Agenda Packet — Salinas City Council, October 14, 2025 (part 1 of 2)

Tuesday, October 14, 2025
4:00 PM
City of Salinas
200 Lincoln Ave., Salinas, CA 93901
www.cityofsalinas.org

SALINAS ROTUNDA
City Council
Mayor Dennis Donohue
Councilmembers:

Jose Luis Barajas, District 1 - Tony Barrera, District 2 Margaret D'Arrigo, District 3 - Gloria De La Rosa, District 4 Andrew Sandoval, District 5 - Aurelio Salazar, District 6 Rene Mendez, City Manager
Christopher A. Callihan, City Attorney
City Clerk’s Office: (831) 758-7381
Meeting Agenda - Final

October 14, 2025City Council Meeting Agenda - Final

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PLEDGE OF ALLEGIANCE

ROLL CALL

CLOSED SESSION
Receive public communications from the audience on Closed session items.

The City Council will recess to closed session pursuant to:

ID#25-408
a. Public Employee Performance Evaluation - California Government Code section 54957(b)(1), City Attorney.
b. Public Employee Performance Evaluation - California Government Code section 54957(b)(1), City Manager.

THE CITY COUNCIL WILL RECONVENE IN THE ROTUNDA AT 5:00 P.M.

NEW EMPLOYEE WELCOME AND INTRODUCTIONS

PROCLAMATION
Cyber Security Awareness Month
Domestic Violence Awareness Month
Breast Cancer Awareness Month

PUBLIC COMMENT PROCEDURES
If you wish to make a general public comment or comment on a specific agenda item, you are encouraged to attend the City Council meeting in person. Public comment may also be submitted via email at [email protected] and will be entered into the record. Public comments generally are limited to two minutes per speaker; the Mayor

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October 14, 2025City Council Meeting Agenda - Final
may further limit the time for public comments depending on the agenda schedule.

GENERAL PUBLIC COMMENTS
Receive public communications on items that are not on the agenda and that are in the City of Salinas’ subject matter jurisdiction. Comments on Consideration, Public Hearing items, and the Consent Agenda should be held until the items are reached.

PRESENTATION
Councilmember comments on presentations are generally limited to three minutes.

ID#25-454
Central Coast Community Energy (3CE) Annual Update
CALIFORNIA GOVERNMENT CODE §84308 - LEVINE ACT
Government Code § 84308. Parties to any proceeding involving a license, permit or other entitlement for use pending before the City Council must disclose any campaign contributions over $500 (aggregated) within the preceding 12 months made by the party, their agent, and those required to be aggregated with their contributions under Government Code § 82015.5. The disclosure must include the amount contributed and the name(s) of the contributor(s).

PUBLIC HEARINGS
ID#25-359
Vacation of New Street Right of Way
Recommendation: Approve a Resolution vacating the northerly 124-feet of New Street right of way.

CONSENT AGENDA
Matters listed under the Consent Agenda may be enacted by one motion unless a member of the Council requests a separate vote or discuss. Members of the public may comment on the Consent Agenda items collectively during their public comment.

ID#25-452
Minutes
Recommendation: Approve minutes of September 23, 2025.

ID#25-453 Minutes
Recommendation: Approve minutes of June 10, 2025.

ID#25-368 Master Service Agreements for On-Call National Pollutant Discharge Elimination System (NPDES) Permit Compliance Implementation Support Recommendation: Approve a Resolution delegating authority to the City Manager to execute Master Service Agreements with 2NDNATURE Software, Inc; Dudek; and Surf to Snow Environmental Resource Management LLC to provide on-call National Pollutant Discharge Elimination System (NPDES) permit compliance implementation support services from October 14, 2025 to October 14, 2030 in an amount not to exceed $10,000,000, $2,000,000 annually, subject to appropriation of funds.

ID#25-406
An Ordinance Amending Articles III and IIIA of Chapter 12 (Finance) of the Salinas Municipal Code Regarding Purchasing

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October 14, 2025City Council Meeting Agenda - Final
Recommendation: Adopt an ordinance updating Article III and Article IIIA of Chapter 12 of the Salinas Municipal Code related to purchasing policies and procedures. 2ND READING
ID#25-409 Fifth Amendment to the Agreement with Accountancy Corporation, DBA Maze & Associates, for Accounting Services
Recommendation: Approve a Resolution authorizing the City Manager to enter into a Fifth Amendment to the Professional Services Agreement with Accountancy Corporation, dba. Maze and Associates for accounting services to increase the compensation by $600,000 for a new not to exceed amount of $1,400,000 and extend the term for two (2) additional years from November 1, 2025 to October 31, 2027.

ID#25-416
Agreement with One Workplace for Permit Center First Floor Workspace Improvements
Recommendation: Approve a Resolution authorizing the City Manager to execute an agreement with One Workplace L. Ferrari, LLC to purchase and install workspace improvements on the first floor of the Permit Center for an amount not to exceed $377,794 and a term from October 14, 2025, through June 30, 2026; and an expenditure appropriation increase of $129,787 to the Permit Services Operating Fund from the Permit Services Fund balance.

ID#25-418
Acceptance of the City Hall Build Back Project, CIP No. 8170 Recommendation: Approve a Resolution accepting the City Hall Build Back Project, CIP No. 8170, for maintenance and responsibility.

ID#25-433
Direct Purchase of AB 481 Equipment
Recommendation: Approve a Resolution authorizing the City Manager and the Purchasing Agent to complete the direct purchase of AB 481 equipment from San Diego Police Equipment Company and Curtis Blue Line for a total cost not to exceed $34,767.08.

ID#25-434
2025-2026 Prioritization of Restriping Projects
Recommendation: Approve a Resolution approving the 2025-2026 Prioritization of Restriping Projects.

COUNCILMEMBERS’ REPORTS, APPOINTMENTS AND FUTURE AGENDA ITEMS Receive communication from Councilmembers on reports, appointments and future agenda items. Councilmember comments are generally limited to three minutes.

ADJOURNMENT
_____________________________
Patricia M. Barajas, City Clerk

AGENDA MATERIAL / ADDENDUM
Any addendums will be posted within 72 hours of regular meetings or 24 hours of special meetings and in accordance with Californian Government Code Section 54954.2 and 54956. City Council agenda reports and other writings distributed to the legislative body may be viewed at the Salinas City Clerk’s Office, 200 Lincoln Avenue, Salinas, and are posted on the City’s website at www.cityofsalinas.org in accordance with California Government Code section 54597.5. The City Council may take action that is different

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October 14, 2025City Council Meeting Agenda - Final
than the proposed action reflected on the agenda.

Disability-related modification or accommodation, including auxiliary aids or services, may be requested by any person with a disability who requires a modification or accommodation in order to participate in the meeting. Language interpretation may be requested as soon as possible but by no later than 5 p.m. of the last business day prior to the meeting. Requests should be referred to the City Clerk’s Office At 200 Lincoln Avenue, Salinas, 758-7381, as soon as possible but by no later than 5 p.m. of the last business day prior to the meeting. Hearing impaired or TTY/TDD text telephone users may contact the city by dialing 711 for the California Relay Service (CRS) or by telephoning any other service providers’ CRS telephone number.

PUBLIC NOTIFICATION
This agenda was posted on October 9, 2025 in the Salinas Rotunda and City's website.

Meetings are streamed live at https://salinas.legistar.com/Calendar.aspx, televised live on Comcast Channel 25 and on http://www.youtube.com/thesalinaschannel at 4:00 p.m. on the date of the regularly scheduled meeting and will be broadcast throughout the day on Friday, Saturday, Monday and Wednesday following the meeting. For the most up-to-date Broadcast Schedule for The Salinas Channel on Comcast 25, please visit or subscribe to our Google Calendar located at http://tinyurl.com/SalinasChannel25. All past City Council meetings may also be viewed on the Salinas Channel on YouTube at http://www.youtube.com/thesalinaschannel.

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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-408, Version: 1
a. Public Employee Performance Evaluation - California Government Code section 54957(b)(1), City Attorney.
b. Public Employee Performance Evaluation - California Government Code section 54957(b)(1), City Manager.

City of Salinas Printed on 10/9/2025Page 1 of 1
powered by Legistar™
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-454, Version: 1
Central Coast Community Energy (3CE) Annual Update
City of Salinas Printed on 10/9/2025Page 1 of 1
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3CE Annual Update
City of Salinas
October 14th, 2025
1 Together,
Power for Good
2 Energy Highlights
Sourced 409 Megawatts
of clean & renewable energy in 2024, enough to power
350,850 households with renewable energy.

Sourcing Renewable Energy
avoided more than 445,000 metric tons of CO2,the
equivalent of taking 105,911 gasoline-powered passenger vehicles off the road for a year.
3 Renewable Energy Progress
Megawatts
(Oct.)
4 • Balances intermittent renewables
• Supports stability
• Reduces reliance on fossil fuels
• Drives affordability
• Empowers customers
Battery Energy Storage Systems
Support the Renewable Transition

Supply Trend September 2022
• Labor Day Weekend
2022
• Fle
x Alert
• Text message from
Govern
or's Office
6 Supply Trend July 2024
• Independence Day
holi
day weekend
2024
7 Utility Scale Battery Safety
8 Willow Rock Energy Storage Center
• Storage is essential for CA's transition to carbon-free energy • Utilizes compressed air to generate power on demand
• Largest compressed air energy storage project in the world • 200 megawatts for 3CE customers
Energy Storage Innovation
Advanced Compressed Air Energy Storage (A-CAES)
9 Our Energy Future
New Renewable Energy Projects
10 Aratina Solar + Storage
● 120 MW to power 90,000 homes
Atlas Solar + Storage
● 150 MW to power 105,100 homes
Victory Pass Solar + Storage – ONLINE
● 100 MW to power 68,000 homes
Community Engagement
• Ongoing outreach through events, webinars, and
workshops
• Added bilingual staff and expanded translated
materials
• Adopted Underserved Communities Action Plan
• Increased access with interpreters and bilingual
promotion
11 Community Programs
Up to
$4,000 (EV)
Up to
$100,000 (Charger)
Electrify Your
Ride
Electrify
Your Home*
New Construction
Electrification
Program
$5,000
per ADU
$3,000
per Affordable Unit
$2,000
per Market Rate Unit
$15,000
per SFH Disaster Rebuild
Agricultural
Electrification
Program
50% up to $10,000
Tier 1 Equipment
50% up to $50,000
Tier 2 Equipment
(+$5,000-$25,000)
Income-Qualified Small
Businesses
Residential
Battery Rebate
Program
Up to
$13,000
$300 per kWh of Battery
Storage, up to 26 kWh
12 Up to
$4,000
per project
Heat Pump Water Heater
Heat Pump HVAC
Induction Cooktop/Range
Portable Heat Pump HVAC
(Renters)
Member Agency Programs
No-Cost Technical
Assistance Program
Plan Your
Fleet
Electric Bus
Program
50% up to
$200,000
per E Bus
+$50,000
Per additional E Bus
up to $400,000
Charge Your
Fleet
Up to
$150,000
Electrify
Your Fleet
Up to
$150,000
Reach Codes
Program
No-Cost Technical
Assistance Program
13 Making a Difference
Community Investment
Snapshot of Rebates & Incentives:
● 2,843 electric vehicles
● 2,085 EV chargers
● 1,663 projects for EV readiness
● 38 electric buses
● 746 all-electric water heaters & HVAC systems
● 1,458 all-electric affordable housing units
● 93 all-electric agriculture equipment projects
14 Community Investment
Rebates & Incentives
City of Salinas All-Time 3CE Investment:
• $21,000 – Electrify Your Fleet
• $75,000 – Plan Your Fleet
• $379,000 – Ag Electrification
• $1,075,000 – Electric Bus
• $198,000 – Electrify Your Home
• $1,042,000 – Electrify Your Ride
• $41,000 – Residential Battery Rebate
15 Legislative Update
• EV and Home Energy Tax Credits
• Federal Taxes and & Tax Credits
• Resource Adequacy Slice of Day
• Pathways Initiative (SB 540/AB 825)
16 Thank You!
Contact Us:
• Northern Region: Sophia Schwirzke ([email protected]) • Senior Advisor for Policy and Legislative Affairs: Das Williams ([email protected])
Learn more & apply for programs at 3Cenergy.org
17 City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-359, Version: 1
Vacation of New Street Right of Way
Approve a Resolution vacating the northerly 124-feet of New Street right of way.

City of Salinas Printed on 10/9/2025Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: OCTOBER 14, 2025
DEPARTMENT: PUBLIC WORKS
FROM: ADRIANA ROBLES, PE, CFM, CITY ENGINEER
TITLE: VACATION OF NEW STREET RIGHT OF WAY

RECOMMENDED MOTION:

A motion to approve a Resolution vacating the northerly 124-feet of New Street right of way.

EXECUTIVE SUMMARY:

In February 2017, the City of Salinas and the Transportation Agency for Monterey County (TAMC) entered into a Memorandum of Understanding to redevelop the Salinas Train Station into a transit facility to accommodate new commuter passenger rail services outside the region in support of the Monterey County Rail Extension Project. Vacating the northerly 124 -feet of New Street right of way will allow TAMC to move forward with the layover facility.

BACKGROUND:

The City of Salinas Intermodal Transportation Center (ITC) (formerly the Salinas Train Station) is located northwest of the intersection of North Main Street and West Market Street (State Route 183 on both streets). In 1998, the City of Salinas acquired the Salinas Amtrak Train Station and surrounding property through the former Redevelopment Agency. In February 2017, the City of Salinas and the Transportation Agency for Monterey County (TAMC) entered into a Memorandum of Understanding (“MOU”) regarding the redevelopment of the area surrounding the Salinas Train Station at the ITC into a transit facility to accommodate new commuter passenger rail services outside the region in support of the Monterey County Rail Extension Project (the ”Project”), Resolution No. 21119.

The MOU outlined several capital improvement activities and responsibilities between the two agencies and identified TAMC as the leading agency for the development of the Project, including funding, planning, applicable state and federal environmental review, design, right of way acquisition, and construction of the Project. In March 2021, TAMC completed Package 1 improvements of the Project which included construction of two new parking lots to accommodate new commuter passenger rail services (totaling 287 stalls), extension of Lincoln Avenue to Station Place, signal improvements at the intersection of Lincoln Ave and West Market St, and construction of a bus turnaround facility with 5 bus bays.

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Package 2 of the Project will construct a new layover facility consisting of six new yard tracks, a storage building, crew base building, on -site parking lot , site improvements and street improvements along New Street. In order for Package 2 to move forward, the northerly 124 -feet of New Street right of way need to be vacated. Vacation of a total of 6,200 square feet of right of way will transfer ownership and maintenance responsibility to the adjoining properties owned by TAMC.

Noticing of the proposed vacation has been completed in accordance with state law.

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).

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

No.

STRATEGIC PLAN INITIATIVE:

Vacating the right-of-way at New Street supports the City Council’s 2025 Strategic Plan of Economic Development and Infrastructure. By supporting the development of the Monterey County Rail Extension Project, the City Council is preparing for a future rail connection with the Bay Area that will enhance residents’ ability to commute and will expand tourism in the area.

DEPARTMENTAL COORDINATION:

The Public Works Department and Community Development Department have worked closely in the review of proposed improvements at the ITC. Both departments periodically meet with TAMC to facilitate the development of the Project.

FISCAL AND SUSTAINABILITY IMPACT:

This action does not have a fiscal impact. Vacating the right of way will transfer ownership and maintenance responsibility to the adjoining property owned by TAMC.

Fund

General Ledger Number
(Operating/CIP)
General Ledger Account
Name

Remaining Budget
Appropriation
Amount Requested

N/A N/A N/A N/A N/A

ATTACHMENTS:

Resolution
New St Vacation Plat and Legal Description
Page | 1

RESOLUTION NO. (N.C.S.)

A RESOLUTION VACATING THE NORTHERLY 124-FEET OF NEW STREET

RIGHT OF WAY

WHEREAS, in 1998 the City of Salinas acquired the Salinas Amtrak Train Station and surrounding property through the former Redevelopment Agency; and

WHEREAS, in February 2017 the City of Salinas and the Transportation Agency for Monterey County (TAMC) entered into a Memorandum of Understanding regarding the redevelopment of the area surrounding the Salinas Intermodal Transit Center (ITC) (formerly the Salinas Trans Station) into a transit facility to accommodate new commuter passenger rail service outside the region in support of the Monterey County Rail Extension Project (the “Project”); and

WHEREAS, TAMC, as the lead agency, is responsible for the fu nding, planning applicable state and federal environmental review, design right -of-way acquisition and construction of the Project; and

WHEREAS, in March 2021, TAMC completed Package 1 improvement of the Project which included construction of two new park ing lots, extension of Lincoln Avenue to Station Place, signal improvements at Lincoln Avenue and West Market Street and construction of bus turnaround facility with five bays; and

WHEREAS, Package 2 of the Project will construct a new layover facility co nsisting of six new yard tracks, a storage building, crew base building, on-site parking lot, site improvements and street improvements along New Street; and

WHEREAS, in order for Package 2 to move forward, the northerly 124 -feet of the New Street right of way need to be vacated. Vacation of a total of 6,200 square feet of right of way will transfer ownership and maintenance responsibility to the adjoining properties o wned by TAMC; and
WHEREAS, noticing of the proposed street vacation has been completed in accordance with state law.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council approves vacating the northerly 124-feet of New Street right of way as shown on the New Street Vacation Plat and Legal Description attached to this Resolution as Exhibit A.

PASSED AND APPROVED this 14th day of October, 2025, by the following vote:

AYES:

NOES:

ABSENT:

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ABSTAIN:

APPROVED:

_______________________
Dennis Donohue, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

Exhibit A: New Street Vacation Plat and Legal Description

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-452, Version: 1
Minutes
Approve minutes of September 23, 2025.

City of Salinas Printed on 10/9/2025Page 1 of 1
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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-368, Version: 1
Master Service Agreements for On-Call National Pollutant Discharge Elimination System (NPDES) Permit Compliance Implementation Support
Approve a Resolution delegating authority to the City Manager to execute Master Service Agreements with 2NDNATURE Software, Inc; Dudek; and Surf to Snow Environmental Resource Management LLC to provide on-call National Pollutant Discharge Elimination System (NPDES) permit compliance implementation support services from October 14, 2025 to October 14, 2030 in an amount not to exceed $10,000,000, $2,000,000 annually, subject to appropriation of funds.

City of Salinas Printed on 10/9/2025Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: OCTOBER 14, 2025
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR
THROUGH: HEIDI NIGGEMEYER, NPDES PROGRAM MANAGER
TITLE: MASTER SERVICE AGREEMENTS FOR ON -CALL N ATIONAL

POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

PERMIT COMPLIANCE IMPLEMENTATION SUPPORT

RECOMMENDED MOTION:

A motion to approve a Resolution delegating authority to the City Manager to execute Master Service Agreements with 2NDNATURE Software, Inc; Dudek; and Surf to Snow Environmental Resource Management LLC to provide on-call National Pollutant Discharge Elimination System (NPDES) permit compliance implementation support services from October 14, 2025 to October 14, 2030 in an amount not to exceed $10 ,000,000, $2,000,000 annually, subject to appropriation of funds.

EXECUTIVE SUMMARY:

The NPDES Division in Public Works oftentimes requires the services of environmental and community outreach consultants for various NPDES-related projects including, but not limited to, field GIS application development, stormwater information management system development, watershed studies, community street sweeping outreach, water quality monitoring, urban and riparian trash assessments, CEQA review, etc. To facilitate the efficient completion of these projects in the timeliest manner to meet compliance deadlines, there is a need to have On -Call environmental compliance su pport and community outreach consultant’s contracts (Master Service Agreements) in place to support NPDES permit compliance implementation work with 2NDNATURE Software, inc., Dudek, and Surf to Snow Environmental Resources Management LLC for an annual amount not to exceed $2 million..

BACKGROUND:

The City of Salinas was issued it s current stormwater NPDES permit from the State Water Resources Control Board (SWRCB) in 2019. The permit includes requirements to track and manage the effectiveness of reducing pollutants in stormwater by collecting and reporting stormwater data geospatially in a stormwater information management system and monitored via a water quality monitoring program. In addition, the permit also requires various watershed plans to be developed such as a Pollutant Load Reduction Plan or an Asset Management Plan.

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On April 25, 2025, the NPDES Division issued a Request for Qualifications (RFQ) for NPDES Permit Compliance Implementation support through PlanetBids. The RFQ was unique in that it laid out the various NPDES permit elements and asked potential consultants to submit a proposal indicating their skills and experience meeting the various different requirements. The firms submitting qualification/proposal statements were:

 2NDNATURE Software Inc
 Dudek
 Surf to Snow Environmental Resource Management LLC

Submittals were reviewed by four City staff and ranked based on the following selection criteria listed in the RFQ document:

 Understanding of the Scope of Work for each Permit Element  Experience with Similar Kinds of Work
 Quality and Capacity of Staff for Work to be Done
 Familiarity with Salinas and Phase 1 NPDES Permits
 Demonstrated Technical Ability in each Permit Element

Based on these criteria and the permit elements addressed in the proposals, all three of these firms were chosen to provide On-Call consultant services on an on -going basis for a five -year period under a Master Service Agreement between the City and each of the three contractors . All three were chosen as they each had unique experience in various Salinas NPDES permit requirements; no o ne contractor had experience in all permit elements. Each Consultant Master Service Agreement for NPDES Permit Compliance Implementation Support is not to exceed $2 million annually for five years, beginning on October 1, 2025, through October 1, 2030. Under the terms of the Master Services Agreement, compensation will be provided per the fee schedule submitted on a project -by-project basis, with each project subject to review and approval by the NPDES Division Manager and Public Works Director.

CEQA CONSIDERATION:

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

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

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CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

No. Not applicable.

STRATEGIC PLAN INITIATIVE:

Approval of the Master Service Agreements will assist in the efficient and effective implementation of NPDES Permit compliance requirements , which will indirectly address Infrastructure and City Services in the Strategic Plan . The Salinas NPDES Permit incorporates requirements that ensure good water quality, wh ich is ultimately a Public Safety issue, by monitoring, requiring regular cleanups and ongoing maintenance of our waterways. NPDES permit requirements also require control of trash and discharges into our waterways, which supports the Amor Salinas efforts and the goal of providing more community volunteer opportunities ( City Services); it also requires monitoring and maintenance of our green and gray Infrastructure to ensure they continue to service our community.

DEPARTMENTAL COORDINATION:

Public Works Department worked with the Finance and Legal Department in the review process of the Master Service Agreements.

FISCAL AND SUSTAINABILITY IMPACT:

There is no immediate fiscal impact associated with the approval of the Master Service Agreements. Costs associated with the NPDES permit compliance implementation support services will be realized on a project basis and compensated using the Council-approved NPDES budget approved on an annual basis. On June 17, 2025 (Reso 23269), the Council approved an NPDES Operating Budget of $4,171,153 of which $2,613,273 is allocated to the NPDES 5126 Division.

Fund

Appropriation

Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 25-26
Operating
Budget
Page
Last Budget
Action (Date,
Resolution)*
6500 50.5126-63.4980

50.5126-63.5540

50.5126-63.5010

50.5126-63.5710

50.5126-63.5900

50.5126-63.6010
Software
WQ Monitoring
Professional Services
Contract Inspection
Professional Services
Outside Services
$4,171,153 $109,560
$587,680
$488,000
$116,000
$100,000
$311,200
199 6/17/25,
23269
* The FY 2025-26 Operating Budget was adopted on June 17, 2025.

ATTACHMENTS:

Resolution
2NDNATURE Software, Inc. Master Service Agreement
Dudek Master Service Agreement
Page | 4
Surf to Snow Environmental Resource Management, LLC Master Service Agreement Page | 1

RESOLUTION NO. (N.C.S.)

A RESOLUTION APPROVING MASTER SERVICE AGREEMENTS BETWEEN THE CITY OF SALINAS AND 2NDNATURE SOFTWARE, INC.; DUDEK; AND SURF TO

SNOW ENVIRONMENTAL RESOURCE MANAGEMENT LLC FOR ON-CALL

NPDES PERMIT COMPLIANCE IMPLEMENTATION SUPPORT

WHEREAS, the Public Works department has identified the need to utilize on -call consultants to support NPDES permit compliance implementation activities including, but not limited to development/maintenance of the NPDES stormwater information management system (SIMS), water quality monitoring, construction inspections, watershed plan development, CEQA analyses, field application development, website support, and volunteer activities; and

WHEREAS, on April 18, 2025, the City of Salinas engaged in a Request for Qualifications (RFQ) process to identify on-call consultants to support NPDES permit compliance implementation; and

WHEREAS, the City received three (3) proposals for NPDES permit compliance implementation support; and

WHEREAS, an evaluation committee consisting of Public Works staff reviewed each of the proposals and selected all three (3) consultants for the on-call list based on the criteria set forth in the RFQ; 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 approves the Master Service Agreements between the City of Salinas and 2NDNATURE Software, Inc; Dudek; and Surf to Snow Environmental Resource Management LLC to provide on-call NPDES permit compliance implementation support each for a term of five (5) years and in an annual amount not to exceed two million dollars ($2,000,000), subject to the appropriation of funds; and

BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed, for and on behalf of the City of Salinas , and as it s act and deed, to execute the attached Master Services Agreements; and

BE IT FURTHER RESOLVED, that the City Manager is authorized to execute extensions and/or modifications to the Agreements and to take whatever additional action may be necessary to effectuate the intent of this resolution; and

BE IT FURTHER RESOLVED, that the Public Works Director or their designee is hereby authorized to approve the Consultant’s on-going performance of services without the need for subsequent Service Agreements provided the Consultant is, at all times throughout the term thereof, in compliance with the terms and conditions of the Master Service Agreement a pproved Page | 2

through this Resolution.

PASSED AND APPROVED this 14th day of October 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

_______________________
Dennis Donohue, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk
Enviro. Prof. Services Agreement v. April 2025
2NDNATURE SOFTWARE INC.

October 2025

Page 1 of 17 ends

AGREEMENT

FOR PROFESSIONAL SERVICES FOR

ENVIRONMENTAL CONSULTANTS/

CONTRACTORS BETWEEN

THE CITY OF SALINAS AND
2NDNATURE SOFTWARE INC.

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

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

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

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

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

5. Meet and 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. Assignment. ......................................................................................................................... 6

14. Changes to Scope of Work. ................................................................................................. 7

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 Agreement. ................................................................................................. 8

21. Jurisdiction. .......................................................................................................................... 9

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 Enviro. Prof. Services Agreement v. April 2025
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32. Legal Representation. ........................................................................................................ 10

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

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

35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements for Environmental Contractors and/or Consultants ........ 13 Exhibit B- Scope of Service ..................................................................................................... 16 Enviro. Prof. Services Agreement v. March 2025
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AGREEMENT FOR PROFESSIONAL SERVICES FOR ENVIRONMENTAL
CONS

ULTANTS/CONTRACTORS BETWEEN
THE CITY OF SALINAS AND 2NDNATURE SOFT WARE INC
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 19th day of September 2025 between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and 2NDNATURE SOFTWARE INC, a California corporation, (hereinafter “Consultant”).

REC
ITALS
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 c onditions.

NOW, THE
REFORE, City and Consultant agree as follows:

TERMS

1. Scope of Service. It is understood by the City and Consultant that Consultant performs or secures the performance of
consulting and related services for the City on an on-going basis. On each occasion Consultant performs services for the City, Consultant shall advise the City in writing of the scope of services to be provided, and the cost of, and estimated time to perform the services. Consultant shall not proceed to perform any such service until the City and Consultant have established a project cost, a completion schedule, a timeframe for performance, and written authorization by the City to perform services. Written approval for performance and compensation may be granted by the City Engineer or the Public Works Director.

2. Term; Completion Schedule. This Agreement shall commence on 14 October 2025 and will continue for
five (5) years through 14 October 2030, unless terminated earlier (the “Initial Term”). This Agreement
may be extended only upon mutual written consent of the parties and may be terminated only pursuant to the terms of this Agreement.

3. Compensation . City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation set forth
in Exhibit B and shall not exceed Two million dollars ($2,000,000) annually. There is no minimum contract amount guarantee, and the total combined/aggregate contract amount shall not exceed $10,000,000. It is understood and agreed that there is no guarantee, either expressed or implied, that this dollar amount will be authorized under this Agreement.

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

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performed by more than one person. Consultant’s bills shall include the following information to which such services cost or pertain:

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

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

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

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

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

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

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

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

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(B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant.

(C) 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 from a third party claim connected to 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. Consultant shall not be responsible for any fees, payments, or costs arising from City performing or exercising any right granted under this Section 12.

13. Assignment. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of

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Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.

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

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

Notwithstanding anything to the contrary in this Agreement, including specifically this Section 15, under no circumstances does the Consultant assign or transfer to City any ownership rights to the proprietary software used to perform the services, including but not limited to the 2NFORM software product. All rights and obligations associated with such software, including 2NFORM, are covered by an agreement between Consultant and City.

16. Termination.

(A) City shall have the authority to terminate this Agreement, upon written notice to Consultant, as follows:

(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or

(2) For any reason whatsoever.

(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination based upon the Consultant’s rates shown in Exhibit B and/or Section 3 of this Agreement, except that:

(1) In the event of termination by the City for Consultant’s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred

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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

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

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

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

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

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

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

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

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

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

23. Notices.

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

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

With a copy to:

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

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

Dr. Nicole Beck – CEO
2NDNATURE Software Inc
500 Seabright Avenue, Suite 205
Santa Cruz, CA 95062

(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.

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disability. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.

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

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

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

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.

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its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.

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

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

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

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

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

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CONSULTANT
___________________________________
Dr.

Nicole Beck
CEO - 2NDNATURE Software Inc.

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

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

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

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

2. Automobile Liability: ISO Form CA 0001 covering any auto (Code 1), or if Consultant has no owned autos, hired (Code 8) and non- owned (Code 9) autos, with limit s no less than $1,000,000 per accident for bodily injury and property damage.

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

4. Contractor’s Pollution Liability (“PLL”) and/or Asbestos Pollution Liability and/or Errors & Omissions: Insurance applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

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

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

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Other Insurance Provisions
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form s CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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

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

B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Consultant pursuant to the contract. This coverage may also be provided on the Contractor’s PLL policy.

C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:

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

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

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

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

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

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Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII if admitted in the State of California. If Contractor’s Pollution Liability, Asbestos Pollution and/or Errors & Omissions coverages are not available from an admitted insurer, the coverage may be written by a non-admitted insurance company. A non-admitted company should have an A.M.

Best rating of A:X or higher. Exception may be made for the California State Compensation Insurance Fund if not rated.

Verification of Coverage
Consultant shall furnish the City with original certificates of insurance and amendatory endorsements, or copies of the applicable insurance policy language effecting coverage required by this contract and a copy of the Declarations and Endorsements page of the policy listing all policy endorsements. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

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

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

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

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

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Exhibit B- Scope of Service

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Enviro. Prof. Services Agreement v. July 2025 Page 1 of 17 Dudek
October 2025

AGREEMENT

FOR PROFESSIONAL SERVICES FOR

ENVIRONMENTAL CONSULTANTS/

CONTRACTORS BETWEEN

THE CITY OF SALINAS AND DUDEK

Enviro. Prof. Services Agreement v. July 2025 Page 2 of 17 Dudek
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