Agenda Packet — Salinas City Council, September 10, 2024 (part 2 of 3)

RESOLUTION NO. (N.C.S.)

A RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SALINAS AND CPRA STRATEGIES, INC FOR COMMUNITY OUTREACH AND EDUCATION RE: THE CITY’S STREET
SWEEPING “NO PARKING” SIGNAGE PROGRAM

WHEREAS, on August 12, 2022, a Request for Proposals (RFP) for providing community outreach for a “No Parking” street sweeping signage program was advertised on the “PlanetBids” website; and

WHEREAS, one submittal was received and reviewed based on the selection criteria listed in the RFP document; and

WHEREAS, Professional Services Agreements for Phase 1 and 2 of the education and outreach campaign were successfully negotiated, and secured with said firm;

WHEREAS, it has been determine d that a continuance of community education and outreach for 2025 (Phase 3) is necessary for a successful “No Parking” street sweeping signage campaign; and

WHEREAS, The City of Salinas has determined that the pro posed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALINAS, that the Professional Services Agreement between the City of Salinas and CPRA Strategies, Inc. to provide community outreach and education services related to the City’s upcoming “No Parking” street sweeping signage program in an amount not to exceed $ 150,000 with a period of one (1) one-year annual Agreement extension option, is hereby approved; and

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Agreement for Professional Services between the City of Salinas and CPRA Strategies, Inc.

PASSED AND ADOPTED this 10th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Page 2 of 2 ends

APPROVED:

Kimbley Craig, Mayor

ATTEST:

Patricia M. Barajas, City Clerk
Form: Professional Services Agreement v. July 2024 Page 1 of 16 CPRA Strategies, Inc
September 2024

AGREEMENT

FOR PROFESSIONAL SERVICES

BETWEEN

THE CITY OF SALINAS AND

CPRA STRATEGIES, INC

Form: Professional Services Agreement v. July 2024 Page 2 of 17 CPRA Strategies, Inc
September 2024

Contents
RECITALS ..................................................................................................................................... 4 TERMS ........................................................................................................................................... 4

1. Scope of Service. ................................................................................................................. 4

2. Term; Completion Schedule. ............................................................................................... 4

3. Compensation. ..................................................................................................................... 4

4. Billing. ................................................................................................................................. 4

5. Meet & Confer. .................................................................................................................... 5

6. Additional Copies................................................................................................................. 5

7. Responsibility of Consultant. ............................................................................................... 5

8. Responsibility of City. ......................................................................................................... 5

9. Acceptance of Work Not a Release. .................................................................................... 6

10. Indemnification and Hold Harmless. ................................................................................... 6

11. Insurance. ............................................................................................................................. 6

12. Access to Records. ............................................................................................................... 6

13. Non-Assignability. ............................................................................................................... 6

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

15. Ownership of Documents. ................................................................................................... 7

16. Termination. ......................................................................................................................... 7

17. Compliance with Laws, Rules, and Regulations. ................................................................ 8

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

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

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

21. Jurisdiction and Venue. ........................................................................................................ 8

22. Severability .......................................................................................................................... 9

23. Notices. ................................................................................................................................ 9

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

25. Conflict of Interest. ............................................................................................................ 10

26. Headings. ........................................................................................................................... 10

27. Attorneys’ Fees .................................................................................................................. 10

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

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

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

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

Form: Professional Services Agreement v. July 2024 Page 3 of 17 CPRA Strategies, Inc
September 2024

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

33. Joint Representation. .......................................................................................................... 11

34. Warranty of Authority........................................................................................................ 11

35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements .............................................................................................. 13 Exhibit B- Scope of Service .......................................................................................................... 16

Form: Professional Services Agreement v. July 2024 Page 4 of 17 CPRA Strategies, Inc
September 2024

AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SALINAS AND CPRA STRATEGIES, INC

This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 10th day of September, 2024, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and CPRA Strategies, Inc, a California 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. The initial term of this Agreement shall commence on January 10, 2025, and will continue for two (2) years through January 10, 2027, unless terminated earlier (the “Initial Term”). This Agreement may be renewed or extended for three (3) optional one (1) year periods (“Renewal Terms”) 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 as set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed One hundred fifty thousand dollars ($150,000).

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;

Form: Professional Services Agreement v. July 2024 Page 5 of 17 CPRA Strategies, Inc
September 2024

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

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

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

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

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

7. Responsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.

8. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:

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

(B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be

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September 2024

appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant.

(C) City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services.

City may unilaterally change its representative upon notice to the Consultant.

(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.

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

10. Indemnification and Hold Harmless.

Consultant shall defend, indemnify, and hold harmless the City and its officers, officials, employees, volunteers, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder, including the performance of work of any of Consultant’s subcontractors or agents, or Consultant’s failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

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

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

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

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

14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the

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September 2024

impact on both time and compensation of such change in scope and notify City in writing. 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 ten days 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.

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

Form: Professional Services Agreement v. July 2024 Page 8 of 17 CPRA Strategies, Inc
September 2024

(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 Entire 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 and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.

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.

Form: Professional Services Agreement v. July 2024 Page 9 of 17 CPRA Strategies, Inc
September 2024

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:

Ashley Martinez – Principal
CPRA Strategies, Inc
600 W Broadway, Suite 700
San Diego, CA 92101
(619) 577-4004
[email protected]

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

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

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

Form: Professional Services Agreement v. July 2024 Page 10 of 17 CPRA Strategies, Inc
September 2024

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, if it so chose, 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

Form: Professional Services Agreement v. July 2024 Page 11 of 17 CPRA Strategies, Inc
September 2024

statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.

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

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

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

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

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

CITY OF SALINAS

____________________________
René Mendez, City Manager

APPROVED AS TO FORM:

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

Form: Professional Services Agreement v. July 2024 Page 12 of 17 CPRA Strategies, Inc
September 2024

Form: Professional Services Agreement v. July 2024 Page 13 of 17 CPRA Strategies, Inc
September 2024

Exhibit A- Insurance Requirements

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

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A) Commercial General Liability (“CGL”): Insuranc e Services Office Form (“ISO”) CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: ISO Form CA 0001 covering any auto, or if Consult ant has no owned autos, hired and non -owned, with limit s no less than $1,000,000 per accident for bodily injury and property damage.
(C) Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D) Professional Liability (also known as Errors and Omissions) insurance appropriate to the work being performed , with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.

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

OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form 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).

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September 2024

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

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

Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

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.

Self-Insured Retentions
Self-insured retentions must be declared by Consultant to and approved by the City. At the option of the City, 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 administrations, 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.

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

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of this Agreement or the beginning of Agreement 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 Dat e prior to the Agreement effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

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

Form: Professional Services Agreement v. July 2024 Page 15 of 17 CPRA Strategies, Inc
September 2024

Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. 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.

Subcontractors
Consultant shall require and verify that all sub-consultants and/or subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from such sub-consultants and/or subcontractors.

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

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

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September 2024

Exhibit B- Scope of Service

PHASE III Scope of Work

PHASE III of the Community Education and Outreach program addressing “No Parking” street sweeping signage will include the following:

 Targeted Community Outreach and Engagement . In Phase III, Consultant will coordinate with City staff, community -based organizations (CBOs) and elected officials to conduct targeted community outreach and engagement in the City Council Districts where the “No Parking” program will be implemented first. Consultant will also continue partner with City staff and CBOs to conduct door -to-door visits at homes and businesses located in medium and high -priority neighborhoods. Consultant will partner with City Councilmembers to host town halls in each district as the signage program rolls out.

Consultant will develop, in coordination with City staff, a model community engagement strategy to be incorporated in other City engagement efforts.

 Paid Radio, Social Media, and Sign Advertising. In Phase III, Consultant will manage a paid advertising strategy to educate and communicate developments of the street -sweeping signage program. Paid strategies include r adio and social media advertisements, and Monterey-Salinas Transit bus sign advertisement opportunities, and event sponsorships, as approved by the City.

 Translation into Multiple Languages . In Phase III, City staff and Consultant will translate educational material into multiple languages, including but not limited to Spanish, Triqui, Mixtec, Zapotec, Mandarin, Vietnamese, Tagalog, Korean, and more, as identified by the City.

 Earned Media Efforts. Consultant will continue to develop media relationships a nd pitch local and regional media outlets to secure coverage of the City’s street sweeping signage program to build awareness and communicate important information to the public.

Earned media efforts will include, but not limited to coverage of community outreach and engagement events, door -to-door outreach activities, a “ride along” with a street sweeping operator, and interviews with City Councilmembers and staff, as approved by the City.

 Ongoing Education via the City’s Social Media Channels and Website . Consultant will continue to develop inclusive and educational content for the City’s digital media channels. Digital content includes graphics, photos, and videos to be posted on the City’s social media channels. Consultant will prepare a digital media k it that can be used by community-based organizations and elected officials to reshare on their social media platforms. Consultant will continue a monthly blog series educating the community on the positive impacts of street sweeping.

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September 2024

 Reporting and Analyti cs. Consultant will track and report data associated with the outreach and educational efforts and provide regular reports as requested by City staff.

 Final Report with Recommendations . Consultant will provide a final report, with recommendations for the City’s consideration. Topics include a debrief of the “No Parking” street sweeping campaign, and considerations for future engagement.

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-476, Version: 1
Permit Services Enterprise Fund FY 24-25 Budget Adjustment Approve a Resolution authorizing a $2,500,000 budget increase to the Permit Services Enterprise Fund (6900) with a corresponding revenue budget increase of $2,500,000 for FY 24-25.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2024
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, DIRECTOR
BY: DAVID GONZALVES, ASSISTANT DIRECTOR
TITLE: PERMIT SERVICES ENTERPRISE FUND FY 24 -25 BUDGET

ADJUSTMENT

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing a $2,500,000 budget increase to the Permit Services Enterprise Fund (6900) with a corresponding revenue budget increase of $2,500,000 for FY 24-

25. EXECUTIVE SUMMARY:

The Permit Services Division has undertaken large scale projects that were not fully projected during the budget preparation process. These projects require outside professional services to provide technical expertise and staff augmentation for efficient and effective application and permit processing. To cover these additional costs for service , a FY 24-25 budget adjustment is requested to increase the professional services budget with an offset to the projected revenue budget by $2,500,000.

BACKGROUND:

During FY 2 3-24, the Permit Services division experienced a significant increase in permit processing, driven by several large development projects within the City . The surge from these projects led to a higher than anticipated revenue in the Permit Services Enterprise Fund, specifically for the Charges for Services Building Plan Check Fees. Preliminary analyses of revenue generated at June 30, 2024 show that the FY 23 -24 budgeted revenue was exceeded by $3,018,823.

This increase in revenue was generated through charges for plan check services, a critical component of the permitting process. These services ensure that building plans comply with all relevant codes and regulations, which is essential for maintaining safety and quality standards. The increase in revenue directly correlates to the increase in professional services required to process these permits successfully, especially due to current position vacancies . To maintain operational effectiveness and meet increased demand for services, it is necessary to adjust the FY 24-25 budget to reflect expenditures associated with these outside professional services. This budget adjustment Page | 2
will allow the City to continue processing permits promptly and effectively, supporting ongoing development while ensuring compliance with all regulatory requirements.

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 budget adjustment supports the City of Salinas Strategic Plan 2022-2025 Goals and Strategies of Economic Development and Effective and Culturally Responsive Government to ensure that projects move through application and permitting processes within required timelines.

Approved projects directly relate to the economic vitality of the City and result in future increases in revenue and job opportunities.

DEPARTMENTAL COORDINATION:

This item was prepared by the Community Development Department, in collaboration with the the Finance Department.

FISCAL AND SUSTAINABILITY IMPACT:

There is no fiscal impact to the General Fund. The Permit Services Enterprise Fund budget increase of $2,500,000 will be offset by a revenue budget increase of $2,500,000.

ATTACHMENTS:

1. Resolution for Permit Services Enterprise Fund Budget Adjustment 1 RESOLUTION NO. (N.C.S.)

A RESOLUTION AUTHORIZING A BUDGET ADJUSTMENT TO THE PERMIT

SERVICES ENTERPRISE FUND, INCREASING BOTH REVENUE AND
EXPENDITURES BY $2,500,000 FOR THE 24-25 FISCAL YEAR

WHEREAS, during the 23 -24 fiscal year, the Permit Services division experienced a significant increase in permit processing, driven by several large development projects within the City; and

WHEREAS, preliminary analyses of revenue generated at June 30, 2024 show that the FY 23-24 budgeted revenue was exceeded by $3,018,823; and

WHEREAS, the increase in revenue directly correlates to the increase in professional services required to process permits successfully; and

WHEREAS, to maintain operational effectiveness and meet increased demand for services, it is necessary to adjust the 24-25 fiscal year budget to reflect expenditures associated with these services; and

WHEREAS, 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).

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes a $2,500,000 budget increase to the Permit Services Enterprise Fund (6900) with a corresponding $2,500,0002 revenue budget increase in FY 24-25 fiscal year.

PASSED AND APPROVED this 10th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

______________________________
Kimbley Craig, Mayor

2 ATTEST:

_________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-480, Version: 1
2024 California Department of Housing and Community Development Local Housing Trust Fund Application
Approve a Resolution authorizing the submittal of a 2024 LHTF Application to the California Department of Housing and Community Development; the commitment of $1,500,000 from the General Fund as the City’s match fund; the use of Housing Successor Agency program, Permanent Local Housing Allocation Program and Prohousing Incentive Program funds as on-going revenues totaling at least an average of $100,000 per year for three years; authorizing the reallocation of $1,000,000 of General Funds from Capital Improvement Project 9001, reallocation of $500,000 of General Funds from Capital Improvement Project 9021 to the LHTF (Fund 2603) and appropriation of a LHTF budget in the amount of $1,500,000; and authorizing the City Manager to finalize and execute all applicable documents.

City of Salinas Printed on 9/5/2024Page 1 of 1
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Page | 1

CITY OF SALINAS COUNCIL

STAFF REPORT

DATE: SEPTEMBER 10, 2024
DEPARTMENT: COMMUNITY DEVELOPMENT DEPARTMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: FRANCISCO BRAMBILA, ACTING PLANNING MANAGER
BY: LUIS OCHOA, SR. COMMUNITY DEVELOPMENT ANALYST

MONICA FLOR ES-PONCE, COMMUNITY DEVELOPMENT

ANALYST

TITLE: 2024 CALIFORNIA DEPARTMENT OF HOUSING AND

COMMUNITY DEVELOPMENT LOCAL HOUSING TRUST FUND
(LHTF) APPLICATION
RECOMMENDED MOTION:

A motion to approve a Resolution authorizing:

1. The submittal of a 2024 LHTF Application to the California Department of Housing and Community Development on or before September 17, 2024;

2. The commitment of $1,500,000 from the General Fund as the City’s Match Funds;

3. The use of Housing Successor Agency (HSA) program, Permanent Local Housing Allocation Program (PLHA) and Prohousing Incentive Program (PIP) funds as on-going revenues totaling at least an average of $100,000 per year for three years after the date of the Program award;

4. The reallocation of $1,000,000 of General Funds from Capital Improvement Project ( CIP) 9001 – Permanent Homeless Shelter to the LHTF (Fund 2603) so that it can be used as Match Funds;

5. The reallocation of $500,000 of General Funds from Capital Improvement Project (CIP) 9021- Housing Production to the LHTF (Fund 2603) so that it can be used as Match Funds;

6. The appropriation of a LHTF budget in the amount of $1,500,000; and

Page | 2

7. The City Manager, or designee, to finalize and execute all applicable forms, agreements, grant-related documents, and subsequent amendments as may be needed to support the submittal of the 2024 Local Housing Trust Fund Application and to successfully operate the Salinas Local Housing Trust Fund program.

EXECUTIVE SUMMARY:

HCD released the 2024 LHTF Program Notice of Funding Availability (NOFA) on July 9, 2024. The City is proposing to submit an application on or before September 17, 2024. To meet the Match Fund requirement, the City intends to utilize $1, 500,000 from the General Fund as Match Funds for the required dollar-for-dollar match . Staff recommends the reallocation of General Funds previously appropriated to CIP 9001 in the amount of $1,000,000 and to CIP 9021 in the amount of $500,000.

DISCUSSION:

On May 2, 2023, the Salinas City Council authorized the establishment of a Salinas Local Housing Trust and authorized submittal of the 2023 LHTF Application to HCD. The City of Salinas applied for the 2023 LHTF with Match Funds on a dollar -for-dollar basis for the total amount of $4,526,562. In January 2024, the City of Salinas was awarded a total of $3,807,248 in LHTF program funds.

On July 9, 2024, HCD released a 2024 NOFA for approximately $53 million in funds for the Local Housing Trust Fund Program. LHTF Program funds must be used to provide construction loans and/or permanent financing loans to pay for predevelopment costs, acquisition, construction, or rehabilitati on of affordable rental housing projects, emergency shelters, transitional housing, and permanent supportive housing. Program funds may also be used to assist income-eligible first time-time homebuyers to purchase homes and to rehabilitate houses owned by income eligible occupants as well as to construct, convert, repair, and rehabilitate accessory dwelling units (ADUs) or junior accessory dwelling units (JADUs).

The City is an eligible applicant as it is an existing Local Housing Trust Fund program recipient and is in compliance with Guidelines Sections 102(a)(1), 102(a)(2), and 102(a)(3) . As such, the City is required to have a minimum LHTF Program application request of at least $1,000,000 with corresponding dollar-for-dollar Matching Funds. Additionally, previously awarded applicants must have committed at least 40% of the previous LHTF award(s) to be eligible to submit an application for the 2024 NOFA. The City is also required to demonstrate sufficient ongoing revenues from public or private sources, totaling at least an average of $100,000 per year for three (3) years after the date of the Program award. Applicants are also allowed to use up to five percent (5%) of an LHTF Program award and Match Funds to supplement administration and operations of the program.

To meet LHTF Application criteria of commitment of Match Funds and demonstrate an ongoing revenue source, it is recommended that the City commit an approximate amount of $1,500,000 from the General Fund as Match Funds. Proposed funding sources for the City’s Match Funds is detailed in the Fiscal and Sustainability Impacts section below.

Permanent Local Housing Appropriation (PLHA), Housing Successor Agency (HSA), and Page | 3
ProHousing Implementation Program (PIP) would be funding sources used to commit an average of $100,000 per year, for three (3) years after the date of the Program award as ongoing revenues for use in operations and administration of the housing trust.

Additionally, the City has identified the Housing Authority of the County of Monterey (HACM) as the developer for 921 E. Market St. and 115, 123, 137, 145, and 151 Division St. properties.

Contingent upon City Council approval, the City will provide HACM a conditional commitment letter in the amount of $ 3,080,000, ($1,700,000 from the LH TF and $1,380,000 in land value ), which satisfies the requirement of 40% of 2023 LHTF funds being committed prior to September 17, 2024.

LHTFs are of significant value to local jurisdictions seeking to attract new developers or support existing planned projects by enhancing and expanding available local resources and offering supportive funding for emerging affordable housing developments. The City is currently engaged in discussions and/or partnering on various proposed housing projects that could readily benefit from the LHTF.

If awarded, the City’s LHTF Program would utilize funds for the new construction of multifamily and rental housing that is affordable to extremely low -, very low-, and low-income households including necessary operating subsidies. While the LHTF Program allows for broader use (i.e., rehabilitation of housing, ownership housing, and moderate -income housing), the additional restrictions, including an affordability restriction to up to sixty percent (60%) of Area Median Income on units produce through the 2024 LHTF, enable the City to score more highly in this competitive grant program. Allocation of awarded LHTF funds to the City, would be overseen by the City Council acting as a Salinas LHTF Board of Directors.

Below is a timeline of anticipated milestones and actions related to the City’s LHTF Program application. To ensure completion of a competitive application inclusive of required operational guidelines and policies within the extremely short submission period, the City has also enlisted support from an experienced LHTF consultant, Harris and Associates.

Proposed LHTF Program Timeline
HCD 2024 LHTF Program NOFA Release July 9, 2024
HCD LHTF Application Portal open for submissions August 20, 2024 City Council consideration of City of Salinas LHTF Program September 10, 2024 LHTF Application Deadline September 17, 2024
HCD LHTF Award Announcements (expected) December 2024
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).

Future housing development would be subject to CEQA compliance.

STRATEGIC PLAN INITIATIVE:

Application to the HCD LHTF Program supports the City of Salinas Strategic Plan 2022 -2025 Page | 4
Goals and Strategies of Housing/Affordable Housing and Effective and Culturally Responsive Government by facilitating the development of affordable housing projects. To reach City goals for affordable housing, more funding, especially for gap financing is needed. The LHTF presents a unique opportunity to double City resources dedicated to housing production.

DEPARTMENTAL COORDINATION:

The City’s Community Development Department Housing and Community Development Division has assumed a primary role in the completion and submission of the 2024 LHTF application in coordination with the Finance Department.

FISCAL AND SUSTAINABILITY IMPACT:

HCD’s 2024 LHTF application requires an initial dollar-for-dollar Match Funds and/or property as well as an identified source of ongoing revenue totaling at least an average of $100,000 per year for three (3) years after the date of the Program award. The ongoing revenue requirement will be met through the commitment of PLHA, HSA, and PIP funds, with no impact to the General Fund.

The City’s Match Funds of $1, 500,000 will be comprised of General Fund monies currently allocated in CIP 9001 – Permanent Homeless Shelter and CIP 90 21 – Housing Production.

Funding for the City match will require this Council’s approval to reallocate $1,000,000 from CIP 9001 – Permanent Homeless Shelter (5800.30.9001) and $500,000 from CIP 90 21 – Housing Production (5800.30.9021).

ATTACHMENTS:

State HCD Resolution for Local Housing Trust Fund Application City Resolution for LHTF Local Housing Trust Fund Application Draft 2024 LHTF Application

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

A RESOLUTION OF THE CITY OF SALINAS CITY COUNCIL AUTHORIZING THE SUBMISSION OF THE 2024 LOCAL HOUSING TRUST FUND APPLICATION TO

THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT WHEREAS, on May 2, 2023, the Salinas City Council authorized the establishment of a Salinas Local Housing Trust and authorized the submittal of a Local Housing Trust Fund (LHTF) Application to the California Department of Housing and Community Development (HCD); and WHEREAS, in January 2024, the City was awarded a total of $3,807,248 in LHTF program funds; and
WHEREAS, on July 9, 2024, HCD issued the 2024 Notice of Funding Availability (NOFA) under its LHTF Program; and
WHEREAS, the City is an eligible applicant as it is an existing Local Housing Trust Fund program recipient and is in compliance with Guidelines Sections 102(a)(1), 102(a)(2), and 102(a)(3); and
WHEREAS, the LHTF NOFA requires a minimum LHTF Program Application request of $1,000,000 with corresponding dollar-for-dollar Matching Funds; and WHEREAS, the LHTF NOFA requires the identification of Ongoing Revenues from public or private sources, totaling at least an average of $100,000 per year for three (3) years after the date of the Program award; and
WHEREAS, the City has met the LHTF NOFA requirement of commitment of 40% of previously awarded LHTF funds for an affordable housing development through a Conditional Commitment Letter with the Housing Authority of the County of Monterey; and WHEREAS, 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).

Future housing development would be subject to CEQA compliance.

NOW THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes

1. The submittal of a 2024 LHTF Application to the California Department of Housing and Community Development on or before September 17, 2024;

2. The commitment of $1,500,000 from the General Fund as the City’s Match Funds;

4. The reallocation of $1,000,000 of General Funds from Capital Improvement Project (CIP) 9001 – Permanent Homeless Shelter to the LHTF (Fund 2603) so that it can be used as Match Funds; 2 5. The reallocation of $5 00,000 of General Funds from Capital Improvement Project (CIP) 9021 - Housing Production to the LHTF (Fund 2603) so that it can be used as Match Funds;

6. The appropriation of a LHTF budget in the amount of $1,500,000; and

7. The City Manager, or designee, to finalize and execute all applicable forms, agreements, grant- related documents, and subsequent amendments as may be needed to support the submittal of the 2024 Local Housing Trust Fund Application and to successfully operate the Salinas Local Housing Trust Fund program.

PASSED AND APPROVED this 10th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Kimbley Craig, Mayor
ATTEST:

Patricia M. Barajas, City Clerk
2 Resolution Number:

City of Salinas

AUTHORIZING

RESOLUTION
A necessary quorum and majority of the council members of the City of Salinas, (“Applicant”), hereby consents to, adopts and ratifies the following resolution:

A. WHEREAS, the Department is authorized to provide up to $53 million under the Local Housing Trust Fund (“LHTF”) Program from the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1) (as described in Health and Safety Code section 50842.2 et seq. (Chapter 365, Statutes of 2017 (SB 3) (“Program”).

B. WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”), issued a Notice of Funding Availability (“NOFA”) dated July 9, 2024, under the LHTF Program;
C. WHEREAS, Applicant is an e ligible Local or Regional Housing Trust Fund applying to the Program to administer one or more eligible activities using Program Funds.

D. WHEREAS, the Department may approve funding allocations for the LHTF Program, subject to the terms and conditions of H&S Code Section 50842.2, the LHTF Program Guidelines, NOFA, Program requirements, the Standard Agreement and other related contracts between the Department and LHTF award recipients.

NOW THEREFORE BE IT RESOLVED THAT:

1. If Applicant receives an award of LHTF funds from the Department pursuant to the above referenced LHTF NOFA, it represents and certifies that it will use all such funds on Eligible Projects in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including, without limitation, all rules and laws regarding the LHTF Program, as well as any and all contracts Applican t may have with the Department (“Eligible Project”).

2. NOW, THEREFORE, IT IS RESOLVED: That the Salinas Local Housing Trust Fund is hereby authorized to act as the manager in connection with the Department's funds to Eligible Projects pursuant to the above-described Notice of Funding Availability in an amount not to exceed $1,500,000 (the “LHTF Award”) . NOTE: Dollar amount must include amount used for administrative costs, pursuant to Section 105(b) of the Guidelines.

3. Applicant hereby agrees to match on a dollar-for-dollar basis the LHTF Award pursuant to Guidelines Section 104. Applicant hereby agrees to utilize matching funds on a dollar-for-dollar basis for the same Eligible Project for which Program Funds are used, as required by HSC Section 50843.5(c)

3 4. Pursuant to Attachment 1 and the Applicant’s certification in this resolution, the LHTF funds will be expended only for Eligible Projects and consistent with all program requirements.

5. Nonprofit Housing Trust Funds and Native American Tribe Housing Trust Fu nds agree to use Program Funds only for Eligible Projects located in cities and counties that submitted an adopted Housing Element that was found by the Department to be in compliance and that have submitted their Housing Element Annual Progress Report (AP R) for the current year or prior year by the application due date.

6. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, H&S Section 50842.2 and LHTF Program Guidelines.

7. The City Manager or designee is/are authorized to execute the LHTF Program Application, the LHTF Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the LHTF Award to Applicant, as the Department may deem appropriate.

PASSED AND ADOPTED at a regular meeting of the City of Salinas City Council this 10th day of September, 2024, by the following vote:

AYES: ABSTENTIONS: NOES: ABSENT:

Approving Officer: _______________________
Signature of Approving Officer
Kimbley Craig, Mayor

CERTIFICATE OF THE ATTESTING OFFICER

The undersigned, Officer of Attesting, Patricia M. Barajas, does hereby attest and certify that the foregoing/attached Resolution is a true, full and correct copy of a resolution duly adop ted at a meeting of the City of Salinas City Council which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTEST:

Signature of Attesting Officer
Patricia M. Barajas, City Clerk

4 Attachment 1
City of Salinas Local Housing Trust Fund Program Expenditure Plan

The City of Salinas Local Housing Trust Fund commits to use Local Housing Trust Fund (“LHTF”) Program Funds and Matching Funds from the 2024 Notice of Funding Availability as follows:
 100% of Program Funds and Matching Funds recei ved will be spent to provide construction/permanent financing loans at simple interest rates of no higher than three percent per annum with deferred payments based on residual receipts, for payment of predevelopment costs, acquisition, or construction of m ultifamily rental housing serving Lower-Income (80% of Area Median Income (“AMI”)), Very Low -Income (50% of AMI), and Extremely Low - Income Households (30% of AMI).
 At least 30% of Program Funds and Matching Funds received will be spent on assistance to Extremely Low-Income Households.
 At least 75% of Program Funds and Matching Funds received will be spent on loans for the new construction of multifamily rental housing developments with average household income restrictions of no more than 60% of AMI.
 No more than 5% of Program Funds and Matching Funds received will be spent on administrative expenses.

Unless expressly permitted otherwise by the California Department of Housing and Community Development (“HCD”), all activities and projects funded by the LHTF Program Funds and Matching Funds will be located within the City of Salinas. The source of Matching Funds will be General Funds.

Governor Gavin Newsom
Tomiquia Moss, Secretary
Business, Consumer Services and Housing Agency
NOFA Release: July 9th , 2024
Website for Local Housing Trust Fund
Program Email: [email protected]
Gustavo Velasquez, Director
Department of Housing and Community Development
651 Bannon Street, Sacramento, CA 95811
Local Housing Trust Fund (LHTF) Program
Application
2024 Notice of Funding Availability
State of California
Rev. 5/2024
DRAFT
Proposed Activity Timeline - provide a timeline of implementation of your Project(s) (§101(g), (1)(2)(3)&(4)) The City
Zip Code:

Amount of LHTF Program Funds Requested
Full Trust Fund Name:

Salinas
(a) The minimum application request shall be $1 million with a max request of $5 million. $1,642,314 93901
Trust Fund Type: (a) Existing Local Housing Trust Fund (or Existing Regional Housing Trust Fund) Date Established 5/2/23
State: CA Zip Code:200 Lincoln Ave.

The City
When will you issue
commitments?Name of Project
Amount of
Program
Funds
designated to
project:

Project Type and Activity
Amount of
Matching
Funds
designated to
project:

Rental new construction
When will you
issue a
NOFA/RFQ?
$923,000
Within 24 $719,314
When do you
anticipate
disbursement of
LHTF funds?
When will loan
closing
occur?
Rental new construction
Certifications
Within 60 months of
Within 60 months of
TBD
TBD
The City will issue
The City will issue $923,000
$719,314
Within 24
On behalf of the entity identified below, I certify that: The information, statements and attachments included in this application are, to the best of my knowledge and belief, true and correct and I Authorized Representative Printed Name Title Signature (Please Type Name) Date 9/16/2024City ManagerRene Mendez
93901State:

CA Zip Code:

Contact Email:

CA
Title:
200 Lincoln Ave. City: Salinas 93901
93901
Auth Rep Name: (831) 758-7381
Contact Name: Francisco Brambila
Rene Mendez
200 Lincoln Ave. City:

City:

Phone: (831) [email protected]
§101(dd) “Regional Housing Trust Fund” definition.

Applicant Type: (a) City
City Manager
Address: 200 Lincoln Ave.

County: Monterey
Title: Acting Planning Manager
CA
City of Salinas Local Housing Trust Fund
Trust Fund Address: City:

Trust Fund Information
State:

Rev. 5/2024
Phone:

Salinas
Salinas
[email protected] Rep. Email:

Project and Applicant Information
§102 Eligible Applicants
Applicant Name:

Applicant Information
Organization Type:

Address:
§101(p) “Local Housing Trust Fund” definition
Zip Code:State:Address:

Local Public EntityCity of Salinas Local Housing Trust
DRAFT
Total Awarded $ 3,807,248
Total
Committed $ 1,540,000
Ongoing_Rev_2
Example:

Loan Repayments
Residential local impact fees $40,000
Exam
ple- The public contribution will be from foreclosed
land.

Total Ongoing Revenues $100,000
Will Program Funds be used
toward administrative expenses?
(5% Maximum)
3% Yes 30%
Enter percentage of Program
Funds designated to serving
housholds
no higher then 30%
Area Median Income
105(c)
0%
Enter percentage of Program
Funds designated to serving
housholds
no higher then 120%
Area Median Income
105(d)
65%
Enter percentage of Program
Funds designated to serving
housholds no higher then 80%
Area Median Income
105(e)
§105 Eligible Uses of Funds
105(a): How will Program Funds be used by the Grantee?
Note: Please reference the 2023 LHTF NOFA (II.G.2. Rating and Ranking) for details regarding scoring Ongoing_Rev_1 Legisl ation
Prohousing Incentive Program
funds Public Contributions PIP funds $50,000 Ongoing_Rev_2 Public Agreement PLHA funds $50,000
(4) A Local Housing Trust Fund or Regional Housing Trust Fund that was created, funded, and operated by a combination of two or more cities or counties, agrees to utilize Program Funds only for Eligible Projects located in cities or counties that have, at the time of application, an adopted Housing Element meeting the requirements of subparagraph (2) above, and for which the Annual Progress Report was submitted for the current or prior year by the application deadline date, as required by subparagraph (3) above? N/A Name of Matching Funds Select Type of
Matching Fund Specify Source of Funds Matching Fund Amount Required Documentation for Matching Funds New Applicants (no previous LHTF award) provide the amount of local Matching Funds that have been committed (leave blank if previously awarded) Example-
Land Donation
§102(d): Previous Awardees
§102 Eligible Applicants §103 Funding Amount
Minimums and Maximums
Applicant Type: (a) City
(a) Existing Local Housing
Trust Fund (or Existing
Regiona
l Housing Trust Fund)
$1,642,314
(a)(3) The city or county has submitted to HCD the Annual Progress Report required by GC Code §65400 for the current or prior year? Yes Amount Requested:

Yes
(a)(1)(A) How was the Housing Trust Fund established?
The Housing Trust Fund utilizes a public, or joint public and private, fund established by legislation, ordinance, resolution, or a public-private partnership, to receive specific revenue to address local housing needs.

From the dropdown list please select the documentation that establishes the HTF. Please highlight the sections in your documentation that outline the reqirements below. - Language establishing the Local Housing Trust Fund
- Identify the specific revenue given to the Local Housing Trust Fund - Identify the language that states the Housing Trust Fund addresses the local housing needs - NOTE: For public RHTFs only, RHTF must include Resolution or Ordinance from each Local government entity that is a member of the RHTF Resolution
(a)(1)(B) Does the Housing Trust Fund meet the minimum Ongoing Revenue requirements? The Trust Fund is funded from Ongoing Revenues as required by the definition in §101 from Dedicated Sources of funding such as taxes, fees, loan repayments, or public or private contributions.

Please see requirements in Section 101(z).

Yes: The existing HTF meets
the Ongoing Revenues
requir
ement averaging
$100k/year for a min. of 3yrs
after Program award date
(a)(2) Does the city or county have a Housing Element that was adopted by the city or county’s governing body and determined by HCD to be in compliance with state Housing Element law pursuant to GC §65585?
Total Matching Funds $1,642,314
Uploaded to HCD?
Example-
Public Contribution
Example-
Residential Local Impact Fee Example- Residential local impact fees $3,000,000 Enter
the dollar amount of Program Funds that have been committed from all previous LHTF awards (leave blank if not previously awarded) Matching Funds Committed
General Fund Public Contributions General Fund Revenues $923,000 Match_Fund_2 Proof of Deposit(s) General Fund
$5,000,000 Match_Fund_2
§104 Matching Funds Requirements
Ongoing Revenue
Select Type of Ongoing
Revenue Specify Source of Funds Annual average amount
deposited into the HTF
Match_Fund_1 Uploaded t o HCD?
Loan Repayments Developer Loan $50,000 Ongoing_Rev_1 Uploaded to HCD? Example:

Taxes Taxes Uploaded t o HCD?
Name of Ongoing Revenue Required documentation for Ongoing Revenue NOTE: Executed documentation only; no drafts
Permanent Local Housing
Allocation funding Public Contributions
Public Contributions General Fund Revenues $719,314 Match_Fund_1 Proof of Deposit(s) Example-
Public Contribution
NOFA Section II(G)(1)(f) Loan Guidelines and Underwriting Standard and Procedures 105(a) 105(b)
Minimum Amount of Matching Funds $492,694 $0 $1,067,504 Total Program Funds accounted for:
100%
Applicant has adopted the Uniform Multifamily Regulations (UMRs) as their loan guidelines, underwriting standards, and procedures.

The UMRs can be found on our website at https: //hcd.ca.gov/grants-funding/already-have-funding/uniform-multifamily-regulations/docs/uniform-multifamily-regulations-2017.pdf Yes What is the simple interest rate for
Program Funded Loan(s)
DRAFT
DatePrinted Name Title of Signatory Signature (Please Type Name) Please provide a letter of explanation if you responded "Yes" to any of the questions above.

10. Within the past ten years, has the applicant been convicted of any felony?

11. Within the past ten years, has the applicant been convicted of any misdemeanor related to the conduct of the applicant’s business?

12. Within the past ten years, has the applicant been convicted of any misdemeanor for any financial or fraud related crime?

7. Is the applicant currently a party to, or the subject of, or been notified that it may become a party to or the subject of, any criminal litigation, proceeding, charge, complaint, examination or investigation, of any kind, involving, or that could result in, misdemeanor charges against the applicant for matters relating to the conduct of the applicant’s business?

8. Is the applicant currently a party to, or the subject of, or been notified that it may become a party to or the subject of, any criminal litigation, proceeding, charge, complaint, examination or investigation, of any kind, involving, or that could result in, criminal charges (whether felony or misdemeanor) against the applicant for any financial or fraud related crime?

9. Is the applicant currently a party to, or the subject of, or been notified that it may become a party to or the subject of, any criminal litigation, proceeding, charge, complaint, examination or investigation, of any kind, that could materially affect the financial condition of the applicant’s business?

6. Is the applicant currently a party to, or the subject of, or been notified that it may become a party to or the subject of, any criminal litigation, proceeding, charge, complaint, examination or investigation, of any kind, involving, or that could result in, felony charges against the applicant?

1. Has the applicant filed a bankruptcy or receivership case or had a bankruptcy or receivership action commenced against it, defaulted on a loan or been foreclosed against in past ten years ?

2. Is the applicant currently a party to, or been notified that it may become a party to, any civil litigation that may materially and adversely affect (a) the financial condition of the applicant’s business, or (b) the project that is the subject of the application?

3. Have there been any administrative or civil settlements, decisions, or judgments against the applicant within the past ten years that materially and adversely affected (a) the financial condition of the applicant’s business, or (b) the project that is the subject of the application?

4. Is the applicant currently subject to, or been notified that it may become subject to, any civil or administrative proceeding, examination, or investigation by a local, state or federal licensing or accreditation agency, a local, state or federal taxing authority, or a local, state or federal regulatory or enforcement agency?

5. In the past ten years, has the applicant been subject to any civil or administrative proceeding, examination, or investigation by a local, state or federal licensing or accreditation agency, a local, state or federal taxing authority, or a local, state or federal regulatory or enforcement agency that resulted in a settlement, decision, or judgment?
Criminal Matters
Civil Matters
Legal Disclosure
For purposes of the following questions, and with the exceptions noted below, the term “applicant” shall include the applicant and joint applicant, and any subsidiary of the applicant or joint applicant if the subsidiary is involved in (for example, as a guarantor) or will be benefited by the application or the project.

In addition to each of these entities themselves, the term “applicant” shall also include the direct and indirect holders of more than ten percent (10%) of the ownership interests in the entity, as well as the officers, directors, principals and senior executives of the entity if the entity is a corporation, the general and limited partners of the entity if the entity is a partnership, and the members or managers of the entity if the entity is a limited liability company. For projects using tax-exempt bonds, it shall also include
the individual who will be executing the bond purchase agreement.

The following questions must be responded to for each entity and person qualifying as an "applicant," or "joint applicant" as defined above.

Expla
in all positive responses on a separate sheet and include with this questionnaire in the application.

Exceptions: Public entity applicants without an ownership interest in the proposed project, including but not limited to cities, counties, and joint powers authorities with 100 or more members, are not required to respond to this questionnaire.

Members of the boards of directors of non-profit corporations, including officers of the boards, are also not required to respond. However, chief executive officers (Executive Directors, Chief Executive Officers, Presidents or their equivalent), and chief financial officers (Treasurers, Chief Financial Officers, or their equivalent) must respond.

Certification & Legal Status
DRAFT
Funding for
Permanent AND
Construction
financing for 60%
AMI or less
100%
Loan Ty
pe
Loan Type
Loan Type
Loan Type
Loan Type
Loan Type
Loan Type
Loan Type
Loan Type
Loan Type
https://www.cityofsalinas.org/Residents/Community/Housing-Community- Development/Salinas-Local-Housing-Trust-Fund
https://www.cityofsalinas.org/Residents/Community/Housing-Community- Development/Salinas-Local-Housing-Trust-Fund
$ 1,000,000
$ 500,000
Pre-approved Amount
Project Name
Project Name
Project Name
Project Name
Project Name
Project Name
Project Name
Project Name
Project Name
106 E. Lake Street
14-16 Soledad Street
20-26 Soledad Street
98 Kip Drive
443 W. Market Street
Pre-approved Amount
Pre-approved Amount
Pre-approved Amount
Pre-approved Amount
Pre-approved Amount
Pre-approved Amount
Pre-approved Amount
Pre-approved Amount
Pre-approved Amount
https://www.cityofsalinas.org/Residents/Community/Housing-Community- Development/Salinas-Local-Housing-Trust-Fund
https://www.cityofsalinas.org/Residents/Community/Housing-Community- Development/Salinas-Local-Housing-Trust-Fund
Direct link to website
Direct link to website
Direct link to website
Direct link to website
Direct link to website
Direct link to website
Direct link to website
Direct link to website
Direct link to website
Direct link to website
Project Name 835 E. Laurel Drive
Tie Breaker, if needed. Readiness: The extent to which the application identifies specific multifamily rental projects for which the trust fund has issued Letters of Intent (LOIs) to developers for construction or permanent financing, (which includes dollar amounts). Explain below.

Tie Breaker
10 0 New Applicant (not previously awarded) has committed at least 40 percent of the local Matching Funds - 10 points (7) Performance - Applicant has committed at least 40 percent of the Program Funds previously awarded to the Applicant - 10 points Zoe Lofgren 18 Anna Caballero 14 Robert Rivas 29
List the appropriate representatives from the areas that the Applicant serves.

Congressperson Name(s)
(First and last name) District # State Senator Name(s)
(First and last name) District # State Assembly Member Name(s) (First and last name) District #
A Regional Housing Trust Fund meeting the description herein receive all points in this category: A Regional Housing Trust Fund is one that includes six jurisdictions (in counties with total populations of 250,000 or less) or eight jurisdictions (in counties with more than 250,000), or that meets the minimum threshold (two jurisdictions with more than one million people, or three jurisdictions in counties with total populations of 250,000 or less, or four jurisdictions in counties with more than 250,000), and includes more than 66% of the population of the county or counties.

List the jurisdictions that your trust fund serves: City of, County of, or Town of Will be served by this application
Are you serving the unincorporated county only, or the entire county including all incorporated areas?
Of those served, which Jurisdictions will be
served with this application.

City of Salinas
(5) Community Need - 15 points max (NOTE: this section will be scored by HCD using CHAS data (Comprehensive Housing Affordability Strategy): https://www.huduser.gov/portal/datasets/cp.html#2006-2016- datacollapse 0
HCD will provide the percentage of Lower-Income Households paying more than 50 percent of their household income for rent or owner expenses. Applicant does not complete this field. (6) Regional Housing Trust Fund Applicants - 5 points Does your Regional Housing Trust Fund meet the description and requirements below? No 0 (C) Amount
Appl
icant
commits based
on (B) %
$3,120,397
(4) Increasing the Supply of Lower-Income (LI) Rental Housing - 20 points max 20 How will the Applicant use the
HCD Program Funds and
Matching Funds - for permanent
or construction financing?
Permanent
(A) Program Funds +
Mat
ching Funds - Admin
Exp.
$3,120,397
(B) Percentage of Program Funds and Matching Funds
Appl
icant commits to use for new construction of rental
housing developments Affordable to and restricted to
households with average incomes of no more than 60% of
AMI?
Program + Matching Funds -
Admin Exp. $3,120,397 Max MI exp. (per
commitment)
Total Amount of pre-approved
First Phase Funding $3,550,000 Total Program Funds Requested $1,642,314 First Phase Funding vs. Requested (times) 2 $0
(3) Readiness - 15 points max 10
Has Applicant completed a first phase funding process for multifamily rental projects and announced on its website the status of each project, including those projects that were approved to submit a final application upon award of Program Funds by HCD §106(f)(3)?
Yes
Direct link (website
address) to page
showing project status:
$ 500,000
$ 460,000
$ 590,000
$ 500,000
https://www.cityofsalinas.org/Residents/Community/Housing-Community- Development/Salinas-Local-Housing-Trust-Fund
https://www.cityofsalinas.org/Residents/Community/Housing-Community- Development/Salinas-Local-Housing-Trust-Fund
Project Name Commitment Amount Division Street Properties Funding Source LHTF/Land Donation 3,080,000$ Permanent Application Score - 100 points max §106(f) Rev. 5/2024 75 (1) Non-Residential Matching Funds - 15 points max 15
Matching Funds (sources other than residential Local Impact Fees or In Lieu Fees) $1,642,314 Total Matching Funds $1,642,314 % of Matching Funds 100.00% (2) Deeper Income Targeting - 20 points max 20
Does Applicant commit to expend no more than 18% of its Program Funds and Matching Funds on Moderate-Income (MI) households? Yes If yes, select MI exp. % 0%
Project Name Funding Source Commitment Amount
Project Name Funding Source Commitment Amount
Project Name Funding Source Commitment Amount
Project Name Funding Source Commitment Amount
Project Name Funding Source Commitment Amount
Project Name Funding Source Commitment Amount
Project Name Funding Source Commitment Amount
Project Name Funding Source Commitment Amount
Project Name Funding Source Commitment Amount
188%Commitment vs. Request
DRAFT
I have reviewed the Document Checklist and have named my documents according to the instructions.

I will upload all required documents to the LHTF submission portal.

Yes
Matching Funds and Ongoing Revenue
Yes
(if applicable) Cert_LOE Letter of Explanation for any applicable items on "Certification & Legal" tab of the application N/A §106 Application Scoring
No Readiness_1, Readiness_2, etc. §106(f)(3) Readiness List Included No LOI_1, LOI_2, etc. §106(g)(1) Letter(s) of Intent Included Yes Ongoing_Rev_1, Ongoing_Rev_2, etc. §102(a),(b),(c) Required Documentation for Ongoing Revenues Included Yes Guidelines_107d §107(d) Loan guidelines and underwriting standards and procedures Included Yes
(if applicable) Binding_Agreement
§104(b) Fully executed commitment letter or a fully executed contract to provide Matching Funds, specifying the source(s) of the Matching Funds, the amount of Matching Funds from each source, the date upon which the funds will be deposited into the LHTF or RHTF account, and remedies for not depositing the Matching Funds on/by that date.

Included
Yes
(if applicable) 501c3_Determination 501(c)(3) nonprofit corporation only §106(e) - IRS determination letter regarding 501(c)(3) status (this letter must address the name of the 501(c)(3), which must match the name of the HTF) N/A Yes Match_Fund_1, Match_Fund_2, etc. §104 Required Documentation for Matching Funds Included Yes App_Reso
§106(e) Application Resolution Note: Only one Application Resolution may be submitted and must be from the Applicant. Additionally, Attachment 1 must be an attachment to the Resolution prior to approval by the governing body and must be included with your submission.

Included
Yes
(if applicable) STD_204 §106(e) STD-204 Payee Data Record N/A Yes
(if applicable) Fin_Statements 501(c)(3) nonprofit corporation only §106(e) - Audited financial statements (2 years) N/A Yes
(if applicable) Sig_Block 501(c)(3) nonprofit corporation only §106(e) - Signature Block, upload as a Microsoft Word document N/A Yes
(if applicable) Gov_TIN_Form §106(e) Government Agency Taxpayer ID Form Included Yes
(if applicable) OrgDoc1, OrgDoc2, etc. §106(e) Organizational Documents (Articles of Incorporation, Bylaws, Amendments, Certificate of Good Standing, etc.) N/A
Yes
(if applicable) Org_Chart §106(e) Organizational Chart N/A Yes LHTF_AR Previously awarded applicants only. §106(e) Submit evidence that the most recently required LHTF Annual Report was submitted to HCD State Grants Management (e.g. include a copy of the email submission) Included No MF_Commitment New Applicants only. Documentation evidencing the commitment of at least 40% of the local Matching Funds. N/A New Applicants (no previous LHTF award)
Application Information
Yes HTF
§102(a),(b),(c): Legislation, Ordinance, Resolution, or public-private partnership agreement creating the HTF.

RHTF must include Resolution or Ordinance from each Local government entity that is a member of the RHTF (public RHTFs only).

Included
§102(d) Eligible Applicants: Previous Awardees
Yes Award_Commitment Previously awarded applicants only. Documentation evidencing the commitment of at least 40% of the previously awarded LHTF funds. Included
LOCAL HOUSING TRUST FUND (LHTF) Document Checklist
Use this document to properly name your attachments before uploading them with your application submission.

You must confirm below that you have completed this step.

Threshold
Requirement? What You'll Name Your Document: Document Description Included? DRAFT
25 LHTF
24 LHTF
23 LHTF
22 LHTF
21 LHTF
20 LHTF
19 LHTF
18 LHTF
17 LHTF
16 LHTF
15 LHTF
14 LHTF
13 LHTF
12 LHTF
11 LHTF
10 LHTF
9 LHTF
8 LHTF
7 LHTF
6 LHTF
5 LHTF
4 LHTF
3 LHTF
2 LHTF
1 LHTF
Justification:

Issue # Program
Name Tab Section Cell# Update/Comment Urgency ADT Status Status Date
Rev. 5/2024Application Development Team (ADT) Support Form Organization: Email: Contact Phone:

Please complete the "yellow" cells in the form below and email a copy to: [email protected] A member of the LHTF Team will respond to your request ASAP.

Full Name: Date Requested: Application
Version Date:

DRAFT
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-486, Version: 1
Amendment No. 1 to Agreement for Professional Services with Kimley-Horn Associates, Inc. for the Salinas Active Transportation Plan
Approve a Resolution authorizing the City Manager to execute Amendment No. 1 with Kimley-Horn Associates, Inc. for work on the Salinas Active Transportation Plan and increase the total compensation by $35,070.66, for a revised not to exceed $399,273.83.

City of Salinas Printed on 9/5/2024Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2024
DEPARTMENT: PUBLIC WORKS, TRAFFIC & TRANSPORTATION DIVISION FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR
BY: ADRIANA ROBLES, CITY ENGINEER

GERARDO RODRIGUEZ, ASSISTANT ENGINEER

TITLE: AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL

SERVICES BETWEEN THE CITY OF SALINAS AND KIMLEY
HORN AND ASSOCIATES, INC. FOR THE SALINAS ACTIVE

TRANSPORTATION PLAN

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the City Manager to execute Amendment No. 1 with Kimley -Horn Associates, Inc. for work on the Salinas Active Transportation Plan and increase the total compensation by $35,070.66, for a revised not to exceed $399,273.83.

EXECUTIVE SUMMARY:

On May 16, 2023, City Council approved an agreement with Kimley-Horn and Associates, Inc. for the Active Transportation Plan for a total amount of compensation to be paid of not to exceed $364,203.17. Throughout the lifespan of developing the Plan additional tasks included in Attachment 3 were performed by the consultant. Staff recommends that Council authorize City Manager to execute Amendment No. 1 to increase the total compensation for a not to exceed $399,273.83.

BACKGROUND:

With a mild climate and relatively flat terrain, the City of Salinas is well -positioned to increase walking and bicycling for transportation. Currently, there are 95 miles of connected bikeways.

However, there are substantial gaps in the curre nt bicycle network and much of the network is in relatively disconnected islands that create barriers to bicycling on streets with high speeds and volumes of vehicles, creating safety issues when people bike on streets without a dedicated facility.

In addition, although the sidewalk network in Salinas is generally well developed, there are some pedestrian network gaps and the sidewalks in many areas are need of repair or replacement.

The City of Salinas Active Transportation Plan was developed from the 20 18 Salinas Active Transportation Needs Assessment, the 2022 Safe Routes to School Plan and other current planning efforts. It provides systematic, iterative community engagement, focusing on critical agency

1 2018 Monterey County Active Transportation Plan, Transportation Agency for Monterey County

stakeholders as well as disadvantaged communities , in developing a community supported set of implementable active transportation project improvements that will encourage active modes and increase safety for all. This plan develops strategies to improve bicycle and pedestrian connectivity and safety by expanding the existing bicycle network, improving pedestrian circulation, reducing vehicle trips, creating complete streets, and building a healthy and livable community. The plan is intended to act as a combined update of the Pedestrian Plan (2004) and the Bikeways Plan (2002) and provide a strategy for citywide sustainable transportation growth and opportunities to support connection and integration into the regional active transportation network 1 . This plan will help the City build consensus around key p rojects that can continue Salinas’ success in supporting active transportation. The plan incorporates robust outreach efforts that used a diverse set of tools to meet people where they are, a community -driven prioritization process to select projects for design and implementation, discussion and agreement on the policy and programmatic improvements to support the network, and a design process that will result in concepts that are feasible and fundable.

The Draft Salinas 2024 Active Transportation Plan has been presented to the Traffic and Transportation Commission at its meeting on July 11, 2024. At the time this report is written the Draft Plan is still under public review scheduled for a deadline of August 30, 2024.

The ad ditional compensation accounts for additional work for existing conditions, project prioritization revisions, presentation to Traffic and Transportation Commission and City Council, additional meetings and coordination with other planning documents.

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 development of the Active Transportation Plan supports the City Council goals of “Infrastructure and Environmental Sustainability” and “Public Safety”

DEPARTMENTAL COORDINATION:

Public Works will continue to work closely with the Community Development Department and coordinate with the General Plan Update. The Finance Department provides fiscal monitoring and reporting information for the grant agreement.

FISCAL AND SUSTAINABILITY IMPACT:

Funding is available and appropriated in the Active Transportation Plan Project (5800.50.9349).

ATTACHMENTS:

Resolution
Attachment 1: Amendment No.1
Attachment 2: Exhibit B Scope of Services and Fee
Attachment 3: Exhibit B-1 Scope of Services and Fee
Attachment 4: Resolution Number 22673

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

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SALINAS AND KIMLEY-HORN ASSOCIATES, INC. FOR

THE SALINAS ACTIVE TRANSPORATION PLAN TO INCREASE THE TOTAL COMPENSATION BY $35,070.66 FOR A NOT TO EXCEED OF $399,273.83

WHEREAS, the City received a Sustainable Transportation Planning Grant to develop an Active Transportation Plan; and

WHEREAS, on May 16, 2023, City council approved an agreement with Kimley-Horn and Associates Inc. for the Active Transportation Plan for a total amount of compensation to be paid of not to exceed $364,203.17; and

WHEREAS, throughout the project additional work not counted for initially was performed by the consultant; and

WHEREAS, the draft 2024 Salinas Active Transportation Plan has developed and is currently available for public review; and

WHEREAS, 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).

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby approves a Resolution authorizing the City Manager to execute Amendment No.1 with Kimley Horn Associates, Inc. for work on the Salinas Active Transportation Plan and increase the compensation by $35,070.66 for a revised not to exceed $399,273.83.

PASSED AND APPROVED this 10th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

2 ________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

AGREEMENT —AMENDMENT NO. 1 TO

AGREEMENT FOR SERVICES

BETWEEN
THE CITY OF SALINAS AND KIMLEY-HORN AND ASSOCIATES, INC.

This Amendment No. 1 to the Agreement for Professional Services Between The City Of Salinas and Kimley-Horn and Associates, Inc. for the Active Transportation Plan (the “Amendment”) is entered into this ___ day of ________ 2024, by and between the City of Salinas (the “City”) and Kimley-Horn and Associates, Inc. (the “Consultant”). City and Consultant may be individually referred to herein as a “Party” and collectively the City and Consultant may be referred to as the “Parties.”

RECITALS

WHEREAS, the City and Consultant first entered into an Agreement for Professional Services Between The City of Salinas and Kimley-Horn and Associates, Inc. for the Active Transportation Plan effective May 16, 2023, pursuant to which Consultant agreed to act as and provide certain services to the City for compensation (the “Agreement”); and

WHEREAS, the City and Consultant desire to amend the Agreement to reflect additional scope of services and additional compensation.

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

TERMS

1. The Scope of Services set forth in the Agreement is amended and restated in its entirety to read as follows:

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. In addition to the scope outlined in Exhibit B, consultant has provided or will provide the additional services described in Exhibit B-1.

2. The total amount of compensation to be paid under the Agreement is hereby amended as follows:

Compensation. City hereby agrees to pay Consultant for services rendered to the City pursuant to this Amendment and Agreement, on a time and materials basis according to the rates of compensation set forth in Exhibit B and Exhibit B-1. The total amount of compensation to be paid under this Agreement is three hundred ninety-nine thousand, two hundred seventy-three dollars and eighty-three cents ($399,273.83).

3. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and in effect as if fully set forth herein.

IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Consultant have entered into this amendment as of the date first written above.

CITY OF SALINAS

___________________________________
René Mendez, City Manager

APPROVED AS TO FORM:

___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney

Kimley-Horn Associates, Inc.

____________________________________
Printed name: ________________________
Title: ________________________________

PROFESSIONAL SERVICES

FOR THE SALINAS ACTIVE

TRANSPORTATION PLAN

PROPOSAL FOR
Prepared for:

Prepared by:

Exhibit B

PROFESSIONAL SERVICES FOR

THE SALINAS ACTIVE TRANSPORTATION PLAN

PROPOSAL FOR
City of Salinas  TRTP95003.2023
 5
transportation improvements. Data shows that numbers of pedestrians and bicyclists are high in many areas of the City. This Active Transportation Plan will build on City’s recent momentum with active transportation implementation and the multimodal activity that is already occurring to provide more equitable and meaningful connections and safer facilities for the people of Salinas.

Approach
Kimley-Horn has assembled a diverse team of accomplished roadway safety and active transportation design professionals to develop an Active Transportation Plan focused on implementable projects for which the City can pursue design-phase funding. The plan will not be a document that sits on a shelf or resides in a link on the City’s website because the projects are infeasible, not cost-effective, or rely on redevelopment to occur. Instead it will provide a road map for the City to implement mobility projects over the next 2-5 years by taking advantage of ongoing maintenance projects and grant funding opportunities. The plan will set the groundwork for identifying and prioritizing projects further into the future as redevelopment occurs.

The plan will take a holistic view of active transportation in the City and apply a systematic approach to the future of mobility. The study will include a needs assessment focused on identifying a backbone network of major arterials and other parallel facilities for walking and biking, combined with a series of first- and last-mile connections to key areas of the City, enhancing safety and creating efficient routing for local and regional active transportation trips. The network will ultimately enhance access between residential neighborhoods, schools, employment centers, parks, and transit, promoting physical activity and improving the health of people in Salinas.

The ATP will be developed taking cognizance of the General Plan Circulation Element (currently underway), which is ideal for creating synergy between the proposed active transportation facilities and the future land uses. Developing a design guide in parallel to the ATP will also help ensure the vision of the plan is carried out during the implementation phase of the proposed projects and programs.

The Salinas Active Transportation Existing Conditions and Needs Assessment from 2018 has already laid some groundwork for the existing conditions phase of this plan. Therefore, the existing conditions tasks laid out in this proposal will rely heavily upon the work that has already been completed and will supplement the previous study with more recent data and planning documents that have been completed since 2018. Reusing data and information from the previous study will allow the project team to focus more efforts on the analysis, concepts, and design phase of the plan. The plan will focus on providing mobility options for the historically underserved populations of Salinas, enhancing their resiliency during economic changes, and allowing people to move throughout the City safely. The key deliverable for this plan will be grant-ready project concepts and cost estimates that can be easily transitioned to the next phase of securing funding for final design and construction phases.

Work Plan
Task 0: Project Management
(not included in the RFP)
Task 0.1: Kick-Off Meeting
Kimley-Horn will prepare for and conduct a two-hour in-person project kick- off meeting with the City, during which the team will:
 Fine-tune the project scope and schedule
 Identify participants needed for subsequent project team meetings  Discuss the public outreach and engagement plan
 Review a list of availa
ble documents and data
 Discuss the City’s vision and goals f
or the project
Kimley-Horn will distribute meeting notes to attendees within 72 hours of the meeting.

Task 0.2: Project Team Meetings
Kimley-Horn will prepare for and conduct regular project team meetings where the team will review progress, discuss next steps, and refine the schedule as needed. In advance of each meeting, Kimley-Horn will prepare an agenda; during each meeting, we will provide an update on project deliverables and budget. The regularity of these meetings may change over the course of the project depending on the level of City input needed. Therefore, up to eight (8) regularly scheduled one-hour project meetings are accounted for in this task. It is assumed up to three (3) of these meetings can be in-person meetings if desired.

Task 0.3: Project
Management/Coordination
Kimley-Horn project manager, Amy
Restelli, will be the primary point of
contact for City staff and will manage
the Kimley-Horn and KTUA team
and project progress throughout
the project duration. Kimley-Horn
will provide quality control review
of all internal and subconsultant
deliverables before distributing to
City staff. Quality control time is
included in each of the respective
tasks described in this scope.

Task 0 Deliverables:
 One (1) in-person
kick-off meeting
 Up to eight (8) project
team meetings, (3)
ma
y be in-person
 Up to five (5)
coordination meetings
with Ecolog
y Action
 Monthly invoices and
prog
ress reports

PROFESSIONAL SERVICES FOR

THE SALINAS ACTIVE TRANSPORTATION PLAN

PROPOSAL FOR
City of Salinas  TRTP95003.2023
 6
Kimley-Horn will also coordinate closely with the Ecology Action team, ensuring that the community vision is carried out through the development of the plan. Specifically, Kimley-Horn will hold up to five (5) coordination meetings with Ecology Action to stay informed on progress with public outreach and feedback received from the community and stakeholders.

Kimley-Horn will develop monthly invoices and written progress reports to accompany each invoice.

Task 1: Existing Conditions
Task 1.1: Existing Conditions
Kimley-Horn will conduct a review of up to 10 local and regional planning documents relevant to the development of the Plan to identify planned projects and programs that impact bicycle and pedestrian mobility in the City, including the Salinas Active Transportation Existing Conditions and Needs Assessment from 2018. The review will focus on identifying relevant planned projects, community needs, and any policies or programs that would likely encourage or discourage active transportation in Salinas.

The Kimley-Horn team will also compile and examine existing circulation GIS data for pedestrians, bicyclists, and motorists to develop a socio-demographic analysis. This analysis will assess the need, demand, and potential for walking and bicycling (e.g., vehicle ownership, gender, age, etc.) using available existing data. Replica data will also be utilized to highlight major activity centers for walking and biking trips.

Task 1.2: GIS Mapping
The Kimley-Horn team will develop up to 16 base maps of the data analyzed in Task 1.1. The set of maps will include an existing and proposed network to illustrate pedestrian and bicycle routes by functional classification and their overall connections to the regional network as well as existing and proposed land use maps with key destinations.

It is assumed that the GIS files provided will conform to Model Inventory or Road Elements (MIRE) specifications, and that any required modifications or cleaning are not included in this scope and fee. Data such as Average Daily Traffic (ADT), speed limits, and roadway classifications are assumed to be provided in the GIS files.

Task 1.3: Trail Network
Building off of Exhibit D of the Alisal
MOU - Proposed Trail Network,
input from the community, and
other ongoing planning efforts,
the Kimley-Horn team will develop
base maps and document the
condition of existing trail segments
and potential corridor alignments.

Assessment of these trails and
corridors will include surface type,
amenities and connections to the
roadway network.

Task 2: Analysis
Task 2.1: Traffic Counts
The Kimley-Horn team will compile traffic count data provided by the City and request traffic count data from Caltrans where necessary. Based on the available count data, the project team will identify 10 locations where traffic count data would aid in the decision-making process for developing the recommended active transportation networks. The Kimley-Horn team will conduct traffic counts at these locations and compile the data for the City.

Task 2.2: Safety Analysis
The Kimley-Horn team will compile previously analyzed traffic safety data from the Salinas Local Roadway Safety Plan (LRSP) and supplement this data with a qualitative overview of pedestrian- and bicycle-related fatalities and serious injuries that have occurred since the LRSP data was analyzed. It is assumed the collision data is in a format that does not require additional analysis or cleanup in order to visually display collision trends.

Kimley-Horn will utilize historical collision data to identify pedestrian- and bicycle-related collision hot spot locations. The analysis will help identify high-incident locations, and the team will take a proactive approach to systemically identify countermeasures for reducing pedestrian- and bicycle- related collisions. The countermeasure profiles will later be incorporated into the Active Transportation Plan.

Task 2.3: Gap and Barrier Analysis
Kimley-Horn will map existing pedestrian and bicycle facilities in the City using any existing GIS or CAD data available from the City. If City records are incomplete, the Kimley-Horn
team will update the maps for the
arterial and collector roadway system
using available aerial photography.

The team will identify key thematic
active transportation needs based
on the data obtained and analyzed in
previous tasks, highlighting gaps in
the existing infrastructure that may
inhibit system use.

In coordination with the City,
Kimley-Horn will identify key activity centers (existing and proposed) such as schools, parks, job centers, tourist destinations, and other regional activity centers that attract pedestrians and bicyclists. Using the key destinations and proposed active transportation network, Kimley-Horn will develop a propensity active transportation demand model to understand the anticipated number of biking and walking trips. The preferred land use plan from the General Plan will be used to identify connectivity gaps between existing and proposed development.

Task 2.4: Level of Traffic Stress (LTS) Analysis
Kimley-Horn will perform a Bicycle Level of Traffic Stress (BLTS) analysis on circulation element roadways in the City to identify low-stress facilities in the existing bicycle network. The analysis will help identify areas that are considered high-stress environments for bicyclists based on roadway characteristics such as vehicle speeds, volumes, number of travel lanes, and distance between vehicles and bicyclists. The results will be used to inform the Task 1 Deliverables:
 Existing Active
T
ransportation Map
 Compiled availa
ble traffic data
 City demogra
phics data
 City land uses and key
destina
tions map
 Summary of
Existing Conditions
 Summary of
Trail Network
existing conditions and map
Task 2 Deliverables:
 Traffic counts
 Collision maps and dia
grams
 Gap and barrier ma
ps
 Level of Stress map
 Trail Network access
and connectivity
anal
ysis report and map

PROFESSIONAL SERVICES FOR

THE SALINAS ACTIVE TRANSPORTATION PLAN

PROPOSAL FOR
City of Salinas  TRTP95003.2023
 7
decision-making process for the recommended bike network, highlighting key areas in need of bicycle enhancements.

Task 2.5: Trail Network Access and Connectivity Analysis The Kimley-Horn team will evaluate the existing and proposed trail network, primarily focusing on points of access, existing connections, and crossings.

Identifying opportunities to expand trail connectivity, complete missing links, and assess the placement of safe crossings will be key to integrating the trails into the overall citywide active transportation network.

Task 3: Public Outreach (led by City of Salinas
and Ecology Action)
Task 3.1: Community Survey
Kimley-Horn will provide comments on the online community survey to be developed by Ecology Action. The goal of the survey will be to solicit feedback from the City’s residents and visitors on their vision for active transportation in Salinas. It will be important for the community members to feel informed about active transportation and empowered to make a difference in their City. The feedback
received will be incorporated in the
development of the recommended
networks, especially in the project
prioritization process.

Option Task 3.2: Public Workshop Support
The Kimley-Horn team will attend and present at up to two (2) public workshops. This task includes up to 20 hours of supporting materials (e.g., powerpoint slides, boards, etc.) per meeting and attendance from up to two (2) Kimley-Horn staff members.

Task 4: Advisory Committee Meetings (led by
City of Salinas and Ecology Action)
Task 4.1: Presentations to Stakeholder Advisory Committee Kimley-Horn will prepare for and
attend up to two (2) Stakeholder
Advisory Committee (SAC) meetings
facilitated by the City of Salinas
and Ecology Action. For the first
meeting, Kimley-Horn will present
the draft recommended networks
and preliminary concept alternatives
to solicit initial feedback from the
committee. For the second meeting,
Kimley-Horn will present design concepts based on feedback on alternatives as well as a draft implementation plan. The implementation plan will highlight key funding sources that the City can capitalize on in order to take the proposed projects to the design phase and will provide key actions and next steps for phasing the plan.

Kimley-Horn will also review any materials prior to or resulting from other SAC meetings. This portion of the task assumes up to 20 hours of time spent on reviewing materials.

Task 4.2: Stakeholder Interviews
Kimley-Horn will prepare for and participate in up to four (4) group interviews with various stakeholder groups to be facilitated by Ecology Action. The stakeholder group interviews will target specific locations where alternatives are under consideration and input from those invested in adjacent properties or heavily utilizing the corridor will be able to weigh in. Kimley-Horn will develop presentation materials for each stakeholder meeting. The interviews will be summarized and included as an attachment to the Active Transportation Plan document, if desired.

Task 5: Draft and Final Plans
Task 5.1: Project Network and Prioritization
The Kimley-Horn team will identify and recommend improvements to the pedestrian and bicycle networks for people walking, biking, and using mobility assistance devices, such as wheelchairs. Kimley-Horn will use previous planning studies as a starting point for a list of projects, then work with City staff to include locally desired projects that may not have been included in previous plans as well as appropriate gap closures and connections between existing communities and areas planned for development. Input collected through public outreach will also be incorporated into the list of desired projects. Kimley-Horn will prepare maps of proposed improvements. A high- level feasibility study will be performed for all recommended bikeway projects to ensure projects can be implemented within the existing right-of-way to the extent feasible. Kimley-Horn will make an effort to propose low-cost projects where feasible and recommend a connected network that does not rely on redevelopment in order to be successfully implemented.

The team will evaluate the recommendations based on goals developed by the community and describe impacts and benefits such as safety, connectivity, increased biking and walking, and maintenance. Prioritization will be completed using KTUA’s proprietary GIS tools. Criteria may include:
 Collision locations
 Capital Improvement Plans
 Public support (community engagement results)
 Bicycle Level of T
raffic Stress
 Local and regional connectivity
 Proximity to activity centers (schools, parks,
transit, retail, recreation, etc.)
 Schools eligible in the Free-Reduced Meal Prog
ram
 Social equity factors (household income, priva
te vehicle access, and
median income, among others)
 Healthy Places Index factors
It will be critical to evaluate potential gentrifica
tion and displacement of
residents that may result from proposed projects. Impacts on climate change based on active transportation improvements can also be evaluated.

Examples will be included to show how other regions assess gentrification, displacement, placemaking, and community involvement in the planning process. After review and comment, the prioritization criteria will be applied to the recommended active transportation network to develop a prioritized list of active transportation improvements for concept development.

Task 3 Deliverables:
 Comments on draft surve y
Task 4 Deliverables:
 Up to four (4)
stakeholder inter
views
 Presentation ma
terials
 Interviews summar
y
appendix

PROFESSIONAL SERVICES FOR

THE SALINAS ACTIVE TRANSPORTATION PLAN

PROPOSAL FOR
City of Salinas  TRTP95003.2023
 8
Task 5.2: Corridor Concept Analysis, Designs, and Costs Kimley-Horn will develop up to three (3) illustrative cross-section alternatives for the top six (6) priority projects (corridors or areas) identified in the prioritization process from Task 5.1. Consideration will be given to the complex intersections involved in each project, and high-level intersection designs will be identified for each of the alternatives. The alternatives will be presented to the project team, identifying trade-offs, traffic and safety impacts, anticipated community concerns, and design/implementation challenges. The alternatives will be presented at one of the project progress meetings for feedback from the City prior to presenting the alternatives to the Stakeholder Advisory Committee.

The concepts for the preferred alternative of the top six (6) projects (corridors or areas) will be developed at a 10% AutoCAD level based on aerial imagery or base maps provided by the City. The concepts will show locations of existing curb and gutter, back of sidewalk, medians, and pavement markings as well as right-of-way information provided by the City. Each concept will include up to three (3) intersection designs, of which one (1) intersection may be significantly complicated. The 10% concepts will be updated based on one (1) round of consolidated comments from the City.

Planning-level cost estimates will be developed for the six (6) priority projects based on the City’s latest unit costs and data collected from comparable cities in California. The cost estimate will include the entire length of the project, rather than limiting the cost to just the section that is shown in the concept.

The cost estimates will be provided to the level necessary for inclusion in future grant applications.

Up to four (4) trail network improvements will be designed as concept level plans in AutoCAD and will include planning level cost estimates based on feedback from the community, SAC, and the City. The concept level plans will also be based exclusively on the latest high-resolution aerial photos from Nearmap or available AutoCAD base mapping provided by City staff.

Task 5.3: Design Guidelines
The Kimley-Horn team will prepare design guidelines to address specific design solutions for the identified zones and projects in need. Existing AASHTO, FHWA, and NACTO resources will be used as needed. Improvements will include on-street/off-street bicycle and pedestrian facilities, citywide amenities, and other necessary standards. The trail-specific guidance may include details such as directional/wayfinding signage, trailhead features, lighting, benches, and trash/recycling receptacles. Where applicable, urban greening and placemaking guidelines will also be provided. The guidelines will be updated based on one (1) round of consolidated comments from the City.

Task 5.4: Funding and Phasing
Kimley-Horn will develop a compiled matrix of funding sources to plan and implement the active transportation and trail network improvements proposed in the Plan. The funding sources may include local, regional, state, and federal sources and would include a variety of fund types, including transportation, air quality, water quality, health, and sustainability. The funding list will include details on what each funding source can address, such as feasibility analysis, environmental review, right-of-way acquisition, final design, construction, maintenance, and operations. The matrix will include the anticipated next call for applications date and other key information needed for the applications.

A more detailed implementation plan for the top six (6) priority projects, identifying the most competitive funding sources and cycle timelines for each, will also be provided. The implementation memorandum will be updated based on one (1) round of consolidated comments from the City.

Task 5.5: Maintenance Plan and Cost Estimates
The Kimley-Horn team will coordinate with other City departments to identify a maintenance plan for each proposed trail project or trail improvement project and develop a cost estimate of annual opreational and maintenance costs associated with each project.

Task 5.6: Draft and Final Plan
Kimley-Horn will incorporate the results of all prior tasks listed, combined with the Salinas Active Transportation Plan: Outreach and Implementation, to create a draft Active Transportation Plan. The plan will be graphically illustrated with maps and drawings, including detailed recommendations for public infrastructure improvements. Following administrative review by the City and Caltrans and one (1) round of minor consolidated comments, the draft will be made available for review by the public for a 30-day comment period.

Based on input received by the public
on the draft plan, Kimley-Horn will
prepare the final Active Transportation
Plan. The final Active Transportation
Plan will include an action plan
for the City’s next steps towards
implementation of the recommended
projects and programs.

The Kimley-Horn team will lead
the preparation of a draft and final
Trail Network Master Plan that will
maintain a consistent look with the
Active Transportation Plan. This
plan will include all analysis and
recommendations discussed in
previous tasks, including existing
conditions, access and connectivity
analysis, Trail Network concept
design and cost estimates, potential
funding sources, design guidelines,
and maintenance plan.

Task 6: Board Review/Approval
Task 6.1: Board Review/Approval
Kimley-Horn will present the final version of the Salinas Active Transportation Plan to the Transportation Commission, Planning Commission, and City Council. The team will prepare materials for each presentation and adjust the presentation based on feedback from each group. This assumes up to 20 hours of work on presentation materials preparation.

Task 5 Deliverables:
 Draft and final
pedestrian and bicycle
recommend network maps
 Prioritization stra
tegy memo
 Conceptual design
alterna
tives
 Preferred design
alternatives and planning
level cost estima
tes
 Draft and final
design guidelines
 Implementation memo
 Administrative draft plan
 Draft plan
 Final plan
 Draft and Final T
rail
Network Master Plan
194.54% Overhead% Name
Amy Restelli Frederik Venter Adam
Dankberg
194.38% Overhead% w/o FCCM Category/Title Project Manager Technical Advisor QA/QC
10% Fee% Direct Rate $60.44 $124.04 $95.68 $104.29 $88.22 $73.36 $62.21 $55.67 $47.60 $49.05 $37.36 Billing Rate $195.81 $401.86 $309.98 $337.88 $285.81 $237.67 $201.55 $180.36 $154.21 $158.91 $121.04 Task 0 67 420020 3 2 6 80 3 2 2 07 $ 35,953.39 $ 35,953.39

0.1 720 0 01 1 0 2 0 $ 3,870.76 $ 3,870.76

0.2 44 2 2 2 0 52 0 102 $ 18,533.87 $ 18,533.87

0.3 16 0 0 0 32 5 32 85 $ 13,548.76 $ 13,548.76 Task 1 16 110000 1 2 3 600 6 6 $ 11,560.83 $ 16,010.29 $ 27,571.12

1.1 12 1 1 0 4 36 0 54 $ 9,334.71 $ 9,334.71

1.2 400 0 8 0 0 1 2 $ 2,226.12 $ 6,129.78 $ 8,355.90

1.3 0 $ ‐ $ 9,880.51 Task 2 12 0000 1 2 0 2 4 8 800 1 36 $ 23,101.19 $ 18,348.44 $ 41,449.62

2.1 000 0 0 0 00 $ ‐ $ ‐

2.2 400 0 4 0 08 $ 1,504.68 $ 6,129.78 $ 7,634.46

2.3 2 0 0 12 12 40 0 66 $ 11,576.51 $ 11,576.51

2.4 600 0 84 8 0 6 2 $ 10,019.99 $ 10,019.99

2.5 0 $ ‐ $ 12,218.66 Task 3 20000200 0 004 $ 866.97 $ 866.97

3.1 200 2 0 0 04 $ 866.97 $ 866.97 Task 4 28 42004004 200 8 0 $ 15,137.81 $ 15,137.81

4.1 16 2 0 4 0 30 0 52 $ 9,513.81 $ 9,513.81

4.2 12 2 2 0 0 12 0 28 $ 5,624.00 $ 5,624.00 Task 5 158 6306 4 0 0 6 2 6 74 0 4 0 9 89 $ 165,464.83 $ 61,601.90 $ 227,066.73

5.1 42 2 2 2 4 20 136 0 208 $ 35,750.32 $ 2,984.31 $ 38,734.63

5.2 56 1 1 4 30 12 314 0 418 $ 70,538.05 $ 30,822.10 $ 101,360.15

5.3 400 0 4 0 08 $ 1,504.68 $ 11,507.44 $ 13,012.12

5.4 10 0 0 0 0 40 0 50 $ 8,126.66 $ 8,126.66

5.5 $ ‐ $ 1,385.80 $ 1,385.80

5.6 46 3 0 6 26 184 40 305 $ 49,545.11 $ 14,398.93 $ 63,944.05 283 15 8 0 6 60 0 130 908 0 72 1482
55,414.88$ 6,027.93$ 2,479.86$ ‐$ 1,714.88$ 14,260.22$ ‐$ 23,446.61$ 140,025.88$ ‐$ 8,714.75$ $ 252,085.01 $ 95,960.62 $ 348,045.64 $ 14,083.40 $ 2,074.13 $ 16,157.53 $ 10,083.40 $ 974.13 $ 11,057.53 $ 4,000.00 $ 1,100.00 $ 5,100.00 $ 266,168.41 $ 98,034.76 $ 364,203.17 March 24, 2023
City of Salinas
Active Transportation Plan (ATP)
KTU&A Cost Project Total Cost
Draft and Final Plans
Analyst II Analyst ISr.

Professional II
Sr.

Professional I Professional II Professional I
Funding and Phasing
Project Management
Project Kick-Off Meeting
Project Team Meetings
Project Management
Gap and Barrier Analysis
Draft and Final Plans
Stakeholder Interviews
Maintenance Plan and Cost Estimates
TOTAL COST:

Existing Conditions
GIS Mapping
Traffic Counts
Safety Analysis
Level of Traffic Stress (LTS) Analysis
Trail Network Access and Connectivity Analysis
Community Survey
Public Outreach
Advisory Committee Meetings

TOTAL HOURS
Subtotal Labor:

Presentations to Stakeholder Advisory Committee
Other Direct Costs
Labor Escalation
Mileage/Travel
Corridor Concept Analysis, Designs, and Costs
Design Guidelines
Kimley-Horn and Associates, Inc.

KH Hours KH Cost
Existing Conditions
Analysis
Sr. Project
Support
Project
Support
Trail Network
Project Network and Prioritization

kimley‐horn.com 401 B Street, Suite 600, San Diego, California 92101 619 234 9411

August 1, 2024

Adriana Robles, P.E., CFM
City Engineer
City of Salinas Engineering Division
200 Lincoln Avenue
Salinas, CA 93901

Re: Scope of Services and Fee
Salinas ATP – Amendment 1

Scope of Services
Project Understanding
Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) entered into an agreement with the City of Salinas (“City” or “Client”), dated 3/24/2023 to develop an Active Transportation Plan (ATP) focused on implementable projects for which the City can pursue design-phase funding.

This amendment is intended to define the out-of- scope effort already provided or requested to be provided by the City, and request compensation for the additional scope of work.

Task 1 – Existing Conditions
During the existing conditions phase, it was assu med that the GIS data provided by the City would allow for Kimley-Horn to cut back fee on Task 1.2 – GIS Mapping, from the original Scope of Services.

The GIS data provided was incomplete which accounted for the task taking more effort than anticipated.

This task accounts for the additional amount of budget spent to clean up the City’s GIS files and get them in working condition for creating the existing conditions and future recommendations maps for the ATP.

Task 2 – Project Prioritization
The Kimley-Horn team exceeded the anticipated budget for the project prioritization task due to additional unanticipated rounds of revisions of the prioritization methodology, criteria, and weighting system for prioritizing the full list of projects recommended in the ATP. This task accounts for the additional amount of budget spent on rounds of revisions.

TASK 3 – Additional Meetings
Subtask 3.1 Meeting with TTC Members
In coordination with City staff, Kimley-Horn will attend and present an overview of the draft ATP to TTC members. We will solicit feedback about the draft ATP and incorporate comments in the final ATP. In advance of the meeting, Kimley-Hor n will prepare materials for the presentation. This scope of work assumes one (1) meeting with up to one (1) one Kimley-Horn staff in attendance.

Subtask 3.2 Meeting with SWG
In coordination with City staff, Kimley-Horn will a ttend and facilitate an overview of the draft ATP to SWG members. We will solicit feedback about the draft ATP and incorporate comments in the final ATP. In advance of the meeting, Kimley-Horn will prepare materials for the presentation. This scope of work assumes one (1) meeting with up to two (2) Kimley-Horn staff in attendance.

Subtask 3.3 Meeting with City Staff and TAMC
During the project management phase, Task 0.2 – Project Team Meetings assumed up to eight (8) project meetings from the original Scope of Services. Kimley-Horn has completed a total of 11 project team meetings while staying within budget. Kimley-Horn will meet and coordinate with City and TAMC staff to solicit feedback about the draft ATP and incorporate comments in the final ATP. In advance of each meeting, Kimley-Horn will prepare an agenda; after each meeting, Kimley-Horn will send out meeting notes. This scope of work assumes up to three (3) additional one-hour meetings with up to two (2) Kimley-Horn staff in attendance.

Subtask 3.4 Meetings with City Council Members
In coordination with City staff, Kimley-Horn will attend and present an overview of the Final ATP to City Council members. In advance of the meeting, Kimley-Horn will prepare materials for the presentation.

This scope of work assumes up to one (1) meeting over the course of the project and (1) one member from Kimley-Horn in attendance.

Schedule
We will provide our services as noted in the above Scope of Services and will complete the work within a schedule mutually agreed upon.

Fee and Billing
Tasks 1-2 account for the additional amount of budget spent for existing conditions and project prioritization. Labor fee spent shown below.

Task 1 Existing Conditions $_ 8,000__
Task 2 Project Prioritization $_ 6,500__

Kimley-Horn will perform the services in Task 3 on a time and materials basis, consistent with the original scope of service. Labor fee shown below.

Task 3 Additional Meetings $_ 20,570.66 _

Total Contract $_35,070.66 _

Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client.

Individual task amounts are provided for budgeting pu rposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary.

Labor fee will be billed on an hourly basis according to our then-current rates. As to these tasks, direct reimbursable expenses such as express delivery serv ices, fees, air travel, and other direct expenses will be billed at 1.15 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses as to these tasks such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Administrative time related to the project may be billed hourly. All permitting, application, and similar project fees will be paid directly by the Client. Should the Client request Kimley-Horn to advance any such project fees on the Client’s behalf, an invoice for such fees, with a fifteen percent (1 5%) markup, will be immediately issued to and paid by the Client.

Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number.

Sincerely,

KIMLEY-HORN AND ASSOCIATES, INC.

Frederik Venter, P.E.

P.E. No. 64621

194.54% Overhead% Name
Whitney
DiGiantommaso
Frederik
Venter
Adam
Dankberg
194.38% Overhead% w/o FCCM Category/Title Project Manager Technical Advisor QA/QC
10% Fee% Direct Rate $60.44 $124.0 4 $95.68 $104.29 $88.22 $73.36 $62.21 $55.67 $47.60 $49.05 $37.36 Billing Rate $195.81 $401.86 $309.98 $337.88 $285.81 $237.67 $201.55 $180.36 $154.21 $158.91 $121.0 4 Task 3 3 3 0 00030 4 00 00 7 6 $ 20,570.66 $ 20,570.66

0.1 10 20 30 $ 7,625.79 $ 7,625.79

0.2 37 10 $ 3,400.47 $ 3,400.47

0.3 5 3 12 20 $ 4,886.62 $ 4,886.62

0.4 8 81 6 $               4,657.77   $                             ‐   $                    4,657.77 0 $                            ‐   $                             ‐   $                                 ‐ 0 $                            ‐
0 $                            ‐
0 $                            ‐
0 $                            ‐
0 $                            ‐
0 $                            ‐
0 $                            ‐
0 $                            ‐
0 $                            ‐
0 $                            ‐
0 $                            ‐    $                                 ‐ 0 $                            ‐    $                                 ‐ 0 $                            ‐    $                                 ‐ 0 $                            ‐    $                                 ‐ 0 $                            ‐    $                                 ‐ 0 $                            ‐
0 $                            ‐
0 $                            ‐
0 $                            ‐
0 $                            ‐
$                            ‐
0 $                            ‐
3 30
00030 4 00 00 7 6
587.44$                  12,055.87$     ‐$                 ‐$                 ‐$                 713.01$           ‐$                 7,214.34$        ‐$                   ‐$                 ‐$                 $             20,570.66   $                             ‐    $                  20,570.66 $                            ‐
$                                 ‐
$                         ‐    $              20,570.66 August 1, 2024
City of Salinas
Active Transportation Plan (ATP) - Amendment #1
KTU&A Cost Project Total Cost
Kimley-Horn and Associates, Inc.

KH Hours KH Cost
Analyst II Analyst ISr.

Professional II
Sr.

Professional I Professional II Professional I
Additional Meetings
Meeting with TTC Members
Meeting with SWG Members
Meeting with City Staff and TAMC
Meeting with City Council Members
Other Direct Costs
Labor Escalation
Mileage/Travel
TOTAL COST:

TOTAL HOURS
Subtotal Labor:

Sr. Project
Support
Project
Support

KIMLEY-HORN AND ASSOCIATES, INC.

STANDARD PROVISIONS

1) Kimley-Horn's Scope of Serv ices and Additional Services. Kimley-Horn will perform only the services specifically described in this Agreement. If requested by the Client and agreed to by Kimley-Horn, Kimley- Horn will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay Kimley-Horn for any Additional Services an amount based upon Kimley- Horn’s then-current hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.15 times cost.

2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall:
a. Designate in writing a person to act as its representative, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. b. Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and all standards of development, design, or construction. c. Provide Kimley-Horn all available st udies, plans, or other documents pertaining to the project, such as surveys, engineering data, environmental information, etc., all of which Kimley-Horn may rely upon. d. Arrange for access to the site and other property as required for Kimley-Horn to provide its services. e. Review all documents or report s presented by Kimley-Horn and commun icate decisions pertaining thereto within a reasonable time so as not to delay Kimley-Horn. f. Furnish approvals and permits from governmental au thorities having jurisdiction over the project and approvals and consents from other parties as may be necessary. g. Obtain any independent accounting, legal, insurance, cost estimating, and feasibility services required by Client.
h. Give prompt written notice to Kimley-Horn whenev er the Client becomes awar e of any development that affects Kimley-Horn's services or any defect or noncompliance in any aspect of the project.

3) Period of Services. Unless otherwise stated herein, Kimley-Horn will begin work after receipt of a properly executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that Kimley -Horn does not control. If such delay or suspension extends for more than six months, Kimley-Horn’s compensation shall be renegotiated.

4) Method of Payment. Client shall pay Kimley-Horn as follows:
a. Invoices will be submitted periodically for services performed and expenses incurred. Invoices are due and payable upon presentation. Client shall pay Kimley-Horn a time price differential of one and one-half percent (1.5%) of the outstanding amount of each invoice that is overdue for more than 30 days. The Client shall also pay any applicable sales tax. All retainers will be held by Kimley-Horn and applied against the final invoice.

If the Client fails to make any payment due under this or any other agreement within 30 days after presentation, Kimley-Horn may, after giving notice to the Client, suspend services and withhold deliverables until all amounts due are paid, and may commence legal proceedings including filing liens to secure payment. b. If the Client relies on payment or proceeds from a third party to pay Kimley-Horn and Client does not pay Kimley-Horn’s invoice within 60 days of receipt, Kimley -Horn may communicate directly with such third party to secure payment.
c. If the Client objects to an invoice, it must advise Ki mley-Horn in writing giving its reasons within 14 days of receipt of the invoice or the Client ’s objections will be waived, and the invoice shall conclusively be deemed due and owing. If the Client objects to only a portion of the invoice, payment for all other portions remains due.
d. If Kimley-Horn initiates legal proceedings to collect payme nt, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at Kimley-Horn's norma l hourly billing rates, of the time devoted to such proceedings by its employees.
e. The Client agrees that the payment to Kimley-Horn is not subject to any contingency or condition. Kimley- Horn may negotiate payment of any check tendered by the Client, even if the words “in full satisfaction” or
words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of Kimley-Horn to collect additional amounts from the Client.

5) Use of Documents. All documents and data prepared by Kimley-Horn are related exclusively to the services described in this Agreement and may be used only if the Clie nt has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use or reuse by the Client or others on extensions of this project or on any other project. An y modifications by the Client to any of Kimley-Horn’s documents, or any reuse of the documents without written authorization by Kimley-Horn will be at the Client's sole risk and without liability to Kimley-Horn, and the Client shall indemnify, defend and hold Kimley-Horn harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. Kimley-Horn’s electronic files and source code remain the property of Kimley-Horn and shall be provided to the Client only if expressly provided for in th is Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the Client and use of them is at the Client’s sole risk.

In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by Kimley-Horn, the hardcopy shall govern.

6) Intellectual Property. Kimley-Horn may use or develop its pr oprietary software, patents, copyrights, trademarks, trade secrets, and ot her intellectual property owned by Kiml ey-Horn or its affiliates (“Intellectual Property”) in the performance of this Agreement. Unless ex plicitly agreed to in writing by both parties to the contrary, Kimley-Horn maintains all interest in and ownership of its Intellectual Property and conveys no interest, ownership, license to use, or any other rights in the Intellectual Property to Client. Any enhancements of Intellectual Property made during the performance of this Agreement are solely owned by Kimley-Horn and its affiliates. If Kimley-Horn’s services include providing Client with access to or a license for Kimley-Horn’s (or its affiliates’) proprietary software or technology, Client agrees to the terms of the Software License Agreement set forth at https://www.kimley-horn.com/khts-software-license-agreement (“the License Agreement”) which terms are incorporated herein by reference.

7) Opinions of Cost. Because Kimley-Horn does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment as a professional familiar with the industry. Kimley-Horn cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an indepe ndent cost estimator. Kimley-Horn's services required to bring costs within any limitation established by the Client will be paid for as Additional Services.

8) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failur e by the other party to perform in accordance with the terms hereof, or upon thirty days’ written notice for the convenience of the terminating party. Kimley-Horn shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by Kimley-Horn as a result of such termination.

9) Standard of Care. The standard of care applicable to Kimley-Horn’s services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by Kimley-Horn's performance of services, and it is agreed that Kimley-Horn is not a fiduciary with respect to the Client.

10) LIMITATION OF LIABILITY. In recognition of the relative risks an d benefits of the Project to the Client and Kimley-Horn, the risks are allocated such that, to the fullest extent allowed by law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of Kimley-Horn and Kimley-Horn's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of or in any way related to the services under this Agreement from any causes, including but not limited to, t he negligence, professional errors or om issions, strict liability or breach of contract or any warranty, express or implied, of Kimley-Horn or Kimley-Horn's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by Kimley-Horn under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee.

This Section is intended solely to limit the remedies available to the Client or those claiming by or through the Client, and nothing in this Section shall require the Client to indemnify Kimley-Horn.

11) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits.

12) Construction Costs. Under no circumstances shall Kimley-Horn be liable for extra costs or other consequences due to unknown conditions or related to the failure of contractors to perform work in accordance with the plans and specifications. Kimley-Horn shall have no liability whats oever for any costs arising out of the Client’s decision to obtain bids or proceed with construction before Kimley-Horn has issued final, fully approved plans and specifications. The Client acknowl edges that all preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained.

13) Certifications. All requests for Kimley-Horn to execute certif icates, lender consents, or other third-party reliance letters must be submitted to Kimley-Horn at leas t 14 days prior to the requested date of execution.

Kimley-Horn shall not be required to execute certificat es, consents, or third-party reliance letters that are inaccurate, that relate to facts of which Kimley-Horn does not have actual knowle dge, or that would cause Kimley-Horn to violate applicable rules of professional responsibility.

14) Dispute Resolution. All claims arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the American Arbitration Association as a condition precedent to litigation. Any mediation or civil action by Client must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes.

15) Hazardous Substances and Conditions. Kimley-Horn shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Kimley-Horn's services will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. Kimley-Horn w ill notify the Client of unanticipated hazardous substances or conditions of which Kimley-Horn actually becomes aware. Kimley-Horn may stop affected portions of its services until the hazardous substance or condition is eliminated.

16) Construction Phase Services.
a. If Kimley-Horn prepares construction documents and Kiml ey-Horn is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against Kimley-Horn in any way connected thereto. b. Kimley-Horn shall have no responsibility for any c ontractor's means, methods, techniques, equipment choice and usage, equipment maintenance and inspection, sequence, schedule, safety programs, or safety practices, nor shall Kimley-Horn have any authority or responsibility to stop or direct the work of any contractor. Kimley- Horn's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by Kimley- Horn. Kimley-Horn neither guarantees the performance of contractors, nor assumes responsibility for any contractor’s failure to perform its work in accordance with the contract documents. c. Kimley-Horn is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contra ctor shall state that the contractor shall be solely responsible for job site safety and its means and methods; that the contractor shall indemnify the Client and Kimley-Horn for all claims and li ability arising out of job si te accidents; and that the Client and Kimley-Horn shall be made additional insureds under the contractor’s general liability insurance policy.

17) No
Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Cli ent and Kimley-Horn, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and Kimley-Horn. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Kimley-Horn, without the written consent of Kimley-Horn. Kimley-Horn reserves the right to augment its staff with subconsu ltants as it deems appropriate due to pr oject logistics, schedules, or market conditions. If Kimley-Horn exercises this right, Kimley-Horn will maintain the agreed-upon billing rates for services identified in the contrac t, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants.

18) Confidentiality. The Client consents to the use and dissem ination by Kimley-Horn of photographs of the project and to the use by Kimley-Horn of facts, data and information obtained by Kimley-Horn in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, Kimley-Horn shall use reasonable care to maintain the confidentiality of that material.

19) Miscellaneous Provisions. This Agreement is to be governed by t he law of the State of California. This Agreement contains the entire and fully integrated ag reement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements, or understandings, whether written or oral.

Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by Kimley-Horn. If Client requires Kimley-Horn to register with or use an online vendor portal for payment or any other purpose, any terms included in the registration or use of the online vendor portal that are in consistent or in addition to these terms shall be void and shall have no effect on Kimley-Horn or this Agreement. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement.

1 RESOLUTION NO. 22673 (N.C.S.)

A RESOLUTION 1) RESCINDING RESOLUTION NUMBER 22640; 2) APPROVING

THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SALINAS AND KIMLEY HORN AND ASSOCIATES, INC. FOR THE ACTIVE TRANSPORTATION PLAN; 3) AUTHORIZING THE USE OF ACTIVE
TRANSPORTATION PLAN FUNDS (CIP 5800.50.9349) UP TO $364,203.17 FOR THE AGREEMENT WITH KIMLEY HORN AND ASSOCIATES, INC. FOR THE SALINAS ACTIVE TRANSPORTATION PLAN; 4) AUTHORIZING A TRANSFER TO THE ACTIVE TRANSPORTATION ACCOUNT (CIP 5800.50.9349) OF $60,000 FROM THE BICYCLE LANE INSTALLATIONS ACCOUNT (CIP 5800.50.9607); AND 5)

AUTHORIZING A TRANSFER TO THE ACTIVE TRANSPORTATION ACCOUNT (CIP 5800.50.9349) OF $100,000 FROM THE EDE ALISAL VIBRANCY PLAN (CIP 5800.30.9246)

WHEREAS, The City of Salinas received a Sustainable Transportation Planning Grant to develop an Active Transportation Plan; and

WHEREAS, the City released a request for proposals on January 9th, 2023, for Professional Services for the Salinas Active Transportation Plan; and

WHEREAS, the City received four (4) proposals from Alta, Kimley Horn and Associates, Inc., Mark Thomas, and TJKM; and

WHEREAS, after evaluating proposals and consultant interviews an evaluation committee selected Kimley Horn and Associates, Inc. as the most qualified consultant for this scope of work; and

WHEREAS, on April 18th, 2023, Salinas City Council approved an agreement with Kimley Horn and Associates, Inc. for the Active Transportation Plan; and

WHEREAS, the agreement had erroneously omitted subconsultant fees; and

WHEREAS, 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).

NOW, THEREFORE, BE IT RESOLVED that Resolution Number 22640 is hereby rescinded; and

BE IT FURTHER RESOLVED that the Salinas City Council hereby approves a Resolution approving the agreement for Professional Services between the City of Salinas and Kimley Horn and Associates, Inc. for the Active Transportation Plan; and

BE IT FURTHER RESOLVED that the Salinas City Council hereby approve a Resolution authorizing the use of Active Transportation Plan funds (CIP 5800.50.9349) up to DocuSign Envelope ID: EBDB1DD4-031A-4215-9A9C-84CD6CF53667 2 $364,203.17 for the agreement with Kimley Horn and Associates, Inc. for the Salinas Active Transportation Plan; and

BE IT FURTHER RESOLVED that the Salinas City Council hereby approve a Resolution authorizing a transfer to the Active Transportation Account (CIP 5800 .50.9349) of $60,000 from the Bicycle Lane Installations Account (CIP 5800.50.9607); and

BE IT FURTHER RESOLVED that the Salinas City Council hereby approve a Resolution authorizing a transfer to the Active Transportation Account (CIP 5800.50.9349) of $100,000 from the EDE Alisal Vibrancy Plan (CIP 5800.30.9246).

PASSED AND APPROVED this 16th day of May 2023, by the following vote:

AYES: Councilmembers Barrera, Gonzalez, McShane, Osornio, Rocha, Sandoval and Mayor Craig

NOES: None

ABSENT: None

ABSTAIN: None

APPROVED:

________________________
Kimbley Craig, Mayor

ATTEST:

____________________________
Patricia M. Barajas, City Clerk
DocuSign Envelope ID: EBDB1DD4-031A-4215-9A9C-84CD6CF53667

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-487, Version: 1
Emergency Public Works Yard Admin Sewer Repair
Approve a Resolution authorizing the City Manager to execute an agreement with E&D Industrial Trades, LLC dba ACME Plumbing for emergency sewer repair at the Public Works Yard in an amount of $39,950 and approve a 10% contingency in the amount of $3,995 for a total not to exceed amount of $43,945.

City of Salinas Printed on 9/5/2024Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2024
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR

BY: SEAN SCHMIDT, FACILITIES MAINTENANCE MANAGER

TITLE: EMERGENCY PUBLIC WORKS YARD ADMIN SEWER REPAIR

RECOMMENDED MOTION:

A motion to a pprove a Resolution authorizing the City Manager to execute an agreement with E&D Industrial Trades, LLC dba ACME Plumbing fo r emergency sewer repair at the Public Works Yard in an amount of $39,950 and approve a 10% contingency in the amount of $3,995 for a total not to exceed amount of $43,945.

EXECUTIVE SUMMARY:

The Public Works Yard Admin sewer line has been having blockages over the last year, having to be snaked every two weeks. A plumber was called out to investigate the problem and it was determined that the sewer line was broken in two spots and had roots growing inside. Due to the age of the sewer line and because the line supplies the only women’s restroom, emergency repair to replace the sewer line was required.

BACKGROUND:

The Public Works Facilities Division has been working with the Yard Admin Supervisor, trying to mitigate the sewer line blockages at the Public Works Yard over the past year . The sewer line has been getting worse over time. Multiple plumbing contractors have snaked the line, along with the Facilities Division. Earlier this month, while servicing the sewer line, it was found that the line was not unclogging and could not keep up with the use of the restroom.

On August 8, 2024, ACME Plumbing was called to assist the Facilities Division to assist with a solution to the blockage and found that the restrooms needed to be shut down. The assessment after sending a camera down the sewer line found that the sewer line was broken in two spots and tree roots going in one spot. The recommendation was to replace the entire length of sewer line to main line approximately 95 feet of 4-inch sewer line. The replacement w ould not only allow Facilities to save time and manpower dealing with the blockages but would also allow use of the restroom without continuous disruptions.

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Due to the emergency nature of the repair, work was authorized with the City Manager’s approval for this maintenance replacement project. Labor and materials were estimated at $ 39,950. A ten percent (10%) contingency is requested as part of this work to address any unforeseen deficiencies in the system that may be discovered prior to completion.

Staff is seeking Council approval of this repair of the Yard Admin sewer line pursuant to Section 12-27 of the Salinas Municipal Code. Staff is requesting exceptions to competitive bidding for this agreement given that the City Manager deemed this an emergency repair and that compet itive bidding of this item would further extend the timeline for replacement of the only women’s restroom at the yard.

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:

This project addresses the current City Council’s G oals of Infrastructure and Environmental Sustainability by improving city facilities.

DEPARTMENTAL COORDINATION:

The Facilities Division along with the Yard Admin Supervisor, have worked together to identify funding for the replacement of the sewer line . The Public Works Facilities Division has been working to address system failures throughout the City and bring the items before Council for your approval. The Facilities D ivisions will ensure timely replacement and proper protocols are followed.

FISCAL AND SUSTAINABILITY IMPACT:

Funding is available and appropriated in the Facilities Division (1000.50.5232).

ATTACHMENTS:

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

A RESOLUTION APPROVING EMERGENCY PUBLIC WORKS YARD SEWER REPAIR

WHEREAS, Public Works Facilities Division has been working with the Yard Admin Supervisor on issues pertaining to City Yard Admin women’s restroom; and

WHEREAS, on August 8, 2024, the Facilities Division informed the Public Works Yard Admin Supervisor that the sewer line to the women’s restroom had failed; and

WHEREAS, replacement of the sewer line was deemed an emergency by the City Manager and repair was authorized to proceed; and

WHEREAS, pursuant to Section 12-27 competitive bidding would further delay ordering and replacing the sewer line; and

WHEREAS, E&D Industrial Trades, LLC , dba ACME Plumbing is familiar with the City’s policies and procedures.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby approves an agreement with E&D Industrial Trades, LLC, dba ACME Plumbing for the emergency sewer line repair in an amount of $39,950 and a 10 % contingency amount of $3,995 for a total amount not to exceed amount of $43,945 ; and

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute all necessary documents related to the Emergency Sewer Line Yard Admin Repair.

PASSED AND APPROVED this 20th day of August 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

______________________________
2 Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk
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AGREEMENT FOR SERVICES BETWEEN

THE CITY OF SALINAS AND ACME PLUMBING

Emergency PW Yard Admin Sewer Repair

THIS AGREEMENT is executed this 10th day of September 2024, (“Agreement” or “Contract”) between the City of Salinas , a California Charter city and municipal corpora tion (hereinafter “City”) and E&D Industrial Trades, LLC ACME Plumbing, a California corporation (Hereinafter “Contractor”).

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

1. Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, the following services: Replace Ninety-Five feet of cast iron pipe using the Trenchless system for the restrooms in the PW admin building . Scope of work is further discussed in Contractor’s Proposal dated 8/8/2024, Attachment B.

3. Term. The work under this Agreement shall commence August 9, 2024 , and shall be completed by August 30 th, 2024, unless City grants a written extension of time as set forth in Section 2 above.

4. Payment. City agrees to pay, and Contractor agrees to accept as full and fair consideration for the performance of this Agreement , Thirty-Nine Thousand, Nine Hundred, Fifty Dollars ($39,950) plus a 10% contingency ($3, 995) for a total not to exceed amount of Forty-Three Thousand, Nine Hundred, Forty -Five Dollars ($ 43,945), as more fully described in title of Contractors fee schedule, Attachment C. Contractor has no right of reimbursement for expenses under this Agreement. Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City. The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.

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

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

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

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

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

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

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

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

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

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

15. Laws. Contractor agrees that in the performance of this Agreement it will comply with all applicable State, Federal and local laws and regulations including those outlined in Attachment C.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.

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

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CITY OF SALINAS

__________________________________
Rene Mendez
City Manager

APPROVED AS TO FORM:

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

CONTRACTOR

___________________________________

By (Printed Name):___________________

Its (Title):___________________________

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Attachment A

Insurance Requirements

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

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

1. Commercial General Liability (“CGL”): Insurance Services Office ( “ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and completed operations, prope rty damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 2 5 04) or the general aggregate limit shall be twice the required occurrence limit.

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

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

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

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

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

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

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performe d by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf Agreement for Services v. January 2021 Page 5 of 11
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of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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

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

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

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

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

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

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

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

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

Maintenance of Insurance
Maintenance of insurance by Con tractor as specified shall in no way be interpreted as relieving Agreement for Services v. January 2021 Page 6 of 11
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Contractor of its indemnification obligations or any responsibility whatsoever and the Con tractor may carry, at its own expense, such additional insurance as it deems necessary.

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Payment bond

2. Performance bond

3. Maintenance bond

The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty, a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

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Attachment B

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Attachment C
DEPARTMENT OF INDUSTRIAL RELATIONS’ STATE LABOR CODE
Labor Law Requirements
(CCR Title 8, Section 16421)

This public works project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). All work shall be in accordance with wage scales and applicable determinations made by the Director of the DIR, as provided by Article 2, Chapter 1, Division 2, Part 7 of the Labor Code of the State of California, commencing with §1771.

Penalties for violations may be applied by the DIR pursuant to the Labor Code §1813 and §1815. The C ontractor shall indemnify, hold harmless , and defend the City (with counsel reasonably approved by the City) against any claim for damages, compensation, fines, penalties , or other amounts arising out of the failure or alleged failure of any per son or entity (including Contractor and its subcontractors) to pay prevailing wages as determined pursuant to Labor Code §1720, and hereby agrees to, §§1771-1774; to employ apprentices pursuant to Labor Code §1777.5 et seq., and/or to comply with the other applicable provisions of Labor Code §1720 et seq., §§1771- 1774, §1777.5 et seq., and the implementing regulations of the DIR in connection with t he scope of work. This indemnification section shall survive the expiration of the Term.

The Federal and State Labor Law requirements applicable to the Agreement are composed of, but not limited, to the following items:

1. Payment of Prevailing Wage Rates: All contractors, including subcontractors, shall pay no less than the prevailing rate of wages (Labor Code §1775), including the rates for holidays and overtime work (Labor Code §§1813 and 1815), to all workers employed in the execution of the contract (Labor Code §1774), pursuant to Labor Code §§1720-1784.

The prevailing rates are those issued as wage determina tions by the D IR, for each craft, classification and type of work. The current wage rate information can be found at the DIR’s website at: https://www.dir.ca.gov/oprl/DPreWageDetermination.htm.

Copies of the prevailing rate of per diem wages are on file at City’s Public Works Department (principal place of office). Contractor shall post a copy of the determination of the Director of DIR of the prevailing rate of per diem wages at each job site.

2. Apprentices: Contractor and subcontractors shall employ registered apprentices on this public works Agreement pursuant to Labor Code §1777.5. All contractors on this project (prime and subcontractors) are required to submit the Division of Apprentic eship Standards’ (“DAS”) Public Works Contract Award Information (DAS 140) form to all applicable apprenticeship committees no later than 10 days before commencing work.

Additionally, all contractors are required to request registered apprentices (DAS 142 form).

Penalties for failure to pay prevailing wages (for non -exempt projects) and failure to employ apprentices include forfeitures and debarment under Labor Code § §1775 and 1777.7.

3. Certified Payroll Records: All contractors, including subcontractors, mus t maintain and file certified payroll records (“CPRs”) pursuant to Labor Code §1776. Additionally, all contractors and subcontractors must furnish certified payroll records into the DIR’s Electronic Certified Payroll Reporting (“eCPRs”) database Agreement for Services v. January 2021 Page 11 of 11
E&D Industrial Trades, LLC ACME Plumbing
August 2024

(https://efiling.dir.ca.gov/eCPR/pages/eCPROnlineForm.jsp). Penalties apply to Contractor and any Subcontractors for failure to do so under Labor Code §1777.

4. Subcontracting: Contractors are required to list all subcontractors hired to perform work on this public works agreement.

5. Proper Licensing/Registration : All contractors and subcontractors are required to be properly licensed, in accordance with the Provisions of Chapter 9 of Division 3 of the Business and Professions Code and subject to the requirements of §4104 of the Public Contract Code. In addition, all contractors including subcontractors must submit proof of current registration to perform public work, pursuant to Labor Code §1771.1. Contractors are r equired to be properly licensed and to require all subcontractors to be properly licensed. Penalties for employing workers while unlicensed under Labor Code §1021 and under the California Contractors License Law, found at Business and Professions Code §7000 et. seq.

6. Job Site Notices: Contractors are required to post all required notices (posters) on the job site in an area accessible to all workers, including subcontractors. Posters must be readable and placed in visible areas allowing workers to access the posters before, during, and after work shifts. Jobsites with multiple locations must include a portable poster board to ensure continued access to the information. Posters placed in foreman, supervisor, or empl oyee vehicles, in an offsite job trailer, or inside a temporary restroom do not meet the posting requirement. Posters may be printed from the DIR’s website at:
http://www.dir.ca.gov/wpnodb.html.

7. Nondiscrimination in Employment – Equal Employment Opportunity (“EEO”) :

Employment discrimination is prohibited, pursuant to Labor Code §1777.6, the Government Code, and Title VII of the Civil Rights Act of 1964.

8. Kickbacks Prohibited: Contractors and subcontractors are prohibited from recapturing wages illegally by accepting or extracting “kickbacks” from employee wages pursuant to Labor Code §1778.

9. Acceptance of Fees Prohibited : Contractors and subcontractors are prohibited from accepting fees for registering any person for public work or for filling work orders on public works contracts, pursuant to Labor Code §§1779 and 1780.

10. Unfair Competition Prohibited : Contractors and subcontractors are prohibited from engaging in unfair competition as specified under Business and Professions Code §§17200 - 17208.

11. Workers’ Compensation: Contractors and subcontractors must be properly insured for Workers’ Compensation under Labor Code §1861. Contractor hereby represents that Contractor is aware of the provisions of Section 370 0 of the Labor Code, which require every employee to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor will comply with such provisions before commencing the performance of the work of this agreement.

12. OSHA: Contractors and subcontractors must abide by the Occupational, Safety, and Health Laws and regulations that apply.

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-488, Version: 1
City Hall 1st Floor Build Back Project No. 8170 Change Order No. 6 Approve a Resolution authorizing the City Manager to execute Change Order No. 6 to Premier Builders, Inc. for the City Hall 1st Floor Build Back Project No. 8170 in the amount of $151,140; and execute any and all Change Orders required for the completion of the reconstruction of City Hall.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2024
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, P.E., L.S., PUBLIC WORKS DIRECTOR
BY: JONATHAN ESTEBAN, ASSISTANT ENGINEER

ADRIANA ROBLES, PE, CFM, CITY ENGINEER
TITLE: CITY HALL 1st FLOOR BUILD BACK PROJECT NO. 8170 CHANGE ORDER NO. 6

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the City Manager to:

1. Execute Change Order No. 6 to Premier Builders, Inc. for the City Hall 1st Floor Build Back Project No. 8170 in the amount of $151,140; and

2. Execute any and all Change Orders required for the completion of the reconstruction of City Hall.

EXECUTIVE SUMMARY:

The City Hall Emergency Roof Repair removed nonstructural ceiling, lighting, flooring, and HVAC, among other building elements, to abate the interior of City Hall. On December 5, 2023, City Council award ed an emergency construction contract to Premier Builders , Inc. for the installation of the items removed durin g the roof repair. Following removal of the ceiling grid, interior walls became unstable and required removal. TEF Architects and mechanical/electrical designers provided revised construction plans that included electrical design requirements, mechanical/plumbing changes, drinking fountain changes, changes to door hardware and keying, paint finish changes, addition of sound insulation, and additional demolition, among other improvements.

Change Order No. 6, in th e amount of $151,140, for changes corresponding to electrica l, mechanical, plumbing, architectural and structural per the Revised Build Back Plans is above the City Manager’s authority threshold per Policy 75-1, requiring council approval.

BACKGROUND:

On April 4, 2023, City Council awarded a contract to F C & Sons Roofing, Inc. for the City Hall Emergency Roof Repair Project, CIP 8170 in the amount of $646,271 and Contract Change Order No. 1 for abatement of City Hall First Floor in the amount of $412,031.

The scope for Contract Change Order No. 1 included abatement of asbestos containing fireproofing spray, demolition of T-bar ceiling, ceiling tiles, lighting, HVAC, flooring, and mastic

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within the first floor of city hall. Prior to start of the project all City staff and furniture was moved out of the city hall 1st floor abatement space.

On December 5, 2023, City Council awarded an emergency construction contract to Premier Builders, Inc. for the City Hall 1st Floor Build Back No. 8170 in the amount of $1,8 59,138. The project scope included rebuild of all building elements that were removed during the abatement including HVAC, lighting, ceiling, flooring, etc.

Contract Change Order No. 1 was approved to update the Davis Bacon Wages in the contract specifications.

After the abatement work, most office walls were unstable and required replacement. The City’s architect, TEF Architects, revised the original plans to include the installation of new office walls, revised lighting and flooring, installation of new d oors and storefronts, upgrade of restrooms and installation of new ADA restrooms. Design -build plans were prepared for new electrical and mechanical systems.

Contract Change Order No. 2, in the amount of $47,741, was approved for the Contractor to begin demolition and asbestos abatement of the unstable walls while revised plans continued design.

On April 23, 2024, Resolution No. 22950 Contract Change Order No. 3 was approved for the revised plans including installation of new office walls, refurbishment of restrooms, installation of new ADA bathrooms, and corresponding changes to electrical and mechanical systems in the amount of $1,259,693 and authorized $400,000 in new construction contingencies.

Contract Change Order No. 4, in the amount of $5,667, was approved for the creation of drawings to be provided to PG&E for gas service relocation from the old Police Station building to City Hall.

During refurbishment of the existing restrooms, it was discovered that the existing wall framing was made of thin metal trusses and plaster. This would not allow for tile backer to be installed and raised concerns of stability of the art fixture within the main lobby wall. Due to this, TEF Architects was consulted and additional changes to the plans were made to demo and replace certain restroom walls and sister the art wall to a new framed wall to maintain the City’s art wall within the main lobby. A revised typical lateral bracing detail was also included for all walls within the project scope. This also included reinstalling the ladder for roof access and electrical panel on the other side of the women’s restroom and the rack within the IT closet on the o ther side of the men’s restroom.

Contract Change Order No. 5, in the amount of $50,909, was approved for the addition of lateral bracing and the revisions to the existing restrooms.

During the permit review process, several changes were made to the mechani cal/plumbing, electrical, and architectural plans. The project architect, TEF Architects, and mechanical/electrical designers, revised the plans to include electrical design requirements, mechanical/plumbing changes, drinking fountain changes, changes to d oor hardware and keying, paint finish changes, addition of sound insulation, additional demolition, etc.

Contract Change Order No. 6 is required to complete all the pending work per the revised construction plans mentioned above in the amount of $151,140.

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Of the $400,000 construction contingencies approved by Resolution No. 22950, $343,414 remains.

There are enough remaining contingencies to approve Contract Change Order No. 6 for $151,140.

Table 1 provides a breakdown of construction costs.

Staff requests City Council approve a resolution authorizing the City Manager to execute Change Order No. 6 to Premier Builders, Inc. for the City Hall 1 st Floor Build Back Project No. 8170 in the amount of $151,140 and authorize the City Manager to execute any and all C hange Orders required for the completion of the reconstruction of City Hall to expedite completion of the project.

Table 1: Construction Cost Request Breakdown
Change Order No. Description Contract Amount
Original Contract Original Contract $1,859,138.00
Change Order No. 1 Update to Davis Bacon Wages $0.00
Change Order No. 2 Demolition of unstable walls $47,741.00 Change Order No. 3 Additions from revised plans $1,259,693.00 Change Order No. 4 Drawings for gas service relocation $5,677.00 Change Order No. 5 Additional bathroom demo/framing $50,909.00 Change Order No. 6 Additions due to permit revisions $151,140.00 TOTAL $3,374,298.00
CEQA CONSIDERATION:

The City of Salinas has determined that the proposed action is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15301).

STRATEGIC PLAN INITIATIVE:

This project addresses the current City Council’s Goals of Operational Efficiency and Public Safety.

DEPARTMENTAL COORDINATION:

The Public Works Department is collaborating with Legal, Administration and Finance Departments. Construction efforts are coordinated with Administration, Maintenance and IT.

FISCAL AND SUSTAINABILITY IMPACT:

Sufficient funding will be available in CIP 8170 for execution of Contract Change Order No. 6.

ATTACHMENTS:

Resolution

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

A RESOLUTION AUTHORIZING APPROVAL OF CONTRACT CHANGE ORDER NO. 6 FOR THE CITY HALL 1ST FLOOR BUILD BACK, PROJECT NO. 8170

WHEREAS, on April 4, 2023, City Council, pursuant to Resolution No. 22627, awarded an emergency construction contract to F C & Sons Roofing, Inc. for the City Hall Emergency Roof Repair, Project No. 8170 and Contract Change Order No. 1 for abatement; and

WHEREAS, the scope for Contract Change Order No. 1 included abatement of a sbestos containing fireproofing spray, demolition of T-bar ceiling, ceiling tiles, lighting, HVAC, flooring, and mastic within the floor of City Hall; and

WHEREAS, on December 5, 2023, City Council , pursuant to Resolution No. 22860, awarded an emergency construction contract to Premier Builders, Inc. for the City Hall 1st Floor Build Back No. 8170 in the amount of $1,859,138; and

WHEREAS, on April 23, 2024, Resolution No. 22950 Contract Change Order No. 3 was approved for the revised plans including inst allation of new office walls, refurbishment of restrooms, installation of new ADA bathrooms, and corresponding changes to electrical and mechanical systems in the amount of $1,259,693 and authorized $400,000 in new construction contingencies; and

WHEREAS, during the permit review process, changes we required to the mechanical , plumbing, electrical, and architectural plans; and

WHEREAS, Contract Change Order No. 6 incorporates the revised plans per permit review into the construction contract for $151,140; and

WHEREAS, City staff recommend s delegating authority of change orders to the City Manager to expedite the project; and

WHEREAS, the City of Salinas has determined that the proposed action is categorically exempt from environmental review under the Ca lifornia Environmental Quality Act (CEQA Guidelines Section 15301).

NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the City Manager to execute Contract Change Order No. 6 to Premier Builders, Inc. for the City Hall 1st Floor Build Back Project No. 8170 in the amount of $151,140; and BE IT FUTURE RESOLVED that the City Council authorizes the City Manager to execute any and all change orders required for the completion of the City Hall reconstruction.

PASSED AND APPROVED this 10th day of September 2024, by the following vote:

AYES:
2 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#24-496, Version: 1
Industrial Wastewater Pump Station Improvements at Airport Blvd. Project, CIP 9009 - Bid Rejection Approve a Resolution rejecting all bids for the Industrial Wastewater Pump Station Improvements at Airport Blvd., CIP 9009.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2024
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, P.E., L.S., PUBLIC WORKS DIRECTOR
THRU: ADRIANA ROBLES, P.E., C.F.M., CITY ENGINEER
BY: VICTOR SANCHEZ, ASSISTANT ENGINEER
TITLE: REJECTION OF BIDS FOR THE INDUSTRIAL WASTEWATER
PUMP STATION IMPROVEMENTS AT AIRPORT BLVD., CIP
9009

RECOMMENDED MOTION:

It is recommended that City Council approve a resolution rejecting all bids for the Industrial Wastewater Pump Station Improvements at Airport Blvd., CIP 9009.

EXECUTIVE SUMMARY:

On July 16, 202 4, the City received 3 bids for the Industrial Wastewater Pump Station Improvements at Airport Blvd. , CIP 9009 . The three bidders are Anderson Pacific Engineering Construction Inc., Monterey Peninsula Engineering, and Mountain Cascade, Inc., with a total Base Bid of $ 2,083,185, $ 2,328,593, and $ 2,474,090, respectively. The engineer’s estimate is $1,394,340, putting the proposals receive d at 49%, 67%, and 77% higher than anticipated and exceeding available funding. Staff recommends rejecting all bids for the Industrial Wastewater Pump Station Improvements at Airport Blvd., CIP 9009 due to insufficient funding.

BACKGROUND:

The City of Salinas owns and operates an Industrial Wastewater Collection and Conveyance System which takes agricultural process water from 26 users. The system is comprised of a network of piping, an industrial wastewater pump station (IWWPS), and the Industrial Waste Treatment Facility (IWTF). The industrial wastewater pump station is located on Airport Boulevard in southeast Salinas and consists of a wet well and three underground pumps which convey industrial wastewater to the IWTF for processing.

On J anuary 18, 2022, the City Council awarded a design contract to Harris and Associates to conduct a structural evaluation and perform capacity upgrades to the pump station. The industrial wastewater pump station improvements were approved by the City Engineer on June 14, 2024.

The project was advertised for bidding on the same date with a bid opening date of July 16, 2024.

The City received 3 bids for the Industrial Wastewater Pump Station Improvements at Airport Page | 2
Blvd., CIP 9009. Bids were opened through Zoom, with the following results (see attached Bid Tabulation Sheet for details):

Rank Contractor Total Base Bid
1 Anderson Pacific Engineering Construction Inc. $2,083,185.00 2 Monterey Peninsula Engineering $2,328,593.00
3 Mountain Cascade, Inc. $2,474,090.00
Based on provisions of the Project Specifications, “ The basis of award shall be the lowest total bid, as noted in the Proposal. The City further reserves the right to award or reject the Base Bid or any item(s) within, depending on availabl e funding.” The lowest bidder is Anderson Pacific Engineering Construction Inc . with a total Base Bid of $2,083,185. The engineer’s estimate is $1,394,340, putting the proposals received higher than anticipated.

On June 25, 2024, City Council approved Resolution No. 23030 which reappropriated funds from various CIPs, including CIP 9009, into the CIP 9368 to fund the award of the Industrial Wastewater Treatment Facility Sediment Removal Project, CIP 9368. Although it is anticipated that costs for the Ind ustrial Wastewater Treatment Facility Sediment Removal Project may be reimbursable through FEMA and CalOES, as much of the damage was caused by the 2023 storms, there are currently insufficient funds available in CIP 9009 to award the Industrial Wastewater Pump Station Improvements project. When the reimbursable funds are received, expected to be in December, the Industrial Wastewater Pump Station Improvements at Airport Blvd project will be rebid. If the bids again come in over the Engineer’s estimate, staff will request money be reappropriated from other industrial waste funds to fully fund the project. The four -month delay should not cause problems with the overall Industrial Wastewater Collection and Conveyance System.

The “Notice to Bidders” informed the bidders that the City reserves the right to reject any and all Proposals and waive any irregularities to any Proposals received.

Staff recommends rejecting all bids for the Industrial Wastewater Pump Station Improvements at Airport Blvd. Staff will rebid the project when sufficient funds are available in CIP 9009.

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).

Section 15300.2 as all exceptions do not relate to the project scope of work for this project.

STRATEGIC PLAN INITIATIVE:

This projec t, when awarded, will addresses the current City Council’s Goals of “ Economic Development”.

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DEPARTMENTAL COORDINATION:

Coordination between Public Works and Maintenance Department for identification of scope of work of the project.

FISCAL AND SUSTAINABILITY IMPACT:

This action does not have a fiscal impact.

ATTACHMENTS:

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

A RESOLUTION REJECTING ALL BIDS FOR THE INDUSTRIAL WASTEWATER PUMP STATION IMPORVEMENTS AT AIRPORT BLVD., CIP 9009

WHEREAS, the City of Salinas owns and operates an Industrial Wastewater Collection and Conveyance System which includes the industrial wastewater pump station; and

WHEREAS, on January 18, 2022, the City Council approved an agreement with Harris and Associates to perform evaluations and prepare the Industrial Wastewater Pump Station Improvements (Resolution No. 22290); and

WHEREAS, the City Engineer approved the improvement plans and specifications on June 14, 2024; and

WHEREAS, City Staff on July 16, 2024, at a public meeting held via Zoom meeting from City Hall, at Salinas, California, publicly opened, examined, and declared all bids or proposals delivered electronically via PlanetBids for the Industrial Wastewater Pump Station Improvements at Airport Blvd., CIP 9009 in accordance with the Project Specifications; and

WHEREAS, the City received 3 bids for the Industrial Wastewater Pump Station Improvements at Airport Blvd. Project from Anderson Pacific Engineering Construction Inc., Monterey Peninsula Engineering, and Mountain Cascade, Inc., with a total Base Bid of $2,083,185.00, $2,328,593.00, and $2,474,090.00, respectively; and

WHEREAS, the three bids received are higher than the engineer’s estimate; and

WHEREAS, there are currently insufficient funds in CIP 9009 to award the Industrial Wastewater Pump Station Improvements project; and

WHEREAS, the Project Specifications state the City reserves the right to reject any and all proposals and waive any irregularities to any proposals received.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby rejects all bids received for the Industrial Wastewater Pump Station Improvements at Airport Blvd., CIP 9009.

PASSED AND APPROVED this 10th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
2 APPROVED:

________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk
BID OPENING:

July 16 2024
B I D T A B U L A T I O N PROJECT No. 9009
INDUSTRIAL WASTEWATER PUMP STATION IMPROVEMENTS AT AIRPORT BLVD., CIP 9009 Bid awarded on _______ by City Council to ___________ Project Engineer: Victor Sanchez for the sum of __________ Project Manager: Victor Sanchez All other bids were rejected and bid bonds returned.

Dated CONTRACTOR #1
City Clerk ENGINEER'S

ESTIMATE
ITEM APPROX. UNIT UNIT UNIT UNIT
NO. QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL BASE BID NO. 1
1 MOBILIZATION/DEMOBILIZATION 1 LS 67,000.00$ 67,000.00$ $88,000.00 88,000.00$ $110,000.00 110,000.00$ $90,000.00 90,000.00$ 2 DEMOLITION 1 LS 40,000.00$ 40,000.00$ $30,000.00 30,000.00$ $25,000.00 25,000.00$ $115,000.00 115,000.00$ 3 BYPASS PUMPING 1 LS 150,000.00$ 150,000.00$ $140,000.00 140,000.00$ $350,000.00 350,000.00$ $210,000.00 210,000.00$ 4 TRAFFIC CONTROL 1 LS 11,000.00$ 11,000.00$ $12,000.00 12,000.00$ $35,000.00 35,000.00$ $30,000.00 30,000.00$ 5 IMPLEMENT EROSION AND SEDIMENT CONTROL PLAN 1 LS 25,000.00$ 25,000.00$ $9,500.00 9,500.00$ $15,000.00 15,000.00$ $12,500.00 12,500.00$ 6 TRENCH SHEETING, SHORING AND BRACING 1 LS 50,000.00$ 50,000.00$ $15,000.00 15,000.00$ $10,000.00 10,000.00$ $5,000.00 5,000.00$ 7 AC RESTORATION 95 TON 180.00$ 17,100.00$ $400.00 38,000.00$ $370.00 35,150.00$ $200.00 19,000.00$ 8 ABANDON DRYWELL (BY FILLING) 50 CY 400.00$ 20,000.00$ $800.00 40,000.00$ $250.00 12,500.00$ $280.00 14,000.00$ 9 ABANDON EX 14” SS FORCEMAIN (BY FILLING) 18 LF 40.00$ 720.00$ $800.00 14,400.00$ $640.00 11,520.00$ $1,000.00 18,000.00$ 10 INSTALL 14” FM BY OPEN TRENCH 60 LF 420.00$ 25,200.00$ $1,200.00 72,000.00$ $940.00 56,400.00$ $1,115.00 66,900.00$ 11 14” ELECTROMAGNETIC FLOW METER (SITRANS FM MAG 3100) 1 EA 11,000.00$ 11,000.00$ $12,000.00 12,000.00$ $20,000.00 20,000.00$ $10,000.00 10,000.00$ 12 PRECAST VALVE VAULT, PIPING, VALVES AND CONNECTION TO EXISTING FORCEMAIN 1 LS 78,000.00$ 78,000.00$ $320,000.00 320,000.00$ $280,000.00 280,000.00$ $320,000.00 320,000.00$ 13 WET WELL IMPROVEMENTS 1 LS 62,000.00$ 62,000.00$ $88,000.00 88,000.00$ $180,000.00 180,000.00$ $140,000.00 140,000.00$ 14 CONCRETE TOP WITH HATCH FOR WET WELL 1 LS 18,000.00$ 18,000.00$ $99,950.00 99,950.00$ $100,000.00 100,000.00$ $95,000.00 95,000.00$ 15 FLYGT MT 3202, 34 HP PUMPS 3 EA 75,000.00$ 225,000.00$ $85,000.00 255,000.00$ $110,000.00 330,000.00$ $236,963.00 710,889.00$ 16 MISC. FOR WET WELL INSTALLATION (GROUTING, ANCHORING, CHAIN, AND RAILS) 1 LS 16,000.00$ 16,000.00$ $60,000.00 60,000.00$ $50,000.00 50,000.00$ $4,000.00 4,000.00$ 17 REMOVE AND REPLACE EX FENCE IN-KIND 32 LF 120.00$ 3,840.00$ $90.00 2,880.00$ $330.00 10,560.00$ $400.00 12,800.00$ 18 REMOVE AND REPLACE SIDEWALK 145 SF 40.00$ 5,800.00$ $15.00 2,175.00$ $75.00 10,875.00$ $40.00 5,800.00$ 19 REMOVE AND REPLACE CURB AND GUTTER 28 LS 140.00$ 3,920.00$ $60.00 1,680.00$ $381.00 10,668.00$ $300.00 8,400.00$ 20 ELECTRICAL EQUIPMENT 1 LS 124,000.00$ 124,000.00$ $460,000.00 460,000.00$ $310,000.00 310,000.00$ $240,864.00 240,864.00$ 21 KOHLER 80-kW/100kVA, 480 V, GENERATOR MODEL 80REOZJF, 215-GALLON SUBBASE DIESEL TANK 1 EA 250,000.00$ 250,000.00$ $125,000.00 125,000.00$ $110,000.00 110,000.00$ $115,000.00 115,000.00$ 22 8’ SECURITY FENCE FOR GENERATOR 64 LF 90.00$ 5,760.00$ $400.00 25,600.00$ $280.00 17,920.00$ $260.00 16,640.00$ 23 GENERATOR CONCRETE PAD 1 EA 10,000.00$ 10,000.00$ $12,000.00 12,000.00$ $18,000.00 18,000.00$ $10,000.00 10,000.00$ 24 INSTRUMENTATION & CONTROLS 1 LS 175,000.00$ 175,000.00$ $160,000.00 160,000.00$ $220,000.00 220,000.00$ $204,297.00 204,297.00$ TOTAL BASE BID NO. 1 (ITEMS 1-24)
(FOR COMPARISON ONLY)
CONTRACTOR #2 CONTRACTOR #3
Drawing No.
1370 Norman Avenue, Santa Clara, CA,95054
Anderson Pacific Engineering Construction, Inc.
408-970-9900
555 Exchange Court, Livermore, CA, 94550
925-373-8370
GRAND TOTAL BASE BID (ITEMS 1-24) 1,394,340.00$ 2,083,185.00$ 2,474,090.00$ 2,328,593.00$ Mountain Cascade, Inc.Monterey Peninsula Engineering
192 Healy Ave, Marina, CA, 93933
831-384-4081
2,328,593.00$ 2,474,090.00$

UNITDESCRIPTION
2,083,185.00$ 1,394,340.00$
8/27/2024 11:06 AM J:\p\9009 Industrial Waste Lift Station\Bid Operations\Exhibit-A_BidTab.xls Page 1 of 1 City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-498, Version: 1
Direct Purchase of Police Vehicles
Approve a Resolution authorizing the Purchasing Officer to directly purchase eight (8) vehicles for use by Police Department employees for a total cost not to exceed $394,517.10.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2024
DEPARTMENT: SALINAS POLICE DEPARTMENT
FROM: JOHN MURRAY, ACTING CHIEF OF POLICE
BY: TONYA ERICKSON, POLICE SERVICES ADMINISTRATOR

DIANA CALIZO, ADMINISTRATIVE ANALYST

TITLE: DIRECT PURCHASE OF POLICE VEHICLES

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the Purchasing Officer to directly purchase eight (8) vehicles for use by Police Department employees for a total cost not to exceed $394,517.10.

BACKGROUND:

The FY 2024-25 City Budget provided funding to Departments to purchase new and replacement vehicles for use by Police Department employees and funding is available within the Department’s Vehicle Replacement Budget. The Department has identified new and replacement vehicle priorities based upon funding availability, and those purchases are identified in this Report.

The Salinas Plan identified the following goal related to Operational Efficiencies: “Implement a Citywide fleet strategy to centralize fleet operations, contract out non -routine fleet repair and maintenance functions, and develop fleet tracking, rightsizing, and replacement plans .” In 2020 the City’s Public Works ’ Fleet Div ision began performing routine repair and maintenance for Police Department vehicles, and in 2023 they expanded services to include emergency equipment repair and installation on Police Vehicles. In 2021, Public Works implemented Fleetio, a fleet management software, to track and manage Citywide fleet vehicles and operations. Also in 2021, the Police Department developed a Fleet Replacement Plan to focus on standardization of vehicles, establishment of replacement cycles, and electrification of City fleet vehicles.

Over the last few years, all Departments have sometimes struggled with purchasing fleet vehicles.

Departments have spent significant time trying to locate or order new and replacement vehicles as not all vehicles are consistently available for purchase via State Contract, and local dealerships are often charging premiums on desired vehicles, especially hybrids. W hen vehicles do become available, or State Contract order windows open, dealerships ask for an immediate commitment or issuance of a purchase order which requires City Council approval. In the case of most vehicles available via State Contract, the next model year pricing and order window have not yet been Page | 2
established but we have been told that orders will be cancelled if a purchase order is not generated within 30 days. Given the challenge with locating available vehicles at competitive cost we are requesting authorization to purchase target vehicles, once located, as long as the total cost for each vehicle does not exceed the projected not to exceed amount identified and the total for all the vehicles does not exceed the total amount identified in this Report.

The chart contained within this report identifies the target vehicle and pricing information for each vehicle needing to be purchased. Each vehicle has a Not to Exceed (NTE) total which represents the maximum purchasing authority granted. Additionally, purchases may not exceed the total fleet-related appropriations within the Police Department’s FY 2024-25 budget. Target vehicles are identified, though substitutions to equivalently priced and equipped vehicles may be necessary due to inventory challenges. Purchases of alternate makes or models will be subject to review and approval by the City’s Fleet Manager based upon how the vehicles fit within the City vehicle standardization framework, ability to provide internal maintenance and repair services, and projected vehicle reliability. The Police Department will make every effort to purchase locally if within the purchasing preference threshold , but given market conditions and vehicle availability, that may not be possible.

All requested purchase amounts utilize the mo st recent publicly available State Contract rate as the underlying pricing source. We have incorporated the 9.25% sales tax for the City of Salinas, as well as $1,000 to account for any potential dealer fees. The State contract price is below the Manufacturers Suggested Retail Price (MSRP) price, or the price available via local dealerships, thus we are requesting authorization of a contingency amount to allow for the higher price.

Additionally, the dealerships are still transitioning to the new model year, while listed State contract prices are based upon current model year which can no longer be ordered. To account for an anticipated new model year price increase of up to 15%, as well as the 10% local purchasing preference, we have calculated a 25% contingency for each vehicle.

Target Vehicle
Pricing
Resource Qty
Per-Vehicle
Price
Taxes &
Fees
25%
Contingency
NTE (Per
Vehicle)
Ford Explorer (or alternate
SUV, van, truck, or sedan)
State
Contract 3

41,317.86

4,821.90

11,534.94

57,674.70
RAV 4 Hybrid (or alternate
SUV/sedan)
State
Contract 5

31,523.00

3,915.88

8,859.72

44,298.60

TOTAL VEHICLES 8 NOT TO EXCEED (NTE) TOTAL

394,517.10

Based upon the information provided within this report, t he C ity Council has the authority to approve this direct purchase under Salinas Municipal code Section12 -27 and without application of the local purchasing preference pursuant to Salinas Municipal Co de Section 12 -28.080; however, preference will be given to local vendors when such vehicles are available for purchase within the local purchasing preference guidelines and within the not to exceed amounts identified in this Report.

POLICE COMMUNITY ADVISORY COMMITTEE:

Page | 3

The Acting Chief of Police presented this item to the Police Community Advisory Committee on August 28, 2024. The Committee had an opportunity to ask questions or make comments related to this requested purchase.

CEQA CONSIDERATION:

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

STRATEGIC PLAN INITIATIVE:

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

DEPARTMENTAL COORDINATION:

The Police Department and the Public Works Department have and will continue to collaborate on purchases, and coordinate with the Finance Departments during the purchasing process.

FISCAL AND SUSTAINABILITY IMPACT:

Funds are appropriated and available within the Department’s FY 2024-25 Vehicle Replacement Fund Budget, account 7121.40.4130.

ATTACHMENTS:

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

RESOLUTION AUTHORIZING THE DIRECT PURCHASE OF

POLICE VEHICLES

WHEREAS, the FY 202 4-25 City Budget provides funding to purchase new and replacement vehicles for use by Police Department employees, and the Department has identified vehicle needs and priorities, as well as the target vehicle and price for purchase; and

WHEREAS, all requested purchase amounts are based upon an most recently available State Contract as the underlying pricing source, and includes taxes, fees and a 25% contingency when determining the per-vehicle Not to Exceed amount as identified in this Resolution; and

WHEREAS, the City Council can approve this purchase pursuant to Salinas Municipal Code Section 12 -27 ( exception to low -bid based competition ) in contracting for equipment, materials, supplies and services and pursuant to Salinas Municipal Code 12 -28 (local purchasing preference).

NOW, THEREFORE, BE IT RESOLVED the Salinas City Council authorizes the Purchasing Officer to complete the direct purchase of eight (8) vehicles identified as necessary by the Police Department, when such vehicles can be located, provided the total cost of each vehicle does not exceed the projected not to exceed cost identified in this Resolution and also provided the total cost for all the vehicles does not exceed $394,517.10.

Target Vehicle
Pricing
Resource Qty
Per-Vehicle
Price
Taxes &
Fees
25%
Contingency
NTE (Per
Vehicle)
Ford Explorer (or alternate
SUV, van, truck, or sedan)
State
Contract 3

41,317.86

4,821.90

11,534.94

57,674.70
RAV 4 Hybrid (or alternate
SUV/sedan)
State
Contract 5

31,523.00

3,915.88

8,859.72

44,298.60

TOTAL VEHICLES 8 NOT TO EXCEED (NTE) TOTAL 394,517.10

PASSED AND APPROVED this 10th day of September, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

2 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#24-499, Version: 1
Approval to Seek Funding for Upgrades to the Police Mobile Command Vehicle Approve a Resolution authorizing the Police Department to seek funding to support the modification and upgrade of the Police Mobile Command Vehicle.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2024
DEPARTMENT: SALINAS POLICE DEPARTMENT
FROM: JOHN MURRAY, ACTING CHIEF OF POLICE
BY: SETH MORTEN, POLICE SERGEANT

TONYA ERICKSON, POLICE SERVICES ADMINISTRATOR
TITLE: APPROVAL TO SEEK FUNDING FOR UPGRADES TO THE

POLICE MOBILE COMMAND VEHICLE

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the Police Department to seek funding to support the modification and upgrade of the Police Mobile Command Vehicle.

BACKGROUND:

The Police Department’s Mobile Command Vehicle (MCV) was funded in 2006 through an Urban Area Safety Initiative Grant (UASI). This custom-built command vehicle is equipped with computer terminals, police radios, cameras with zoom capabilities, refrigerator, microwave, and a restroom that all can be used during a prolonged event. The vehicle can be deployed as a mobile base of operation for command, control, and communication during critical incidents such as a hostage negotiation or mass casualty incident, or natural/manmade disasters such as flooding, wildfires, or earthquakes. The mobile command vehicle is a regional asset that can be beneficial to support and control law enforcement activities.

The MCV currently has old and outdated technology from 2006 and has had no modifications or upgrades since it’s purchase. The cameras are blurry, and some do not work. During the 2024 Salinas Rodeo, the entire camera system went down, and it no longer has recording capabilities.

One of the two police radios do not work, and the computer terminals can no longer connect to our mobile police computer database. During a preplanned or a critical emergency, it’s imperative for law enforcement to quickly communicate with other first responders, view camera footage to make decisive plans and complete research all while in the field to ensure a safe outcome for our community and all first responders.

The Salinas F ire Department recently updated their MCV which has allowed them to be more effective, safer and deliver a better -quality service during an emergency. A similar update is required for the police department’s MCV to enhance collaboration with all first responders during Page | 2
preplanned community events such as the Salians Rodeo or the Salinas Airshow or critical incidents.

The Salinas Police Department does not have the funds within the FY 2024 -25 budget to support the necessary modifications and upgrade, but given the age of the MCV , and the significant technology improvements in the last 18 years, it is a priority for the Police Department to modify and upgrade this vehicle to current technology to ensure the Police Department is able to respond to a disaster or significant incident when necessary. Given no available funds with the City budget, the Police Department is requesting approval to seek alternative funding, not to exceed $250,000, to support this work.

Assembly Bill 481 – Military Equipment Fun ding, Acquisition, and Use, requires the Salinas Police Department to obtain approval from the Salinas City Council prior to the funding, acquisition, or use of “Military Equipment” as defined by the Bill. Assembly Bill 481, codified in Government Code sections 7071(a)(1)(B) specifically requires approval of the governing body prior to “seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.” As the Police Department’s Mobile Command Vehicle meets the criteria of AB 481 Category 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units, and the anticipated upgrades are significant in nature, City Council approv al is required prior to seeking funding to support the necessary modifications and/or upgrades for this vehicle. Potential MCV upgrade options may also include a tethered drone which meets the criteria of AB 481 Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles . More information about AB 481, including Salinas Police Department’s policy and equipment inventory is available at www.salinaspd.org/assembly-bill- 481. Salinas Police Department Policy 709 Addendum A provides the applicable equipment inventory, including the purpose of equipment, cost, lifespan, and authorized use.

If the Police Department is successful in obtaining a funding award to support the nec essary modifications and upgrades to the Mobile Command Vehicle, or the purchase of any associated AB 481 equipment, the department will return to City Council for approval to accept the funding and authorize any purchases or work to be completed.

POLICE COMMUNITY ADVISORY COMMITTEE:

The Police Chief pr esented the needed for the Mobile Command Vehicle modifications and upgrades, and the intent to request approval to seek funding , to the Police Community Advisory Committee (PCAC) during the Chief’s Report at the August 28 , 2024 meeting. The Committee had an opportunity to ask questions or make comments related to this item.

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).

Page | 3
STRATEGIC PLAN INITIATIVE:

Approving the proposed resolution will support the City Council’s Strategic Plan Goal of Public Safety.

DEPARTMENTAL COORDINATION:

The Police Department will coordinate with the Public Works Department’s Fleet Division on plans for modifications and upgrades to the Mobile Command Vehicle. If funds are awarded, the Police Department will further coordinate with the Finance and Legal Departments.

FISCAL AND SUSTAINABILITY IMPACT:

There is no direct cost related to the department’s request for approval to seek funds to support potential MCV modifications and upgrades. Should funds be awarded, the department will return to City Council for approval to accept funds and authorize any purchases or work to be completed.

ATTACHMENTS:

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

RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO SEEK FUNDING

FOR MODIFICATION AND UPGRADE TO THE MOBILE COMMAND VEHICLE

WHEREAS, the Salinas Police Department ’s Mobile Command Vehicle is 18 years old and is in need of modification and upgrade to maintain functionality and ensure the ability to respond to natural disasters and critical incidents; and

WHEREAS, the Salinas Police Department does not have funds within the FY 2024 -25 budget to support the necessary modification and upgrade, thus desires to seek alternative funding to support this work; and

WHEREAS, the Mobile Command Vehicle is defined as “Military Equipment” per Assembly Bill 481 (AB 481) , thus requires City Council approval prior to seeking funding to support this major modification and/or upgrade which could include additional AB 481 equipment.

NOW, THEREFORE, BE IT RESOLVED the Salinas City Council authorizes the Salinas Police Department to seek funding to support the significant modification and upgrade to the Mobile Command Vehicle.

PASSED AND APPROVED this 10th day of September, 2024, 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#24-502, Version: 1
2024 Pavement Improvements on Various Streets Project, CIP No. 9981 Contract Change Order No. 5 Approve a Resolution approving the transfer of $181,825.60 from the Traffic Calming Improvements Project (CIP 9163) to the Slurry Seal Improvements Project (CIP 9981); and authorizing the City Manager to approve Contract Change Order No. 5 in an amount not to exceed $181,825.60.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2024
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, P.E., L.S., PUBLIC WORKS DIRECTOR
BY: VICTOR SANCHEZ, ASSISTANT ENGINEER
ADRIANA ROBLES P.E., C.F.M., CITY ENGINEER
TITLE: 2024 PAVEMENT IMPROVEMENTS ON VARIOUS STREETS
PROJECT, CIP NO. 9981 CONTRACT CHANGE ORDER NO. 5

RECOMMENDED MOTION:

It is recommended that the City Council approve a resolution:

1. Approving the transfer of $181,825.60 from the Traffic Calming Improvements Project (CIP 9163) to the Slurry Seal Improvements Project (CIP 9981); and

2. Authorizing the City Manager to approve Contract Change Order No. 5 in an amount not to exceed $181,825.60.

EXECUTIVE SUMMARY:

On February 20, 2024, City Council approved Resolution 22903 awarding a contract to Granite Rock Company in the amount of $5,387,979.50, approving a $612,020.50 allowance for extension of the patch and repair limits and 25% contingency, and authorizing the Interim City Manager to execute all contract change orders.

Contract Change Order No. 5 will direct the contractor to perform additional patch and repair locations for West Acacia Street, Iverson St reet, Rainier Dr ive, and Circle Dr ive using Traffic Calming funds to facilitate placement of speed cushions.

BACKGROUND:

On February 20, 2024, City Council approved Resolution 22903, awarding a contract to Granite Rock Company in the amount of $5,387,979.50, approving a $612,020.50 allowance for extension of the patch and repair limits and 25% contingency, and authorizing the Interim City Manager to execute all contract change orders.

Contract Change Order No. 5 is required to patch and repair pavement at locations where speed cushions are located or proposed to be located along West Acacia Street, Iverson Street, Rainier Drive, and Circle Dr ive. Traffic calming plans for West Acacia Street (Resolution No. 22558), Iverson Street (Resolution No. 22602) and Rainier Drive (Resolution No. 22858) were approved by City Council in 2023 but pavement conditions did not allow for proper installation of the speed cushions. Similarly, the pavement condition at Circle Drive allowed the speed cushions to come Page | 2
loose, requiring replacement. Following several attempts to secure a cont ractor to perform these small area patch and repairs for installation of traffic calming measures, staff is seeking approval to facilitate implementation using Traffic Calming funds for this pavement repair although sufficient funds are available in current contract, the pavement repair at the locations identified do not align with the Pavement Management and Street Selection List approved by Council. For this reason, staff is requesting City Council approval of the use Traffic Calming funds (CIP 9163) to execute Change Order 5.

Table 1 provides a list of change orders executed for the 2024 Pavement Improvement Project.

Table 1: Contract Change Order List
Description Cost
CCO #1 - Towt St/E Laurel Dr Intersection $ 56,012.00 CCO #2 - Towt St Additional Quantities $ 253,456.00
CCO #3 - Asphalt Mix Adjustment (1/2”) $ 5,835.00 CCO #4 - S Hebbron Ave (E Alisal St to John St) $ 427,725.00 CCO #5 – Circle Dr, Rainer Dr, Iverson St, W Acacia St Patch & Repair $ 181,825.60 Total $ 924,853.60

CEQA CONSIDERATION:

The City of Salinas has determined that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15301(c), Class I) because the project proposes to maintain existing roadways, crosswalks, signage, and pavement striping.

Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2 as all exceptions do not relate to the project scope of work for this project.

STRATEGIC PLAN INITIATIVE:

This item relates to the Council’s Goal of Infrastructure and Environmental Sustainability and Public Safety by investing in the sidewalk repair program.

DEPARTMENTAL COORDINATION:

The majority of the coordination is within the Public Works Department. The Divisions working together are the Engineering Division and Maintenance (Urban Forestry and Streets Divisions) for updates and coordination on the Sidewalk Repair request list, evaluation of tree roots, and tracking of the trees removed/replaced.

FISCAL AND SUSTAINABILITY IMPACT:

funding is available and appropriated in the Traffic Calming Improvements Project budget (5800.50.9163).

ATTACHMENTS:

Page | 3

Resolution
CIP 9981-CCO-5 W Acacia, Iverson, Rainier, Circle

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

A RESOLUTION AUTHORIZING EXPENDING $181,825.60 FROM CIP 9163 TO FUND CHANGE ORDER NO. 5 FOR THE 2024 PAVEMENT IMPROVEMENT PROJECT, CIP NO. 9981

WHEREAS, on February 20, 2024, City Council approved Resolution 22903 awarding a contract to Granite Rock Company in the amount of $5,387,979.50 , a pproving a $612,020.50 allowance for extension of the patch and repair limits and 25% contingency, and authorizing the Interim City Manager to execute all contract change orders.; and WHEREAS, in 2023, City Council approved traffic calming plans for West Acacia Street (Resolution No. 22558), Iverson Street (Resolution No. 22602) and Rainier Drive (Resolution No. 22858) but pavement conditions did not allow for proper installation of the a pproved speed cushions; and

WHEREAS, the pavement condition at Circle Drive allowed the speed cushions to come loose requiring replacement; and

WHEREAS, Contract Change Order No. 5 will direct the contractor to perform additional patch and repair for West Acacia Street, Iverson St reet, Rainier Dr ive, and Circle Dr ive using Traffic Calming funds; and

WHEREAS, sufficient funds are available in the Traffic Calming Improvements budget (5800.50.9163); and

WHEREAS, the City of Salinas has determined that the proposed action is categorically exempt from environmental review under the California Environmental Quality Act (CEQA Guidelines Section 15301).

NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes:

1. The transfer of $181,825.60 from the Traffic Calming Improvements Project (CIP 9163) to the Slurry Seal Improvements Project (CIP 9981); and

2. The City Manager to approve Contract Change Order No. 5 in an amount not to exceed $181,825.60.

PASSED AND APPROVED this 10th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:
2 ABSTAIN:

APPROVED:

________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk
City of Salinas
PUBLIC WORKS DEPARTMEN T • 200 Lincoln Ave • Salinas, California 93901 (831) 758-7241 • (831) 758-7935 (Fax) • www.ci.salinas.ca.us Change Order No. 5 2024 Pavement Management Project, CIP 9981 Page 1 of 4

CHANGE ORDER
CHANGE ORDER NO. 5
Date: 07/2/2024 Vendor No.: 12909 P.O. No.: 2024-00003985

Vendor/Contractor: GRANITEROCK CO Project No. 9981

Project Title: 2024 Pavement Management Project, CIP 9981

The changes described and noted h erein are hereby authorized. The signed original of this order is on file at the office of the City Engineer.

Change requested by: PUBLIC WORKS DIRECTOR
REASON FOR CHANGE:

Contractor shall perform a dditional pavement digout and repair quantities for W Acacia St, Iverson St , Rainier Dr, and Circle Dr in accordance with the project specifications, per the quantities listed below and Exhibit-A.

Method of payment shall be per unit prices listed below and Exhibit-A.

DESCRIPTION OF CHANGE:

INCREASE CONTRACT UNIT RATES:

Table-1: Total Estimated Cost
Item
No. Item Description Qty Unit Unit
Price Total
Loc. 8A W Acacia St
1 MOBILIZATION 1 LS $3,995.00 $3,995.00
2 SEDIMENT & EROSION CONTROL 1 LS $2,805.00 $2,805.00 3 TEMPORARY TRAFFIC CONTROL 1 LS $4,110.00 $4,110.00
4 PAVEMENT DIGOUT AND REPAIR, 6" THICK 1220 SF $24.30 $29,646.00 SUBTOTAL (ITEMS 1-4) $40,556.00
Loc 8B Iverson St

Change Order No. 5 2024 Pavement Management Project, CIP 9981 Page 2 of 4 5 MOBILIZATION 1 LS $3,995.00 $3,995.00
6 SEDIMENT & EROSION CONTROL 1 LS $2,805.00 $2,805.00 7 TEMPORARY TRAFFIC CONTROL 1 LS $4,110.00 $4,110.00
8 PAVEMENT DIGOUT AND REPAIR, 6" THICK 1312 SF $24.30 $31,881.60 SUBTOTAL (ITEMS 5-8) $42,791.60
Loc 4A Rainier Dr
9 MOBILIZATION 1 LS $4,020.00 $4,020.00
10 SEDIMENT & EROSION CONTROL 1 LS $3,930.00 $3,930.00 11 TEMPORARY TRAFFIC CONTROL 1 LS $4,110.00 $4,110.00 12 PAVEMENT DIGOUT AND REPAIR, 6" THICK 3730 SF $15.30 $57,069.00 SUBTOTAL (ITEMS 9-12) $69,129.00
Loc 9 Circle Dr
13 MOBILIZATION 1 LS $4,020.00 $4,020.00
14 SEDIMENT & EROSION CONTROL 1 LS $3,930.00 $3,930.00 15 TEMPORARY TRAFFIC CONTROL 1 LS $4,110.00 $4,110.00 16 PAVEMENT DIGOUT AND REPAIR, 6" THICK 1130 SF $15.30 $17,289.00 SUBTOTAL (ITEMS 13-16) $29,349.00
TOTAL (ITEMS 1-16) $181,825.60

Cost adjustments made to the contract:

TOTAL INCREASE: $181,825.60

Change Order No. 5 2024 Pavement Management Project, CIP 9981 Page 3 of 4 Time of completion will be adjusted as follows: NO ADDITIONAL WORKING DAYS CHANGE IN CONTRACT COST:

Contract Bid Award $ 5,387,979.50
Previous Change Order (1-4) $ 743,028.00
Increase This Contract Change Order $ 181,825.60
Total New Contract Cost $ 6,312,833.10 **************************************************************************************************************************************

FOR CITY USE ONLY
COST CODES 5800.50.9163-66.4000 $181,825.60

**************************************************************************************************************************************

Change Order No. 5 2024 Pavement Management Project, CIP 9981 Page 4 of 4 CHANGE ORDER NO. 5
Date: 07/2/2024 Vendor No.: 10153 P.O. No.: 2023-00003356 Vendor/Contractor: GRANITEROCK CO Project No. 9981 Project Title: 2024 Pavement Management Project, CIP 9981

Approval Recommended: Date Project Manager
Approved: Date City Engineer
Approved: Date Public Works Director
Approved: Date Finance Director
Approved: Date City Manager

We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is appro ved, that w e will provide all equipment, f urnish all material, except as may otherwise be noted above, and perform all services necessary for the work above spec ified, and will accept as full payment therefore the prices shown abo ve.

Accepted, Date Contractor _________________________________________

By: Title_______________________________________

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-504, Version: 1
Agreement for Services to provide Security Services at the Emergency Motel Program for FY 2024-2025 Approve a Resolution authorizing the City Manager to negotiate and execute an Agreement with Good Guard Security Services, Inc. for provide security services for the Emergency Motel Program in an amount not to exceed $372,765 from November 1, 2024 to June 30, 2025.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2024
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: FRANCISCO BRAMBILA, ACTING PLANNING MANAGER
BY: JACQUELINE SMITH, HOMELESS SERVICES MANAGER
TITLE: AGREEMENT TO PROVIDE SECURITY SERVICES AT THE
EMERGENCY MOTEL PROGRAM FOR FY 2024-2025

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the City Manager to negotiate and execute a n Agreement with Good Guard Security Services, Inc. for provide security services for the Emergency Motel Program in an amount not to exceed $372,765 from November 1, 2024, to June 30, 2025.

EXECUTIVE SUMMARY:

The City of Salinas (City) requires continuous security services for the Emergency Motel Program (EMP) operated at 109 John Street . The current agreement for security services with Benitez Security Services, Inc. (BSSI) ends on October 31, 2024. To ensure no interruption in securit y services, the City issued a Request for Proposal (RFP) on June 3, 2024, to solicit proposals for security services. Based on evaluation criteria, Good Guard Security Services, Inc. is recommended as the selected security provider. A draft Agreement for Services (Agreement) has been negotiated with Good Guard and is attached to this staff report. This agreement is essential for maintaining the safety and well-being of program participants, staff, and the public.

BACKGROUND:

BSSI has been providing security services to the EMP under a current agreement since January 1, 2023. However, their agreement is set to expire on October 31, 2024. Recognizing the need for uninterrupted security services beyond October 31, 2024, the City issued an RFP on June 3, 2024.

The competitive selection process, which included review of proposals from 25 security firms, resulted in the recommendation of Good Guard Security Services, Inc. as the most qualified contractor. This selection was based on a thorough evalua tion of their proposal, which outlined comprehensive 24/7 unarmed security services tailored to meet the needs of the EMP.

The term of attached draft Agreement is November 1, 2024, through June 30, 2025. The not to exceed compensation amount of $372,765 will be funded through Encampment Resolution Fund Page | 2
grant funds. Additionally, the City reserves the right to extend the Agreement for up to two additional fiscal years, contingent on the contractor’s performance, ensuring long -term stability and safety at the EMP.

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 Agreement will advance the City of Salinas Strategic Plan 2022 -2025 Goal of Housing/Affordable Housing. For many unhoused households, emergency shelter is a first step in the Rapid Rehousing pipeline that leads to permanent housing. This agreement is essential for maintaining the safety and well-being of EMP program participants, staff, and the public.

DEPARTMENTAL COORDINATION:

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

FISCAL AND SUSTAINABILITY IMPACT:

There will be no impact to the General Fund. Funding is available and appropriated in the Encampment Resolution Fund Grant (2954.30.3248).

ATTACHMENTS:
 Resolution
 Agreement for Services – Draft

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

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR SERVICES WITH GOOD GUARD SECURITY SERVICES, INC.

FOR SECURITY SERVICES AT THE EMERGENCY MOTEL PROGRAM
WHEREAS, Benitez Security Services, Inc., (BSSI) has been providing security services to the Emergency Motel Program (EMP) under an agreement set to end on October 31, 2024; and WHEREAS, on June 3, 2024, the City of Salinas (City) issued a Request for Proposal (RFP) to secure ongoing unarmed security services at the EMP following the conclusion of the current security service agreement with BSSI on October 31, 2024; and WHEREAS, after a competitive selection process, Good Guard Sec urity Services, Inc. was identified as the most qualified contractor to provide 24/7 unarmed security services for the EMP; and
WHEREAS, the City desires to enter into a n Agreement for Services with Good Guard Security Services, Inc. for the provision of u narmed security services at the EMP, commencing November 1, 2024, through June 30, 2025 with a total compensation amount not to exceed $372,765; and
WHEREAS, the funding source for this agreement will be appropriations from the Encampment Resolution Fund; and
WHEREAS, 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).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Salin as that it hereby authorizes the City Manager to negotiate and execute a n Agreement with Good Guard Security Services, Inc. for unarmed security services at the Emergency Motel Program in an amount not to exceed $372,765 from November 1, 2024 to June 30, 2025.

PASSED AND APPROVED this 10th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

______________________________
Kimbley Craig, Mayor
ATTEST:

2 _________________________
Patricia M. Barajas, City Clerk

AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF SALINAS AND
GOOD GUARD SERCURITY SERVICES, INC.

Contents

1. Scope. .................................................................................................................................. 1

2. Timeliness. .......................................................................................................................... 1

3. Term. ................................................................................................................................... 1

4. Payment............................................................................................................................... 1

5. Meet & Confer. ................................................................................................................... 1

6. Insurance. ............................................................................................................................ 2

7. Indemnification. .................................................................................................................. 2

8. Licensing. ............................................................................................................................ 2

9. Termination. ........................................................................................................................ 2

10. Agency. ............................................................................................................................... 2

11. Non-Assignability. .............................................................................................................. 2

12. Entire Agreement. ............................................................................................................... 2

13. Validity. .............................................................................................................................. 2

14. Counterparts. ....................................................................................................................... 2

15. Laws. ................................................................................................................................... 2 Attachment A .................................................................................................................................. 4 Attachment B .................................................................................................................................. 7 Attachment C .................................................................................................................................. 8 Attachment D ................................................................................................................................ 11

Agreement for Services v. November 2022 Page 1 of 11
Good Guard Security, Inc.

November 2024

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF SALINAS AND GOOD GUARD SECURITY, INC
For
Unarmed Security Services at the Emergency Motel Program

Agreement Number: 24ERF3L01

THIS AGREEMENT is executed this 1 st day of November 2024, (“Agreement” or “Contract”) between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”) and Good Guard Security, Inc., a California corporation (hereinafter “Contractor”).

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

1. Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, as fully discussed in the City’s Request for Proposal, Attachment B and Contractor’s Security Operations Protocol for the EMP, Attachment C.

2. Timeliness. Contractor shall perform all tasks in a timely fashion, as set forth more specifically in Section 3 below. Failure to so perform is hereby deemed a material breach of this Agreement, and City may terminate this Agreement with no further liability hereunder, or the City may agree in writing with the Contractor to an extension of time. Additionally, pending satisfactory performance evaluations, further extensions for the years 2025 -2026 and 2027-2027 may be granted through an amendment to this Agreement.

3. Term. The work under this Agreement shall commence on November 1, 2024, and shall be completed by June 30, 2025, unless the City grants a written extension of time as referenced in Section 2 above.

4. Payment. City hereby agrees to pay, and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, a total amount of compensation not to exceed three hundred seventy -two thousand seven hundred sixty -five dollars ($372,765.00) as fully described in the title of Contractor's fee schedule , Attachment D. Contractor has no right of reimbursement for expenses under this Agreement.

Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City. The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.

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November 2024

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

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

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

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

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

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

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

15. Laws. Contractor agrees that in the performance of this Agreement it will comply with all applicable State, Federal and local laws and regulations. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.

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November 2024

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

CITY OF SALINAS

__________________________________
René Mendez, City Manager

APPROVED AS TO FORM:

_________________________________
Rhonda Combs, Assistant City Attorney

CONTRACTOR

___________________________________
Shawn Helmandi
Senior Director, Consulting Risk Advisory & Security Services

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November 2024
Attachment A
Insurance Requirements

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

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

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

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

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

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

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

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

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November 2024
with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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

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

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

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

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

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November 2024

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

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November 2024
Attachment B
City’s Request for Proposal Scope of Work

Daytime Security Patrol:
 Hours: Monday to Sunday, 6:00 AM to 6:00 PM.
 Duties:
o Foot patrols of exterior areas.
o Enforce parking rules; coordinate with staff or towing services to remove unauthorized vehicles.
o Engage with staff, participants, service providers, and remove trespassers. o Monitor client activities, enforce site rules, and manage unauthorized visitors. o Provide relief/break coverage.

Evening Security Patrol:
 Hours: Monday to Sunday, 6:00 PM to 6:00 AM.
 Location: 109 John Street, Salinas, CA.
 Duties:
o Perimeter checks for security.
o Discourage unauthorized persons and trespassers.
o Enforce parking regulations at EMP.
o Maintain a secure environment for participants, staff, and service providers. o Oversee client movements and report non-compliance to staff or law enforcement.

Guards/Officers Responsibilities:
 Client Interactions:
o Supervise client entries/exits and address unauthorized visitors. o Ensure clients adhere to site rules; report unattended children. o Manage client exits and escalate issues to staff or law enforcement.  Enforcement and Reporting:
o Enforce site rules; notify City personnel and report incidents to law enforcement. o Provide immediate replacements if Guards/Officers can’t report to duty. o Maintain high standards of conduct, appearance, and reliability.

Contractor Management:
 Responsibilities:
o Plan and manage daily operations, including reports and records. o Provide necessary uniforms, materials, and equipment. o Conduct background checks per City criteria.

Designated Supervisor:
 Role:
o Oversee Guards/Officers, provide direction, and act as the City’s primary contact. o Conduct unannounced inspections to ensure compliance with standards.

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November 2024
Attachment C
Contractor’s Scope of Work
Good Guard Security, Inc. - Security Operations Protocol for the EMP Client: The City of Salinas
Service Provider: Good Guard Security, Inc.

Contract Term: November 1, 2024, to June 30, 2025

1. Staffing and Operational Overview:
 Total Guards: Two (2) unarmed guards per shift, ensuring continuous 24/7 coverage.  Shift Details:
o Day Shift: 6 am to 6 pm
o Night Shift: 6 pm to 6 am
 Operational Duties Include:
o Clocking in and out using the TrackTik system with designated login details. o Collecting necessary equipment for patrol services, including patrol cards and post phones, ensuring all equipment is operational and fully charged. o Upon completing equipment checks and assuming duties, reporting to the supervisor that duties have been assumed or ended.
o Checking in with the On -Site Supervisor or Post Commander, or officer being relieved, for p ass down information on incidents, specific areas of concern, or actions that need to be taken.

2. Security Monitoring and Enforcement:
 Continuous Patrols and Presence:
o Performing continuous patrols of the Emergency Shelter and the facility to monitor for suspicious activities, persons, or vehicles.
o Maintaining a physical presence near stairwells to deter unauthorized access. o Engaging with the public and service providers in a courteous and professional manner, offering assistance or directions as needed.
o Ensuring perimeters of the property are secure and free from unauthorized encampments, individuals engaging in substance abuse, loiterers, or congregating groups.
 Visitor and Service Provider Control:
o Ensuring that no visitors (guests) are allowed entry into the EMP, strictly allowing only authorized visitors such as service providers and IHSS workers.

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o If an unauthorized visitor is found in a client’s room, security personnel should inform the client that the visitor must leave immediately. If the visitor d oes not comply, security personnel should contact the police to report trespassing. o Overseeing the sign -in and sign -out process for all authorized to ensure accurate tracking and documentation of EMP access.
o Enforcing the EMP’s trespassing rules by contact ing law enforcement if a previously trespassed individual returns to the site.

3. Client Safety and Property Management:
 Enforcement of Facility Rules:
o Assisting in enforcing EMP rules, ensuring compliance from all clients and authorized visitors.
o Actively preventing clients from bringing excessive personal belongings and items onto the site to effectively manage and reduce hoarding behaviors.  Client Movement Monitoring:
o Logging the times clients enter and exit their rooms, alerting EMP staff if a client has been absent for more than 24 hours.
o Monitoring of Minors: Observing clients' departures and arrivals, and if a client attempts to leave the site while leaving a child under 12 years of age unattended, security personnel should first instruct the client to retrieve their child. If the client leaves the site without their child, security should contact the police immediately.  Incident Response:
o In cases of domestic violence, physical altercations, or uncontrollably disruptive clients, immediately contacting law enforcement to ensure the safety and security of all EMP occupants.
o If EMP staff are present, security personnel should first report any incidents to staff. If staff are not present, security personnel are expected to use their discretion in handling the situation according to the outlined protocols.

4. Reporting and Communication:
 Incident Reporting:
o Documenting and reporting all security-related incidents or significant interactions involving clients or service providers to appropriate EMP staff and emergency services as needed.
 Language and Reporting Skills:
o Ensuring that each shift includes at least one bilingual guard proficient in English and capable of producing detailed and accurate written reports. o All security personnel must demonstrate the ab ility to produce clear and precise written reports in English.

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November 2024

5. Collaboration and Training:
 Regular Meetings with EMP Staff:
o Holding regular scheduled meetings with EMP staff to discuss security updates, operational challenges, and strategies for enhancing safety and compliance.  Training and Compliance:
o Ensuring that all security personnel receive ongoing training in crisis intervention, conflict resolution, and specific protocols for managing situations unique to the EMP environment.

6. Compliance and Documentation:
 Maintaining meticulous records and logs of all operational activities, ensuring transparency and accountability in security operations.

7. Supervision and Quality Control:
 A designated Supervisor will be assigned by the Contractor to provide day -to-day directions concerning the delivery of security services and will serve as the City’s primary contact person.
 The Supervisor will be responsible for supervising Guards/Officers during all hours of service, in accordance with security industry standards and efficient management practices.  The Supervisor shall perform periodic, unannounced inspections to observe the performance of each shift and the work habits of each Guard/Officer, ensuring that the Post Orders are followed, and that proper training has been received.  The Supervisor will collect and maintain all Daily Activity Reports, Incident Reports, and Sign-In Sheets.

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November 2024
Attachment D
Contractor’s Fee Schedule

1. Staffing and Shifts:
 Total Guards: Two (2) unarmed guards per shift.
 Shifts Details:
o Day Shift: 6 am to 6 pm (Two guards).
o Night Shift: 6 PM to 6 am (Two guards).

2. Hourly Rates and Billing:
 Regular Hourly Rate: $26.95 per hour.
o Total weekly regular hours: 294 hours.
 Overtime Hourly Rate: $40.42 per hour.
o Total weekly overtime hours: 42 hours.

Weekly Cost Calculation:
 Regular hours cost: 294 hours × $26.95 = $7,923.30
 Overtime hours cost: 42 hours × $40.42 = $1,697.64
 Total Weekly Cost: $7,923.30 + $1,697.64 = $10,752.84

3. Total Estimated Costs:
 Weekly Total: $10,752.84
 Monthly Cost (Based on 4.33 weeks per month): $46,595.64  Total Cost for the Contract Term (8 months): $372,765

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-507, Version: 1
Conditional Funding Commitment Letter to the Housing Authority of the County of Monterey for the Development of the Division Street Properties (921 E. Market Street and 115-151 Division Street) Approve a Resolution authorizing the City Manager, or designee, to finalize, execute and issue a Conditional Funding Commitment Letter to the Housing Authority of the County of Monterey (HACM) for the development of a proposed one-hundred percent affordable multifamily rental housing project at the Division Street properties (921 E. Market St. and 115-151 Division St); and the commitment of $1,380,000 in appraised land value of the Division Street properties and $1,700,000 from the LHTF Program funds for project predevelopment and construction cost; and authorizing the appropriation of a FY 24-25 LHTF budget in the amount of $1,700,000.

City of Salinas Printed on 9/5/2024Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2024
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: FRANCISCO BRAMBILA, ACTING PLANNING MANAGER
BY: LUIS OCHOA, SR. COMMUNITY DEVELOPMENT ANALYST

MONICA FLORES-PONCE, COMMUNITY DEVELOPMENT

ANALYST

TITLE: CONDITIONAL FUNDING COMMITMENT LETTER TO THE

HOUSING AUTHORITY OF THE COUNTY OF MONTEREY FOR

THE DEVELOPMENT OF THE DIVISION STREET PROPERTIES
(921 E. MARKET ST. AND 115-151 DIVISION STREET)
RECOMMENDED MOTION:

A motion to approve a Resolution authorizing:
1) the City Manager, or designee, to finalize, execute and issue a Conditional Funding Commitment Letter to the Housing Authority of the County of Monterey (HACM) for the development of a proposed one -hundred percent affordable multifamily rental housing project at the Division Street properties (921 E. Market St. and 115-151 Division St); 2) the commitment of $1,380,000 in appraised land value of the Division Street properties and $1,700,000 from the LHTF Program (Fund 2306) funds for project predevelopment and construction cost; and
3) the appropriation of a FY 24-25 LHTF budget in the amount of $1,700,000.

EXECUTIVE SUMMARY:

The Monterey County Housing Authority Development Corporation (HDC), the development arm of HACM, was selected as the developer for seven City owned parcels on the west side of Division Street through a Request for Proposal (RFP) selection process (2020 -2021). To facilitate the development of this project, the City is proposing to conditionally commit funds from the Salinas Local Housing Trust Fund (LHTF) to HACM in the amount of $3,080,000 for the predevelopment and construction costs of the project.

Page | 2
BACKGROUND:

The City owns seven small contiguous parcels on the west side of Division Street (921 E. Market Street and 115 -151 Division Street), when combined, are approximately 2.5 acres (Division Street properties). In October 2020, the City issued a notice of availability of surplus property along with a RFP seeking a develop er team to design, build, and manage the development of a one-hundred percent affordable multi-family rental housing project at the Division Street properties. The HDC, the development arm of HACM, submitted the only complete response, and was the selected developer for the project.

HACM’s proposed project is anticipated to create 48 units targeted for low, very low, and extremely low -income farmworker families (Project). C urrently, HACM anticipates the completion of the project’s predevelopment phase by early 2027. Upon completion of the project’s predevelopment phase, and should there be funds remaining, HACM will utilize the remaining LHTF funds towards the construction of the Project.

Staff is proposing to conditionally commit funds from the LHTF to HACM in the amount of $3,080,000 towards the project’s predevelopment and construction costs. The total commitment amount will be composed of $1,380,000 in appraised land value of the Division Street properties and $1,700,000 from the LHTF Program funds. These funds will be reserved for HACM through a Conditional Commitment Letter.

The commitment of LHTF program funds will be in the form of a loan . The proposed loan terms are a simple interest rate loan with up to three percent ( 3%) and a loan term of fifty-five (55) years as it has typically been the City’s practice. The Project will also carry a deed restriction requiring a fifty-five (55) year affordability period from the issuance of the project’s Certificate of Occupancy.

Final commitment of funds is based on HACM satisfying the conditions stipulated in the Conditional Commitment Letter, and the negotiation and City Council approval of an Exclusive Negotiating Rights Agreement and a Salinas LHTF Program Funding Agreement. Some of the key conditions stipulated in the Conditional Commitment Letter to be completed by HACM are as follows: Phase I and II Environmental Site Assessment , updated Geotechnical Report and Soils Report, California Environmental Quality Act environmental review, National Environmental Policy Act environmental review, title insurance, insurance policy, entitlement(s), building permit(s), among other key conditions.

DEPARTMENT COORDINATION:

Coordination and collaboration of this item has been led by the City’s Community Development Department Housing and Community Development Division in consultation and partnership with the City Attorney and Finance Department.

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).

Future actions related to the development of the proposed Project will be e valuated for CEQA Page | 3
compliance.

STRATEGIC PLAN INITIATIVE:

The proposed project and action support the City of Salinas Strategic Plan 2022 -2025 Goals and Strategies related to Housing/Affordable Housing as the objective of the commitment of LHTF funds is to facilitate the production of affordable housing.

FISCAL AND SUSTAINABILITY IMPACT:

Approval of the Conditional Commitment Letter will not have an impact to the City’s General Fund. Funding for a potential future LHTF Funding Agreement between the City and HACM is contingent on this Council’s approval to create a FY 24 -25 budget for LHTF and appropriate the monies from the fund balance to the budget.

ATTACHMENTS:

Resolution
Draft Conditional Commitment Letter

RESOLUTION NO. (N.C.S.)

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONDITIONAL COMMITMENT LETTER WITH THE HOUSING AUTHORITY OF

THE COUNTY OF MONTEREY FOR THE DEVELOPMENT OF DIVISION STREET PROPERTIES (921 E. MARKET ST. AND 115-151 DIVISION STREET) WHEREAS, the Monterey County Housing Authority Development Corporation (HDC), the development arm of HACM, was selected as the developer for seven City owned parcels on the west side of Division Street (921 E. Market St. and 115-151 Division Street) after a Request for Proposal (RFP) process by the end of; and
WHEREAS, to incentivize and expedite the development of this project, the City is proposing to conditionally commit funds from the Salinas Local Housing Trust Fund (LHTF) to HACM in the amount of $3,080,000 towards the project’s predevelopment and construction costs; and
WHEREAS, the total commitment amount for HACM will be composed of $1,380,000 in appraised land value of the Division Street properties and $1,700,000 from the LHTF Program funds.; and
WHEREAS, final commitment of LHTF program funds will be in the form of a loan and is based on HACM satisfying the conditions stipulated in the Conditional Commitment Letter, Exclusive Negotiating Rights Agreement, and a formal Salinas LHTF Program Funding Agreement; and
WHEREAS, 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). Future actions related to the development of the proposed Project will be evaluated for CEQA compliance.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the following actions.

1. The City Manager, or designee, to finalize, execute and issue a Conditional Funding Commitment Letter to the Housing Authority of the County of Monterey (HACM) for the development of a proposed one -hundred percent affordable multifamily rental housing project at the Division Street properties (921 E. Market St. and 115-151 Division St);

2. The commitment of $1,380,000 in appraised land value of the Division Street properties and $1,700,000 from the LHTF Program (Fund 2306) funds for project predevelopment and construction cost; and

3. The appropriation of a FY 24-25 LHTF budget in the amount of $1,700,000.

PASSED AND APPROVED this 10th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Kimbley Craig, Mayor
ATTEST:

Patricia M. Barajas, City Clerk

Page 1 of 4 ends

September 11, 2024

Zulieka Boykin, Executive Director/President/CEO
Housing Authority of the County of Monterey
303 Front Street #107
Salinas, CA 93901

RE: Conditional Commitment Letter – Funding for the Division Street Properties Affordable Housing Development

Dear Ms. Boykin:

We are pleased to inform you that the City of Sa linas Local Housing Trust (“SLHT”) has approved a commitment for an affordable housing development loan in the amount of $3,080,000 to the Housing Authority of the County of Monterey ("Borrower") for the development of the E ast Market & Division St reet Affordable Housing Development project (“Project”) located in Salinas, CA.

The purpose of the loan is to provide funding for the construction of new affordable housing residences at incomes of 80 percent of Area Median Income and below. As noted below, this Commitment is contingent on the Borrower securing sufficient other funds as may be necessary for the for the project as well as the Borrower’s execution of final documents and is subject to the terms and conditions set forth in this letter.

LOAN AMOUNT: $3,080,000
 $1,380,000 in appraised land value and
 $1,700,000 in cash

# OF UNITS: Minium of 48 units

INTEREST RATE: Three percent (3%), simple interest

TERM OF LOAN: Up to five (5) years for a no interest Construction Loan, which will convert to a Permanent Loan with interest as set forth above a term of plus Fifty-five (55) years from the issuance of the Certificate of Occupancy.

SECURITY: SLHT Trust Deed, which will be subordinated to other lenders and/or investors

REGULATORY
AGREEMENT: A Regulatory Agreement with a fifty-five (55) year term from the date the Certificate of Occupancy or Placed in Service Date is issued to the Project, which specifies, among other requirements, eligible occupancy standards, affordability requirements , and minimum operating and replacement reserves

AFFODABILITY
RESTRICTIONS: The affordability requirements will be recorded with a Declaration of Restrictive Covenants executed at closing. Except as approved by the SLHT, all projects shall be required to maintain the project’s affordability for the fifty-five (55) term of the restrictive covenant, regardless of whether the loan is fully repaid

DISBURSEMENT: SLHT shall disburse predevelopment and construction loan funds as the Project is under design, development, and construction in amounts appropriate to the percentage of project completion

SOURCE OF City 2023 LHTF - Land (Matching Funds): $1,380,000 CITY LOAN City 2023 LHTF - General Fund (Matching Funds): $160,000 FUNDS: State 2023 LHTF (Program Funds): $1,540,000
Total Loan Amount: $3,080,000

GENERAL CONDITIONS OF THE LOAN:

The following conditions apply to the SLHT’s loan commitment. The SLHT may waive conditions at its sole discretion.

1. SLHT receipt and approval of Phase I and II Environmental Site Assessment acceptable to the SLHT in its reasonable discretion. If the Environmental Site Assessment is submitted to and accepted by the U.S. Department of Housing and Urban Development (“HUD”) such acceptance shall also be deemed approval by SLHT.

2. SLHT receipt and approval of an updated Geotechnical Report and soils report, taking into consideration building design, reasonable acceptable to the SLHT in its sole discretion. If the Geotechnical Report and Soils Report is submitted to and accepted by HUD, such acceptance shall also be deemed approval by SLHT.

3. SLHT Commitment is contingent upon compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA), if applicable, and all applicable historical analysis to the reasonably satisfaction of the SLHT and HUD; provided that HUD approval shall constitute

SLHT approval.

4. SLHT receipt of an ALTA Lender's Title Insurance Policy in the amount of the total SLHT loan.

5. Evidence that Borrower has obtained insurance as required by the SLHT’s Risk Manager.

6. Evidence, in the form of a Board Resolution and Board Meeting Minutes that the Borrower’s Board of Directors has approved the proposed Project.

7. Borrower’s receipt of all applicable regulatory approvals and issuance of a building permit for the Project from the City of Salinas (“City”).

8. SLHT’s receipt and approval of a list of all contractors, subcontractors, consultants, and material supp liers to be employed in the Project. The borrower will require performance bonds and payment bonds on all contracts and subcontracts, in the form and substance acceptable to the SLHT.

9. SLHT’s receipt of predevelopment contracts, final plans, and specifications for the construction of the Project. The SLHT will require an assignment to third party lenders or investors of any such plans, subject to priority assignment, of Borrower's ownership interest in and to the plans, and specifications as security for the loan.

10. SLHT’s receipt and approval of a final construction budget and a final financial feasibility analysis, which will specify the manner in which loan proceeds will be disbursed.

11. SLHT’s receipt and approval of any construction contracts. Construction contracts must specify that the payment of State prevailing wages and/or Davis Bacon Wages applicable shall the project receive federal funds . SLHT will require an assignment, subject to priority assignment to third party lenders or investors of Borrower's interest in and to any such construction contracts as security for the loan, and Borrower shall use its commercially reasonable business efforts to obtain contractor consent to said assignment. Contractor must provide a performance bond and a payment bond in form and substance acceptable to the SLHF.

12. SLHT receipt and approval of a construction management contract, if applicable.

Borrower’s execution and delivery of SLHT’s standard loan documents, and compliance with all covenants a nd conditions set forth in said loan documents or as SLHT or their counsel may determine based on a review of Borrower's submissions as required by this Commitment.

13. This loan will be monitored over its term, and this Project will be monitored over the term of the Regulatory Agreement. Borrower understands that it will be

required to complete monitoring reports, as reasonably required by SLHT, in a timely fashion.

14. SLHT liens shall be recorded, as subordinate financing, subject only to exceptions approved by SLHT in its sole discretion.

15. Borrower’s assurances, as SLHT deems reasonably necessary, that the property condition and Borrower financing condition remain substantially the same as represented at the time of commitment.

Project Name: Division Street Properties Affordable Housing Development

Project Status: Predevelopment

Effective Date: The conditional commitment letter is effective on the date of the Borrower's signature.

This letter of intent is not intended to describe all of the requirements, terms, conditions, and documents necessary for the loans. A loan agreement, including the promissory note, deed of trust, regulatory agreement, and related documents, will be prepared for approval by the City of Salinas legal counsel and shall include all provisions and attachments customarily included in SLHT affordable housing loan agreements.

Please sign the attached copy of this letter and return it to us as soon as possible, to acknowledge acceptance of the terms and conditions contained in this letter.

Sincerely,

_______________________
Rene Mendez, City Manager
City of Salinas

ACKNOWLEDGED AND ACCEPTED:

Housing Authority of the County of Monterey

____________________________________ _____________________ Zulieka Boykin, Executive Director/President/CEO Date City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-524, Version: 1
Conflict of Interest Code - Biennial Review
Consider adopting an Ordinance amending Salinas City Code Chapter 1, Article 3, updating the City’s Conflict of Interest Code.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2024
DEPARTMENT: ADMINISTRATION
FROM: PATRICIA M. BARAJAS, CITY CLERK
PATRICIA PEÑALOZA, HUMAN RESOURCES MANAGER
TITLE: CONFLICT OF INTEREST CODE - BIENNIAL REVIEW

RECOMMENDED MOTION:

Consider adopting an ordinance amending Salinas City Code Chapter 1, Article 3 , updating the City’s conflict of interest code.

EXECUTIVE SUMMARY:

The Political Reform Act requires every local government agency to review its conflict of interest code biennially to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions. Agency officials include elected and appointed officials, governmental employees, and consultants who are required to disclose financial interests on their Statement of Economic Interests (Form 700). The last review of the Code was completed in 2022.

BACKGROUND:

The Political Reform Act (PRA) of 1974 designates positions that are required to file economic interest statements, including elected officials, Planning Commissioners, City Manager, City Attorney and Finance Director. Additionally, the PRA requires local agencies to adopt conflict of interest codes designating positions that participate in decision making process that may have a foreseeable material effect on financial interests, as outlined in California Government Code 82019.

The PRA requires a biennial review of local conflict of interest code to determine if an amendment is necessary. The attached ordinance amends Salinas City Code Chapter 1, Article 3 to reflect new positions, position reclassifications, deletes eliminated positions and positions not required to file.

The amendment also clarified e-filing requirements, disclosure requirements, and enforcement.

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).

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STRATEGIC PLAN INITIATIVE:

Amending the Salinas City Code as required by the P olitical Reform Act meets the City Council goal of Effective and Culturally Responsive Government by improving efficiencies and fostering transparency.

DEPARTMENTAL COORDINATION:

The City Clerk’s Office works directly with the Human Resources Department to identify changes in the designated positions list. Additionally, during the various filing deadlines, staff coordinates with all departments to ensure staff and designated filers, file their statement by the state-imposed deadlines.

FISCAL AND SUSTAINABILITY IMPACT:

Fund

Appropriation

Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget Page
Last Budget
Action (Date,
Resolution)*
1000 12.1120-63-4980 Outside Services-
Maintenance
Software
$200,000 n/a 55 6/11/24, 22979
1000 12.1120-63-6010 Outside Services
- Other
$75,000 n/a 55 6/11/24, 22979
* The FY 24-25 Adopted Budget was adopted on June 11, 2024.

ATTACHMENTS:

Ordinance
ORDINANCE NO. __________(N.C.S.)

CONFLICT OF INTEREST CODE BIENNIAL REVIEW
THE CITY COUNCIL OF THE CITY OF SALINAS HEREBY ORDAINS AS FOLLOWS:

SECTION 1. Section 1-03.03 is amended to read as follows:
(a) Designated positions are set forth below in this section. All city public officials enumerated in Government Code Section 87200, each employee filling a designated position, and any employee filling a designated position on a temporary or acting basis for more than thirty consecutive calendar days, is subject to full disclose of all information set forth in applicable schedules on the Statement of Economic Interest Form (SEI) Fair Political Practices Commission Form 700.

Designated Positions

Accounting manager
Airport manager
Assistant chief of police
Assistant city attorney
Assistant city manager
Assistant community development director
Assistant finance director
City clerk
Assistant public works director/City engineer
Chief assistant city attorney
Community development director
Deputy fire chief
Deputy librarian
Fire chief
Human resources director
Human resources manager
Information systems manager
Library/community services director
Police chief
Public works director
Recreation/ parks superintendent
Senior buyer
Superintendent of maintenance services
SECTION 2: Section 1-03.04 is amended to read as follows:

All employees filing designated positions shall file statements of economic interest with the city clerk who shall receive such statements on behalf of the code reviewing body. Unless otherwise required by state law, all statements of financial interest shall be deemed timely filed only when received by the city clerk on or before the following deadlines:
(a) Online or electronic filing of Statement of Economic Interest (Form 700) by any public official enumerated in Government Code Section 87200 or designated in the conflict of interest code adopted pursuant to Government Code Section 87300. (b) In any instance in which an original statement, report or other document must be filed with the Fair Political Practices Commission a copy of that statement is required to be filed with the city clerk.
(c) Annual statements shall be filed on or before April 1 of each calendar year, no later than the deadline imposed by the Political Reform Act. Such statements shall cover the period of the preceding calendar year or from the date of filing of such statement as otherwise required by this Code.
(d) Initial statements shall be filed within thirty days of assuming office disclosing interests held on the date of assuming office.
(e) Leaving office statements shall be filed within thirty days of leaving office. Such statements shall cover the period between the closing date of the last statement required to be filed and the date of leaving office.

SECTION 3: Section 1-03.08 is amended to read as follows:

Each official who serves on any of the following boards, commissions, and committees shall comply with all of the provisions of this chapter in the same manner as a public official :

Airport Commission;
Grievance Board;
Historic Resource Board;
Independent Citizens Oversight Committee ( Measure E);
Independent Citizens Oversight Board ( Measure G);
Library and Community Services Commission ;
Planning Commission (only in the event disclosure is no longer required pursuant to Government Code Section 87200);
Public Art Commission
Successor Agency to the forme r Salinas Redevelopment Agency; Traffic and Transportation Commission .

SECTION 4 Section 1-03.10 is hereby added to read as follows:

If a public official fails to timely file a statement of economic interest (Form 700), they may be liable for a late fine pursuant to Government Code Section 91013. The case will be referred to the Fair Political Practices Commission’s Enforcement Division, and a penalty of up to $5,000 may be imposed.

SECTION 5. This ordinance shall take effect thirty (30) days from and after its adoption.

SECTION 6. The City Clerk of the City of Salinas is hereby directed to cause th e following summary of this ordinance to be published by one (1) insertion in a newspaper of general circulation in the City of Salinas:

“Salinas City Code Chapter 1, Article 3 is hereby amended in keeping with the Political Reform Act to update the list of designated City employees and City Commissions, Boards and Committees that must report specified economic interests.”

SECTION 7. This Ordinance was introduced and read on September 10, 2024, and passed and adopted on _______________.

PASSED AND ADOPTED this ____ day of ________________, 2024, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

_________________________________
Kimbley Craig, Mayor

APPROVED AS TO FORM:

_____________________________________
Christopher A. Callihan, City Attorney

ATTEST:

_____________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-526, Version: 1
Modification to Classification - Salary Schedule and Workforce Allocation Adjustment Approve a Resolution to amend the Classification - Salary Schedule to include the classifications of Deputy Fire Marshal, Retired Annuitant - Deputy Fire Marshal, Project Coordinator, and Investigative Specialist and to correct the hourly rate for three Public Works temporary classifications. Additionally, it is recommended that the workforce for the Community Development Department reflect the reclassification of one vacant Community Development Analyst - Limited Term to Administrative Analyst I - Limited Term.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2024
DEPARTMENT: HUMAN RESOURCES
FROM: MARINA HORTA-GALLEGOS, HUMAN RESOURCES DIRECTOR TITLE: MODIFICATION TO CLASSIFICATION – SALARY SCHEDULE

AND WORKFORCE ALLOCATION ADJUSTMENT

RECOMMENDED MOTION:

It is recommended that the City Council a pprove a Resolution to amend the Classification – Salary Schedule to include the classifications of Deputy Fire Marshal, Retired Annuitant – Deputy Fire Marshal, Project Coordinator, and Investigative Specialist and to correct the hourly rate for three Public Works temporary classifications. Additionally, it is recommended that the workforce for the Community Development Department reflect the reclassification of one vacant Community Development Analyst – Limited Term to Administrative Analyst I – Limited Term.

EXECUTIVE SUMMARY:

Staff recommends that the City Council approve the attached Resolution modifying the Classification – Salary Schedule to include Deputy Fire Marshal, Retired Annuitant – Deputy Fire Marshal, Project Coordinator, and Investigative Specialist. Step 5 of three Public Works temporary classifications is adjusted to the correct hourly rate. Additionally, staff recommends that one vacant Community Development Analyst – Limited Term position in the Community Development Department be reclassified to Administrative Analyst I – Limited Term.

BACKGROUND:

The Deputy Fire Marshal position has been vacant for years. The Fire Department would like to recruit for temporary extra help at the Deputy Fire Marshal level in the Prevention Division to include the use of retired annuitants as the Department reviews the organization al structure of the Fire Prevention Division.

The Project Coordinator classification is currently inactive. Staff proposes activating this classification as the Community Development Department explores the use of this classification for the Housing Division.

The Investigative Specialist classification is a grant funded limited term, non-sworn position in the Police Department that will support the investigation of Organized Retail Crime.

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The temporary classifications of Public Service Maintenance Aide and Public Service Maintenance Worker I and II list an incorrect hourly rate at Step 5. The amended schedule corrects th at hourly rate.

Lastly, staff recommend reclassifying one of the vacant limited term Community Development Analyst positions with a limited term Administrative Analyst I to assist in the Housing Division with Housing Production and /or Housing Navigation services. This classification better aligns with the current needs of the Division.

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:

The Human Resources Department coordinated in this effort with the Community Development Department, Police Department, and the Fire Department.

FISCAL AND SUSTAINABILITY IMPACT:

No fiscal impact is anticipated. The extra help Retired Annuitant position will be filled using existing temporary funds line item. The workforce adjustment in Community Development is anticipated to create salary savings.

ATTACHMENTS:

Resolution
Exhibit A

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

RESOLUTION AMENDING THE CLASSIFICATION - SALARY SCHEDULE AND

WORKFORCE ALLOCATION ADJUSTMENT

BE IT RESOLVED BY THE CITY COUNCIL OF SALINAS that the Classification -Salary Schedule previously adopted by the City Council by Resolution is hereby amended to include the classifications of Deputy Fire Marshal, Retired -Annuitant Deputy Fire Marshal, Investigative Specialist, and Project Coordinator ; the hourly rate at Step 5 is corrected for three temporary classifications; and the workforce for the Community Development Department is adjusted.

Attached as Exhibit A is the amended Classification - Salary Schedule.

PASSED AND APPROVED this 10th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Kimbley Craig, Mayor

ATTEST:
______________________________
Patricia Barajas, City Clerk

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EXHIBIT A

Benefit
Group Grade Position
Step 1
Hourly
Step 2
Hourly
Step 3
Hourly
Step 4
Hourly
Step 5
Hourly
Step 6
Hourly
18 18.4531 Deputy Fire Marshal 58.9248 61.8711 64.9646 68.2128 71.6235 75.2047 29 Retired Annuitant - Deputy Fire Marshal 58.9248 61.8711 64.9646 68.2128 71.6235 26 26.3037 Project Coordinator 39.1118 41.0685 43.1199 45.2812 47.5447 49.9246 15 Investigative Specialist 33.4496 35.1235 36.8828 38.7276 40.6652 42.6982 29 29.9354 Public Serv Maint Aide 16.8808 17.7238 18.6100 19.5405 20.5175 29 29.9356 Public Serv Maint Wkr I 17.2961 18.1558 19.0673 20.0193 21.0203 29 29.9351 Public Serv Maint Wkr II 19.0673 20.0193 21.0231 22.0731 23.1768 City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-525, Version: 1
a. Real Property Negotiations - California Government Code section 54956.8, conference with real property negotiators City Manager Rene Mendez, City Attorney Christopher A. Callihan, and Community Development Director Lisa Brinton, to discuss the terms and sale of real properties located 23, 25 & 29 Soledad Street (APN 002-191-026; APN 002-191-015 and APN 002-191-027), 20 & 26 Soledad Street (APN: 002-194-018; and APN 002-194-019), 14 & 16 Soledad Street (APN: 002-194-006), 106 E. Lake Street (APN 002-194-013), Salinas, California 93901.
b. Existing Litigation - California Government Code section 54956.9(a), conference with legal counsel regarding, Matthew Maldonado vs. City of Salinas, Workers’ Compensation Appeals Board Case Number (s): ADJ15793255; ADJ 1579354.

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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-511, Version: 1
Rent Stabilization and Tenant Protection; Introduction of Ordinances Consider introduction of a Rent Stabilization Ordinance, a Tenant Protection and Just Cause Eviction Ordinance, and a Tenant Anti-Harassment Ordinance, for adoption on September 24, 2024.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2024
DEPARTMENT: CITY ATTORNEY’S OFFICE
FROM: CHRISTOPHER A. CALLIHAN, CITY ATTORNEY
TITLE: RENT STABILIZATION AND TENANT PROTECTION ;

INTRODUCTION OF ORDINANCES

RECOMMENDED MOTION:

A motion to introduce three ordinances for adoption on September 24, 2024: Rent Stabilization, Tenant Protection and Just Cause Eviction, and Tenant Anti-Harassment.

EXECUTIVE SUMMARY:

The Ordinances presented for the City Council’s introduction have been brought forward to the City Council at the request of Council member Rocha, with the support of Council member González, and at the unanimous direction given by the City Council members present on August 20, 2024.

All prior reports and presentations provided to the City Council and the Housing and Land Use Committee are incorporated herein by this reference.

BACKGROUND:

On August 20, 2024, a presentation was given to the City Council on three draft ordinances: Rent Stabilization, Tenant Protection and Just Cause Eviction, and Tenant Anti -Harassment. After receiving the presentation and receiving testimony from the public, the City Council members present unanimously directed staff to update the draft ordinances consistent with the City Council’s direction and present the updated draft ordinances to the City Council for introduction on September 10, 2024, and adoption on September 24, 2024.

On August 20, 2024, the City Council provided the following direction:

1. Rent Stabilization Ordinance: Set the maximum rent increase allowed under the Rent Stabilization Ordinance per twelve-month period at 2.75% or 75% of the Consumer Price Index (CPI), whichever is lower.

2. Rent Stabilization Ordinance: All notices required to be provided by the Landlord under the Ordinance must be provided in both English and Spanish.

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3. Rent Stabilization Ordinance: The language in Section 17 -02.08 be revised to allow for pass through of capital improvement cos ts only after the work has been completed; petitions for pass through of capital improvements cannot be filed until after the work has been completed.

4. Rent Stabilization Ordinance: Properties listed as historic resources on a local, state, or federal register are to be exempt from the Ordinance.

5. Tenant Protection and Just Cause Eviction Ordinance: For evictions resulting from action under the Ellis Act (Section 17 -02.57) the Landlord is to be required to provide three months’ rent as relocation assistance.

6. Tenant Protection and Just Cause Eviction Ordinance: The provision at the end of Section 17-02.54(d)(2) related to screening of tenants using “industry accepted methods” is to be deleted.

7. The operative date of the three ordinances is to be January 1, 2025.

In addition to those revisions specifically directed by the City Council, findings were drafted based on the City Council’s comments, the reports presented, and the public testimony received on August 20, 204. A provision was added at Section 17-02.53(b)(1)(A) of the Tenant Protection and Just Cause Eviction Ordinance: This subsection was included in previous drafts of the Ordinance but was inadvertently left out of the draft presented to the City Council on August 20, 2024.

Formatting and typographical corrections were also made in the three ordinances.

CEQA CONSIDERATION:

Not a Project . The City Council’s adoption of th e ordinances is not a project subject to environmental review under the California Environmental Quality Act (CEQA Guidelines section 15061(b)(3).) Additionally, the City Council’s adoption of th e ordinances is exempt because it does not meet the definition of a “project” under CEQA, pursuant to CEQA Guidelines sections 15060(c)(1) and 15378(a), because it has no potential to result in a direct or reasonably foreseeable physical change in the environment.

STRATEGIC PLAN INITIATIVE:

The City Council’s consideration of whether to establish and to implement rent stabilization and tenant protection strategies is consistent with the City Council’s goal of promoting Housing/Affordable Housing (City of Salinas Strategic Plan 2022-2025).

DEPARTMENTAL COORDINATION:

City Administration, the City Attorney’s Office, and Community Development Department will continue to coordinate on the implementation of the rent stabilization program following the City Council’s action.

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FISCAL AND SUSTAINABILITY IMPACT:

Should the City Council adopt the rent stabilization and tenant protection program, the City will need to augment its existing staffing and support to effectively implement and manage the program. Staff has identified two potential ways to accomplish this. The first is to add between 3 and 6 staff members which is estimated between $621,404 and $1,246,976. The second option is to explore working with a consultant to provide the services. The City would have to per form additional research to better estimate the cost. The ordinances contemplate the City will recover its costs through the adoption of a fee paid by the property owners renting units . Should the City Council adopt the rent stabilization and tenant protection program, a resolution will be brought forward at a later date to establish the program fee. At which time the budget would be established for this program and brought forward to the Council for adoption.

If this item moves forward and a program fee is established, there will be a delay in the revenue received by the City, which is not uncommon when setting a new program; but it will impact the City’s cash position in the short term and perhaps long term based on the fee ultimately established and the collection rate. In the interim, the City would need to rely on its cash flow, analyze current budgeted programs/projects, and/or reserves.

ATTACHMENTS:

Rent Stabilization Ordinance
Tenant Protection and Just Cause Eviction Ordinance
Tenant Anti-Harassment Ordinance

Rent Stabilization Ordinance
September 10, 2024 Introduction

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Salinas City CouncilSeptember 10, 2024

Salinas City Council
September 10, 2024