

WHEREAS, staff recommends sole source award of this work to Carollo Engineers, Inc. as no other consulting entity is currently as familiar with the City’s needs and challenges associated with this effort and has the ability to begin work immediately.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALINAS, that the agreement between the City of Salinas and Carollo Engineers, Inc. to provide professional services related to grant reporting and CEQA assistance in the amount of $50,000 is hereby approved; and

BE IT FURTHER RESOLVED that the City Council authorizes a transfer of funds in the amount of $50,000 from the Industrial Waste Fund to CIP 9317 Professional Services; and

BE IT FURTHER RESOLVED that the Mayor of Salinas is hereby authorized and directed, for and on behalf of the City of Salinas, and as its act and deed, to execute the attached Agreement for Professional Services between the City of Salinas, a Charter City, and Carollo Engineers, Inc., a Delaware 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 22nd day of August 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

_______________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

AGREEMENT
FOR PROFESSIONAL SERVICES FOR
ENVIRONMENTAL CONSULTANTS/
CONTRACTORS BETWEEN
THE CITY OF SALINAS AND CAROLLO
ENGINEERS, INC

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 13 Carollo Engineers, Inc. – Prop 1 Round 2 Grant Reporting and CEQA Assistance August 2023

AGREEMENT FOR PROFESSIONAL SERVICES FOR ENVIRONMENTAL

CONSULTANTS/CONTRACTORS BETWEEN

THE CITY OF SALINAS AND CAROLLO ENGINEERS INC

This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 22nd day of August, 2023, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and Carollo Engineers, Inc., a Delaware corporation, (hereinafter “Consultant”).

RECITALS

WHEREAS, Consultant represents that he, she or it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; 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 August 22, 2023, and shall terminate on August 22, 2024, 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 fifty thousand dollars ($50,000).

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;
(C) The number of hours spent and by whom;
(D) A brief description of any costs incurred; and
(E) The Consultant’s signature.

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Carollo Engineers, Inc. – Prop 1 Round 2 Grant Reporting and CEQA Assistance August 2023

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 c onfer 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 placi ng 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.

(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

Enviro. Prof. Services Agreement v. January 2021
Carollo Engineers, Inc. – Prop 1 Round 2 Grant Reporting and CEQA Assistance August 2023

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 agrees to indemnify, including the cost to defend, City and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City; and does not apply to any passive negligence of the City unless caused at least in part by the Design Professional. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault.

Consultant shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental, liquidated, or consequential damages to City or any third party arising out of breach of contract, delay, termination, or for professional negligence. Additionally, Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Consultant’s subconsultants, that impact project completion and/or success.

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 pr eparatory 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

Enviro. Prof. Services Agreement v. January 2021
Carollo Engineers, Inc. – Prop 1 Round 2 Grant Reporting and CEQA Assistance August 2023

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.

Enviro. Prof. Services Agreement v. January 2021
Carollo Engineers, Inc. – Prop 1 Round 2 Grant Reporting and CEQA Assistance August 2023

(C) In the event that this Agreement is terminated by City for any reason, Consultant shall:

(1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and

(2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.

(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.

(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.

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 California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.

Enviro. Prof. Services Agreement v. January 2021
Carollo Engineers, Inc. – Prop 1 Round 2 Grant Reporting and CEQA Assistance August 2023

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:

Lydia Holmes
Vice President
Carollo Engineers, Inc.
2795 Mitchell Drive
Walnut Creek, CA 94598
(925) 932-1710

(C) The execution of any such notices by the City Manager shall be effective as to Consultant as if it were by resolution or order of the City Council, and Consultant shall not question the authority of the City Manager to execute any such notice.

(D) All such notices shall either be delivered personally to the other party’s designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.

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

Enviro. Prof. Services Agreement v. January 2021
Carollo Engineers, Inc. – Prop 1 Round 2 Grant Reporting and CEQA Assistance August 2023

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

Enviro. Prof. Services Agreement v. January 2021
Carollo Engineers, Inc. – Prop 1 Round 2 Grant Reporting and CEQA Assistance August 2023

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.

36. Delay. Consultant shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental, liquidated, or consequential damages to City or any third party arising out of breach of contract, delay, termination, or for professional negligence. Additionally, Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Consultant’s subconsultants, that impact project completion and/or success.

Enviro. Prof. Services Agreement v. January 2021
Carollo Engineers, Inc. – Prop 1 Round 2 Grant Reporting and CEQA Assistance August 2023

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

CITY OF SALINAS

__________________________________
Steve Carrigan
City Manager

APPROVED AS TO FORM:

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

CONSULTANT

___________________________________
By: Lydia Holmes
Its: Vice President - Carollo Engineers

Enviro. Prof. Services Agreement v. January 2021
Carollo Engineers, Inc. – Prop 1 Round 2 Grant Reporting and CEQA Assistance August 2023

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

Consultant shall procure and maintain fo r 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, Errors & Omissions, Contractor’s Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after Contract completion.

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, in cluding 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 limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Insurance as required by the Stat e 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 and/or Errors & Omissions: Insurance applicable 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 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 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.

Enviro. Prof. Services Agreement v. January 2021
Carollo Engineers, Inc. – Prop 1 Round 2 Grant Reporting and CEQA Assistance August 2023

Other Insurance Provisions
A. The General Liability and Automobile Liabilit y policies are to contain, or be endorsed to contain, the following provisions:

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 ma terials, 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 Forms 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, agents, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

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

B. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution 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 co ntract effective date, the Consultant must purchase an extended period coverage for a mini mum 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.

5. If the services involve lead-b ased paint or asbestos identification / remediation, the Contractor’s PLL policy shall no t contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractor’s PLL shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.

Enviro. Prof. Services Agreement v. January 2021
Carollo Engineers, Inc. – Prop 1 Round 2 Grant Reporting and CEQA Assistance August 2023

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 Contractor’s Pollution Liability, Asbestos Pollution and/or 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.

Enviro. Prof. Services Agreement v. January 2021
Carollo Engineers, Inc. – Prop 1 Round 2 Grant Reporting and CEQA Assistance August 2023

Exhibit B- Scope of Service

[Scope of Service; Compensation]
8-3-2023
Scope of Work
for City of Salinas
Proposition 1 Round 2 Stormwater Grant
Reporting and CEQA Assistance

The City of Salinas (City) with the support of Monterey One Water (M1W), its project partner, was awarded $8.8 million in Proposition 1 Stormwater Round 2 Implementation grant funding for the Salinas Project to Enhance Regional Stormwater Supply (SPERSS) project. The project elements include improvements to the Salinas Treatment Plant No. 1 and the Salinas Industrial Wastewater Treatment Facility. This scope of services includes tasks necessary to support the City’s required Supplemental Documentation for Proposition 1 Storm Water Round 2 grant package.

Specific tasks to be completed by Carollo and its subconsultant include the following:
• Task 1 – Project Management/Administration and Coordination with the State Water Resources Control Board (SWRCB)
• Task 2 – Monitoring and Reporting Plan (MRP)
• Task 3 – Quality Assurance Project Plan (QAPP)
• Task 4 – Environmental Support

The above tasks are detailed as follows:

Task 1 – Project Management/Administration and Coordination with SWRCB Carollo will provide management of the project including regular meetings, coordination with the City and subconsultant, and with SWRCB, and monthly invoices. It is assumed that the schedule for this project will last approximately three (3) months. Biweekly virtual meetings are assumed for the duration of the project. Agendas and topics to discuss will be determined prior to each meeting.

Deliverables:
• Meeting agendas and minutes, as needed.

Task 2 – Monitoring and Reporting Plan (MRP)
Carollo will prepare and submit an MRP to the SWRCB project manager for approval, using a template or outline provided by the SWRCB. The MRP will consist of two elements. • The Project Assessment and Evaluation Plan (PAEP): This document will describe the manner in which the project performance will be assessed, evaluated and reported to the Project Manager.

The PAEP will also detail the methods of measuring and reporting project benefits. Carollo will work from the PAEP that was produced as part of the grant application. • The Monitoring Plan (MP): This document will describe the project purpose and background and will offer details on the analyses and field measurements that will be used to track water quality benefits of the project. Carollo will use the template provided by the SWRCB.

Deliverables:
• Draft MRP
• Final MRP

Task 3 – Quality Assurance Project Plan (QAPP)
Carollo will prepare, maintain, and implement a QAPP in accordance with the United States Environmental Protection Agency (USEPA) QAPP guidance document (EPA QA/G-5) or the State Water Board’s Surface Water Ambient Monitoring Program’s (SWAMP) QAPP and data reporting requirements, as appropriate for the proposed monitoring activities. The QAPP will be submitted to the Project Manager for review and the final version will be uploaded to the Financial Assistance Application Submittal Tool (FAAST) system.

Deliverables:
• Draft QAPP
• Final QAPP

Task 4 – Environmental Support
The Environmental Support task consists of several subtasks. • Initial EIR Review. Carollo’s subconsultant will review the SPERSS project materials provided by Carollo and the certified EIR for the Pure Water Monterey (PWM) project to determine the extent to which the SPERSS project components were addressed in the EIR and whether an Addendum to the EIR would be required. Carollo’s subconsultant will prepare a brief memorandum documenting findings and the proposed environmental approach for submittal to the SWRCB for review. • Coordination with SWRCB. Ca rollo’s subconsultant will participate in two conference calls. The first call will be with Carollo and City Staff to discuss the proposed project, findings of the subconsultant’s review of the certified EIR and proposed environmental approach to ensure the project team agrees with the subconsultant’s recommended approach. Once the project team agrees on the environmental approach, the subconsultant will schedule a call with SWRCB.

Additional consultation with SWRCB staff would be provided as needed. • Mitigation Monitoring and Reporting Program (MMRP ). Carollo’s subconsultant will review the previously adopted MMRP and use mitigation measures relevant to the SPERSS project to create a project-specific MMRP for the SPERSS project.
• EIR Addendum. If required, Carollo’s subconsultant would prepare an Addendum to the certified EIR to demonstrate that no new or more severe significant impacts would result from the additional project component(s). The Addendum would evaluate the effects of the proposed project components and would demonstrate that the potential impacts were generally included, evaluated, and mitigated as part of the certified EIR. The Addendum to the certified EIR will consist of a brief memorandum that highlights the proposed project components, compares the impacts of the modified project to the project evaluated in the certified EIR, and discusses the project’s eligibility for an Addendum under CEQA. This scope of work and cost estimate assumes preparation of an Administrative Draft memorandum and a Final Draft memorandum for submittal to the SWRCB.

This scope of work assumes that no additional technical analyses would be required to prepare the Addendum. If it is determined that an Addendum is not the appropriate CEQA documentation or that additional technical analysis would be required, Carollo’s subconsultant will coordinate with Carollo to prepare a scope and budget modification for further environmental review.

Deliverables:
• Environmental Approach Memorandum
• Draft MMRP
• Final MMRP
• Administrative Draft EIR addendum (if needed)
• Final Draft EIR addendum (if needed)

Schedule
It is anticipated that this project will be completed within three months after a signed contract.

Scope Assumptions
Consultant shall be entitled to use and reasonably rely upon all such information and services provided by City or others in performing Consultant's services under this Scope of Work.

Consultant has no control over the cost of labor, materials, equipment or services furnished by others.

Consultant cannot and does not guarantee that actual costs and/or quantities realized will not vary from the data projections and estimates prepared by Consultant.

The services to be performed by Consultant are intended solely for the benefit of City. No person or entity not a signatory to the Agreement shall be entitled to rely on consultant's performance of its services hereunder, and no right to assert a claim against Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as a result of the Agreement or the performance of Consultant's services.”

CAROLLO ENGINEERS, INC.

FEE SCHEDULE for
City of Salinas
Proposition 1 Round 2 Stormwater Grant
Reporting and CEQA Assistance
FY 23/24

Classification
Principle in Charge/Project Manager
Project Engineer
Professional Engineer
Graphics
Word Processing/Admin

Project Equipment Communication Expense
(PECE) Per DL Hour

Travel and Expenses
Milage at IRS Reimbursement Rate
Subconsultants

Hourly Rate
$303
$235
$185
$165
$130

$14

At cost
milage at $.585 per mile
cost + 10%

This fee schedule is subject to annual revisions due to labor adjustments.

Updated 8-3-2023
Hours by Classification
Project Engineer Labor PECE
Printing/
Travel
Subs/
Direct Costs
Subs/
Direct Cost
+ 1
0%
Subs and
Other Direct
Ex
penses Estimated Fee
PECE Other
$30
3 $235 $185 $165 $130 14.00$
Task 1 - Project Management/Administration and Coordination with SWRCB 12 12 0 0 6 30 7,200$ 420$ -$ -$ 420$ 7,620$ Task 2 - Monitoring and Reporting Plan 8 24 4 4 4 44 10,000$ 616$ -$ -$ 616$ 10,616$ Task 3 - Quality Assurance Project Plan 8 24 2 4 4 42 9,600$ 588$ -$ -$ 588$ 10,188$ Task 4- Environmental Services 4 8 0 2 2 16 3,700$ 224$ 1,000$ 15,000$ 1,500$ 17,724$ 21,424$ Total Hours and Fee 32 68 6 10 16 132 30,500$ 1,848$ 1,000$ 15,000$ 1,500$ 19,348$ 49,848$ City of Salinas
Prop 1 Round 2 Grant Reporting and CEQA Assistance
Fee Estimate
Task Description
PIC/PM
Graphics and CAD
Word
Processing/Admin
Total Hours
Professional Staff

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-514, Version: 1
Modification to the Classification - Salary Schedule and Workforce Allocation Adjustment Approve a Resolution to amend the Classification-Salary Schedule and workforce for FY 23-24 to include adjustment of the Classification - Salary Schedule to include 1) Senior Economic Development Manager in the Association of Management Personnel of Salinas (AMPS) unit; the addition of a Retired Annuitant Librarian I, Emergency Vehicle Upfitter, and Plan Checker II; re-title the Park Grounds Forestry Operations Manager; and adjusting the authorized workforce allocation for the Police Department to include one Forensic Specialist I and one Administrative Analyst I in the place of the vacant Management Analyst.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: AUGUST 22, 2023
DEPARTMENT: HUMAN RESOURCES
FROM: MARINA HORTA-GALLEGOS, HUMAN RESOURCES DIRECTOR TITLE: MODIFICATION TO THE CLASSIFICATION – SALARY SCHEDULE

AND WORKFORCE ALLOCATION ADJUSTMENT

RECOMMENDED MOTION:

It is recommended that the City Council approve a Resolution to amend the Classification -Salary Schedule and workforce for FY 23 -24. Specifically, staff request adjustment of the Classification – Salary Schedule to include 1) Senior Economic Development Manager in the Association of Management Personnel of Salinas (AMPS) unit, 2) the addition of a Retired Annuitant Librarian I, Emergency Vehicle Upfitter, and Plan Checker II; and 3) re-title the Park Grounds Forestry Operations Manager. Additionally, staff request adjusting the authorized workforce allocation for the Police Department to include one Forensic Specialist I and one Administrative Analyst I in the place of the vacant Management Analyst.

RECOMMENDATION:

Staff recommends that the City Council approve the attached Resolution modifying the Classification – Salary Schedule to reflect 1) Senior Economic Development Manager in the AMPS unit; 2) the addition of a Retired Annuitant Librarian I, Emergency Vehicle Upfitter, and Plan Checker II; and 3) re-titled Park Grounds Forestry Operations Manager. Additionally, staff recommends adjusting the workforce allocation for the Police Department to include one Forensic Specialist I and one Administrative Analyst I.

BACKGROUND:

Community Development
When the Senior Economic Development Manager classification was developed it reported directly to the City Manager and was placed in the Confidential M anagement unit. The position was shifted from Administration to the Community Development Department in FY 22 -23. The appropriate bargaining unit now is the AMPS unit.

The City Council previously approved the addition of one Plan Checker I to the Commu nity Development Department’s workforce. Upon further review , staff request the addition of one Plan Checker II in the place of a Plan Checker I.

Page | 2
Library and Community Services Department
The FY 23-24 budget includes the addition of one Park Grounds Forestry Operations Manager. Staff recommend a title change that better reflects the essential functions of the position. Staff recommend re-titling this position to Park Operations Manager.

Staff recommend adding the classification of Retired Annuitant Librarian I to the Classification – Salary Schedule. This would allow for the hiring of a Retired Annuitant as extra help when needed.

Police Department
The Police Department requests the addition of one Forensic Specialist I (non-sworn position). This is the entry level classification in the Forensics series found in the Investigations division. The position is needed to support the volume of work in the division.

Additionally, the Police Department is requesting to underfill and replace the vacant Management Analyst position with an Administrative Analyst I that will primarily oversee grant administration for the Police Department.

Public Works
Staff request that the classification of Emergency Vehicle Upfitter be added to the Classification – Salary schedule. The position was previously authorized and City staff have now met and conferred with the Service Employees International Union ( SEIU) Lo cal 521 regarding the job description and salary placement.

The proposed adjustments appear as follows:

AMPS
Benefit
Group Grade Position
Step 1
Hourly
Step 1
Monthly
Step 2
Hourly
Step 2
Monthly
Step 3
Hourly
Step 3
Monthly
Step 4
Hourly
Step 4
Monthly
Step 5
Hourly
Step 5
Monthly
Step 6
Hourly
Step 6
Monthly
15 Park Operations Manager 45.0733 7,813 47.3295 8,204 49.6967 8,614 52.1817 9,045 54.7842 9,496 57.5251 9,971 16 16.1137 Sr Economic Development Manager54.8710 9,511 57.6094 9,986 60.4925 10,485 63.5145 11,009 66.6933 11,560 70.0289 12,138 SEIU
Benefit
Group Grade Position
Step 1
Hourly
Step 1
Monthly
Step 2
Hourly
Step 2
Monthly
Step 3
Hourly
Step 3
Monthly
Step 4
Hourly
Step 4
Monthly
Step 5
Hourly
Step 5
Monthly
Step 6
Hourly
Step 6
Monthly
25 Emergency Vehicle Upfitter 30.6721 5,316 32.2036 5,582 33.8148 5,861 35.5062 6,154 37.2770 6,461 39.1436 6,785 SMEA
Benefit
Group Grade Position
Step 1
Hourly
Step 1
Monthly
Step 2
Hourly
Step 2
Monthly
Step 3
Hourly
Step 3
Monthly
Step 4
Hourly
Step 4
Monthly
Step 5
Hourly
Step 5
Monthly
Step 6
Hourly
Step 6
Monthly
26 26.3116 Plan Checker II 35.7120 6,190 37.5530 6,509 39.4843 6,844 41.5055 7,194 43.6371 7,564 45.8729 7,951 Benefit
Group Grade Position
Step 1
Hourly
Step 2
Hourly
Step 3
Hourly
Step 4
Hourly
Step 5
Hourly
29 Retired Annuit Librarian I 24.2429 25.4577 26.7241 28.0616 29.4638

TEMPORARY
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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:

The proposed action meets the Effective and Culturally Responsive Government Council goal.

DEPARTMENTAL COORDINATION:

Human Resources collaborated with the following departments, Community Development Department, Library and Community Services Department, Police Department, and the Public Works Department in this effort.

FISCAL AND SUSTAINABILITY IMPACT:

The Emergency Vehicle Upfitter is funded by Internal Service Fund/Fleet Maintenance . The Plan Checker II is funded by Enterprise Funds. No impact to the General Fund is anticipated for this position.

The Retired Annuitant Librarian I is a temporary position. Currently, departments use temporary staff as needed and while funds are available.

ATTACHMENTS:

Resolution

Page | 4
RESOLUTION NO. _________ (N.C.S.)

RESOLUTION AMENDING THE CLASSIFICATION - SALARY SCHEDULE AND FY 23-24

WORKFORCE ALLOCATION

BE IT RESOLVED BY THE CITY COUNCIL OF SALINAS that the workforce for the Police Department reflects one Forensics Specialist I and one Administrative Analyst I in place of the Management Analyst and that the Classification - Salary Schedule previously adopted by the City Council by Resolution is hereby amended to include: 1) the classification s of Senior Economic Development Manager, Parks Operations Manager; Retired Annuitant Librarian I, Emergency Vehic le Upfitter, and Plan Checker II.

PASSED AND ADOPTED this 22nd day of August 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Kimbley Craig, Mayor

ATTEST:
______________________________
Patricia Barajas, City Clerk

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-511, Version: 1
Cal Cities Voting Delegates
Approve appointment of Councilmember Andrew Sandoval as the voting delegate for the annual Cal Cities’ business meeting.

City of Salinas Printed on 8/17/2023Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: AUGUST 22, 2023
DEPARTMENT: ADMINISTRATION
FROM: PATRICIA M. BARAJAS, CITY CLERK
BY: ALEXIS MEJIA, ASSISTANT CITY CLERK
TITLE: CAL CITIES’ VOTING DELEGATES

RECOMMENDED MOTION:

A motion to approve appointment of Councilmember Andrew Sandoval as the voting delegate and Councilmember Anthony Rocha as the alternate voting delegate for the annual Cal Cities’ business meeting on policy resolutions and further authorize the City’s delegate to vote in support/opposition of the Cal Cities’ proposed Policy Resolutions.

RECOMMENDATION:

It is recommended that the City Council approve appointment of Councilmember Andrew Sandoval as the voting delegate and Councilmember Anthony Rocha as the alternate voting delegate for the annual Cal Cities’ business meeting on policy resolutions and authorize the City’s delegate to vote on policy resolutions accordingly.

EXECUTIVE SUMMARY:

The Cal Cities 2023 Annual Conference and Expo is scheduled for September 20 - 22 in Sacramento, California . An important part of the Annual Conference is the annual business meeting where the membership considers and takes action on resolutions that establish policy. In order to vote on the proposed policy resolution at the annual business meeting, voting delegates and alternates must be appointed by the City Council.

BACKGROUND:

At its annual business meeting, the Cal Cities adopts policy resolutions on issues of statewide importance that have direct bearing on municipal affairs and are of broad municipal interests. This year’s general assembly and business meeting will be held during the League’s annual conference on Friday, September 22, 2023, at the SAFE Credit Union Convention Center . Each city must appoint a voting delegate and may appoint up to two alternates to vote on the policy resolutions.

Action by the City Council is required consistent with Cal Cities bylaws. Councilmember Andrew Page | 2
Sandoval wishes to serve as the city’s voting delegate and recommends Councilmember Anthony Rocha serve as the alternate delegate.

Cal Cities primary means for developing policy is through their standing policy committees and Board of Directors. Additionally, any city, elected or appointed city official, or Cal Cities Division, Department, or Policy Committee may submit a resolution sixty days before the business meeting.

Resolutions signed by at least 47 delegates may be introduced during the annual conference for issues that developed after the submittal deadline.

This year, the Cal Cities did not receive resolutions to be considered at the Annual Conference, however petitioned resolutions may still be introduced during the conference, and if qualified, will be considered by the General Assembly.

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:

Identifying voting delegates of the City Council to participate in Cal Cities Annual Business meeting supports the City Council’s goal of effective and culturally responsive government and encourages p articipation in Cal Cities events and activities that help build strong strategic partnerships.

DEPARTMENTAL COORDINATION:

The City Clerk’s Office in collaboration with the City Manager and Mayor is responsible for the appointment of the voting delegates consistent with Cal Cities bylaws.

FISCAL AND SUSTAINABILITY IMPACT:

No fiscal and sustainability impact.

ATTACHMENTS:

Letter from Cal Cities reg. Voting Delegates

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
Leag
ue of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every
year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Takin
g place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast
a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Pleas
e complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New th
is year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre- conference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Action
by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please
note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

CITY: ________________________________________
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name:
____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature)
Please complete and email this form to [email protected] by Monday, August 28, 2023.

Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved
1 by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.
2 • Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-518, Version: 1
a. Real Property Negotiations - California Government Code Section 54956.8, conference with real property negotiators City Manager Steven S. Carrigan, City Attorney Christopher A. Callihan, Community Development Director Lisa Brinton, and Assistant Community Development Director Rod Powell to discuss the terms and purchase of real properties located at 443 E. Market Street (APN 002- 061-008-000); and 1028 Larkin Circle (APN 261-732-019-000), Salinas, California. b. Pending Litigation - California Government Code Section 54956.9(d)(1), conference with legal counsel regarding, Santa Rita Union High School District, et al. v. City of Salinas et al., Monterey County Superior Court Case No. 20CV000242.
c. Pending Litigation - California Government Code Section 54956.9(d)(1), conference with legal counsel regarding, Alisal Union School District, et al. v. City of Salinas, et al., Monterey County Superior Court Case No. 20CV00340.

City of Salinas Printed on 8/17/2023Page 1 of 1
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