Agenda, first session — Tracy City Council, February 7, 2023 (part 2 of 3)

City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

5.5.2 For any claims related to this Agreement, Consultant's coverage shall be primary insurance with respect to the City. Any insurance maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it.

5.6 Notice of Cancellation. Consultant shall notify the City if the policy is canceled before the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. Consultant shall immediately obtain a replacement policy.

5.7 Authorized Insurers. All insurance companies providing coverage to Consultant shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.

5.8 Insurance Certificate. Consultant shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the City, before the City signs this Agreement.

5.9 Substitute Certificates. Consultant shall provide a substitute certificate of insurance no later than 30 days prior to the policy expiration date of any insurance policy required by this Agreement.

5.10 Consultant's Obligation. Maintenance of insurance by the Consultant as specified in this Agreement shall in no way be interpreted as relieving the Consultant of any responsibility whatsoever (including indemnity obligations under this Agreement), and the Consultant may carry, at its own expense, such additional insurance as it deems necessary. Failure to provide or maintain any insurance policies or endorsements required herein may result in the City terminating this Agreement.

6. Termination. The City may terminate this Agreement by giving ten days' written notice to Consultant. Upon termination, Consultant shall give the City all original documents, including preliminary drafts and supporting documents, prepared by Consultant for this Agreement. The City shall pay Consultant for all services satisfactorily performed in accordance with this Agreement, up to the date notice is given.

7. Dispute Resolution. If any dispute arises between the City and Consultant that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:
7 .1 Each Party shall designate a senior management or executive level representative to negotiate the dispute;

7.2 The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.

7.3 If the issue remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiations between legal counsel. If the aforementioned process fails, the Parties shall resolve any remaining disputes through mediation to expedite the resolution of the dispute.

7.4 The mediation process shall provide for the selection within fifteen (15) days by both Parties of a disinterested third person as mediator, shall be commenced within thirty (30) days and shall be concluded within fifteen (15) days from the commencement of the mediation.

7.5 The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

7.6 The dispute resolution process is a material condition to this Agreement and must be exhausted prior to either Party initiating legal action. This dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code§§ 900 et seq.

8. Ownership of Work. All original documents prepared by Consultant for this Agreement, whether complete or in progress, are the property of the City, and shall be given to the City at the

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc. completion of Consultant's services, or upon demand from the City. No such documents shall be revealed or made available by Consultant to any third party without the City's prior written consent.

9. Independent Contractor Status. Consultant is an independent contractor and is solely responsible for the acts of its employees or agents, including any negligent acts or omissions.

Consultant is not City's employee and Consultant shall have no authority, express or implied, to act on behalf of the City as an agent, or to bind the City to any obligation, unless the City provides prior written authorization. Consultant is free to work for other entities while under contract with the City.

Consultant, and its agents or employees, are not entitled to City benefits.

10. Conflicts of Interest. Consultant (including its employees, agents, and subconsultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. If Consultant maintains or acquires such a conflicting interest, the City may terminate any contract (including this Agreement) involving Consultant's conflicting interest.

11. Rebates, Kickbacks, or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any City official or employee. For breach of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

12. Notices. All notices, demands, or other communications which this Agreement contemplates or authorizes shall be in writing and shall be personally delivered or mailed to the other party to the addresses listed below. Communications shall be deemed to have been given and received on the first to occur of: (1) actual receipt at the address designated below, or (2) three working days after the deposit in the United States Mail of registered or certified mail, sent to the address designated below.

To City:

Director of Operations and Utilities
520 N. Tracy Blvd.

Tracy, CA 95376
With a copy to:

City Attorney
333 Civic Center Plaza
Tracy, CA 95376

13. Miscellaneous.

To Consultant:

Vijay Kumar, P.E.

CH2M HILL Engineers, Inc.
2485 Natomas Park Drive, Suite 600
Sacramento, CA 95833

13.1 Standard of Care. Unless otherwise specified in this Agreement, the standard of care applicable to Consultant's services will be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality, and under the same or similar circumstances.

13.2 Amendments. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.

13.3 Waivers. 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.

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

13.4 Assignment and Delegation. Consultant may not assign, transfer or delegate this Agreement or any portion of it without the City's written consent. Any attempt to do so will be void.

City's consent to one assignment shall not be deemed to be a consent to any subsequent assignment.

13.6 Compliance with the Law. Consultant shall comply with all applicable local, state, and federal laws, whether or not those laws are expressly stated in this Agreement.

13.6.1 Prevailing Wage Laws. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates; employment of apprentices (§ 1777 .5), certified payroll records (§ 1776), hours of labor (§ 1813 and §1815), debarment of contractors and subcontractors (§1777.1) and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed under this Agreement are part of a "public works" or "maintenance" project, as defined in the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. These prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents, harmless from any and all claims, costs, penalties, or interests arising out of any failure or alleged
failure to comply with the Prevailing Wage Laws.

13.6.2 Non-discrimination. Consultant represents and warrants that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age.

Consultant shall also comply with all applicable anti-discrimination federal and state laws, including but not
limited to, the California Fair Employment and Housing Act (Gov. Code 12990 (a-f) et seq.).

13. 7 Business Entity Status. Consultant is responsible for filing all required documents and/or forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, to the extent such requirements apply to Consultant. By entering into this Agreement, Consultant represents that it is not a suspended corporation. If Consultant is a suspended corporation at the time it enters this Agreement, City may take steps to have this Agreement declared voidable.

13.8 Business License. Before the City signs this Agreement, Consultant shall obtain a City of Tracy Business License. Consultant shall maintain an active City of Tracy Business License during the term of this Agreement.

13.9 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.

13.10 Construction of Agreement. Each Party hereto has had an equivalent opportunity to participate in the drafting of this Agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting Party shall not apply hereto.

13.11 Severability. If a term of this Agreement is held invalid by a court of competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in effect.

13.12 Controlling Provisions. In the case of any conflict between the terms of this
Agreement and the Exhibits hereto, and Consultant's proposal (if any), the Agreement shall control. In the case of any conflict between the Exhibits hereto and the Consultant's proposal (if any), the Exhibits shall control.

13.13 Entire Agreement. This Agreement and the attached Exhibits comprise the entire integrated understanding between the Parties concerning the services to be performed. This Agreement supersedes all prior negotiations, representations or agreements. All exhibits attached hereto are incorporated by reference herein.

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

14. Signatures. The individuals executing this Agreement on behalf of Consultant represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of Consultant.
[SIGNATURES ON FOLLOWING PAGE]

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

The Parties agree to the full performance of the terms set forth here.

City of Tracy
By: Nancy D. Young
Title: Mayor
Date: -----------
Attest:

Adrianne Richardson, City Clerk
Approved as to form:

Bijal M. Patel, City Attorney
Exhibits:

By: Vija Kumar, P.E.

Title: Businessr icr President
Date: I 4- ?-<0 '2.3
Federal Employer Tax ID No. 32-0/0002-7
A Scope of Work, including personnel and time of performance (See Agreement sections 1 and 2.)
B Compensation (See Agreement section 3.)

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_________
By: Cheryl Rimas
Title: Assistant Secretary
Date:_______
CH2M HILL Engineers, Inc.1/26/2023
City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

EXHIBIT A - Scope of Work
Task 1. Prepare Preliminary Design Report
Consultant will prepare a Preliminary Design Report (PDR) summarizing the results of the preliminary design effort and conclusions and submit the PDR to the City for review and approval. The purpose of the PDR is to lay the groundwork for the detailed design phase. The PDR will identify general arrangement of the proposed recycled water pump station near the intersection of Lammers Road and Schulte Road and will provide details of major features of pump station such as intake from BBID upper canal, pumping capacities, configuration of pumps, power requirements and electrical and control requirements. This report will also identify how the proposed pump station is to be connected to the City's existing SCADA system. The PDR will define other project components such as connection to existing 24-inch recycled water line along Lammers Road and proposed additional recycled water pipelines, rights of way requirements, cost estimation methodology, and will also identify permit requirements. Any additional environmental assessments or studies required to construct the project is excluded from this scope of work.

The PDR will include development of design criteria necessary to proceed with the final design of the pump station and it will be based on the following activities conducted by the Consultant:
• Site reconnaissance, including assembling a photographic record of the pump station site. • Review of existing information (if any)
• Project site visit to review existing site condition, utility layout, power supply provisions, and access to BBID canal.
• Review of existing drawings/plans and geotechnical reports for existing utilities and surrounding conditions, and existing improvement/facilities for adjacent properties and roadways within the Project area.
• Review of utility and civil plans of the pump station to locate planned utilities, connection points and other facilities.
• Identification and resolution of the known point(s) of conflict related to the new improvements.
• Define requirements for radio study and a line-of-sight study to determine the design requirements for a new radio connection between the Lammers Road Recycled Water Pump Station (RWPS) and the WWTP.
• Coordination with permitting agencies and utility companies including PG&E and City's Building Department.
• Identification of construction permits required to construct the Project.

Subtask 1.1: Surge Analysis
Since the pump station is pumping to higher elevations, there is risk of damage to the pipeline if there is a power failure when pumps are running. The Consultant will prepare a surge analysis based on the information provided by the pipeline consultant. Based on the results of the surge analysis, Consultant may suggest surge tank or combination air release/vacuum (CARV) at the recommended location.

Subtask 1.2: BBID Intake Pre-Design
City of Tracy would like to use the Lammers Road Recycled Water Pump Station to withdraw water from the BBID upper canal and send the irrigation water from the BBID upper canal to the Delta Mendota Canal through the recycled water pipeline. Since the Lammers Road recycled water pump

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc. station is a booster pump station, there is a need to design and construct a gravity intake structure to withdraw irrigation water from the BBID upper canal.

Consultant will coordinate with BBID to design a gravity intake on the north side of the Lammers Road pump station. It is assumed no screening is required since BBID water is already pumped from the Delta and a gravity pipe with control gates or valves will be installed between the BBID canal and a new wet well inside the fenced area of Lammers Road pump station.

Subtask 1.3: BBID Water Pump Station Pre-Design
As previously described, the Lammers Road pump station is a booster pump station that uses the existing force main along Lammers Road and increases the pressure to pump recycled water to DMC.

The pumps at the proposed Lammers Road pump station is split case horizontal centrifugal pumps to boost pressure. Since the City of Tracy is planning to withdraw water from the BBID canal using a gravity pipe, there is a need to design and construct a separate wet well and pump station to pressurize water. These pumps are vertical turbine pumps with soft starters to minimize the electrical load during startup of pumps.

Consultant will design a wet well to receive BBID irrigation water by a gravity pipe and design two vertical turbine pumps located on top of the wet well using a concrete platform. It will be outdoor pump station with no cover. All electrical and instrumentation associated with the vertical turbine pumps will be housed within the pump station building. A flow meter will be installed on the force main to measure BBID irrigation water quantity.

The PDR will describe special construction issues such as associated permit requirements, results of geotechnical reconnaissance, probable easements (if any from BBID) that will need to be obtained, the preliminary design criteria and conclusions, preliminary schedule. The PDR will contain technical memoranda prepared during the preliminary design task, as well as the following:
• Preliminary pump station layout plans and schematic details. • General design criteria, such as pump selection, pump and pipe materials, control requirements, thrust restraint, air/vacuum valve locations, electrical switchgear selection, pipe trenching requirements, and cathodic protection systems (if required) and assessment of power supply.
• Recommended staging area requirements and locations.
• Evaluation of native material for trench backfill.
• List of permits required and approximate schedule to obtain them. • High level Project schedule.

The Draft PDR will summarize decisions made during the preliminary design task. Upon resolution of the City's review comments, the preferred design details will be selected, and the Final PDR will be prepared.

Once the power supply requirements for the pump station have been finalized, Consultant will prepare an application for submission to PG&E by the City of Tracy requesting PG&E to start their design to provide power supply for the purpose of Lammers Road RWPS.

The Consultant will prepare supporting documentation required for Building permit application. The Utilities Department of the City of Tracy will submit the Building permit application to the City's Building Department seeking approval for construction of the Lammers Road RWPS. City will pay all permit and processing fees directly to the approving agencies (such as PG&E, BBID, Tracy Building Division) including any additional charges by the approving agency for their staff time.

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City of Tracy-- Professional Services Agreement with CH2M HILL Engineers, Inc.

Deliverables:
• Draft and Final PDR
• Permitting package
Assumptions:
• The data from the pipeline routing study and hydraulic design (completed by pipeline project) will be used for pump selection and pumping system design, which are fundamental to the PDR.
• All survey data and geotechnical data will be made available by the City and no further surveys and geotechnical investigation are required for pump station site. • Easement and associated right of way acquisition outside the existing pump station site boundary is excluded.

Task 2. Prepare Final Design Drawings and Specifications Following the City's approval of the Final PDR, the Consultant will commence final design of the Project. The final design package includes design calculations, technical specifications, plans, and construction cost estimates. Final designs will be developed in 30, 60, 90 percent design stages.

Design drawings will be developed using CAD format with City title blocks and will conform to City CAD standards.

This task will comprise of following subtasks:

Subtask 2.1: Prepare 30, 60, and 90 percent design drawings and specifications • General drawings
• Civil plans including site, utility, grading, drainage, survey controls, erosion control plans and hardscape plans
• Architectural plans including floor plans, roof details and exterior elevations • Structural plans for required special structures consisting of plan views, sections, and details
• Mechanical plans showing pump station plan and sections, with required details and equipment and valve schedule
• Electrical plans including one-line diagrams, wiring diagrams and details and cable schedule
• Instrumentation and control (l&C) drawings, control philosophy for Lammers Road pump station
• Communication network and telemetry details, SCADA system integration and security system drawings
• Standard details
Design drawings will be submitted to the City for review and comments at each of the 30, 60, and 90 percent design completion stages. Comments received will be incorporated into the next planned deliverable. Comments not incorporated will be noted with an explanation as to why they are proposed to be modified or disregarded. Design drawings associated with permitting will be submitted to the applicable regulatory agencies and to other permitting agencies as required for review.

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City of Tracy-- Professional Services Agreement with CH2M HILL Engineers, Inc.

A virtual design review workshop will be arranged at each review stage for City's review of the updated designs and drawings. The Consultant will adjudicate the City's comments received during the workshop and will incorporate them into the next stage of design submission.

Subtask 2.2: Prepare 30, 60, and 90 percent Specifications The Consultant will prepare technical specifications for review at the 30, 60, and 90 percent design stages. Technical specifications will be prepared in Microsoft Word file format, Arial 11-point font.

Review copies of technical specifications will be provided in pdf format. Technical specifications will be compiled using the City's Contract Document template suitable for incorporation into the Lammers Road Pump Station project bidding documents to be prepared by the City. City will prepare all front end Contract documents and Consultant will provide only technical specifications.

Subtask 2.3: Prepare and Update Opinion of Probable Cost After completion of 60 and 90 percent designs, Consultant will prepare Opinion of probable construction cost for City's review along with design drawings and technical specifications.

Subtask 2.4: Final Construction/Bid Documents
Upon completion of City's review of 90 percent submittal of design drawings and specifications, final comments received from the City will be adjudicated and incorporated into the Final for Construction documents. The project drawings and technical specifications will then be finalized as Final design and submitted as one set of Final for Construction documents consisting of technical specifications, drawings, and standard details ready for bidding. The Consultant will prepare and submit a high-level schedule for construction of the Lammers Road RWPS project. The Consultant will review and update 90% level opinion of probable construction costs per AACE guidelines.

Deliverables:
• Design packages at 30, 60, 90, and Final design milestones Assumptions:
• Design drawings will be submitted in electronic format. • All permitting fees will be paid by the City to respective permitting agencies. • Previously, City staff showed the NEI booster pump station as an example for the proposed Lammers Road recycled water pump station design. Therefore, it is assumed that fire sprinklers are not needed, and it match NEI booster pump station design.

Task 3. Project Management
The Consultant will provide project management services for this scope of work described as the following subtasks.

Subtask 3.1: Progress Meetings
The Consultant will update the City's project manager monthly throughout the duration of the project.

This report will include review of project progress, schedules, budgets, and deliverables. Monthly progress reports will be used to provide the City with an update to the status of the project and to provide the City and Consultant team an opportunity to disseminate information and develop project direction and consensus. The progress meetings or conference calls will also be used to resolve minor design issues that require City input and direction. An action item list and a decision log will also be maintained to help document design-related action items as well as design decisions reached during
each of these conference calls.

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

Subtask 3.2: Manage Project Team and Activities
The Consultant will provide the following throughout the duration of the project:
• Records Management: This will comprise of maintaining of Project records, managing, and processing Project communications, coordinating Project administrative matters, and subcontractor information.
• Coordination: This will comprise of Conducting monthly internal coordination meetings to complete authorized work on schedule and within budget. • Staff Management: This will comprise of Supervising and controlling activities of staff assigned to the Project. This will also include coordinating and scheduling appropriate staffing to meet Project requirements.
• Meeting Preparation: This will comprise of deciding for and coordinating periodic site visits and meetings with the City staff and Management.

Deliverables:
• Monthly design progress report
• Decision log
• Action item log
• Monthly invoices
Assumptions:

City will coordinate internal review and provide one set of comments in electronic format for review decisions made during the meetings.

Task 4. Bid Phase Services
The Consultant will attend and conduct, in conjunction with the City, one (1) pre-bid conference meeting at the Project site. The Consultant will respond to bidders' questions and will assist the city to issue up to four addenda during the bid process. After opening of the bids, Consultant will participate in evaluation of bids and will tabulate bid results in a spreadsheet to facilitate City's selection and awarding of the construction contract. The Consultant will prepare one conformed set of bid documents.

Questions and requests for information from the prospective bidders will be provided to the City and City will publish the addenda on its website.

Deliverables
• Conformed set of plans and technical specifications
• Responses to bid questions
• Bid tabulation document
Assumptions
• City will bid the project and supervise distribution of contract documents via City's website. • The Consultant will prepare responses to up to bidder's questions and up to four (4) design clarifications. City will issue addenda to bid documents • One engineering staff of Consultant will attend the pre bid conference.

Task 5. Services During Construction
The Consultant will provide the following services during construction described as subtasks.

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

Subtask 5.1: Attend Construction Meeting
The Consultant will participate one pre-construction meeting. Participation at the construction progress meetings will be as needed. This proposal assumes attendance at two meeting per month.

Deliverables
• The Construction Management team will prepare meeting minutes and distribute (no deliverables from the Consultant).

Assumptions
• MS Teams meetings will be used for majority of construction meetings and on-site presence is not required for every meeting.

Subtask 5.2: Design Support
This includes answering construction questions, reviewing submittals, and making interpretations and comments. The Consultant will perform technical reviews of initial technical submittals and start-up plans. Consultant's review of submittals will include comments, submittal review status (e.g., "No Exceptions Noted", "Make Corrections Noted", "Make Corrections Notes (Resubmit)", "Not Acceptable (Resubmit)"), and recommendations regarding deviations from the contract documents. The Consultant will complete review of submittal, provide comments, and return review comment sheet within 30 calendar days for normal submittals, after Consultant's receipt of a submittal. If the review cannot be completed within this period, Consultant will notify Construction Manager and provide reason for delay prior to the end of the specified period. The Consultant will submit review comments into the File/ Document management system using project-specific template set up by City's Construction Manager (CM).

Deliverables
• Initial Submittal review comments
Assumptions
• Up to 85 initial technical submittals will be reviewed. An average effort of 5 hours of review time has been allowed per submittal for all disciplines. • Contractor will deliver all submittals to the project CM in electronic format, and the CM will then email submittals to Consultant or place the submittal on an accessible File / Document management system. The Contractor assumes all costs and risk with providing submissions, in a timely manner, so as not to affect the submission review timeline. The CM has the responsibility of working with the Contractor for compliance with this requirement. Additional submittals or associated effort beyond what the proposal is based on will serve as basis for additional compensation.
• The CM will be responsible for quality control of submittals. • Equipment O&M manuals are to be prepared and submitted by the Contractor and will be reviewed by CM and City for completeness. Review of O&M Manuals is not included in this proposal.
• Development of Standard Operating Practices (SOPs) for the system is not included in this proposal.
• Up to 40 technical resubmittals will require resubmittal reviews for the project. An estimated average effort of 4 hours of review time has been allowed per resubmittal for all disciplines.

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City of Tracy -- Professional SeNices Agreement with CH2M HILL Engineers, Inc. • Repeated submission of contract submittals due to incompleteness by the Contractor or piecemeal submittals will serve as basis for additional compensation. • Contractor will deliver resubmittals to the project CM initially, and the CM will then email submittals to Consultant or place the resubmittal on an accessible file management system.

The Contractor assumes all costs and risk with providing re-submissions, in a timely manner, so as not to affect the submission review timeline. The CM has the responsibility to ensure that the Contractor complies with this requirement. Additional resubmittals or associated effort beyond what has been assumed herein will serve as grounds for additional compensation.

Subtask 5.3: Review RFl's and Change Orders
The Consultant will provide consultation and advice to clarify or interpret the intent of the contract documents for City and for the contractor. The Consultant will respond to RFI prepared by the Contractor during construction. RFI responses will include supplementary drawings and specifications that may be required to assist City in communications with the Contractor. The Consultant will provide RFI responses directly into the file management system using a template created by the Project CM.

Up to 50 RFls will be reviewed and answered. An average of 4 hours has been allowed for each RFI for the lead discipline assigned to the RFI. Additional RFls or associated effort beyond what has been assumed herein will serve as basis for additional compensation.

Deliverables
• RFI responses
Assumptions
• Up to 10 days are allowed to answer each RFI.

Subtask 5.4: Issue Design Clarifications and Change Orders Design Clarifications will be issued in the case of the following:
• To provide additional clarification on the Contract Documents, when necessary, after responding to RFI raised by the Contractor.
• Modifications to the Contract Documents when requested by City. • To assist the Construction Manager with the preparation of contract change order requests.

Any significant changes to or additions to the plans, specifications and cost estimates resulting from a change in scope or differing site conditions will be prepared at the direction of City. Such changes will be construed as a change to this Task Order proposal and additional compensation will be negotiated accordingly.

Deliverables
• Clarifications consisting of written responses to clarification requests by Contractor. • Prepare change order plans, specifications, amendments, and cost estimates, as requested.

Assumptions
• Up to four Design Clarifications Memos (DCM) will be issued during the project. • Additional effort beyond what has been assumed herein for changes initiated and directed by City or changes necessitated due to unforeseen conditions as verified by the Contractor during site excavation or site verification will serve as basis for additional compensation.

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers,, Inc.

Subtask: 5.5 Site visits
The Consultant will conduct multiple site visits throughout the duration of the project. These are summarized as follows:
• Two site visits by the one staff from Consultant. One to occur during pump installation and the other to occur prior to completion and termination of the construction contract and before final payment, to participate in a pre-final inspection and assist City in preparing a construction deficiency (punch) list. Consultant proposes to have the Project Manager attend this meeting as well.
• One site visit by the Lead Electrical Engineer, Lead Civil Engineer, Lead Structural Engineer, and Lead Mechanical Engineer at key construction milestones as identified by City.
• Six site visits by Consultant's local Project Manager, to occur at key construction milestones as identified by the City over the entire duration of the construction phase.

Deliverables
• Field summary notes for each trip
• One set of consolidated punch-list items
Assumptions
• This proposal is based on a total of six (6) site visits required over the entire duration of the construction phase for discipline leads, each lasting eight (8) hours on site, plus additional time for travel.
• For Local Project Manager, each site visit is assumed to last four (4) hours on site, plus additional time for local travel.

Subtask 5.6: Prepare Record Drawings
Consultant will prepare record drawings based on redlines submitted by the Contractor and will submit as-built drawings to the City.

Deliverables
• Record drawings in pdf format
Assumptions
• Contractor will provide red line drawings in either Bluebeam or Adobe acrobat format.

Subtask 5.7: Project Management During SOC
Consultant will provide project management services for this scope of work as follows:

Progress Meetings
Consultant will update the City's project manager monthly throughout the duration of the project.:..

Consultant will provide the following throughout the duration of the project:
• Records Management: This will comprise of maintaining of Project records, managing, and processing Project communications, coordinating Project administrative matters, and subcontractor information.
• Coordination: This will comprise of Conducting monthly internal coordination meetings to complete authorized work on schedule and within budget. • Staff Management: This will comprise of Supervising and controlling activities of staff assigned to the Project. This will also include coordinating and scheduling appropriate staffing to meet Project requirements.

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc. • Meeting Preparation: This will comprise of deciding for and coordinating periodic site visits and meetings with the City staff and Management.

Deliverables
• Monthly design progress report
• Monthly invoices
Assumptions
• City will coordinate internal review and provide one set of comments in electronic format for review decisions made during the meetings.

Task 6. Optional Tasks
During the previous projects, the City has asked the Consultants to assist with the following services, which we include for your consideration:
a. Factory Demonstration testing for Pumps and I & C systems b. Preparation of Electronic O & M Manual for the operation of pump station We have not provided costs for these optional tasks. Consultant will provide if requested.

SCHEDULE:

Notice to Proceed by City: mid-February 2022
Survey, Potholing, and Geotechnical Data by City: Early March 2022 Predesign - 12 weeks from NTP
Final Design, Plans, Specifications and Standard details- 24 weeks after approval of PDR by City. (front end bid documents and bidding by City)

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

EXHIBIT B- Compensation
Billing Rates for Years 2023 to 2025 (from Jan 1 to Dec 31st of each Year) 2023 2024 2025
Classification
Entry level or Intern $75 $78 $81
Global Design Center staff $90 $93 $96
Engineering/Environmental Tech 1 $94 $98 $101
Engineering/Environmental Tech 2 $107 $111 $115
Office/Clerical/Accounting $110 $114 $118
Staff Engineer 1 * $143 $148 $153
Engineering/Environmental Tech 3 $143 $148 $153
Staff Engineer 2* $165 $171 $177
Engineering/Environmental Tech 4 $165 $171 $177
Associate Engineer* $186 $192 $198
Engineering/Environmental Tech 5 $193 $200 $206
Project Engineer*/Associate $228 $236 $244 Project Manager Engineer Specialist*/Project $258 $266 $274 Manager
Sr. Technologist*/Sr. Project Manager $282 $291 $300
Principal Technologist*/Principal $315 $325 $335 Project Manager Notes: This fee estimate assumes all work is completed by December 2025. Any work completed after the above date shall be subject to the new billing rates not exceeding 5%. The above billing rates apply for consultant staff located in any office. Costs for individual tasks may be than the total for each task. However, the total fee shall not exceed the fee authorized by the City without City's written directive.

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Principal Technologist/
Principal Project
Manager
Principal Technologist/
Principal Project
Manager
Sr. Technologist/Sr.

Project Manager
Engineer
Specialist*/Project
Manager
Project
Engineer*/Associate
Project Manager
Associate Engineer
Staff Engineer 2*
Engineering/Env. Tech 5
Engineering/Env. Tech 4
Engineering/Env. Tech 4
GID Engineering Support
Office/Clerical/
Accounting
Total Hours
2023 Billing Rates $315 $282 $282 $258 $186 $186 $165 $193 $165 $143 $90 $110 Task Description
Labor
($)
Expense
s ($)
Total
Fee ($)
1 Prepare Preliminary Design Report
Draft Preliminary Design Report 7 8 48 12 16 40 16 40 16 9 48 16 276 51,880$ 2,600$ 54,480$ Surge Analysis 16 200 40 256 49,160$ 2,460$ 51,620$ BBID Intake Pre-Design 16 8 40 12 16 40 16 40 16 9 40 16 269 51,740$ 2,590$ 54,330$ BBID Water Pump Station Pre-Design 16 8 48 12 16 60 16 40 16 9 80 16 337 61,320$ 3,070$ 64,390$ Final Preliminary Design Report 7 8 32 12 16 32 16 32 16 9 24 16 220 42,180$ 2,110$ 44,290$ 2 PREPARE FINAL DESIGN DRAWINGS AND

SPECIFICATIONS
Engineering Design and Drawings (30%
Completion)
8 40 40 48 48 48 48 40 40 40 80 24 504 93,120$ 4,660$ 97,780$ Quality Control and Senior Review 30% Design 24 16 8 8 56 16,400$ 820$ 17,220$ Engineering Design and Drawings (60%
Completion)
8 24 24 32 32 32 32 24 40 40 80 24 392 68,290$ 3,420$ 71,710$ Project Specifications and Standard Details
(60% Completion)
8 16 24 24 24 24 24 24 32 24 40 12 276 51,150$ 2,560$ 53,710$ Quality Control and Senior Review 60% Design 24 16 8 8 56 16,400$ 820$ 17,220$ Engineering Design and Drawings (90%
Completion)
8 24 40 40 40 60 60 40 60 24 80 10 486 88,740$ 4,440$ 93,180$ Project Specifications and Standard Details
(90% Completion)
8 16 24 20 32 32 32 24 40 24 26 12 290 54,470$ 2,730$ 57,200$ Quality Control and Senior Review 90% Design 16 16 16 16 64 18,200$ 910$ 19,110$ Engineering Design and Drawings (Final
Completion)
8 16 16 16 30 24 24 24 24 24 80 12 298 50,220$ 2,520$ 52,740$ Project Specifications and Standard Details
(Final Completion)
8 16 16 16 16 16 16 16 24 24 24 12 204 38,230$ 1,920$ 40,150$ Building Permit package and processing 8 10 24 16 16 24 12 20 8 138 28,340$ 1,420$ 29,760$ PG&E Power Connection Application 8 10 12 40 2 8 80 17,510$ 880$ 18,390$ 3 Project Management during Design 40 60 16 116 31,280$ 1,570$ 32,850$ 4 Bid Services 0
Pre-Bid Conference 12 4 16 4,220$ 220$ 4,440$ Prepare Addenda 8 12 12 12 12 18 4 78 16,680$ 840$ 17,520$ Bid Opening and Evaluation 8 2 10 2,740$ 170$ 2,910$ Subtotal 250 340 432 304 514 472 312 384 324 236 642 212 4422 $ 852,270 $ 42,730 $ 895,000 Fee Estimate for Design Services forCity Tracy Recycled Water Project Lammers Road Pump Station Design EXHIBIT B (TWO Pages)

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Principal Technologist/
Principal Project
Manager
Principal Technologist/
Principal Project
Manager
Sr. Technologist/Sr.

5.1 Pre-construction Meeting (Year 2024) 8 8 2 18 5,160$ 260$ 5,420$

5.2 Review & Respond to Submittals (Year 2024) 8 16 32 40 48 48 48 16 4 260 55,800$ 2,790$ 58,590$ Review & Respond to Submittals (Year 2025) 8 10 40 40 48 48 48 16 4 262 58,160$ 2,910$ 61,070$

5.2 Review & Respond to RFI's (Year 2024) 8 12 16 16 24 32 16 8 8 16 8 164 33,860$ 1,700$ 35,560$ Review & Respond to RFI's (Year 2025) 4 16 16 12 12 32 16 8 116 25,420$ 1,280$ 26,700$

5.4 Issue Design Clarifications and Change Orders
(Year 2024)
8 8 40 16 20 32 16 32 16 24 8 220 45,830$ 2,300$ 48,130$ Issue Design Clarifications and Change Orders
(Year 2025)
8 8 20 16 20 20 16 24 8 12 4 156 34,200$ 1,710$ 35,910$

5.5 Field Site Visits (Year 2024) 8 8 8 8 8 8 8 2 58 14,060$ 710$ 14,770$ Field Site Visits (Year 2025) 4 4 4 4 4 4 4 2 30 7,370$ 370$ 7,740$

5.6 Record Drawings (2025) 4 8 8 8 32 40 90 6 196 30,430$ 1,530$ 31,960$

5.7 Project Management (2024) 16 12 8 36 9,610$ 490$ 10,100$ Project Management (2025) 12 12 8 32 8,570$ 480$ 9,050$ Subtotal 96 114 192 160 184 224 188 64 72 190 64 1548 $ 328,470 $ 16,530 $ 345,000 Fee Estimate for SDC Services for City Tracy Recycled Water Project Lammers Road Pump Station Design

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

CITY OF TRACY

PROFESSIONAL SERVICES AGREEMENT WITH
CH2M HILL Engineers, Inc. for Pipelines Design
Services for the Recycled Water System Expansion Project (CIP 74168) This Professional Services Agreement (Agreement) is entered into between the City of Tracy, a municipal corporation (City), and CH2M HILL Engineers, Inc., a Delaware Corporation (Consultant).

City and Consultant are referred to individually as "Party" and collectively as "Parties." Recitals
A. City desires to retain Consultant to perform design services; and B. On November 14, 2022, the City issued a Request for Proposals (RFP) for Design Services for the City of Tracy Recycled Water System Expansion Project (Project). On December 12, 2022, Consultant submitted its proposal for the Project to the City. City has determined that Consultant possesses the skills, experience and certification required to provide the services.

C. After negotiations between the City and Consultant, the Parties have reached an agreement for the performance of services in accordance with the terms set forth in this Agreement.

D. This Agreement is being executed pursuant to Resolution No. 2023- __ approved by Tracy City Council on February 7, 2023.

Now therefore, the Parties mutually agree as follows:

1. Scope of Work. Consultant shall perform the services described in Exhibit "A" attached and incorporated by reference. The services shall be performed by, or under the direct supervision of, Consultant's Authorized Representative: Vijay Kumar, P.E., Consultant shall not replace its Authorized Representative, nor shall Consultant replace any of the personnel listed in Exhibit "A," nor shall Consultant use or replace any subcontractor or subconsultant, without City's prior written consent. A failure to obtain the City's prior written consent for any change or replacement in personnel or subcontractor/subconsultant may result in the termination of this Agreement.

2. Time of Performance. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Consultant shall begin performance, and shall complete all required services no later than the dates set forth in Exhibit "A." Any services for which times for performance are not specified in this Agreement shall be started and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Consultant. Consultant shall submit all requests for time extensions to the City in writing no later than ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. City shall grant or deny such requests at its sole discretion.

2.1 Term. The term of this Agreement shall be shown in Exhibit A. Unless terminated in accordance with Section 6, this Agreement may be extended for an additional 1 year by the City Manager following a written determination that consultant has met the terms of this Agreement.

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Attachment B
City of Tracy -- Professional Setvices Agreement with CH2M HILL Engineers, Inc.

3. Compensation. City shall pay Consultant on a time and expense basis, at the billing rates set forth in Exhibit "B," attached and incorporated by reference for services performed under this Agreement.

3.1 Not to Exceed Amount. Consultant's total compensation under this Agreement shall not exceed $1,860,000.

No work shall be performed by Consultant in excess of the total compensation amount provided in this section without the City's prior written approval.

3.2 Invoices. Consultant shall submit monthly invoice(s) to the City that describe the services performed, including times, dates, and names of persons performing the services.

3.2.1 If Consultant is providing services in response to a development application, separate invoice(s) must be issued for each application and each invoice shall contain the City's designated development application number.

3.2.2 Consultant's failure to submit invoice(s) in accordance with these requirements may result in the City rejecting said invoice(s) and thereby delaying payment to Consultant.

3.3 Payment. Within 30 days after the City's receipt of invoice(s), City shall make payment to the Consultant based upon the services described on the invoice(s) and approved by the City.

4. Indemnification. Consultant shall, to the fullest extent permitted by law, indemnify, defend (with independent counsel approved by the City), and hold harmless the City from and against any claims arising out of Consultant's performance or failure to comply with obligations under this Agreement, except to the extent caused by the sole, active negligence or willful misconduct of the City.

In this section, "City" means the City, its officials, officers, agents, employees and volunteers; "Consultant" means the Consultant, its employees, agents and subcontractors; "Claims" includes claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses) and any allegations of these; and "Arising out of' includes "pertaining to" and "relating to".

The provisions of this section survive completion of the services or the termination of this Agreement, and are not limited by the provisions of Section 5 relating to insurance.

5. Insurance. Consultant shall, throughout the duration of this Agreement, maintain insurance to cover Consultant, its agents, representatives, and employees in connection with the performance of services under this Agreement at the minimum levels set forth herein.

5.1 Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) "per occurrence" coverage shall be maintained in an amount not less than $4,000,000 general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.

5.2 Automobile Liability (with coverage at least as broad as ISO form CA 00 01 07 97, for "any auto") "claims made" coverage shall be maintained in an amount not less than $1,000,000 per accident for bodily injury and property damage.

5.3 Workers' Compensation coverage shall be maintained as required by the State of California.

5.4 Professional Liability "claims made" coverage shall be maintained to cover damages that may be the result of errors, omissions, or negligent acts of Consultant in an amount not less than $1,000,000 per claim.

5.5 Endorsements. Consultant shall obtain endorsements to the automobile and commercial general liability insurance policies with the following provisions:

5.5.1 The City (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional "insured."

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City of Tracy-- Professional Services Agreement with CH2M HILL Engineers, Inc.

1. Each Party shall designate a senior management or executive level representative to negotiate the dispute;

2. The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.

3. If the issue remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiations between legal counsel. If the aforementioned process fails, the Parties shall resolve any remaining disputes through mediation to · expedite the resolution of the dispute.

4. The mediation process shall provide for the selection within fifteen (15) days by both Parties of a disinterested third person as mediator, shall be commenced within thirty (30) days and shall be concluded within fifteen (15) days from the commencement of the mediation.

5. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

6. The dispute resolution process is a material condition to this Agreement and must be exhausted prior to either Party initiating legal action. This dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code§§ 900 et seq.

8. Ownership of Work. All original documents prepared by Consultant for this Agreement, whether complete or in progress, are the property of the City, and shall be given to the City at the

Page 3 ends

9. Independent Contractor Status. Consultant is an independent contractor and is solely responsible for the acts of its employees or agents, including any negligent acts or omissions.

Consultant, and its agents or employees, are not entitled to City benefits.

To City:

Director of Operations and Utilities
520 N. Tracy Blvd.

Tracy, CA 95376
With a copy to:

City Attorney
333 Civic Center Plaza
Tracy, CA 95376

13. Miscellaneous.

To Consultant:

Vijay Kumar, P.E.

CH2M HILL Engineers, Inc.
2485 Natomas Park Drive, Suite 600
Sacramento, CA 95833

13.2 Amendments. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.

13.3 Waivers. 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.

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

13.4 Assignment and Delegation. Consultant may not assign, transfer or delegate this Agreement or any portion of it without the City's written consent. Any attempt to do so will be void.

City's consent to one assignment shall not be deemed to be a consent to any subsequent assignment.

13.5 Jurisdiction and Venue. The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to th is Agreement shall be filed and heard in a court of competent jurisdiction in the County of S an Joaquin.
o Compliance with the Law. Consultant shall comply with all applicable local, state, and federal laws, whether or not those laws are expressly stated in this Agreement.

13.6.1 Prevailing Wage Laws. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates; employment of apprentices(§ 1777.5), certified payroll records (§1776), hours of labor (§1813 and § 1815), debarment of contractors and subcontractors (§ 1777 .1) and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed under this Agreement are part of a "public works" or "maintenance" project, as defined in the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. These prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents, harmless from any and all claims, costs, penalties, or interests arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. ■ Non-discrimination. Consultant represents and warrants that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age.

Consultant shall also comply with all applicable anti-discrimination federal and state laws, including but not limited to, the California Fair Employment and Housing Act (Gov. Code 12990 (a-f) et seq.).

13.7 Business Entity Status. Consultant is responsible for filing all required documents and/or forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, to the extent such requirements apply to Consultant. By entering into this Agreement, Consultant represents that it is not a suspended corporation. If Consultant is a suspended corporation at the time it enters this Agreement, City may take steps to have this Agreement declared voidable.

13.9 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.

13.12 Controlling Provisions. In the case of any conflict between the terms of this Agreement and the Exhibits hereto, and Consultant's proposal (if any), the Agreement shall control. In the case of any conflict between the Exhibits hereto and the Consultant's proposal (if any), the Exhibits shall control.

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

Page 6 ends

City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

The Parties agree to the full performance of the terms set forth here.

City of Tracy
By: Nancy D. Young
Title: Mayor
Date: -----------
Attest:

Adrianne Richardson, City Clerk
Approved as to form:

Bijal M. Patel, City Attorney
Exhibits:

By: Vijay Kumar, P.E.

Title: Businers Vre President
Date: l 4 Qdl '3
oration
Federal Employer Tax ID No. ?,2->0I ODO l 1-
By: Cheryl Rimas
Title: Assistant Secretary
Date: _ __ _ _ _ _ _ _ _ _
A Scope of Work, including personnel and time of performance (See Agreement sections 1 and 2.)
B Compensation (See Agreement section 3.)

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CH2M HILL Engineers, Inc.
1/26/2023
City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

EXHIBIT A - Scope of Work
The Project addresses the pipeline from the proposed Lammers Pump Station. The proposed pipeline project includes one (1) 24 inch recycled water pipeline from the City of Tracy existing pipeline within Lammers Road to the Lammers Road Pump Station approximately 150 linear feet, two (2) 30 inch recycled water pipelines along Lammers Road from the recycled water pump station near the intersection of Lammers Road and Schulte Road to the Delta Mendota Canal (DMC) approximately 7,300 linear feet, concrete discharge structure at the DMC, two future turnouts (Ellis and Tracy Lakes) with blind flanges, and will details of major features of the pipeline such as railroad crossings, major utility crossings and design requirements such as
trench width and depth.

The overall design package will include drawings, standard details, and specifications for construction by the City's contractor.

The work will include the following:

1. Conduct project management and coordination activities

2. Review pipeline alignment along Lammers Road and then prepare preliminary design on the selected alignment

3. Use survey, potholing and geotechnical data provided by the City

4. Conduct pipeline hydraulic model to define system curve and review surge analysis for Lammers Road Pump Station

5. Assist City to obtain Encroachment permits or license for utility crossings from Larch Road Pump Station to DMC. At this time, it is unknown how long is the approval for a discharge structure at DMC since City has not done any environmental review associated with the discharge of either recycled water or irrigation water to DMC. Therefore, Consultant will provide pre-design of DMC discharge structure so that City can obtain approval from USBR and San Louis
Delta Mendota Canal Authority for future construction of the discharge structure.

6. Prepare design drawings, specifications, basis of design report and construction cost estimates for two (2) 30-inch pipelines within Lammers Road.

7. Provide bidding services

8. Provide engineering services during construction
The Project is under an accelerated schedule due to DWR grant requirements. The following sections provide a breakdown of the scope of work.

Task 1. Preliminary Design
The preliminary design will start from the end of the existing 24-inch pipeline that was terminated during Phase 1 of the Recycled Water Project. This location is about 200 feet north of the intersection of Lammers Road and Schulte Road.

Subtask 1.1: Pipeline Alignment Verification
The Consultant will verify the alignment of the proposed two (2) 30-inch recycled water pipelines within the existing right of way of Lammers Road. Consultant will develop evaluation criteria based on cost and non-cost items and review this criterion with the City. Considerations will be made for number and cost of trenchless crossings, expected number of crossing, and traffic impacts from construction.

Information will be gathered on the alignment based on field work and discussions with the City.

Consultant will also review previous studies and prepare background information for the proposed alignment. Background information will consist of conceptual alignment, conceptual plans and sections for visualization of the alignment, and a list of advantages and disadvantages. The alignment will be reviewed in a workshop with the City. The proposed alignment and associated details will be

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc. documented in a technical memorandum (TM) and will become an appendix in the Preliminary Design Report (PDR).

Deliverables:
• Workshop agenda and notes
• Draft and final TM on alternatives evaluation and recommendations Subtask 1.2: Field Visits and Visual Observations
Consultant will coordinate with utility companies during the pre-design phase of the Project. Consultant will request as-built drawings indicating the approximate location of existing utilities in the vicinity of the proposed pipeline alignment selected in Subtask 1.1. Consultant will show existing utility lines and structures on the plans and profile sheets based on sites visits and information received from the utility owners and available as-built drawings. Visible utility features such as manholes, drain inlets, valves and meter boxes will be identified on the plans. Verification of depth of critical facilities by ground penetrating radar (GPR) or potholing will be conducted by the City and provided to the Consultant within 4 weeks after Notice to Proceed of the design contract.

Consultant will attempt to design the pipeline to have minimal disruption to existing utilities; however, some conflicts may be inevitable. Consultant will submit one set of 60 percent drawings to each known utility owning
facilities along the selected pipeline alignment. It is assumed that each utility will provide review comments within two weeks of receiving the drawings. It is assumed that relocation and design of the utilities in conflict with the Project (i.e., water, sewer, storm drain, telephone, electrical, cable, fiber optic, or gas lines) will be completed by the owners of the utility. Consultant will develop and maintain a utility log documenting the delivery and receipt of information from the utility companies. The utilities that may be contacted include: gas, electric, water, sewer, telephone, and fiber optics.

Assumptions:
• Potholing, Survey and GPR efforts completed by the City due to prevailing wage issues.

Deliverables:
• Summary of Utility data log and any relocation of utilities (if required) Subtask 1.3: Draft Preliminary Design Report (PDR)
Consultant will validate design criteria and document the design parameters for the Project. Consultant will document the design parameters, City Standards, and construction methods.

Assumptions:

Deliverables:
• Draft Preliminary Design Report in pdf format
Subtask 1.4: Final Preliminary Design Report
Consultant will prepare the Final Preliminary Design drawings, compile a draft table of contents of technical specifications and prepare the final PDR for the pipeline alignment. The PDR will be updated from the Draft PDR using applicable work efforts to document the major design criteria used for the various pipeline project components. At this stage of design, the PDR is expected to be a working document that will be a guiding document as design progresses to Final Design. A construction cost estimate will be prepared and included with the final PDR. The PDR will also include the various other TMs in the project as appendices.

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

Following review of the submittal, Consultant will meet with the City to discuss review comments.

Assumptions:

Deliverables:
• Half-size preliminary design drawings (11-inch by 17-inch), in pdf format • Technical specifications table of contents
• Construction cost estimate (conceptual estimate)
• Final PDR
Subtask 1.5: Hydraulic Modeling
Consultant will provide system hydraulic model for the pipeline. The model will assist the design team on hydraulic conditions that will need to be incorporated into the pipeline design.

Assumptions:
• The information from the hydraulic and surge modeling will be incorporated into the 60% design level.

Deliverables:
• No specific deliverables are included for this subtask.

Subtask 1.6: Traffic Control and Traffic Signal Modification Plans The pipeline alignment includes areas that will require traffic control plans as part of the permit process.

Consultant will prepare four traffic control drawings, five traffic signal modification drawings, and a traffic control specification to meet San Joaquin County requirements. This information will be prepared for the permit application and included in the Final Design packages as described in Task 2.

Assumptions:

Deliverables:
• Agency encroachment permit package.

Subtask 1.7: Prepare Construction Permits Packages
Consultant will coordinate with the permitting agencies and assist the City in preparing the required construction permit applications. After notice to proceed, Consultant will contact the associated jurisdictional agencies and verify the permit requirements. Once a pipeline alignment has been chosen,
Consultant will coordinate with agencies, distribute copies of the working drawings, and prepare exhibits to accompany the permit applications. Comments received from the permitting agencies will be incorporated into the construction documents. Consultant will develop and maintain a construction permit log documenting the delivery and receipt of information from the jurisdictions requiring a construction permit. Comments that change the character of the work (i.e., require a change in construction technique such as trenchless construction where open cut was previously assumed) or that require major design changes to the construction documents will be considered as additional services. The City will be responsible for paying all fees required as a part of the permit applications and for signing the applications as the applicant.

Assumptions:
• Up to 120 hours has been allowed for this subtask for the following permits:

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

Union Pacific Railroad Crossing
Chevron Crossing
PG&E Crossing
County Encroachment Permit
Deliverables:
• Construction permit log
Subtask 1.8: Geotechnical Review
Consultant will review the existing geotechnical report. Based on this review, Consultant will prepare a Geotechnical Interpretive Report (GIR) to provide recommendations and design criteria for use by the design team and to support the design and permitting of the trench less pipeline crossings.

Assumptions:
• Up to 60 hours has been allowed for this subtask.

Deliverables:
• Geotechnical Interpretive Report in PDF format
Task 2: Final Design Engineering
Consultant will follow a process for delivery of the final design and bid documents for the construction of the Project that includes producing design deliverables at various stages of the design (30 percent, 60
percent, 90 percent, and final bid documents). At each design stage, Consultant will provide information for review and provide for resolution of key issues before proceeding to the next stage. The information collected, and the concepts defined in each consecutive stage will form the basis for subsequent work.

Each phase of design will include specific deliverables which are identified in the following subtasks.

Submittal review workshops (Microsoft Teams or conference calls) with the City will be conducted at critical design milestones as identified in the following subtasks. The City will provide one set of electronic comments to Consultant within two weeks of receiving the documents. Consultant will review City's comments and prepare a Comment Log documenting comment, comment resolution, and resolution status.

Similar to previous Phase 1, Consultant will provide technical specifications, drawings and standard details in pdf format. It is assumed that the City will use their standard contract documents such as bidding information and forms, general provisions, special provisions, and City's construction forms to prepare the final bidding documents and will advertise for bids on its website.

The technical specification sections will be based on Consultant master specifications using Construction Specifications Institute (CSI) standards format and customized for the specifics of this project. Specifications will be produced using Consultant standard Microsoft Word software and 8½ inch by 11-inch format. Drawings and technical specifications will be stamped in accordance with California law and signed by licensed engineers of the appropriate disciplines.

The drawings will show the level of detail deemed necessary by Consultant to obtain reasonable bidder response and to limit change orders. Drawings will be produced using Consultant standard Micro Station software and 22-inch by 34-inch (C size) drawing format- provided in 11-inch by 17-inch format (D size) for review.

Consultant will prepare construction cost estimates at the 60 percent and 90 percent submittal stages.

Estimates will be prepared to the level of accuracy based on the information available within normal industry standards. Estimates will be formatted in accordance with the Project design CSI specification

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc. format and listed by facility. Where sufficient detailed information is lacking to obtain reasonably accurate prices of materials a contingency allowance may be applied. Escalation allowances will be used to provide an opinion of the estimated construction costs at the midpoint of construction.

Assumptions:
• Bid documents will be prepared for one construction/bid package. • The preparation of bidding documents for the pre-purchase of equipment and materials is not included in this scope-of services but may be included in future task orders or amendments. • Design services for landscaping or environmental mitigation are not included in this scope of services but may be included in future task orders or amendments. • Only a single vendor will be named for each manufactured component or piece of equipment with provisions for an "equal" to be proposed by the contractor and subject to approval by the engineer.
• The City will acquire all necessary lands, temporary and permanent easements, and rights-of way.
• The City will secure access to private property for all the field assessment required by the project team.
• City will provide surveying, geotechnical borings, soil sampling and potholing of existing utilities since it must comply with the prevailing wage requirements. • The pipeline alignments and sizes as agreed to in the 30% design will not change substantially. • A total of approximately 70 drawings is anticipated to show the work as described at the end of this section.
• The plan and profile drawings will be prepared on aerial photo base sheets provided by the City's survey project and include the horizontal and vertical alignment of the pipeline, locations of major structures along the pipeline, existing utilities (plan view, profile view to indicate as-built depth if available), right-of-way lines, property lines, tax lot identification numbers, and easements (permanent and construction).
• Scale of plan and profile drawings will be 1"=40' horizontal and 1"=4' vertical. • Flow measurement to be conducted at the Lammers Road Pump Station including flows discharged to the DMC since there is no power at DMC.

Subtask 2.1: 30 Percent Design
Consultant will prepare 30 percent design drawings and compile a table of contents of technical specifications for the Project. Following review of the submittal, Consultant will meet with the City and agencies to discuss review comments. The review meeting is assumed to be held remotely by Microsoft Teams or conference call.

Del iv era bles:

Half-size drawings (11-inch by 17-inch), in pdf format
Updated draft version table of contents for specifications Subtask 2.2: QC and Senior Review of 30 Percent Design
Consultant will engage senior staff to provide quality control and senior review of the 30% design.

Consultant quality assurance/quality control (QA/QC) program integrates QA/QC procedures throughout the project life cycle.

Documents and other deliverables prepared by Consultant will be reviewed internally by senior members of Consultant team. Review will include the design and construction methodology, drawings, calculations, project design report, and the overall integrity of the design. Internal reviews will be

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc. documented using quality review forms (QRF) or Bluebeam. Due to the extremely tight schedule, it is assumed that City and QC review will proceed concurrently.

Deliverables: Included in subtask 2.1 deliverable
Subtasks 2.3 and 2.4: 60 Percent Design Drawings and Specifications Consultant will prepare 60 percent design drawings and compile a draft version of technical specifications for the Project. This design will show sufficient details for preparing and submitting permit application to the four agencies identified earlier.

Following review of the submittal, Consultant will meet with the City and agencies to discuss review comments. The review meeting is assumed to be held remotely by Microsoft Teams or conference call.

Deliverables:

Half-size drawings (11-inch by 17-inch), in pdf format
Draft technical specifications
Construction cost estimate
Table of contents of standard details
Subtask 2.5: QC and Senior Review of 60 Percent Design
Consultant will engage its senior staff to provide quality control and senior review of 60% design. Due to the tight schedule, it is assumed that City and QC review will proceed concurrently.

Deliverables: Included in subtask 2.3 and 2.4 deliverables Subtasks 2.6 and 2.7: 90 Percent Design Drawings and Specifications Consultant will prepare 90 percent design documents for the Project. Review comments from the 60 percent design review will be incorporated. The 90 percent submittal will include technical specifications, standard details, and drawings. The final Engineer's estimate of construction cost will be prepared and delivered within four weeks after submission of the drawings and specifications.

Following review of the submittal, Consultant will meet with the City to discuss review comments. The review meeting is assumed to be held remotely by Microsoft Teams or conference call.

Deliverables:
• Half-size drawings, in pdf format
• Pre-final technical specifications
• Final construction cost estimate
• Final standard details
Subtask 2.8: QC and Senior Review of 90 Percent Design
Consultant will engage senior staff to provide quality control and senior review of 90% design. Due to the extremely tight schedule, it is assumed that City and QC review will proceed concurrently.

Deliverables: Included in subtask 2.6 and 2.7 deliverables Subtasks 2.9 and 2.10: Bid Ready Technical Specs and Drawings (Final) This is the final phase of the detailed design. Review comments from the 90 percent design will be reviewed and incorporated for this final phase of the detailed design. Consultant will prepare the final

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc. biddable construction documents including technical specifications, standard details, and drawings. All portions of the biddable contract documents will be final.

Assumptions:
• The City will upload and post the final bidding documents on its website.

Deliverables:

Stamped and signed full-size (22-inch x 34-inch) drawings, in pdf format Technical specifications
Standard details
Task 3: Project Administration and Controls
The purpose of this task is to provide for the initiation and overall management of Project activities. A detailed Project schedule and work plan will be developed and implemented to complete work activities in an integrated and timely manner. In addition, this task includes those elements necessary to effectively manage, lead, and control the Project.

Subtask 3.1 Project Management
Consultant will furnish project management services for the Project, as follows:
•
•
•
•
Project Management Plan -defines critical elements of the project including organization, scope management, project meeting and workshops, schedule, budget, communications, document control, cost controls, quality control requirements, health and safety requirements, invoicing and reporting procedures.

Status Reporting - A monthly narrative progress report will be prepared with each invoice with specific accomplishments during the reporting period and issues encountered or anticipated including monthly budget, progress, and schedule. Monitor work efforts and evaluate actual versus planned progress. Supervise the Project team and identify actions needed to efficiently execute the Project in a timely manner. Changes in scope will be communicated to The City.

Administration-Maintain Project records, manage and process Project communications, and coordinate Project administrative matters.

Communication -Effectively communicate with staff, subconsultants, and the City for expectations and deliverables.
• Coordination-Coordinate tasks/subtasks with staff and subconsultants, including coordination with the City and permitting agencies to complete authorized work on schedule and within budget. • Staff and subconsultant Management-Supervise and control activities of staff and subconsultants assigned to the Project. Coordinate and schedule appropriate staffing to meet Project requirements.

Consultant will manage the health, safety, and environmental activities of its staff. Consultant will prepare a project specific Health and Safety Plan. Consultant will address safety in the office and during site visits, including compliance with COVID safety guidelines. Consultant is not responsible for the health and safety of other project participants.

Deliverables:
• Monthly status reports with monthly invoices

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

Subtask 3.2: Project Meetings
Kickoff Meetings
At project kick-off, Consultant will facilitate a partnering session that provides key project team members, subconsultants, and the City with the opportunity jointly to define shared goals and establish critical milestones for overall project success. The partnering session has four goals for its participants:

9. Understand the work the team is undertaking.

10. Comprehend the team structure, membership, roles, and responsibilities.

11. Know and agree to the basis for determining the team's goals and performance measures.

12. Realize and accept the process for managing the team's organizational relationships and interfaces.

Progress Meetings
Consultant will meet monthly with the City to discuss progress and development of the project. The meetings will be held via teleconference (Microsoft Teams) at a mutually agreeable time. Consultant will prepare and distribute via email an agenda based on project needs and the City's input at least one day prior to the meeting. Consultant will attend the meetings and present a summary of the ongoing
work, issues pending, an action item list, and a decision log that will be updated following each
meeting. The status of open action items will be updated and distributed with the agenda for the following month's meeting.

Workshops
Consultant will meet with the City after each of the three design deliverables at the preliminary design (30%, 60% and 90% design) to discuss the design and receive review comments. Consultant will prepare a comment log for each design deliverable listing the City comments and how they were addressed and provide this in advance of each workshop for discussion. The Comment Log will be updated following the workshops. Consultant will also provide meeting agendas with action item table for the workshops.

Deliverables:

Meeting agendas
Action items and decision log
Comment Logs for each design deliverable
Task 4: Bid Period Services
Consultant will assist the City during the bidding process, which begins at the point the final construction documents are approved by the City and continues until the City opens the bids.

Anticipated activities are as follows:

E. Consultant will respond to bidders' technical questions and requests for additional information, when requested by the City.

F. Consultant will furnish technical interpretation of the Bid Documents and will prepare responses to questions for inclusion in addenda prepared and distributed by the City. Consultant will not answer questions directly received from bidders; Consultant will refer these questions to the City per the Instructions to bidders.

G. Consultant will conduct a pre-bid conference and site walk that will be scheduled by the City.

Consultant will develop the agenda and content of the pre-bid conference and site walk with input from the City. Consultant will record all questions and requests for additional information,
and coordinate with the City for issuing responses and additional information.

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

H. Assist the City with review and evaluation of all bids received. The City will make the final decision on the award of the contract for construction and the acceptance or rejection of all bids.

I. Consultant will provide a conformed set of drawings and specifications based on any changes identified during the bidding process.

Assumptions:
• Assume up to two (2) addenda.

Deliverables:

Technical responses to questions provided by the City
Pre-bid conference and site walk agenda and minutes
Conformed set of drawings and specifications in pdf format Task 5: Engineering Services During Construction
Consultant will provide engineering services during construction (SOC) in support of City during the construction of the Project. As described below, office SOC will generally include providing the engineering support required to administer the construction contract between City and the Contractor.

Subtask 5.1: Pre-Construction Meetings
Consultant will participate in a pre-construction conference with City and Contractor to review the Project communication, coordination, and other procedures; discuss the Contractor's work plan and requirements of the Contract Documents. It is assumed that the Construction Manager retained by the City will lead the pre-construction conference and prepare the agenda, materials, and meeting minutes.

Consultant's project engineer will periodically participate in bi-weekly construction progress meetings by conference call (assume 1 hour each and 1 hour to prepare), as requested by City, to provide technical input and support related to construction activities.

Assumptions:
• The budgetary amount established for progress meetings assumes Consultant' project engineer will be required to participate in up to 36 construction progress meetings.

Deliverables:
• Meeting minutes
Subtask 5.2: Review and Respond to Submittals
Submittal Schedule: Consultant will review Contractor's construction submittal schedule, which should identify all shop drawings, samples, and submittals required by the Contract Documents, along with anticipated dates for submission. Upon receipt, Consultant will provide timely reviews of submittals to assist with maintaining the approved schedule, when feasible.

Coordination and Tracking: Coordination services for construction shop drawings, samples, and submittals, including preparation of a tracking system, which cross-references submittal status to the Contract Document requirements, will be performed by the Contractor. Consultant will establish a separate internal system and set of procedures for managing, tracking status, and storing all submittals transmitted by Contractor.

Review: As requested by the City, Consultant will review technical submittals transmitted by the Contractor as part of the Contract Documents requirements. Consultant's review will be for

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc. conformance with the design concept and compliance with the requirements of the Contract Documents. Such review will not relieve the Contractor from its responsibility for performance in accordance with the Contract Documents, nor is such review a guarantee that the Contractor performed work covered by the shop drawings, samples, or submittals is free of errors, inconsistencies, or omissions.

Assumptions:
• The budgetary amount established for submittal review assumes the processing of approximately 60 submittals (total includes re-submittals), each requiring an average of about 6 hours of review and processing time.

Deliverables:
• Submittal responses
Subtask 5.3: Review and Respond to Request for Information (RFls) Construction Contract Request for Information: Consultant will review and provide responses for Contractor's requests for information (RFls) or clarification of technical requirements of the Contract Documents. Consultant will log and track RF ls received from the Contractor.

Assumptions:
• The budgetary amount established for RFI review assumes the processing of approximately 40 RFls by Consultant office staff, each requiring an average of 4 hours of review and processing time.

Deliverables:
• RFI responses
Subtask 5.4: Issue Design Clarification Memos and assist City with change Orders When necessary, Consultant will provide design clarifications memos (DCM) and/or revised drawings to clarify the design intent. In term of change orders, Consultant will review and evaluate Contractor requested changes to the contract documents. Consultant will make recommendations to the City regarding the acceptability of the Contractor's request. It is assumed All change orders will be negotiated and managed by the City's Construction Manager.

Assumptions:
• The budgetary amount established for evaluating these requests assumes up to 6 DCM will be issued and assist with up to 8 change order requests.

Deliverables:
• Design clarification memos
Subtask 5.5: Field Visits
When necessary, Consultant staff will visit the project site to assist the City to review contractor's work and answer any questions by the city or contractor. In addition, site visits will be necessary to resolve either utility conflict or unknown conditions.

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

Assumptions:
• No more than six site visits will be necessary during the duration of the contract.

Subtask 5.6: Record Drawings
Consultant will revise the Conformed Drawings to reflect available as-built record drawing information provided by the Contractor. The City will provide Consultant with a single pdf or Bluebeam marked-up set of drawings showing all record information. Such marked-up drawings will be prepared using a color-coded inserUdelete/explanation code to facilitate Consultant revisions. Consultant will only make the revisions shown on the markup. Contractor and City will be responsible for reviewing the information for accuracy and completeness prior to delivering to Consultant. Consultant will not be responsible for any errors or omissions in the information provided and incorporated into the record drawings.

Consultant will prepare and submit one electronic PDF of the Record Drawings to the City within 1 month after receipt of markups.

Assumptions:
• The City will provide Consultant with a single pdf or Bluebeam marked-up set of drawings showing all record information.
• Marked-up drawings will be prepared using a color-coded inserUdelete/explanation code to facilitate Consultant revisions.

Deliverables:
• One set of Record Drawings in pdf format
Subtask 5.7 - Project Administration and Controls (Services During Construction) Consultant will provide project management services for this scope of work as follows.

Progress Meetings and Team Management: Consultant will update the CITY's project manager monthly throughout the duration of the project. Consultant will provide the following throughout the duration of the project:
• Records Management: This will comprise of maintaining of Project records, managing, and processing Project communications, coordinating Project administrative matters, and subcontractor information.
• Coordination: This will comprise Conducting monthly internal coordination meetings to complete authorized work on schedule and within budget. • Staff Management: This will comprise of Supervising and controlling activities of staff assigned to the Project. This will also include coordinating and scheduling appropriate staffing to meet Project requirements.
• Meeting Preparation: This will comprise of deciding for and coordinating periodic site visits and meetings with the City staff and Management.

Assumptions:
• City will coordinate internal review and provide one set of comments in electronic format for review decisions made during the meetings.

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

Deliverables:

Monthly SOC progress report
Monthly invoices
Task 6: Additional Services Not Included
The services described below are not included in this Scope of Engineering Services but can be performed if requested and approved by the City and Consultant. Time, scope, and fee have not been budgeted for the tasks listed hereunder. Authorization to proceed will be in the form of an amendment to this Scope of Engineering Services specifying the work to be performed and the additional payment for such services rendered.
• Design services for environmental mitigation
• Design services for landscaping
• Construction permitting support (SWPPP, preconstruction surveys, etc.) • Environmental mitigation support (including construction monitoring as determined necessary) • Environmental permitting support
• Support or participation in Value Engineering Studies or analysis for the Project • Procurement of materials or equipment
• More than one construction contract
• Operations assistance and performance monitoring services • Survey and mapping
• Printing of deliverables beyond the quantity listed
• Preparation of additive, deductive, or alternate design and construction scope • Potholing utilities
• Operations and Maintenance Manuals
• Additional workshops not listed above
• Construction management services
• Materials testing or special inspection
services
• Litigation or construction claims support
• Additional items noted to be excluded within the Scope of Engineering Services SCHEDULE:

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

EXHIBIT B - Compensation
Billing Rates for Years 2023 to 2025 (from Jan 1 to Dec 31st of each Year) 2023 2024 2025
Classification
Entry level or Intern $75 $78 $81
Global Design Center staff $90 $93 $96
EnQineerinQ/Environmental Tech 1 $94 $98 $101
Enqineerinq/Environmental Tech 2 $107 $111 $115
Office/Clerical/Accounting $110 $114 $118
Staff EnQineer 1 * $143 $148 $153
Enqineerinq/Environmental Tech 3 $143 $148 $153
Staff EnQineer 2* $165 $171 $177
EnQineerinQ/Environmental Tech 4 $165 $171 $177
Associate Enqineer* $186 $192 $198
EnQineerinQ/Environmental Tech 5 $193 $200 $206
Project Engineer*/As sociate $228 $236 $244 Project Manager Engineer Specialist*/Project $258 $266 $274 Manaqer
Sr. Technologist*/Sr. Project Manager $282 $291 $300
Principal Technologist*/Principal $315 $325 $335 Project ManaQer Notes: This fee estimate assumes all work is completed by December 2025. Any work completed after the above date shall be subject to the new billing rates not exceeding 5%. The above billing rates apply for consultant staff located in any office. Costs for individual tasks may be than the total for each task. However, the total fee shall not exceed the fee authorized by the City without City's written directive.

Page 20 ends

Task Description
Principal In Charge
Sr. Project Manager
Corrosion Specialist
Permitting Specialist
Senior Reviewer - Pipelines
Senior Reviewer - Tunneling
Senior Reviewer -
Hydraulics/Surge
Senior Reviewer -Corrosion
Senior Reviewer - Structural
Senior Reviewer - Site
Civil/Traffic Control
Geotechnical/Tunneling
Cost Estimator
Pipeline Design - Recycled
Water
CAD Technician 3
Global Design Center Staff
Office Support
Total Hours
CH2M HILL
Labor
Expenses (includes 10%
markup)
Subcontractor (includes 10%
Markup)
Total Fee ($)
(2023) Labor Rates $315 $282 $258 $282 $315 $282 $282 $282 $228 $258 $228 $193 $193 $143 $90 $110

1.1 Pipeline Alignment
Verification 8 8 60 96 16 16 204 40,768 $ 2,040 $ - $ 42,808$

1.2 Field Visits and Visual
Observations 24 16 24 24 24 112 26,856$ 1,350 $ - $ 28,206$

1.3 Draft Preliminary Design 12 24 16 8 8 6 6 4 6 8 32 160 200 16 506 94,572$ 4,730$ -$ 99,302$

1.4 Final Preliminary Design 24 40 32 4 4 4 4 4 4 8 16 40 120 140 24 468 93,032$ 4,660$ -$ 97,692$

1.5 Hydraulic Modeling 16 8 40 64 14,488$ 730$ -$ 15,218$

1.6 Traffic Signal Loops 24 16 80 120 26,336$ 1,320$ 55,000$ 82,656$

1.7 Prepare Construction
Permit Packages 24 40 120 140 324 73,220 $ 3,670 $ - $ 76,890$

1.8 Geotechnical Review 80 80 18,240$ 920 $ - $ 19,160$ Subtotal Task 1 60 176 48 36 12 10 18 8 34 24 308 72 660 356 56 1878 387,512$ 19,420$ 55,000$ 461,932$

2.1 Engineering Design and 40 48 32 40 300 300 199 40 999 166,622$ 8,340$ -$ 174,962$

2.2 Quality Control and Senior 16 16 16 16 16 8 88 22,720$ 1,140$ -$ 23,860$

2.3 Engineering Design and 30 32 24 12 120 200 240 300 40 998 154,882$ 7,750$ -$ 162,632$

2.4 Project Specifications and
Standard Details (60%
Completion) 24 32 12 80 12 120 80 100 40 500 92,976 $ 4,650 $ - $ 97,626$

2.5 Quality Control and Senior
Review 60% Design
24 24 24 24 24 8 128 33,640$ 1,690 $ - $ 35,330$

2.6 Engineering Design and 24 16 8 12 80 160 120 100 60 580 95,952$ 4,800$ -$ 100,752$

2.7 Project Specifications and
Standard Details (90%
Completion) 16 16 8 8 80 80 120 32 360 54,640 $ 2,740 $ - $ 57,380$

2.8 Quality Control and Senior
Review 90% Design
20 20 20 20 20 8 108 28,180$ 1,410 $ - $ 29,590$

2.9 Engineering Design and 16 32 12 8 66 133 120 160 24 571 91,591$ 4,580$ -$ 96,171$

2.10 Project Specifications and
Standard Details (Final 30 40 16 8 80 80 120 40 414 68,762 $ 3,440 $ - $ 72,202$ Subtotal Task 2 180 216 112 80 60 60 - 60 60 60 100 266 1,073 1,020 1,099 300 4,746 809,965$ 40,540$ -$ 850,505$

3.1 Project and Staff 32 100 96 228 48,840$ 2,450$ -$ 51,290$

3.2 Review Meetings and
Workshops 80 80 18 178 49,740 $ 2,490 $ - $ 52,230$ Subtotal Task 3 112 180 - - - - - - - - - - - 114 406 98,580$ 4,940$ -$ 103,520$

4.1 Pre-Bid Conference 16 16 8 16 8 64 15,344$ 770$ -$ 16,114$

4.2 Prepare Addenda 8 20 24 18 16 86 17,126$ 860$ -$ 17,986$

4.3 Bid Opening and 8 16 8 8 40 9,456$ 477$ -$ 9,933$ Subtotal Task 4 32 52 - - - - - - - - 8 - 48 18 32 190 41,926$ 2,117$ -$ 44,043$ TOTAL 384 624 160 116 72 70 18 68 94 84 416 338 1,781 1,394 1,099 502 7,220 1,337,983 $ 67,017 $ 55,000 $ 1,460,000$ EXHIBIT B (TWO Pages)
Task 4 Bid Phase Services
Task 3 Project Administration
Task 1 Preliminary Design
Task 2 Final Design

FEE ESTIMATE FOR DESIGN SERVICES FOR CITY OF TRACY RECYCLED WATER SYSTEM EXPANSION PROJECT--RECYCLED WATER PIPELINES Pge 21 of 22
Task Description
Principal In Charge
Sr. Project Manager
Corrosion Specialist
Permitting Specialist
Geotechnical/Tunneling
Pipeline Design - Recycled
Water
CAD Technician 3
Global Design Center Staff
Office Support
Total Hours
CH2M HILL
Labor
Expenses (includes 10%
markup)
Subcontractor (includes 10%
Markup)
Total Fee ($)
2024 Billing Rates $325 $291 $266 $236 $236 $200 $148 $93 $114 2025 Billing Rates $335 $300 $274 $244 $244 $206 $153 $96 $118

5.1 Pre-construction Meeting (Year
2024) 8 14 12 4 38 9,530 $ 480 $ - $ 10,010$

5.2 Review & Respond to Submittals
(Year 2024) 16 24 24 16 16 80 16 192 45,312$ 2,270 $ 5,000 $ 52,582$ Review & Respond to Submittals
(Year 2025) 12 24 12 8 8 60 16 140 32,660$ 1,640 $ 4,000 $ 38,300$

5.2 Review & Respond to RFI's (Year
2024) 16 24 24 16 16 80 16 192 45,312$ 2,270 $ 3,000 $ 50,582$ Review & Respond to RFI's (Year
2025) 12 24 12 8 8 60 16 140 32,660$ 1,640 $ 2,000 $ 36,300$

5.4 Issue Design Clarifications and
Change Orders (Year 2024) 8 16 8 12 40 40 32 16 172 30,936 $ 1,550 $ 2,000 $ 34,486$ Issue Design Clarifications and
Change Orders (Year 2025) 8 16 8 12 32 33 32 16 157 29,201 $ 1,470 $ 1,000 $ 31,671$

5.5 Field Site Visits (Year 2024) 16 24 40 8 88 21,096$ 1,060 $ 2,000 $ 24,156$ Field Site Visits (Year 2025) 16 24 40 8 88 21,744$ 1,090 $ 1,000 $ 23,834$

5.6 Record Drawings (2025) 8 16 60 80 120 16 300 45,488 $ 2,280 $ - $ 47,768$

5.7 Project Management (2024) 24 48 16 88 23,592$ 1,180 $ 24,772$ Project Management (2025) 24 48 16 88 24,328$ 1,211 $ 25,539$ Subtotal 168 302 88 48 72 504 153 184 164 1,683 361,859$ 18,141 $ 20,000 $ 400,000$ Task 5 Services During Construction

FEE ESTIMATE FOR SDC SERVICES FOR CITY OF TRACY RECYCLED WATER SYSTEM EXPANSION PROJECT--RECYCLED

WATER PIPELINES

Page 22 of 22 ends

APPROVED AS TO FORM AND LEGALITY
________________________
CITY
ATTORNEY’S OFFICE

TRACY CIT

Y COUNCIL
RES
OLUTION NO. _______________
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH CH2M HILL ENGINEERS, INC. FOR DESIGN SERVICES AT THE LAMMERS ROAD PUMP

STATION FOR THE RECYCLED WATER SYSTEM EXPANSION PROJECT (CIP 74168) FOR A TERM OF FIVE (5) MONTHS AND A NOT TO EXCEED AMOUNT OF $1,240,000
WHERE
AS, in 2020, the City of Tracy completed a Recycled Water Project, funded by the State of California Proposition 84 Grant and City funds, which involved the construction of a recycled water pipeline and pump station as part of the City’s Recycled Water Master Plan to replace landscape irrigation within the streets right-of-way, parks, schools and greenbelts from potable water to recycled water; and

WHEREAS
, the California Department of Water Resources (DWR) has awarded an Urban and Multibenefit Drought Relief Grant to the City in the amount of $20 million for a Recycled Water System Expansion Project; and
WHERE
AS, p roposed improvements under the project include the construction and extension of the recycled water transmission pipeline within the streets right-of-way and the construction of a new booster pump station
; and
WHERE
AS, the project will also increase surface water availability to the City and farmers in both the Tracy Subbasin and southern San Joaquin Valley via the CVP canal; and WHERE
AS, the design of the project is required to be completed no later than July 1, 2023, per the grant agreement between DWR and the City; and WHERE
AS, on November 14, 2022, a Request for Proposal was posted on the City website; and
WHERE
AS, one proposal was received on December 12, 2022, from CH2M HILL Engineers, Inc. for the project and after careful review, the City has determined that CH2M HILL Engineers, Inc . demonstrates a high degree of relevant experience and past performance in completing projects of similar type, size, and complexity in a satisfactory manner; and now therefore be it
RESO
LVED: that the City Council hereby approves a Professional Services Agreement with CH2M HILL Engineers, Inc. for design services at the Lammers Road Pump Station for the Recycled Water System Expansion Project (CIP 74168) for a term of five (5) months and a not to exceed amount of $1,240,000.
* * * * *
* * * * * * * * *
Resolution 2023-

Page 2 ends

The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on February 7, 2023, by the following vote:

AYES: CO
UNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY
D. YOUNG
Mayor of the City of Tracy, California
ATTEST
:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California

APPROVED AS TO FORM AND LEGALITY
________________________
CITY
ATTORNEY’S OFFICE

TRACY CIT

Y COUNCIL
RES
OLUTION NO. _______________
APPR
OVING A PROFESSIONAL SERVICES AGREEMENT WITH CH2M HILL
ENGINEERS, INC. FOR PIPELINES DESIGN SERVICES FOR THE RECYCLED WATER SYSTEM EXPANSION PROJECT (CIP 74168) FOR A TERM OF FIVE (5) MONTHS AND A NOT TO EXCEED AMOUNT OF $1,860,000
WHERE
AS, in 2020, the City of Tracy completed a Recycled Water Project, funded by the State of California Proposition 84 Grant and City funds, which involved the construction of a recycled water pipeline and pump station as part of the City’s Recycled Water Master Plan to replace landscape irrigation within the streets right-of-way, parks, schools and greenbelts from potable water to recycled water; and

WHEREAS
, the California Department of Water Resources (DWR) has awarded an Urban and Multibenefit Drought Relief Grant to the City in the amount of $20 million for a Recycled Water System Expansion Project; and
WHERE
AS, p roposed improvements under the project include the construction and extension of the recycled water transmission pipeline within the streets right-of-way and the construction of a new booster pump station; and
WHERE
AS, the project will also increase surface water availability to the City and farmers in both the Tracy Subbasin and southern San Joaquin Valley via the CVP canal; and WHERE
AS, the design of the project is required to be completed no later than July 1, 2023, per the grant agreement between DWR and the City; and WHERE
AS, on November 14, 2022, a Request for Proposal was posted on the City website; and
WHERE
AS, one proposal was received on December 12, 2022, from CH2M HILL Engineers, Inc. for the project, and after careful review, the City has determined that CH2M HILL Engineers, Inc . demonstrates a high degree of relevant experience and past performance in completing projects of similar type, size, and complexity in a satisfactory manner; and now therefore be it
RESO
LVED: that the City Council hereby approves a Professional Services Agreement with CH2M HILL Engineers, Inc. for pipelines design services for the Recycled Water System Expansion Project (CIP 74168) for a term of five (5) months and a not to exceed amount of $1,860,000.
* * * * *
* * * * * * * * *
Resolution 2023-

Page 2 ends

The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on February 7, 2023, by the following vote:

AYES: CO
UNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY
D. YOUNG
Mayor of the City of Tracy, California
ATTEST
:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
February 7, 2023
Agenda Item 3.A

RECOMMENDATION
Staff recommends that the City Council receive the annual informational report regarding the City of Tracy’s Senior Services Program for 2022.

EXECUTIVE SUMMARY
This report discusses the activities of the Senior Services Program during the previous year, including program highlights and increases in attendance. The report includes an update on the senior needs and concerns based on the finding from the annual senior forum and summarizes the efforts of the Parks and Community Services Commission, which has an active role within the senior community.

BACKGROUND AND LEGISLATIVE HISTORY
The City of Tracy Parks and Recreation Department provides a wide variety of programs, services and activities for seniors including educational programs, health and wellness presentations, recreational programs, special events, senior related seminars, and volunteer and intergenerational opportunities. At the center of these programs is the Lolly Hansen Senior Center. Dedicated in 1986, the facility serves as a resource hub to connect seniors and their families to services and referrals in coordination with various local agencies. Most importantly, it is a place for older adults in the Tracy community to gather and socialize.

Parks & Community Services Commission
The Parks and Community Services Commission (The Commission) acts as an advisory body to the Council in the areas of parks and programming for youth, adults and seniors.

The Commission has made it a priority to actively engage seniors in the Tracy community. Staff from the Recreation Division provides a monthly recreation report as well as a quarterly update on senior comments and concerns to the Commission. Staff also meets with the various subcommittees that have been established to meet the Commission’s goals for FY’s 2022/2023.

Informally, the Commission has also attended senior center activities and events, Downtown Block Parties, Farmers Markets, and various other community events that provide the Commissioners the opportunity to interact with the community and engage with seniors. The Community Involvement subcommittee is available upon request to provide presentations to various community groups in Tracy where they provide information regarding the various senior services and the role of the Commission, including how to connect to City services, the Local Senior Resource Guide, the Senior Link-Tracy program, the Recreation Activity Guide, and the Arts Education Catalog.

Lastly, a Commissioner, along with City staff, regularly attend the Tracy Senior Association (TSA) and Tracy Golden Agers monthly meeting, where they listen to Agenda Item 3.A
February 7, 2023

Page 2 ends

seniors’ needs and concerns and provide information to the group. The Commission’s Community Involvement subcommittee will continue to increase the Commission’s visibility in the senior community by attending community events and senior center events and will continue to outreach to the various neighborhood groups and service clubs.

ANALYSIS
Currently, 6,725 seniors are registered with the senior center, a 13.2% increase from last year. In 2022, there were approximately 56,930 visits by seniors who utilized the 90 individual program offerings for the year. Over the past year, staff has added the following new activities: three new Health and Wellness classes, four recreational classes, four programs and two social events at the request of participants and community member suggestions. “Exhibit A” to this report outlines the senior center’s improved program impact numbers through increased offerings for 2022. The senior center continues to partner with Tracy Golden Agers, a local nonprofit group that was established to create activities to unite seniors to support and encourage each other to stay active and involved. Through this partnership the senior center and Golden Agers will continue to co-host two senior presentations, a new senior event, and Golden Agers will offer two casino trips a year. Based on feedback from the various community forums and senior comment cards, staff in Fiscal Year 2023-2024, will be looking to increase programming and expand operating hours at the senior center through new partnerships, activities, and events.

On November 18, 2014, Council supported staff’s recommendation to create “Senior Link-Tracy” to address an alternative way to outreach to seniors regarding their needs and concerns. For the past 8 years, the Senior Link-Tracy program has provided an opportunity for senior citizens in Tracy to voice their concerns, share their needs, and identify resources that will assist them in living full, vibrant, and independent lives. This service is provided by phone, email, or in person at the senior center. Approximately 263 seniors used this service in 2022. Council also supported the Local Senior Resource Guide, which assists seniors and caregivers in connecting with a wide variety of local resources and non-profit agencies, as well as to City Council and Commissions. The guides can be found at the senior center, City facilities, City website and throughout the community. With this service approximately 322 in 2022 inquiries were made to connect people to various resources.

Recreation staff and the Parks and Community Services Commission will continue to outreach to the senior community and provide an opportunity for seniors to address their needs and concerns by:
• Reporting to the Commission on a quarterly basis on current and future needs for seniors in the Tracy community.
• Using the senior center as a resource hub to inform the senior community on how to connect with City services and other senior-related agencies. • Marketing the Senior Link-Tracy program and Local Senior Services and Resources guide.

Agenda Item 3.A
February 7, 2023

Page 3 ends

• Hosting the annual Community Conversations event in May 2023, and a special meeting in November 2023, at the senior center to gather the needs and concerns from seniors to report back to City Council in February 2024. • Attending the Tracy Senior Association and Tracy Golden Agers meetings.

FISCAL IMPACT
Costs related to supporting senior services are included in the Parks and Recreation budget.

PUBLIC OUTREACH/INTEREST
On May 18, 2022, the yearly “Community Conversation” forum was held with two sessions throughout the day at the Lolly Hansen Senior Center. There were approximately 13 seniors and community members in attendance at both sessions. On November 9, 2022, the Commission held a special meeting at the Lolly Hansen Senior Center to provide seniors the opportunity to address the Commission regarding their needs and concerns. The meeting was held in the early afternoon and approximately 32 seniors were in attendance. “Exhibit B” to this report outlines the senior concerns expressed at both gatherings, with staff responses.

Marketing efforts for these outreach meetings and senior center activities and events include advertisement on the City website, social media, at the senior center, outreach to the various senior living facilities and apartments, community service clubs, local churches, local newspaper, in all City facilities, TRACER buses, Channel 26, and local business throughout the City of Tracy.

STRATEGIC PLAN
This agenda item supports the Quality-of-Life Strategy, specifically:

Goal 3: Provide City programming and events that bolster quality of Life.

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council receive the annual informational report regarding the City of Tracy’s Senior Services Program for 2022.

Agenda Item 3.A
February 7, 2023

Page 4 ends

Prepared by: Amanda Jensen, Recreation Coordinator
Reviewed by:

Jolene Jauregui, Recreation Services Manager
Brian M
acDonald, Director
of Parks & Recreation
Sara Cowell, Finance Director
Karin Schnaider, Assistant City Manager
Approved by: Michael Rogers, City Manager

ATTACHMENTS
Exhibit A - Summary of the Senior Center program impact numbers and offerings Exhibit B - Status of senior needs and concerns from two senior forums Exhibit C - Powerpoint
Exhibit A
* Higher number of meals served in 2021 due to COVID meal delivery program.

LOLLY HANSEN SENIOR CENTER - PROGRAM IMPACT

LIFE ENRICHMENT & WELLNESS PROGRAMS
PURPOSE: To promote health and wellness by providing access to activities, programs, and services. 2021 STATISTICS & SIGNIFICANT INFORMATION:
• Yearly attendance = 20,607
• Average daily attendance = 86
• Average weekly attendance = 429
• Average monthly attendance = 1,717
• 61 Individual educational opportunities,
activities, recreational programs, and services
were offered.
• New events = 0
• New programs = 2
• New classes = 3
• Information & Assistance appointments =
3,627
• Average number of meals served:
 88/day
 440/week
 1,760/month
 21,131/year*
• Number of meals delivered = 4,800
• AARP Tax Assistance appointments = N/A

VOLUNTEER SUPPORT
2021 Hours of Volunteer Support:

The number of unduplicated volunteers that
reported volunteer hours = 33
Total of reported volunteer hours = 3,340
2022 Hours of Volunteer Support:

The number of unduplicated volunteers that
reported volunteer hours = 37
Total of reported volunteer hours = 5,505.75
We continue to work at increasing the number of
volunteers who record their hours in our database.

We appreciate all volunteer service, whether
formally recorded or not.
2022 STATISTICS & SIGNIFICANT INFORMATION:
• Yearly attendance = 56,930
• Average daily attendance = 237
• Average weekly attendance = 1,186
• Average monthly attendance = 4,744
• 90 Individual educational opportunities,
activities, recreational programs, and
services were offered.
• New events = 2
• New programs = 4
• New classes = 4
• Information & Assistance appointments =
3,843
• Average number of meals served:
 21/day
 105/week
 420/month
 5,045/year
• Number of meals delivered = 4,800
• AARP Tax Assistance appointments = 92
SERVICE RELATED OFFERINGS:
• AARP Driver Safety Classes
• AARP Driver Refresher Course
• AARP Tax Assistance
• Brown Bag
• Daily Nutrition Lunch
• HICAP (Health Insurance Counseling &
Advocacy Program)
• Meals on Wheels
• Mobile Farmer’s Market
• Paralegal
• Senior Link – Tracy Program
• University of Pacific Health Fair for Seniors
& Medicare Beneficiaries
Exhibit A
Arts & Music Health & Wellness Recreation Services/Workshops Events 2021 2172 5267 3513 3151 1250
2022 4689 9314 7633 3319 2140
0 1000
2000
3000
4000
5000
6000
7000
8000
9000
10000Attendance
Programs
Lolly Hansen Senior Center
Attendance for Programs
2021
2022
38 237
87 44
20 107
246
220
89 24
0 50
100
150
200
250
300
Arts & Music Health & Wellness Recreation Services/Workshops Events Number of Activities
Program
Programs and Activities Offered at the
Lolly Hansen Senior Center
2021
2022
Exhibit A
* Higher number of meals served in 2021 due to COVID meal delivery program. + Fully reopened June 15, 2021 at the Tracy Community Center ~ August 2, 2021 started offering in person hot meals again - Moved back to Senior Center September 13, 2021
Jan. Feb. March April May June + July Aug. ~ Sept. - Oct. Nov. Dec. 2021 981 1003 964 1117 1041 1974 2129 1961 1904 2218 3074 2241 2022 4113 4152 4691 4556 4671 4334 4152 5457 4491 5531 6045 4737 500
1500
2500
3500
4500
5500
6500
Repeat Attendance
Month
Lolly Hansen Senior Center
Monthly Total - Repeat Senior Attendance
2021
2022
Seni
or Community Conversation Meeting 2022
Current Senior Citizen Needs and Concerns
May 18, 2022
Attendance: 8 - Morning Session
5 - Evening Session
Department: Parks & Recreation – Senior Division
Senior Concern Staff Response/Action Taken By When
Market flyers to more locations.

Improve marketing to those who can’t
make it to the classes.

Senior Center staff is continually expanding the list of locations to market all programs.

The Senior Center’s current marketing efforts include: Flyers, City website, Facebook (City, Parks & Recreation and Senior page), Instagram, press releases, Tracy Press Datebook, email distribution blasts, Recreation Activity Guide (3x year), Channel 26, announcements (daily), Farmer’s Market and three announcement boards at the Senior Center.

The Senior Center target’s locations which seniors frequently visit. The current distribution includes locations such as; Pharmacies, restaurants, doctor’s offices, churches, City facilities, senior living facilities and apartment complexes. Staff will continue to research more locations. • Ongoing
New chairs are too low and hard for
seniors.

Staff announced that they were in the process of replacing all of the tables and chairs. New tables arrived in November, however the chairs are on back ordered.
• Purchased
July 2022
Organizations Present:

Morning Session
• Tracy Senior Citizens Club, Inc.
• Tracy Senior Association
• SJ County Commission
Evening Session
• Tracy Golden Agers
Staff Present:
• Brian MacDonald, Director of Parks & Rec.
• Jolene Jauregui, Rec. Services Manager
• Amanda Jensen, Rec. Program Coordinator
• Suzette Lovell, Rec. Leader III
• Jayne Pramod, Transit Coordinator
• Kenneth Lipich, Associate Planner
• Connie Lopes, Management Analyst II
• Code Enforcement Staff
Exhibit B
Department: Transportation Division
Senior Concern Staff Response/Action Taken By When
More transportation options outside of
town, work with the County.

Staff from the Transportation Division shared information with the participant and those in attendance on the ACCESS San Joaquin program which was created to provide services for those unable to use traditional transit services. Other county services include; Americans with Disabilities Act (ADA) Assessment, Access Pass, My Ride Program, Travel Training, and Discount Fare Card. Locally resources are available through the Senior Link-Tracy Program and by contacting the Transportation Division or by contacting San Joaquin Regional Transit District.
• Completed
May 2022
Department: Code Enforcement
Senior Concern Staff Response/Action Taken By When
Dog waste on sidewalks Staff from the Code Enforcement Division was present and addressed the participants options to address this concern. Staff also shared how to utilize the GO Request app and provided phone numbers to contact report these types of issues.
• Completed
May 18, 2022
Department: Development Services
Senior Concern Staff Response/Action Taken By When
More affordable housing. Do a better
job of defining what affordable is.

Staff from Development Services was present and recorded the suggestions. Staff notes all suggestions and will work with their consultants and San Joaquin County Housing Authority to incorporate senior/affordable housing as part of their yearly strategic plan updates.

As of January 2023, two projects for senior/affordable housing are in the works.
• Completed
May 18, 2022
Tracy needs to look at more senior
care facilities.

As of January 2023, two projects for senior/affordable housing are in the works.
• Completed
May 18, 2022
General Comment

Senior Concern Staff Response/Action Taken By When
Important for people to volunteer with:
• Tracy Senior Association
• Tracy Golden Agers
Staff shared volunteer opportunities for the Tracy Senior Association & Golden Agers that are located in the Senior Center Resource Center. • Completed
May 18, 2022

PARKS & COMMUNITY SERVICES COMMISSION
SPECIAL MEETING NOVEMBER 9, 2022 @ 2pm
Attendance: 32

Department: Parks & Recreation – Senior Division
Senior Concern/Comments Staff Response/Action Taken By When New Class/Program
Recommendations:
• Crocheting Class
• More one day field trips
• More senior swim classes
In Fiscal Year 2023-2024, staff will be looking to increase programming and expand operating hours at the senior center through new partnerships, activities, and events.

The Senior Center currently takes (4x) trips a year. (April, June, August, & November)
Staff spoke with the participant requesting a crocheting class and they are working together to offer this class by January 2023.

Staff shared the request for additional senior swim classes with the Aquatics Coordinator. Senior Center staff will continue to work with the Aquatics Division to offer new programming for Summer 2023.
• Ongoing
• Crochet Class
Began in December
2022
• Compl
eted
November 30, 2022
Pickleball
• Need actual courts
• Current location not appealing
(Hoyt Park)
• Add Pickleball lines to existing
tennis courts
This comment was also made previously at the November 2021 Parks & Community Services Special Meeting at which time staff had implemented a pilot pickleball program at Hoyt Park.

Staff is working with Park Maintenance to have a few tennis courts repainted by adding pickleball lines at Hoyt Park as well as potentially Kenner Park.

Additionally, four pickleball courts will be added to the next phase of the Gretchen Tally Park expansion and two additional courts are currently under construction at Western Park in Ellis.
• Ongoing
Organizations Present:
• Tracy Community Connections Center
• Tracy Golden Agers
• SJ County Commission on Aging
What
’s Working:
• Senior Center is full of activities
• Awesome compared to other cities
• Beautifully expanded building
• Great fitness program
Parking at the Senior Center
• Not enough parking for
participants
• Public Works using Senior
Center parking lot
• Staff should park in the back
• Handicap parking too far from
front door
• Remove grass area in plaza
for additional parking
The participant was discussing issues with renters of the Tracy Community Center using the Senior Center parking lot and when classes at the Senior Center are busier. Staff will continue to monitor the parking lots for non- participants, in addition to posted signs, and drivers who park incorrectly, causing loss of parking in the stalls next to the vehicle. Staff parks in other parking lots or at the very back of the parking lot, leaving front row parking for participants.

Staff also shared the information with Development Services to see if and how any additional parking can be added.

The Senior Center parking lot is up to code and has the required amount of handicap spaces. The handicap spaces are located nearest to the ramp for quicker access to the sidewalk, Senior Center, and Tracy Community Center. Staff will work with Public Works to see if an additional handicap spot can be added on the left side of the parking lot.

Director of Parks & Recreation, Brian MacDonald, was present and let the participant know that he will work with the Parks Maintenance staff who are maintaining the Civic Center Plaza, to park in another area. • Ongoing
• Completed
November 30, 2022
• Ongoing
• Completed
November 9, 2022
City of Tracy scholarship program
• Not available to non-residents
Director of Parks & Recreation, Brian MacDonald, was present and let the participant know that staff can work with the Tracy Friends for Parks, Recreation, and Community Services Foundation to offer a scholarship for non-residents.
• Ongoing
Tracy Golden Agers
• Would like to take more trips
but don’t have enough money
• Potential grant or subsidized
transportation opportunities
The Senior Center currently takes (4x) trips a year in which Tracy Golden Agers members are welcome to attend. Parks and Community Services Commissioner, Linda Jimenez, also mentioned that the Tracy Friends for Parks, Recreation, and Community Services Foundation would be a great option for potential funding for a trip. As of January 2023, Tracy Golden Agers has requested funding from the Tracy Friends for Parks, Recreation, and Community Services Foundation and is currently in review. • Ongoing
Department: Parks & Recreation – Parks Maintenance
Senior Concern/Comments Staff Response/Action Taken By When Lighting at parks
• Turn the lights on early for
morning walkers (Lincoln Park)
• Lighting on tennis courts
Information shared with Parks Maintenance. Lighting at Lincoln Park is comprised of two systems controlled by four entities: Parks Maintenance, Building Maintenance, Utilities, and PG&E. PG&E controls the lights in the park that are connected to the street light circuits. These go on and off with • Ongoing
the streetlights. The remaining lights are on different timers in different buildings. Parks & Recreation Department staff will coordinate with the participant to know at what time it would be beneficial to have the lights turned on and continue to work with the other departments as necessary.

Water
• Monitor who is watering their
grass more than they are
supposed to (greener grass,
using more water)
Information shared recommendation with Public Works Maintenance and Operations Division. Participant also mentioned utilizing Code Enforcement to site those using excess water.
• Completed
November 30, 2022
Department: Development Services
Senior Concern/Comments Staff Response/Action Taken By When Senior Housing
• Need more low-income options
• Waitlist for current senior
housing
• Supplement landlords to make
more affordable for seniors
• Regency at Tracy Lakes still
too expensive
• More homes built with in-law
quarters
Staff from Development Services was present and recorded the suggestions. Staff notes all suggestions and will work with their consultants and San Joaquin County Housing Authority to incorporate senior/affordable housing as part of their yearly strategic plan updates. As of January 2023, two projects for senior/affordable housing are in the works. • Completed
November 30, 2022
SJ County Group Homes for
seniors who cannot afford to live
on their own
• Too hard to get started
• Not enough available
Staff from Development Services was present and recorded the suggestions. Staff notes all suggestions and will work with their consultants and San Joaquin County Housing Authority to incorporate senior/affordable housing as part of their yearly strategic plan updates. As of January 2023, two projects for senior/affordable housing are in the works. • Completed
November 30, 2022
Traffic
• Too many houses without the
roads being able to handle the
increase in traffic.

Information shared with Development Service/City Planner. Staff notes all suggestions and works with consultants to incorporate road construction as part of their yearly strategic plan updates.
• Completed
November 30, 2022
Department: City Manager’s Office - Homeless Services
Senior Concern/Comments Staff Response/Action Taken By When Homeless
• Use of the Duel Vocational
Institute
Information shared with the Homeless Services Manager. • Completed November 30, 2022
Department: Transportation Division
Senior Concern/Comments Staff Response/Action Taken By When Accessibility across all
transportation options
• Consider working with
Disability & Aging Community
Living Committee (DACLAC)
Staff shared the recommendation with the Transportation Division. The participant shared the information to ensure that Transit staff were aware of the program, which they are.
• Completed
November 30, 2022
Agency: San Joaquin County Behavioral Health Department Senior Concern/Comments Staff Response/Action Taken By When Adult Daycare
• Program for mentally
incapable seniors
• Santa Clara County has
Dementia Daycare
Information shared with the San Joaquin County Behavioral Health Department.
• Completed
November 30, 2022
Senior Services
2022 Annual Report
1 Exhibit C
2 Highlights
 Activities provided by the Senior
Servic
es Program
 Current and future needs of seniors
in Tracy
 Update on the efforts of the Parks &
Community Services Commission

Lolly Hansen Senior Center
3 Activities, Programs & Services
Resource Hub:
San Joaquin County Services
AARP , HICAP , Paralegal
Local Non-Profits
Tracy Golden Agers &
Tracy Senior Association
Gather & Socialize

4 Program Highlights
 6,725 Seniors Registered
 786
New Seniors
 New Programs For 2022
 Hand & Foot Card Game
 Tech Talk
 Mexican Train
 Watercolor Class
 Open Workshop
 Craft Studio
 Crocheting Class
 Chair Stretch & Strength
 Intermediate Tai Chi
 Zumba Gold on TV
 Added Saturday Pickleball

Marketing Efforts
5 Social Media Outlets
Facebook & Instagram Flyers & Posters
Tracy Press
@tracyseniorcenter
@playinsidethetriangle

6 Marketing Efforts
Daily updates @ Senior
Center
C
ity Facilities & Parks
City Website
Recreation Activity Guide
Channel 26
Email Blasts
Tracy Press Datebook
Chamber of Commerce
Community Events
Farmer’s Market
Outreach to:
Senior Community
Churches
Local organizations
Doctors' offices

7 Parks & Community Services
Commission
 Priority to actively engage
senior
s in the Tracy
Community
 Monthly Recreation Reports
 Quarterly updates on Senior
Comments and Concerns
8 Parks & Community
Services Commission
Commission’s FY 2022/2023 Goals:
 1. B. - Ensure representation with the Tracy
Senior Association and Golden Agers
 1. D. - Public outreach to senior community
 Conduct a special meeting of the Parks
Commission at the Lolly Hansen Senior
Center

9 Next Steps
Parks Commission: Recreation Staff &
Parks Commission:

10 Thank you!

February 7, 2023
Agenda Item 3.B

RECOMMENDA
TION
Staff recommends that the City Council discuss and provide direction, by motion, that 1) the City not advance the establishment of a Government Accountability Commission at this time and 2) the City Manager return with an agenda item for the City Council to consider the establishment of an Environmental Sustainability Commission.

EXECUTIVE SUMMARY
City Council has requested a discussion on role, makeup, and necessity of forming two new City Commissions. On August 18, 2020, Council Member Arriola and Council Member Ransom requested the formation of a Governmental Accountability Commission based on the adoption of the Tracy Equity and Empowerment Initiative and Implementation Work Plan. Additionally, beginning in 2021, the City Council Members have requested a discussion on forming a comm
ission that would cover various environmental issues, such as water conservation, drought, environmental sustainability, climate action plan, urban forest (tree and landscaping), and waste management (recycling and composting). Staff recommends that the City Council discuss and provide direction regarding the role, makeup, and necessity of two new City Commissions, not move forward currently with 1) Government Accountability Commission and 2) Envir
onmental Sustainability Commission.

BACKGROUND AND LEGISLATIVE HISTORY
Government Accountability Commission:

On June 16, 2020, Council Member Arriola seconded by Council Member Ransom requested that an equity initiative be brought before the City Council for consideration. The purpose of the initiative was to establish a framework to promote racial and social equity within the City of Tracy. The
Tracy Equity and Empowerment Initiative was drafted by Council Members Arriola and Ransom and contains policy proposals to address police policy reform and establish an equity framework
for local governance. On August 4, 2020, the City Council held a special meeting during which Darlene Flynn, Direc
tor of the City of Oakland’s Department of Race and
Equity, presented
on race, equity, and local government to provide background and context on how other
cities have implemented racial equity initiatives. Tracy Police Chief Sekou Millington also presented on the Police Department’s use of force policies and two community campaigns regardi
ng police reform in response to two of the public safety police proposals in the Equity Initiative. Following those presentations, the City Council provided staff direction on implementation of the Equity Initiative policy proposals. On August 18, 2020, the City Council adopted Resolution 2020-153 approving the Tracy Equity and Empowerment Initiative and Implementation Work Plan. Included in this work plan is a recommendation to create a Government Accountability Commission.

Environmental Sustainability Commission:

Beginning in 2021, Council Members have requested a discussion on forming a commission that would
cover various environmental issues, such as water conservation, drought, environmental
sustainability, climate action plan, urban forest (tree and landscaping), and waste management (recycling and composting). At the September 7, 2021, City Council meeting, Mayor Young requested a discussion to consider a citizens commission that would oversee water and drought issues facing the City. This item was seconded by Mayor Pro Tem Davis. Further, at the November 2, 2021, City Council meeting, Mayor Young requested a discussion to consider a citizens commi
ssion that would review water and environmental sustainability issues facing the City
. This item was seconded by Council Members Arriola and Bedolla. At the February 15, 2022, City Council meeting, Council Member Bedolla proposed amending the request made on November 2, 2021. He requested a discussion on the potential to form two separate commissions:
one for water issues and one to develop a climate action plan. This amendment was seconded by Mayor Young and Council Member Arriola. On April 19, 2022, Mayor Pro Tem Vargas requested a discussion on creating an environmental sustainability commission.

This item was seconded by Council Member Arriola. On July 12, 2022, Council Member Bedolla requested a commission to develop the work plan for the urban forest (trees and landscaping). Thi
s item was seconded by Mayor Young.

Looking at the
totality of the requests, staff believes that an Environmental Sustainability Commission would best represent the initiatives requested by the City Council.

Role and
Makeup of Existing Boards and Commissions
The City of Tracy currently has the following seven boards and commissions appointed by the City Council: the Measure V Residents’ Oversight Committee, the Parks and Community Services
Commission, the Planning Commission, the Tracy Arts Commission, the Transportation Advisory Commission, the Youth Advisory Commission, and the Building Board of
Appeals.

The boards and commissions in the City of Tracy have been created in various ways. Some, such
as the Building Board of Appeals and the Planning Commission, are pursuant to State law and have the
powers delegated to them under both the Tracy Municipal Code and State law, including the power to make binding decisions. Other commissions have been created by City resolution or
ordinance and serve as advisory bodies to the City Council or staff. They provide information,
analysis, and recommendations to inform the City Council and staff on matters pertaining to the commission's specialized area.

Appointees
to boards and commissions perform a public service to the community and have both an
obligation and an opportunity to provide helpful input that will shape the services and programs the City provides. This requires a thorough understanding of their role as a board member
or commissioner, as well as a willingness to engage constructively with the public, elected officials, and
City staff.

On April 6, 2021, the City Council discussed the role, makeup and necessity of the various Boards and Commissions existing within the City of Tracy. The staff report and minutes of this meeting ar
e found in Attachment A, for reference.

ANALYSIS AND DISCUSSION

1. Government Accountability Commission.

Role:

Per
the Tracy Equity and Empowerment Initiative and Implementation Work Plan recommendation,
the following was the purpose of the new proposed commission:

Agenda Item 3.B
February 7, 2023

Page 2 ends

ESTABLISH A “GOVERNMENT ACCOUNTABILITY COMMISSION” FOR THE CITY

OF TRACY
o This commission would make evidence-based recommendations for local reform and monitor outcomes, with special focus on racial equity and social justice. It would also identify existing government policies that could be changed to address historical and contemporary inequities.
o The commis
sion should be composed of individuals with policy-area expertise to study and provide recommendations on how to address the opportunities our City may have to enhance equity in all areas. Areas of interest may include housing fairness and accountability, landlord/tenant laws, environmental justice, and other socially responsible policy practices.
o The commis
sion should collect and use data and metrics, so the City of Tracy can develop equity plans while sharing information, tracking progress, and achieving results.

Makeup/Necessity:

Since the adoption of the initiative, the City Manager formed an internal committee (Diversity, Equity and Inclusion [DEI] staff committee) made up of City staff to consider implementation of the feasibility of the various aspects recommended in the Tracy Equity and Empowerment Initiative and Implementation
Work Plan. The DEI staff committee has recommended a request for
proposals for professional services to help develop a Diversity, Equity, and Inclusion (DEI) Strategic Plan for the City. As part of the research and discussions with experts, the st aff committee recommends that the City wait to form the Government Accountability Commission until the completion of the DEI Strategic Plan to better inform the commission’s goals and objectives.

2. Environmental Sustainability Commission.

Role:

Based on the various requests made by the City Council, staff anticipates that the purpose and function of this commission will include the following, but is not limited to, these items:
o To act
as an advocate for protecting, preserving, and enhancing the environment as it relates to issues under consideration by the City Council and Planning Commission.
o To serve
in an advisory role to the City Council and all Boards and Commissions on environmental and sustainability policy issues. The Commission may recommend new ordinances, amendments to existing ordinances, and other actions it deems appropriate.
o To provide a
means for promoting discussion and education on issues related to the environment and sustainability.
o To prepare an
annual report to be presented to the City Council which includes, but is not limited to these items:
 Climate, Air and Energy
Agenda Item 3.B
February 7, 2023

Page 3 ends

 Stormwater
 Urban Forest and Biodiversity
 Consumption and Waste; including Recycling
 Water and Conservation
 Resource Protection and Preservation
Makeup:

The makeup of this commission would consist of five (5) City of Tracy residents. The commission would be supported by the Operation and Utilities Department. It is recommended that the commission meet monthly. The commission may choose to form subcommittees on specific topics of interest or priority, such as creating a subcommittee to focus specifically on water and water conservation and/or climate action plan. A five (5) member commission may create subcommittees consisting of two (2) commissioners each.

Nece
ssity:

Found in many agencies around the country, an Environmental Sustainability Commission acts in an advisory capacity on issues pertaining to environmental impacts, sustainability practices, and legislative mandates that impact the environmental health and the well-being of the City and its residents. It is intended that the Environmental Sustainability Commission not take an advocacy role, but an advisory role, in providing input to City Council. Additionally, the Environmental Sustainability Commission is expected to advise City Council on environmental matters brought to them by the community.

FISC

AL IMPACT
The fis
cal impacts of this staff report would be absorbed by the city departments.

STRAT

EGIC PLAN
This
agenda item supports the City Council’s 2021-2023 Governance Strategic Priority, and specifically implements the following goal:

Goal 1: Model good governance, teamwork, and transparency.

RECOMMENDATION
Staf
f recommends that the City Council discuss and provide direction, by motion, that 1) the City not advance the establishment of a Government Accountability Commission at this time, and 2) the City Manager return with an agenda item for the City Council to consider the establishment of an Environmental Sustainability Commission.

Prepar
ed by: Karin Schnaider, Assistant City Manager
Revi
ewed by: Midori Lichtwardt, Assistant City Manager
Approv
ed by: Michael Rogers, City Manager
ATT

ACHMENTS
Attachment A – Agenda Item 3.D Staff Report from April 6, 2021 City Council Meeting Attachment B – April 6, 2021 Tracy City Council Regular Meeting Minutes Agenda Item 3.B
February 7, 2023

Page 4 ends

April 6, 2021
AGENDA ITEM 3.D

REQUEST

DISCUSS ROLE
, MAKEUP, AND NECESSITY OF CITY BOARDS AND COMMISSIONS

AND PROVIDE DIRECTION TO STAFF

EXECUTIVE SUMMARY
The City Council appoints over 50 i ndividuals to its boards and commissions to advise and assist in carrying out the func tions of local government. These boards and comm
issi
ons provide valuable community perspective and input that inform City policy decisions and operations.

On August 4, 2020,
then-Mayor Pro Tem Young, seconded by then-Council Member Ransom, requested that staff evaluate the role, make up, validity, and necessity of each of the City’s boards and commissions. Subsequently, on October 6, 2020, then- Mayor Pro Tem Young, seconded by Council Member Vargas, requested that staff present a report
to the Council on each City board and commission’s function, relevance, and presentation of annual
reports.

This report
summarizes the scope, makeup, and actions performed by our City boards and
commissions and provides Council an opportunity to provide direction.

DISCUSSION
On August 4, 2020, then-Mayor Pro Tem Young, seconded by then-Council Member Ransom, requested that staff evaluate the role, make up, validity and necessity of each of the City’s boards and commissions. Subsequently, on October 6, 2020, then-Mayor Pro Tem Young, seconded
by Council Member Vargas, requested that staff present a report to the Council on each City board and commission’s function, relevance, and presentation of annual
reports.

The City of Tracy currently has seven boards and commissions appointed by Council, which include the Measure V Residents’ Oversight Committee, the Parks and Community Services Commission, the Planning Commission, the Tracy Arts Commission, the Transportation Advisory Commission, the Youth Advisory Commission, and the Buil
ding Board of Appeals.

Most boards and commissions are created by City resolution or ordinance and se rve as advisory bodies to the City Council or staff. They provide information, analysis, and recommendations to inform the City Council and staff on matters pertaining to the board or commission's specialized area. Some boards and commissions have specific authority to make binding decisions, such as the Planning Commission. These bodies generally derive their decision making authority from state laws.

Appointees to boards and commissions perform a public service to our community and have both an obligation and an opportunity to provide helpful input that will shape the

ATTACHMENT A
services and programs the City provides. This requires a thorough understanding of their role as a board member or commissioner, as well as a willingness to engage constructively with the public, elected officials, and City staff.

City Boards, Commissions, and Committees
Listed below
are the various City boards and commissions and their responsibilities:

Planning Commission
The Planning Commission was established by Chapter 10.04 of Title 10 of the Tracy Municipal Code in 1953 and meets the second and fourth Wednesday of each month. It consists of five (5) members appointed by the City Council. The Commission prepares and recommends adoption, amendment or repeal of the City's General Plan; makes recommendations to the proper City officials regarding maps or plots of land subdivision; hold hearings on planning and zoning matters per State and City laws; and advises and makes recommendations regarding acquisition, use, or disposition of City-owned property. Examples of policy items that go before the Planning Commission include land use proposals, zoning regulations, vesting tentative subdivision maps, and recommendations on environmental impact reports. The Planning Commission evaluates development applications and reports through agenized staff reports. The commission does not direct staff or City operations, rather staff aligns its operations and goals with the City Council’s Strategic Priorities.

Planning Com
mission actions can be appealed to the City Council, who can then decide to uphold the commission’s decision, overturn it, modify it, or send it back for further study. The Planning Commission does not prepare an annual report to the Council, as the commission’s primary role is to review and approve development applications per state law and the Tracy Municipal Code. The Planning Commission agenda and the Development Services Department project pipeline report is provided to the City Council for their reference. Commissioners receive a $50 stipend per meeting.

Measure V Residents’ Oversight Committee
The Measure V Residents’ Oversight Committee was established in 2017, per City Council Ordinance 1223 (approved by the voters), and consists of five (5) members appointed by the City Council. It meets quarterly on the 3rd Monday of January, April, July and October. The Committee reviews expenditures and revenues through the annual independent financial audits, has oversight of revenues generated by Measure V and expenses related to Measure V, and serves in an advisory role to the City Council.

City Council retains final authority in all decisions. The Oversight Committee’s role is to advise the City Council of its findings and make recommendations during the term of the Committee. The Committee presents an annual written report documenting its findings to the City Council. The Measure V Residents’ Oversight Committee Member position is a volunteer, non-paid position.

Parks & Community Services Commission
The City Council established the Parks and Community Services Commission in 1997 per Chapter 7.16 of the Tracy Municipal Code. The commission consists of seven (7) members, six of whom are appointed by City Council. The seventh member is appointed by the Tracy Unified School District (TUSD). All seven (7) members serve a four-year term and serve at the pleasure of the City Council, with the exception of the TUSD appointee. The Parks and Community Services Commission is charged with Agenda Item 3.D
April 6, 2021
Page
2 advising on rules and regulations governing the conduct of recreation programs, protection of property, activities of persons in all parks, and hearing appeals of decisions made by the Parks and Recreation Director including park permits issued or denied. They advise the City Council on recreation and facility master planning and development, park design, and review grant opportunities and details. The Parks and Community Services Commission is an advisory body to the City Council on all quality of life matters that pertain to senior citizens, adults, teens and youth. They receive reports on programming, such as activities at the Senior Center, After School Program, special events, and youth and adult sports. They also receive reports on public recreation facilities development and use. With both programming and facilities, the Commission provides valuable feedback and helps the department set the direction for the prioritization of projects and use of resources, including funding allocation recommendations for the City’s Community Development Block Grant (CDBG) program.

With sta
ff facilitation, the Commission organizes and implements goals and objectives on an annual basis. The Commission prepares an annual report and Senior Citizen report to the City Council. The Commission meets the first Thursday of each month at 7:00 p.m., and holds public meetings on recreation programming and facility usage.

Commissioners receive a $50 stipend per meeting.

Transportation Advisory Commission
The City Council established the Transportation Advisory Commission in 2007. It consists of nine (9) members, each serving a four-year term. Commission meetings are held on the second Tuesday of each month at 7:00 p.m. The Commission acts in an advisory role to the City Council on matters relating to transportation in the community.

The purpose of the Transportation Advisory Commission is to address various public transportation issues including transit (TRACER bus service, San Joaquin Regional Transit District (SJRTD), Altamont Corridor Express (ACE Train), taxis), airport, and bikeways. The Commission gathers information by participating in public outreach at various City-sponsored events and by speaking with various groups and individuals with whom they have contact within the community. Additionally the Commission reviews and provides input on City-wide public transportation and airport planning documents and policies, advises on service levels and routes, recommends rules and procedures including rates, fares, and user fees for the use of transportation service programs and facilities. The Commission identifies transportation infrastructure needs and provides recommendations to improve connectivity for transit users. The Commission also recommends and promotes marketing strategies for community outreach programs to strengthen the use of the transit system with a particular emphasis on seniors/ADA passengers and students.

With sta
ff facilitation, the Commission organizes and implements goals and objectives on an annual basis, and prepares an annual report to the Council. Commissioners receive a $50 stipend per meeting.

Youth Advisory Commission
The Youth Advisory Commission (“YAC”) was established in 1998 and consists of eight (8) to 14 members. The purpose of the YAC is to provide youth with an opportunity to make a positive impact in the Tracy community. The YAC meets the second Wednesday of each month at City Hall. The role of the YAC is to foster increased involvement of youth in the affairs of municipal government. Some of the responsibilities include: addressing issues, activities and concerns of youth especially as they relate to Agenda Item 3.D
April 6, 2021

Page 3 ends

municipal programs and projects within the City of Tracy; holding forums on safety, recreation and school issues; making recommendations to the Parks & Recreation Department regarding the planning and implementation of programs; and participating in Youth Advisory Commission Activities. The YAC annual report is presented to Council in January of each year. YAC Members are non-paid volunteers.

Tracy Arts Commission
The City Council established the Tracy Arts Commission (“TAC”), previously known as the Cultural Arts Commission and Community Cultural Arts Commission, by City Council Ordinance 501 in July of 1991. The seven-member body is appointed by the City Council to serve four-year terms. Meetings are held on the second Tuesday of each month. City Council’s charge to the TAC is to preserve and cultivate the expression and appreciation of the arts in Tracy. The TAC represents the diversity of the creative community including arts patrons, architecture, engineering, historical preservation, design arts, arts administration, arts education, visual arts and the performing arts. In addition, the TAC maintains the Civic Art Plan, advises the City Council on the City-wide public art program, and advises staff on activities and programming. The TAC makes design and funding recommendations for Civic Art Program projects that utilize Capital Improvement Project funding, for City Council approval. They also make recommendations for any arts, aesthetic, design, architectural, and beautification projects from any City department or the City Council as requested. The TAC may perform other arts-related duties and functions as the City Council may direct.

The TA
C uses Budget, Civic Art and Special Events Subcommittees to carry out their duties, provide programming recommendations, and collaborate with the educational, business, and creative communities. The TAC and staff have a working, collaborative relationship, as all of their projects require staff expertise in the arts policies and practices, resulting in public programming such as the Downtown Tracy Artwalk, Downtown Tracy Mural Project, Tracy Art Week/Month, and the collection and projects of the Civic Art Program. TAC does not prepare an annual report for the Council at this time. However, staff can assist the TAC with preparing an annual report at Council’s discretion. Commissioners receive a $50 stipend per meeting.

Building Board of Appeals
Established by Ordinance 602 on May 1, 1984, and pursuant to Tracy Municipal Code Chapter 9.44, the City Council established a Building Board of Appeals for the purpose of hearing appeals by persons aggrieved by any administrative decisions in the application of the Uniform Housing, Building, Mechanical, Electrical, Plumbing, Abatement of Dangerous Buildings, and Fire Codes, or regulations adopted pursuant thereto. The five-member body is appointed by the City Council to serve four-year terms.

The board consists of members who are qualified by experience and training (such as licensed contractors, engineers, and architects) to evaluate matters pertaining to building construction. The Board meets as-needed, and members are non-paid volunteers.

San Joaquin County Commission on Aging
The San Joaquin County Commission on Aging was established by the San Joaquin County Board of Supervisors, and takes an active role advocating for the needs of senior citizens in San Joaquin County. One member is appointed by the Tracy City Council for a three-year term. The Commission membership must consist of more than 50% of individuals who are 60 years of age or older. However, any adult who is interested in issues relating to seniors may be considered for appointment. The Commission meets Agenda Item 3.D
April 6, 2021

Page 4 ends

on the first Monday of each month except for August, when no meeting is held. Members are non-paid volunteers.

San Joaquin County Mosquito Abatement District Board
Established by the State of California, Department of Health Services, State Health and Safety Code, Chapters 5 and 6 of Division 3, the San Joaquin County Mosquito Abatement District takes actions for the extermination of mosquitoes and the abatement of their breeding places throughout the District, while conforming to all California Government Codes applicable to public agencies. The Board meets the third Tuesday of each month at 1:00 p.m. The City Council appoints one resident to serve on the San Joaquin County Mosquito Abatement District Board. The term of the appointment is 2-4 years, at the discretion of the City Council. Members are non-paid volunteers.

Ad Hoc & Standing Committees
Ad hoc Committees are formed for a specific purpose and dissolve after completing their mission. However, standing boards, commissions, and committees become an integral part of the City’s governance structure by having continuing subject matter oversight or a fixed meeting schedule. Standing boards, commissions, and committees are evaluated and approved at the City Council’s discretion.

Application, Appointments, and Reappointments
Resident
s who are interested in serving on a City of Tracy board, commission, or committee must complete and submit the appropriate application form to the City Clerk.

Recommendations for appointment are typically made by a subcommittee of the City Council and are approved by the full Council, per the Council’s advisory body selection and appointment policy (Attachment A). Reappointment is not automatic; therefore, board members, commissioners, and committee members are required to submit a new application to the City Clerk prior to each term expiration date to be considered for reappointment.

All Comm
issioners, excluding members of the Board of Appeals, must be city residents and cannot be employees of the City of Tracy. The master list of members who currently serve on City boards and commissions for 2021, including their appointment and term expiration date, is provided in Attachment B. There is currently one vacancy on the Transportation Advisory Commission, one vacancy on the Tracy Arts Commission, and two vacancies on the Parks and Community Services Commission. Additionally, three of the Transportation Advisory Commissioners terms will expire on April 30, 2021.

Governing Policy
Bylaws
The City's bylaws are standardized for most boards and commissions, with some specific provisions applicable to each body. The standard bylaws include sections on duties, ethics and conflicts of interest, and procedural matters, including scheduling, noticing, and conducting meetings and preparation of agendas (Attachment C). Bylaws are consistent with those set forth by the City Council for the operation of the board or commission and the conduct of its meetings.

Public Meetings
Agenda Item 3.D
April 6, 2021

Page 5 ends

City boards and commissions are subject to the Brown Act, meaning their deliberations and decisions must be done in an open public meeting. Each year, City boards and commissions cumulatively hold more than 70 meetings. Generally, regular meetings are held on a reoccurring date and time. Special meetings may be called to discuss a specific topic, but do not occur frequently. Regular meetings must be noticed to the public at least 72 hours in advance; special meeting must be noticed within 24 hours of the meeting. Advance public notice of the meetings are provided by physically posting the notice, listing the meeting on the City website, and by direct email to interested parties who have requested such notices.

Current
ly, all meetings are conducted in accordance with the City Council’s meeting procedures. The Council may consider authorizing certain boards and commissions to follow less stringent public meeting protocols.

Public Records Act
Records of the City are subject to disclosure under the California Public Records Act.

Agendas, staff reports, and email communications about board or commission business are generally considered to be public records subject to disclosure under the Public Records Act.

Role of City Staff
Each board and commission has a staff liaison who provides professional and administrative support. Staff liaisons are the primary conduit for members of boards and commissions to communicate with the City. Staff liaisons perform a variety of roles, including:
• Serving as a channel of communication between the board/commission and other City staff;
• Creating meeting notices, preparing minutes, and creating agendas; • Scheduling meetings and booking meeting locations;
• Maintaining board/commission records;
• Coordinating the collection and distribution of information requested by the board/commission;
• Prepare board and commission agendas and minutes, publish online, and make print copies available to the public;
• Facilitating the coordinating and implementation of board/commission goals and actions.

The
City Clerk's Office also provides a wide range of support and oversight for City boards and commissions, including: facilitating the noticing and recruitment of new appointees, maintaining board and commission roster, and ensuring meetings and records are accurate and meet applicable Brown Act requirements.

Past Council Discussion on New Commission Formation & Consolidations On July
2, 2013, staff presented Council with an option to consolidate three existing commissions as part of a broader discussion on the formation of a senior commission.

The option included the consolidation of the Parks and Community Services Commission, the Tracy Arts Commission, and the Youth Advisory Commission into one 11 member Community Services Commission; and included the appointment of three senior advisory members to ensure senior citizen representation. The goal of the Agenda Item 3.D
April 6, 2021

Page 6 ends

consolidation was to improve resident engagement with specific populations in a more inclusive and collaborative manner, create more synergy among the members who sit on these separate commissions in order to accomplish broader community goals, and to facilitate commission recruitments which can be difficult to fill. During the meeting, the Council did not move to create a Community Services Commission or establish a new senior commission.

Commission Vacancies
Current
ly, there are vacancies that exist on the Parks, Arts, and Transportation Advisory Commissions (see Attachment B). The Council may consider downsizing these commissions to five-member bodies to reflect the makeup of the City Council, which can also be achieved through attrition so that sitting commissioners are not impacted.

Reducing the commission size will result in less vacancies to fill, and operationally may be more manageable for staff. The cost savings associated with reducing the size of these commissions is roughly $3,600 annually.

The rec
ruitments for these vacancies are currently on hold until staff receives further direction from Council. Should the Council decide to reduce the size of the Parks, Arts, and Transportation Advisory Commissions to five-member bodies, staff will return with a report to amend the Commission bylaws.

Council Direction

1. Is the City Council in favor of downsizing the Parks, Arts, and Transportation Advisory Commissions from seven to five members?

2. Would the City Council like to update the commission bylaws to require annual reports from all City commissions?

3. Should the City commissions strictly follow Rosenberg's Rules of Order or have flexibility regarding the rules of procedure they employ?

FISCAL IMPACT
There
is no fiscal impact associated with the discussion of this item.

STRATEGIC PLAN
This
agenda item supports the City Council’s 2021-2023 Governance Strategic Priority, and specifically implements the following goal:

Goal 1: Model good governance, teamwork, and transparency.

RECOMMENDATION
That
the City Council discuss the role, makeup, and necessity of City boards and commissions and provide direction to staff.

Agenda Item 3.D
April 6, 2021

Page 7 ends

Bill Dean, Assistant Director of Development Services
Ed Lovell, Transportation Manager
Jolene Jauregui-Correll, Recreation Manager
Brian MacDonald, Parks & Recreation Director
Adrianne Richardson, City Clerk
Approved by: Jenny Haruyama, City Manager

ATTACHMENTS
A – Council Policy on Appointments to Advisory Bodies
B – City of Tracy, Boards and Commissions Roster and Term Expirations C – City of Tracy, Boards and Commissions By-laws
Prepared by: Vanessa Carrera, Assistant to the City Manager Reviewed by: William Wilson, Cultural Arts Supervisor
Agenda Item 3.D
April 6, 2021

Page 8 ends

RESOLUTION 2020- 009

ADOPTING A COUNCIL POLICY ESTABLISHING A SELECTION PROCESS FOR APPOINTMENTS TO CITY ADVISORY BODIES AND REPEALING RESOLUTION NO. 2004- 089 AND RESOLUTION NO. 2004- 152
WHEREAS, In March 2004, the Tracy City Council adopted Resolution No. 2004- 089 establishing a policy for the selection process and defining residency requirements for appointee bodies (" Policy") in accordance with Government Code sections 54970 et seq. that was last amended in May 2004, via Resolution No. 2004- 152; WHEREAS, The current policy states that the Mayor ( or designee) and a selected Council member shall serve on a selection subcommittee to review applications to serve on an advisory body, interview applicants, and make a recommendation to the full Council on a candidate for appointment to an advisory body, WHEREAS, In practice, Council appoints any two Council members to a subcommittee to review applications and interview applicants for an appointment to an advisory body, and
WHEREAS, Council wishes to amend the policy to accurately reflect its current practice.

NOW, THEREFORE, the City Council of the City of Tracy hereby adopts the Council Policy Establishing a Selection Process for Appointments to City Advisory Bodies, attached as Exhibit A, and thereby repeals and supersedes Resolution No. 2004- 089, and Resolution No. 2004- 152.

The foregoing Resolution 2020- 009 was passed and adopted by the Tracy City Council on the 21
st
day of January, 2020, by the following vote:

AYES: COUNCIL MEMBERS: ARRIOLA, RANSOM, VARGAS, YOUNG, RICKMAN NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
MAYOR
ATT T:

CLERK
ATTACHMENT "A"

COUNCIL POLICY ESTABLISHING A SELECTION PROCESS FOR APPOINTMENTS TO

CITY ADVISORY BODIES
Exhibit " A" to Resolution No. 2020- 009)
SECTION 1: PURPOSE
To establish a selection process for appointments to City advisory bodies including defining residency requirements, in accordance with Government Code sections 54970 et seq.

SECTION 2: SELECTION PROCESS FOR APPOINTEE BODIES
A. On or before December 31st of each year, the City Clerk shall prepare an appointment list of all regular and ongoing boards, commissions and committees that are appointed by the City Council of the City of Tracy. The list shall contain the following information:

1. A list of all appointee terms which will expire during the next calendar year, with the name of the incumbent appointee, the date of the appointment, the date the term expires and the necessary qualifications for the position.

2. A list of all boards, commissions and committees whose members serve at the pleasure of the Council and the necessary qualifications of each position.

3. The list of appointments shall be made available to the public for a reasonable fee that shall not exceed actual cost of production. The Tracy Public Library shall receive a copy of the list.

B. Whenever a vacancy occurs in any board, commission or committee, whether due to expiration of an appointee' s term, resignation, death, termination or other causes, a special notice shall be posted in the office of the City Clerk, The Tracy Public Library, the City website, and in other places as directed within twenty ( 20) days after the vacancy occurs.

Final appointment to the board, commission or committee shall not be made by the City Council for at least ten ( 10) working days after the posting of the notice in the Clerk' s office.

If Council finds an emergency exists, the Council may fill the unscheduled vacancy immediately.

C. Appointments shall be made for the remainder of the term created by the vacancy except as follows:

If appointee will fill an un - expired term with six months or less remaining, the appointment shall be deemed to be for the new term.

2. If the vacancy is filled by an emergency appointment the appointee shall serve only on an acting basis until the final appointment is made pursuant to section 2.

D. The Council shall use the following selection process to provide an equal opportunity for appointment to a board, commission or committee:

ATTACHMENT "A"
Council shall appoint two Council members to serve on a subcommittee to review applications, interview applicants and recommend a candidate for appointment to the board, commission or committee.

2. If the Council subcommittee determines there are multiple qualified candidates, the subcommittee can recommend the Council establish an eligibility list that can be used to fill vacancies that occur in the following twelve ( 12) months.

3. At the Council subcommittee' s discretion, the chair ( or designee) of the board, committee or commission for which a member will be appointed, can participate in the interviews.

E. In the event there are not two or more applicants than vacancies on any board, commission or committee, the filing deadline may be extended by the City Clerk.

F. An individual already serving on a City of Tracy board, committee or commission may not be appointed to serve on an additional City of Tracy board, committee, or commission concurrently.

SECTION 3: DEFINITION OF RESIDENCY REQUIREMENTS
A. The following definitions shall be used to determine whether residency requirements are met for boards and commissions to which the Tracy City Council appoints members:

1. Tracy Planning Area means the geographical area defined in the City of Tracy General Plan and any amendments thereto.

2. City of Tracy means within the city limits of the City of Tracy.

3. Citizen means a resident of the City of Tracy.

4. Tracy School District means the geographical area served by the Tracy Unified School District.

5. Sphere of Influence shall be the geographical area approved by the Local Agency Formation Commission ( LAFCo) of San Joaquin County and any amendments thereto.

B. Residency, as defined above and as set forth in the applicable bylaws for each board or commission, shall be verified annually by the City Clerk. The residency must be verifiable by any of the following means:

1. Voter registration,

2. Current California Driver' s License or Identification, 2 ATTACHMENT "A"

3. Utility bill information ( phone, water, cable, etc.),

4. Federal or State tax returns.

C. Members of boards or commissions shall notify the City Clerk in writing within thirty ( 30) days of any change in residency. If the change in residency results in the board member or commissioner no longer meeting the residency requirements, the member shall tender their resignation to the City Clerk who shall forward it to the City Council. 3 ATTACHMENT "A"

CITY OF TRACY
2021 Master List of Board, Committees and Commissions
Name Appointment Date Term Expiration

BOARD OF APPEALS
Dennis Alegre February 19, 2019 February 28, 2023
James Caling February 19, 2019 February 28, 2023
Hossein Ebrahimi February 19, 2019 February 28, 2022
Scott Schendel February 19, 2019 February 28, 2023
Jerry Yerian February 19, 2019 February 28, 2022
MEASURE V RESIDENTS’ OVERSIGHT COMMITTEE
Ameni Alexander April 8, 2020 February 28, 2023
Karen Parker-Moore April 8, 2020 February 28, 2023
Allan Borwick March 5, 2019 February 28, 2022
Abdul Wahid March 5, 2019 February 28, 2022
Joyce Fenton October 20, 2020 February 28, 2023

PARKS AND COMMUNITY SERVICES COMMISSION
Linda Jimenez February 5, 2008 January 31, 2024
Jacy Krogh February 4, 2020 January 31, 2024
Todd Lieberg January 2, 2018 January 2, 2022
Rajdeep Singh April 16, 2019 January 31, 2024
Vacant January 2, 2022
Vacant January 2, 2022
Lori Souza (TSUD Representative)

PLANNING COMMISSION
Gurtej Atwal October 1, 2019 March 31, 2024
Maurice Francis October 2, 2019 March 31, 2022
Albert (Cliff) Hudson April 8, 2020 March 31, 2024
Joseph Orcutt February 19, 2013 March 31, 2022
Chad Wood March 20, 2018 March 31, 2022
ATTACHMENT "B"
2021 Boards and Commissions List
2 Name Appointment Date Term Expiration

SAN JOAQUIN COUNTY COMMISSION ON AGING
Wayne Templeton July 22, 2020 June 30, 2023

SAN JOAQUIN COUNTY MOSQUITO ABATEMENT DISTRICT BOARD
Prabhjot Singh July 22, 2020 June 30, 2024

TRACY ARTS COMMISSION
Margarita Anderson December 17, 2019 December 31, 2023
Jeff Bordes October 18, 2017 December 31, 2021
Nila Dhugga January 7, 2014 December 31, 2021
Maxine Lees December 17, 2019 December 31, 2023
Cynthia Reis December 17, 2019 December 31, 2023
Taranjit Sandhu March 19, 2012 December 31, 2021
Vacant December 31, 2023

TRANSPORTATION ADVISORY COMMISSION
Cooper, Gary April 16, 2019 April 30, 2021
English, Alice September 5, 2017 April 30, 2021
Khanna, Rajnish November 7, 2018 April 30, 2021
Silva, Tim December 3, 2013 April 30, 2022
Vacant April 30, 2022
Vaughn, Alvin September 4, 2007 April 30, 2022
Vacant April 30, 2023

YOUTH ADVISORY COMMISSION
Almazon, Alexandra July 16, 2019 July 31, 2021
Andrews, Kayla February 2, 2021 July 31, 2023
Crowley, Samantha July 16, 2019 July 31, 2021
Dash, Seemani July 16, 2019 July 31, 2021
Delapaz, Adriana August 1, 2019 July 31, 2021
Dhillon, Harleen February 2, 2021 July 31, 2023
Kala, Manasvini February 2, 2021 July 31, 2023
Kala, Sashank February 2, 2021 July 31, 2023
Karthikeyan, Ethan August 1, 2020 July 31, 2022
Mahendran, Kaavya August 1, 2020 July 31, 2022
Mamsa, Mysha July 16, 2019 July 31, 2021
Moshan, Ingrid July 16, 2019 July 31, 2021
Razi, Yasmeen August 1, 2019 July 31, 2022
ATTACHMENT "B"
2021 Boards and Commissions List
3 Xiao, Beiyuan “Peter” February 2, 2021 July 31, 2023 Adult Commissioners:

Scott Arbogast February 2, 2021 July 31, 2023
Sarah Ying Bai February 2, 2021 July 31, 2023
Wes Huffman August 1, 2019 July 31, 2021
ATTACHMENT "B"

BYLAWSOF THE

PLANNINGCOMMISSIONOF THE

CITYOF TRACY, CALIFORNIA
WHEREAS, Pursuantto CaliforniaGovernmentCodesections6500et seq.

GovernmentCode”) andChapter10.04 of Title10 of the TracyMunicipalCode (“Municipal Code”), a PlanningCommission (“Commission”) of the Cityof Tracy, California, hasbeen established; and
WHEREAS, Themembershipqualifications, termsof office, organization, required meetingsof the Commissionareset forthin the MunicipalCode; and WHEREAS, Thepowersanddutiesof the Commissionareset forthin the Government Codeandthe MunicipalCode; and
WHEREAS, TheCommissionmayadopt, subjectto CityCouncil (“ Council”) approval, bylawsfor the transactionof its affairsandconductof its meetings.

NOW, THEREFORE, theseBylawsgoverntheconductof themeetingsandthe transactionof its affairs.

A. PURPOSE
Thepurposeof theCommissionis to performall of thefunctionsof a cityplanning commissionas describedby Californiastateplanningandzoninglaw, as furtherdescribedin Chapter10. 04of Title10 of theMunicipalCode, exceptas otherwiseprovidedby ordinanceor resolutionof the Council.

B. ROLEANDRESPONSIBILITIES
Theroleof theCommissionis to performall of thefunctionsof a cityplanning commissionas describedby Californiastateplanningandzoninglaw, as furtherdescribedin Chapter10. 04of Title10 of theMunicipalCode, exceptas otherwiseprovidedby ordinanceor resolutionof the Council. Theresponsibilitiesof the Commissionincludemaking recommendationsto theCouncilregardingthe generalplanandamendmentsthereto, subdivisionmapapplicationsin accordancewiththeCaliforniaSubdivisionMapActandthe MunicipalCode, andholdinghearingson planningandzoningmatters.

C. MEMBERSHIPGUIDELINES
Membership1. . TheCommissionshallconsistof five (5) membersunless otherwiseprovidedin the MunicipalCode.

Term. 2. Eachmembershallservea four- yearterm. Termsfor members appointedto fill unexpiredtermsshallbe in accordancewiththe MunicipalCode.

Attendance3. . Attendancerequirementsaresetforthin Chapter10. 04of the MunicipalCode.

Leaveof Absence4. . A PlanningCommissionmembermaysubmita written requestto the CityCouncil, for a leaveof absenceof up to six-months, which maybe approvedin its discretion.

AB 1234Training and Form 700Completion. 5. Ifa memberof the Planning Commissionwhois requiredto completeAB1234training (StateMandated ATTACHMENT "C"
By Lawsof the PlanningCommission
Cityof Tracy
Page2 of 4
EthicsTraining) and/or is requiredto completeform700 (Statementof Economic Interest), doesnot do so in a timelymanner, the CityClerk’s Officewillsendtwo writtennoticesat least10 daysapartto themember. If thememberdoesnot completetherequiredtrainingand/or form, andprovideproofof complianceto theCityClerk’s Office, within30 daysof receivingthesecondwrittennotice, his or herappointmentwillautomaticallyterminate.

D. QUORUM
A quorumof the PlanningCommissionshallconsistof a majorityof themembers includingany vacancies). A quorummustbe presentin orderfor thePlanning Commissionto holda meeting.

E. OFFICERSANDDUTIES

1. Theofficersof the PlanningCommissionshallbe:
a. TheChairpersonand
b. TheVice-Chairperson.

2. TheChairpersonshall:
a. Presideat all regularandspecialmeetings.
b. Ruleon all pointsof orderandprocedureduringthe meetings. c. Signall resolutionsandminutes.
d. Providerecommendationsto staffliaisonregardingagendaitems.

3. TheViceChairpersonshallassumeall dutiesof theChairpersonin his or her absenceor disability.

4. In caseof theabsenceof boththeChairpersonandViceChairpersonfromany meeting, an ActingChairpersonshallbe electedfromamongthemembers present.

F. TERMSANDVACANCIES
Theofficerswillbe selectedby the membershipfor a oneyearterm. Theannual electionof officersshalltakeplaceat thelastregularmeetingin Juneof eachyear. The termsof officersshallcommenceas of July1stfollowingtheelectionandshallcontinue throughJune30thof thefollowingyear. In thefirstyearof formation, theelectionof officersshalltakeplaceat the firstregularmeeting.

G. MEETINGS

1. Regularmeetingsof the PlanningCommissionshallbe heldon the Secondand FourthWednesdayof eachmonth, exceptin NovemberandDecemberof each yearwhenregularmeetingsshallbe heldon theFirstandThirdWednesday, and shallbeginat 7:00 p.m. in the TracyCouncilChambers.

2. If thescheduleddateof a regularmeetingconflictswitha holidayperiod, staff shallreschedulethatmeetingto be conductedwithinthatmonth.

3. Anyregularmeetingmaybe adjourned, or anyitemon the agendacontinuedto thenextor anysubsequentregularmeetingof thePlanningCommissionby a 2 ATTACHMENT "C"
By Lawsof the PlanningCommission
Cityof Tracy
Page3 of 4
majorityof the quorum. Ifa meetingis adjournedor an itemis continuedto a specialmeetingto be heldon a dateotherthana regularmeetingdate, thetime, place, anddateof suchspecialmeetingshallbe specifiedin themotionfor adjournmentor continuance.

4. All meetingsaresubjectto the BrownActas set forthin GovernmentCode sections54950andfollowing. Accordingly, all meetingsshallbe noticedand agendasfor all meetingsshallbe preparedandpostedin accordancewiththe currentCouncilmeetingprocedures.

6. Allmeetingsshallbe conductedin accordancewiththe currentCouncil meetingprocedures.

7. Allagendasshallbe preparedanddistributedin accordancewithCouncil meetingproceduresandthe BrownAct.

H. FUNDING
Anyfundingnecessaryfor operationof theCommissionshallbe includedin theCityof Tracybudget, whichshallbe approvedby the Council.

I. ADMINISTRATIVEPROCEDURESANDPOLICIES
TheCommissionshallfollowall applicableCityfiscaladministrativepoliciesand procedures.

J. SUBCOMMITTEES
TheCommissionmayformad hocsubcommitteesin accordancewiththe BrownAct, and makeappointmentsto thatsubcommittee, as it deemsnecessary. A quorumof Commissionmembersmaynot be appointedto serveon a singlesubcommittee. Before forminga subcommittee, theCommissionshallestablisha specificchargeandtermfor the subcommittee.

K. STAFFLIAISON
TheCommissionshallhavea staffliaisondesignatedby theDevelopmentand EngineeringServicesDepartment. Thestaff liaisonshall:

1. Receiveandrecordall exhibits, petitions, documents, or othermaterialpresented to the PlanningCommissionin supportof, or in oppositionto, anyquestionbefore the PlanningCommission.

2. Signall meetingsminutesandresolutionsuponapproval.

3. Prepareanddistributeagendasandagendapackets.

L. ADOPTION
Thisdocument, as adoptedandamendedby Councilresolution, shallserveas the Bylawsfor the Commission.
3 ATTACHMENT "C"
By Lawsof the PlanningCommission
Cityof Tracy
Page4 of 4
Commission: Recommendedapprovalto Councilon December17, 2003, by motionaction.

Council: Approvedby Councilon January20, 2004, by ResolutionNo. 2004-016, and amendedby Councilon March2, 2010, by ResolutionNo. 2010-022. 092910)
4 ATTACHMENT "C"

BYLAWS OF THE M
EASURE V RESIDENTS’ OVERSIGHT COMMITTEE

CITY OF TRACY, CALIFORNIA
WHER
EAS, Pursuant to Ordinance 1223, the City Council has established a Measure V Residents’ Oversight Committee (the “Oversight Committee”) for the purpose of overseeing revenues generated by and expenses related to the one-half cent sales tax measure (Measure V), which was adopted by the voters on November 8, 2016, and WHER
EAS, The Measure V Residents’ Oversight Committee By-Laws are consistent with those set forth by the City Council for the operation of the City’s Boards, Commissions and Committees, and
NOW,
THEREFORE, these By-Laws govern the conduct of the meetings and the transaction of the affairs of the Oversight Committee.

A. PURPOSE
Purs
uant to Ordinance 1223 the Oversight Committee shall review the revenue and expenditure from the Measure V transactions and use (sales) tax through the annual independent financial audits performed by an independent auditor. The Oversight Committee shall have oversight of revenues generated by and expenses related to Measure V. The Oversight Committee serves in only an advisory role to the City Council. The City Council retains final authority in all decisions.

B. ROLE AND RESPONSIBILITIES
The role of the Oversight Committee is to review the independent financial audit of the City that includes revenue raised by Measure V and other financial reports necessary to advise the City Council of its findings and make recommendations during the term of the Committee. The Committee will present an annual written report documenting its findings to the City Council in August of each year or when reasonably possible thereafter based upon availability of data needed for the annual written report.

The Oversight Committee Member position is a volunteer, non-paid position whose roles and responsibilities will include the following:
• To
serve in an advisory-only capacity to the City Council; • To provide oversight of the revenues and expenses pertaining to the portion of the sales tax generated by Measure V;
• To review the annual independent financial audit of the City performed by an independent auditor on sections pertaining to the revenue and expenses related to the portion of the sales tax generated by Measure V; • To review other City financial reports pertaining to the revenue generated by and expenses related to the portion of the sales tax generated by Measure V revenue and expenses;
• Providing Council with an annual written report;
• Additional reports to Council can be provided to Council at the committee and/or Council’s discretion (all reports must be in writing and agendized pursuant to the Brown Act).

The Oversight Committee roles and responsibilities will not include the following:

ATTACHMENT "C"
• Overs
ight on Enterprise and other funds generated independent of Measure V; • Decision-making on spending priorities;
• Reviewing Enterprise and, except to the extent necessary for the General Fund, other funds generated independently of Measure V.

The
Oversight Committee’s findings will be presented annually in a written report to the City Council.

The
City Council retains final authority in decisions for all aspects of the sales tax revenue.

C. MEMBERSHIP GUIDELINES

1. Membership. The Oversight Committee shall consist of five members who are residents of the City of Tracy and meet the residency requirement as outlined in Resolution 2004- 152, establishing the council selection process, and defining residency requirements, for appointee bodies.

2. Term. The Oversight Committee will commence on March 1, 2017. Of the five members of the Committee first appointed, three shall be appointed for a three year term and two shall be appointed for a two year term. Subsequent appointments to the Oversight Committee shall be until the reporting period for the last one-half cent sales tax collected pursuant to Measure V. No member of the committee shall serve more than two consecutive terms.

3. Attendance . An Oversight Committee member’s failure to attend two consecutive meetings in any calendar year shall result in his or her removal from the Committee at the discretion of the City Council. Absences may not be excused; however, an Oversight Committee member may request a leave of absence as outlined in these bylaws. For quorum confirmation, a member who needs to miss a meeting shall inform the staff liaison designated by the City Manager at least 48 hours before the next meeting.

4. Leave of Absence. A member of the Oversight Committee may submit a written request to the City Council, for a leave of absence of up to six-months, which may be approved in its discretion.

D. QUORUM
A q
uorum of the Oversight Committee shall consist of a minimum of three members. A quorum must be present in order for the Oversight Committee to hold a meeting.

E. OFFICERS AND DUTIES

1. The
officers shall be:
a. The Chairperson and
b. The Vice-Chairperson.

2. The
Chairperson shall:

ATTACHMENT "C"
a. Presi
de at all regular and special meetings.
b. Rule on all points of order and procedure during the meetings. c. Provide recommendations to staff liaison regarding agenda items.

3. The
Vice Chairperson shall assume all duties of the Chairperson in his or her absence or disability.

4. In c
ase of the absence of both the Chairperson and Vice Chairperson from any meeting, an Acting Chairperson shall be elected from among the members present.

F. TERMS AND VACANCIES
The
officers will be selected by the membership for a one-year term. The election of officers shall take place each year at an annual meeting to be held within the first quarter of the calendar year. The terms of officers shall commence as of the date of that meeting and shall continue until the annual meeting in the following year.

G. MEETINGS
The
Oversight Committee will meet a minimum of four times a year, on a quarterly basis on the 3rd Monday in January, 3rd Monday in April, 3rd Monday in July, and 3rd Monday in October at 5:30 p.m. at City Hall Room 109. Additional meetings may be scheduled by the Committee, at its discretion. Oversight Committee members are expected to attend all regular meetings.

1. All
meetings are subject to the Brown Act as set forth in Government Code sections 54950 and following. Accordingly, all meetings shall be noticed and agendas for all meetings shall be prepared and posted in accordance with the current City Council meeting procedures. All agendas shall be distributed in accordance with City Council meeting procedures and the Brown Act.

H. FORM 700 FILINGS AND AB 1234 TRAINING

1. The
City Clerk’s Office will monitor compliance with state and City Form 700 (Statement of Economic Interest) filing requirements, and AB 1234 (Ethics Training) requirements.

2. If
a member of the Measure V Resident Oversight Committee fails to file a Form 700, or complete AB 1234 training in a timely manner, the City Clerk’s Office will send two written notices at least 10 days apart to the member.

3. If
the member does not file a Form 700 or a certificate confirming proof of compliance with AB 1234 training with the City Clerk’s Office within 30 days of receiving the second written notice, his or her appointment will automatically terminate.

ATTACHMENT "C"
I. FUNDING
Any
funding necessary for operation of the Oversight Committee shall be included in the City of Tracy budget, which shall be approved by the City Council.

J. ADMINISTRATIVE PROCEDURES AND POLICIES
The
Oversight Committee shall follow all applicable City fiscal administrative policies and procedures.

K. STAFF LIAISON
The O
versight Committee shall have a staff liaison designated by the City Manager. The staff liaison shall:

1. Recei
ve and record all exhibits, petitions, documents, or other material presented to the Committee in support of, or in opposition to, any question before the Committee.

2. Sig
n all meeting minutes.

3. Pr
epare and distribute agendas and agenda packets.

The s
taff liaison assigned to the Oversight Committee will be responsive to the Committee’s request for information. The City staff liaison, or designee, will attend all Oversight Committee meetings.

L. ADOPTION
This
document, as adopted by City Council Resolution 2017-026, shall serve as the Bylaws for the Measure V Residents’ Oversight Committee.

ATTACHMENT "C"

BYLAWS OF THE

PARKS AND COMMUNITY SERVICES COMMISSION

CITY OF TRACY, CALIFORNIA
Revised June 2010)
Council Resolution 2009 -191)
WHEREAS, the City Council has established a Parks and Community Services Commission for the purpose of advising the Council on the planning and development of park and recreation facilities and delivery of recreation and community service programs; and WHEREAS, the Parks and Community Services Commission is advisory to the City Council.

NOW, THEREFORE, these Bylaws govern the conduct of the meetings and the transaction of its affairs.

A. PURPOSE
The purpose of the Parks and Community Services Commission is to:

1. Establish rules and regulations governing the conduct of recreation programs, protection of property and activities of persons in all parks.

2. Establish rates, charges and deposits for the use of any and all recreation facilities.

3. Hold public hearings on recreation programming and facility usage and conduct investigations and surveys for the purpose of obtaining facts and data concerning recreation programs.

4. Review grants, facility developments and designs and recreation programs.

5. Advise the Council on the subject of recreation and facility master planning and development.

6. Make recommendations to the Council regarding the right to exclude persons; to regulate traffic, including pedestrian, equestrian, and vehicular; and to regulate the operations and use of bicycles; the keeping or use of animals; the conducting of assemblies, contests, games, and sports; and the regulation of activities, such as the merchandising, advertising, gambling, solicitation, and imbibing of alcohol, from or in any and all recreation facilities.

7. Forward appeals of any actions of the Commission to the Council.

8. Hear appeals of decisions made by the Parks and Community Services Department Director under TMC 4. 40.150 ( Special Event Permits).

9. Hear appeals of park permits issued or denied by the Parks and Community Services Department Director under TMC 4. 16.160 ( Regulations Pertaining to the Use of Park and Recreation Areas and Facilities).

B. ROLE AND RESPONSIBILITIES
The role of the Parks and Community Services Commission is to provide citizen and community perspective and input on the development of park and recreation facilities and the delivery of recreation and community services programs.

C. MEMBERSHIP GUIDELINES

1. Membership. The Parks and Community Services Commission shall consist of seven members of which one member shall be appointed by the Tracy Unified School District.

2. Term. Each member shall serve a four -year term.

3. Attendance. If a member of the Parks and Community Services Commission fails to attend four regular meetings in any calendar year, his or her position on the Parks and Community Services Commission shall automatically become vacant and the staff liaison shall so inform the City Clerk. Absences may not be excused; however, a commissioner may request a Revised June 2010
ATTACHMENT "C"
Parks and Community Services Commission Bylaws
City of Tracy

Page 2 of 3 ends

leave of absence as outlined in these Bylaws. For quorum confirmation, a member who is unable to attend a meeting shall inform the staff liaison designated by the relevant City Department at least 48 hours before the next meeting.

4. Leave of Absence. A Parks and Community Services Commission member may submit a written request to the City Council for a leave of absence of up to six months, which may be approved in its discretion.

5. AB 1234 Training and Form 700 Completion. If a member of the Parks and Community Services Commission who is required to complete AB 1234 training (State Mandated Ethics Training) and /or is required to complete form 700 (Statement of Economic Interest), does not do so in a timely manner, the City Clerk's Office will send two written notices at least 10 days apart to the member. If the member does not complete the required training and /or form, and provide proof of compliance to the City Clerk's Office, within 30 days of receiving the second written notice, his or her appointment will automatically terminate.

D. QUORUM
A quorum of the Parks and Community Services Commission shall consist of a majority of the members ( including any vacancies). A quorum must be present in order for the Parks and Community Services Commission to hold a meeting.

E. OFFICERS AND DUTIES

1. The officers of the Parks and Community Services Commission shall be:
a. The Chairperson and
b. The Vice - Chairperson.

2. The Chairperson shall:
a. Preside at all regular and special meetings.
b. Rule on all points of order and procedure during the meetings. c. Provide recommendations to staff liaison regarding agenda items.

3. The Vice Chairperson shall assume all duties of the Chairperson in his or her absence or disability. The Vice Chairperson shall chair the Commission's ad hoc subcommittee to review proposed park and recreation facility names prior to review by the Commission.

4. In case of the absence of both the Chairperson and Vice Chairperson from any meeting, an Acting Chairperson shall be elected from among the members present.

F. TERMS AND VACANCIES
The officers will be selected by the membership for a one -year term. The annual election of officers shall take place at the last regular meeting in June of each year. The terms of officers shall commence as of July 1st following the election and shall continue through June 30th of the following year. In the first year of formation, the election of officers shall take place at the first regular meeting.

G. MEETINGS

1. Regular meetings of the Parks and Community Services Commission shall be held on the 1St Thursday of each month and shall begin at 7: 00 p. m.

2. If the scheduled date of a regular meeting conflicts with a holiday period, staff shall reschedule that meeting to be conducted within that month.

3. Any regular meeting may be adjourned, or any item on the agenda continued to the next or any subsequent regular meeting of the Parks and Community Services Commission, by a Revised June 2010
ATTACHMENT "C"
Parks and Community Services Commission Bylaws
City of Tracy

Page 3 of 3 ends

majority of the quorum. If a meeting is adjourned or an item is continued to a special meeting to be held on a date other than a regular meeting date, the time, place, and date of such special meeting shall be specified in the motion for adjournment or continuance.

4. All meetings are subject to the Brown Act as set forth in Government Code Sections 54950 and following. Accordingly, all meetings shall be noticed and agendas for all meetings shall be prepared and distributed in accordance with the current City Council meeting procedures and the Brown Act.

5. All meetings shall be conducted in accordance with the current City Council meeting procedures.

H. FUNDING
Any funding necessary for operation of the Parks and Community Services Commission shall be included in the City of Tracy budget, which shall be approved by the City Council.

All members of the Commission shall receive such compensation as established by Resolution 2001 -432 of the City Council.

ADMINISTRATIVE PROCEDURES AND POLICIES
City Boards and Commissions shall follow all applicable City fiscal administrative policies and procedures.

SUBCOMMITTEES
The Parks and Community Services Commission may form ad hoc subcommittees in accordance with the Brown Act, and make appointments to that subcommittee, as it deems necessary. A quorum of Commission members may not be appointed to serve on a single subcommittee. Before forming a subcommittee, the Parks and Community Services Commission shall establish a specific charge and term for the subcommittee.

K. STAFF LIAISON
The Parks and Community Services Commission shall have a staff liaison designated by the relevant City Department. The staff liaison shall:

1. Receive and record all exhibits, petitions, documents, or other material presented to the Commission in support of, or in opposition to, any question before the Commission.

2. Sign all meetings minutes and resolutions upon approval.

3. Prepare and distribute agendas and agenda packets.

L. ADOPTION
This document, as adopted by City Council, and amended by City Council Resolutions 2004- 034, 2009 -191 and 2010 -022, shall serve as the Bylaws for the Parks and Community Services Commission.

Parks and Recreation Commission Established by Ordinance 690 on July 7, 1987 (Bylaws included in Ordinance) Amended by Ordinance 802 on November 21, 1989
Amendedby Ordinance932 C.S. on February6 ", 1996
Amendedby Ordinance948 C.S. onJanuary7 ", 1997
Amended by Ordinance 1060 on January 20, 2004
Amended by Resolution 2004 -034 on January 20, 2004
Amended by Resolution 2009 -191 on October 20, 2009
Amended by Resolution 2010 -022 on March 2, 2010
Revised June 2010
ATTACHMENT "C"

BYLAWS OF THE

TRANSPORTATION ADVISORY COMMISSION

CITY OF TRACY, CALIFORNIA
WHE
REAS, the City Council has established a Transportation Advisory Commission for the purpose of advising the Council on the planning and development of public transportation related improvements and delivery of various public transportation service programs, and WHE
REAS, the Transportation Advisory Commission is advisory to the City Council; and WHE
REAS, The City General Plan promotes connectivity in mass transit, street patterns, bicycle trails, and pedestrian sidewalks and trails, as well as airport travel; and WHE
REAS, Public transportation related modes include automotive, rail, bicycle, bus, airport and pedestrian traffic such as inter-city (TRACER, Paratransit, Airports, Multimodal Station, bikeways, taxis, pedestrian trails) and intra-city (SJRTD, high-speed rail, and ACE).

NOW
, THEREFORE, these Bylaws govern the conduct of the meetings and the transaction of its affairs.

A. PURPOSE
The
purpose of the nine-member Transportation Advisory Commission is to:

1. Addres
s various public transportation issues including inter-city transit (TRACER, Paratransit, airports, Multimodal Station, taxis, limousines, Park-and-Ride lots, bikeways, trails and passes) and intra-city transit (SJRTD, commuter-vanpools and ACE);

2. Review City-wide public transportation and airport planning documents;

3. Advise on service levels and routes;

4. Recommend rules and procedures governing public transportation service programs, equipment and facilities considering regulatory guidelines, service improvements, coordination, efficiencies, protection of property, service improvements and activities of persons utilizing transportation services and facilities;

5. Recommend rates, fares, user fees, charges and deposits for the use of transportation service programs and facilities;

6. Review surveys and facilitate public input on public transportation programming and facility usage;

7. Identify transportation infrastructure needs and recommend allocation of funds for capital expenditures related to transportation improvements;

8. Review grants, budgets, facility developments and designs, and transportation programs;

9. Advise the Council on the subject of comprehensive Citywide public transportation master planning and development;

10. Review, monitor, and make long-range recommendations concerning public transportation and connectivity sections of related environmental impact reports of development projects during the public review period and other similar documents; ATTACHMENT "C"

11. Recomm
end and promote marketing strategies for community outreach programs in order to strengthen the transportation image, increase usage, and integrate its role within the community; and

12. Recommend to the City Council, after public input, the adoption, amendment or repeal of ordinances, resolutions, or requirements pertaining to public transportation within the City.

B. ROLE AND RESPONSIBILITIES
The
role of the Transportation Advisory Commission is to provide citizen and community perspective and input on the development of public transportation planning, facilities and programs. As a Commission established by the City Council, the Transportation Advisory Commission will provide input to Council for their consideration and action. This would ideally be done after receiving public deliberation and achieving consensus through partnering with staff. It is intended that the Transportation Advisory Commission not take an advocacy role, but an advisory role, in providing input to City Council. Additionally, the Transportation Advisory Commission is expected to advise City Council on transportation matters brought to them by the community.

C. MEMBERSHIP GUIDELINES

1. Membership. The Transportation Advisory Commission shall consist of nine (9) members. Preferably, the composition of a Transportation Advisory Commission will include nine (9) residents with desirable background and expertise in specified areas of public transportation, such as the airport, buses, rail or bikes as outlined below:
a. Three (3) members: general aviation, or possess an active pilot’s license, or work experience in operations of a public airport;
b. Two (2) members: bus transportation services;
c. One (1) member: rail transportation services;
d. One (1) member: bicycle transportation services;
e. One (1) member: user of public transit; and
f. One (1) member: community member at large.

Although a diverse Commission composition is preferred, the composition of the Commission may vary based on: (1) the expertise available at any one time in the community; and (2) on the community interest; therefore, flexibility on composition may be necessary.

2. Term.

Each member shall serve a four- year term; commencing in May. To provide for Commissioner’s terms to expire in a staggered manner, for the appointments of the initial Commissioners on the Transportation Advisory Commission only, the City Council at its discretion will appoint three Commissioners for a two-year term and three Commissioners for a three-year term. The remaining three Commissioners will be appointed for the full four-year term. Upon expiration of the two-year and three- year terms, the terms will be four years for all Commissioners.

ATTACHMENT "C"

3. Att
endance1. If a member of the Transportation Advisory Commission fails to attend four (4) regular meetings in any calendar year, his or her position on the Transportation Advisory Commission shall automatically become vacant and the staff liaison shall so inform the City Clerk. Absences may not be excused; however, a commissioner may request a leave of absence as outlined in the bylaws.

For quorum confirmation, a member who is unable to attend a meeting shall inform the staff liaison designated by the relevant City Department at least 48 hours before the meeting.

4. Leave of Absence. A Transportation Advisory Commission member may submit a written request to the City Council for a leave of absence of up to six months which may be approved at the City Council’s discretion.

5. AB 1234 Training and Form 700 Completion2. If a member of the Transportation Advisory Commission who is required to complete AB 1234 training (State Mandated Ethics Training) and/or is required to complete form 700 (Statement of Economic Interest), does not do so in a timely manner, the City Clerk’s Office will send two written notices at least 10 days apart to the member. If the member does not complete the required training and/or form, and provide proof of compliance to the City Clerk’s Office, within 30 days of receiving the second written notice, his or her appointment will automatically terminate.

D. QUORUM

A quorum of the Transportation Advisory Commission shall consist of a majority of the members (five members). A quorum must be present in order for the Transportation Advisory Commission to hold a meeting.

E. OFFICERS AND DUTIES

1. The officers of the Transportation Advisory Commission shall be:

a. The Chairperson and
b. The Vice-Chairperson.

2. The Chairperson shall:

a. Preside at all regular and special meetings.
b. Rule on all points of order and procedure during the meetings. c. Provide recommendations to staff liaison regarding agenda items.

3. The Vice Chairperson shall assume all duties of the Chairperson in his or her absence or disability.

4. In case of the absence of both the Chairperson and Vice Chairperson from any meeting, an Acting Chairperson shall be elected from among the members present. 1 Per Council Resolution 2009-191
2 Per Council Resolution 2010-022
ATTACHMENT "C"
F. TERMS AND VACANCIES
The
officers will be selected by the membership for a one-year term. The annual election of officers shall take place at the last regular meeting in June of each year. The terms of officers shall commence as of July 1st following the election and shall continue through June 30th of the following year. In the first year of formation, the election of officers shall take place at the first regular meeting.

G. MEETINGS

1. Regul
ar meetings of the Transportation Advisory Commission shall be held on the 2nd Thur
sday of each month and shall begin at 7:00 PM.

2. If
the scheduled date of a regular meeting conflicts with a holiday period, staff shall reschedule that meeting to be conducted within that month.

3. Any
regular meeting may be adjourned, or any item on the agenda continued to the next or any subsequent regular meeting of the Transportation Advisory Commission by a majority of the quorum. If a meeting is adjourned or an item is continued to a special meeting to be held on a date other than a regular meeting date, the time, place, and date of such special meeting shall be specified in the motion for adjournment or continuance.

4. All
meetings are subject to the Brown Act as set forth in Government Code sections 54950 and following. Accordingly, all meetings shall be noticed and agendas for all meetings shall be prepared and posted in accordance with the current City Council meeting procedures.

5. All meet
ings shall be conducted in accordance with the current City Council meeting procedures.

6. All
agendas shall be prepared and distributed in accordance with City Council meeting procedures and the Brown Act.

H. FUNDING
Any
funding necessary for operation of the Transportation Advisory Commission shall be included in the City of Tracy budget, which shall be approved by the City Council.

I. ADMINISTRATIVE PROCEDURES AND POLICIES
Cit
y Boards and Commissions shall follow all applicable City fiscal administrative policies and procedures.

J. SUBCOMMITTEES
The
Transportation Advisory Commission may form ad hoc subcommittees in accordance with the Brown Act, and make appointments to that subcommittee, as it deems necessary.

A quorum of Transportation Advisory Commission members may not be appointed to ATTACHMENT "C"
serv
e on a single subcommittee. Before forming a subcommittee, the Transportation Advisory Commission shall establish a specific charge and term for the subcommittee.

K. STAFF LIAISON

The Transportation Advisory Commission shall have a staff liaison designated by the relevant City Department. The staff liaison shall:

1. Receive and record all exhibits, petitions, documents, or other material presented to the Transportation Advisory Commission in support of, or in opposition to, any question before the Transportation Advisory Commission.

2. Sign all meetings minutes and resolutions upon approval.

3. Prepare and distribute agendas and agenda packets.

L. ADOPTION

This document, as adopted and amended by City Council on June 5, 2007, by Resolution 2007-120, and shall serve as the Bylaws for the Transportation Advisory Commission.

ATTACHMENT "C"
RESOLUTION 2017063

AMENDING THE TRANSPORTATION ADVISORY COMMISSION BYLAWS TO CHANGE THE MAKEUP OF THE COMMISSION FROM NiNE TO SEVEN MEMBERS AND ADDING THE REQUIREMENT TO REPORT TO THE CITY COUNCi ANNUALY
WHEREAS The Transportation Advisory Commission is a nine seat advisory Commission serving at the pleasure of the City Council and WHEREAS Currently the Commission has nine members and has had difficulty maintaining more than seven members for the past several years and WHEREAS The City Council has also requested that each commission present an annual report to the Council and
WHEREAS To reduce the number of commissioners from nine to seven and add the requirement for an annual report the City Council would need to amend the Transportation Advisory Commissions Bylaws
NOW TNEREFORE BE IT RESOLVED That the City Council hereby approves amending the Transportation Advisory Commission bylaws as follows 1 The following subsection 13 is hereby added to section A entitied PURPOSE of the bylaws
13 Provide an annual report to the City Council on the Commissions efforts during the previous year
2 Subsection 1 of section C entitled MEMBERSHIP GUIDELINES of the bylaws is amended to read in its entirety as follows
1 Membership The Transportation Advisory Commission shall consist of seven 7 members Preferably the composition of a Transportation Advisory Commission will include seven 7 residents with desirable background and expertise in specified areas of public transportation such as the airport buses rail or bikes as outlined below
a Two commissioners with knowledge of or interest in general aviation or who possess an active piloYs license or with work experience in operations of a public airpot
b Two commissioners with knowledge of or interest in public transportation services or who are users of public transportation services such as bus andor rail
c Two commissioners with knowledge of or interest in bikeways or are active in the bicycling community
d One commissioner who is a community member at large
3 Section D entitled QUORUM is hereby amended to read in its entirety as follows t
A quorum of the Transportation Advisory Commission shall consist of a majority of the members four members A quorum must be present in order for the Transportation Advisory Commission to hold a meeting
Resolution 2017063

Page 2 ends

The foregoing Resolution 2017063 was passed and adopted by the Tracy City Councilonthe4 dayofApril 2017 bythefollowingvote

AYES COUNCIL MEMBERS DEMENT RANSOM YOUNG VARGAS RICKMAN

NOES COUNCIL MEMBERS NONE

ABSENT COUNCIL MEMBERS NONE

ABSTAIN COUNCIL MEMBERS NONE
MAYOR
fhi r
providingopportunitiesfor youthto leadandplanrecreationandcommunityservice activities, withemphasisonyouthdevelopment, to enhanceleadershipskillsandselfesteemof people, ages12to 18years; and
CityCouncil, Parksand
CommunityServicesCommission, , andstaffonmattersrelatingto thewelfareof youthin Tracy.

YouthAdvisoryCommission provideyouthwithanopportunity
to makea positiveimpactin theircommunities.

Participatein YouthAdvisoryCommissionActivities.

YouthCommissionersshallbe, ages14to 18yearsand/or attendinga schoolin grades9-12.

Theyouthmayresidewithinthejurisdictionof anyschooldistrictwithin the.

Adult
i. TheYouthAdvisoryCommissionshallincludea maximumof three (3) non-votingadultcommissioners.

ATTACHMENT "C"
ii. Theadultcommissionersshallresidewithinthejurisdictionof anyschool districtwith the

1. One (1) Commissionerwhois a memberof theSchoolDistrict.

Two (2) Commissionerswhoarecommunitymemberswhodesireto
workwith youth.

2. a. Eachmembershallservea 2- yearterm.

ATTACHMENT "C"
ATTACHMENT "C"
ATTACHMENT "C"

BYLAWSOFTHE

TRACYARTSCOMMISSION

CITYOF TRACY, CALIFORNIA
A. PURPOSE
Thepurposeof the seven-memberTracyArtsCommission (TAC) is to preserveand cultivatethe expressionandappreciationof the Artsin Tracy.

B. ROLEANDRESPONSIBILITIES
Theroleandresponsibilitiesof the TracyArtsCommissionareto:

1. Maintainthe CivicArt Plan, adoptedby CityCouncil (Resolution2003- 002) on January7, 2003andas CityCouncilmayrevisefromtimeto time; pursuantto current andfutureCounciladoptedpolicyto achievethe following;
a. Contributeto the qualityof life of the residentsof Tracythroughthe highquality civicspacesandaccessto a broadarrayof artisticexperiences; b. Expandthe knowledgeand understandingof the community’s historyand culture; c. Supportthe economicvitalityof the city throughincreasedpropertyvaluesand culturaltourism;
d. Reinforcedowntownas a culturaldestination;

2. Advise the City Councilon the subject of citywidepublicart; includingprivate developmentandpublic/privatepartnerships.

3. Fosterpublic/privatepartnershipsfor the creationof civicart;

4. Supportindividualsand organizationsinvolvedin the artsby promotingtheirevents, offeringresources, educationaltools, andadvisingon policiesto citycouncilthatwill supportthoseendeavors;

5. Committo nourishingartisticvision, honoringdiversity, supportingcreativityand promotingcooperativepartnershipsthroughthe re-grantingprogram;

6. Appointone commissionerfor a termof two years, to reviewapplications, interview applicants, andselectAdvisorycommitteemembersfor the GrandTheatreCenterfor the Artsadvisorycommittees;

7. Appointtwo commissioners, for a termof two years, to the Arts EducationAdvisory Committee (AEAC) to assiststaff in evaluatingandrankingproposalsfor the arts educationprogramming;

8. Appointtwo commissioners, for a termof two years, to the GrandGalleriesAdvisory Committee (GGAC) as advisoryto staff to assistin evaluatingandrankingproposals for the exhibitionseason;

9. Appointtwo commissioners, for a termof two years, to the GrandPresentingAdvisory Committee (GPAC), as advisoryto staff in evaluatingandrankingperformersfor the Presentingseason.

10. Advisestaff on approvedArtsCommissionactivitiessuchas Musicin the Parkand the MultiCulturalFestivalsubjectto the annualbudget;
ATTACHMENT "C"
C. MEMBERSHIPGUIDELINES

1. Membership. TheTracyArtsCommissionshallconsistof sevenmemberswhoreside withinthe citylimitsof Tracy, butnot Cityofficialsor employeesof the City. Preferably, the compositionof the TracyArtsCommissionwillincludesevenresidentswith desirablebackgroundandexpertisein the artsor relatedfield(s). a. Threemembers: artspatron, architectural/ engineering, historicalpreservation, and/or interior/graphicdesign.
b. One Member: ArtsAdministration/ artsorganization
c. OneMember: ArtsEducation/ Educationadministration
d. One Member: VisualArtsor Gallery/museumcurator
e. OneMember: PerformingArts/ Producer/presenting/agent Althougha diverseCommissioncompositionis preferred, the compositionof the Commissionmayvary basedon: (1) the applicantsavailableat anyonetimein the community; and (2) the communityinterest; therefore, flexibilityon compositionmaybe necessary.

2. Term. Eachmembershallservea four-yearterm; commencingin July.

3. Attendance. If a memberof the TracyArtsCommissionfailsto attendfourregular meetingsin anycalendaryear, his or her positionon the TracyArtsCommissionshall becomevacantandthe staff liaisonshallso informthe CityClerk. Thereareno excusedabsences, howevera Commissionermayrequesta leaveof absenceas outlinedin section4.

Forquorumconfirmation, a memberwhois unableto attenda meetingshallinformthe staffliaisondesignatedby the relevantCityDepartmentat least48 hoursbeforethe meeting.

ArtsCommissionSubcommitteemeetingsshallbe set as neededto complete assignments. Membersappointedto a Councilmandatedprogram(CivicArt, Re- Granting, GrandAdvisorySelection, GrandPresenting, GrandGalleriesandGrand ArtsEducation, arerequiredto attendall scheduledmeetings. Shoulda memberfail to attendthreesubcommitteemeetingsin a termyear, theywillbe removedfromthe subcommitteeandthe threeabsenceson the subcommitteewillcountas oneabsence on the regularscheduledcommissionmeetings.

4. Leave of Absence. A TracyArtsCommissionmembermaysubmita writtenrequest to the CityCouncilfor a leaveof absenceof up to sixmonthswhichmaybe approved at the CityCouncil’s discretion.

5. AB 1234 Training and Form 700 Completion. If a memberof the Parksand CommunityServicesCommissionwhois requiredto completeAB 1234training (State MandatedEthicsTraining) and/or is requiredto completeform700 (Statementof EconomicInterest), doesnot do so in a timelymanner, the CityClerk’s Officewillsend twowrittennoticesat least10 daysapartto the member. If the memberdoesnot completethe requiredtrainingand/or form, andprovideproofof complianceto the City Clerk’s Office, within30 daysof receivingthe secondwrittennotice, his or her appointmentwillautomaticallyterminate
ATTACHMENT "C"
Page3
D. QUORUM
A quorumof the TracyArtsCommissionshallconsistof a majorityof the members (four members). A quorummustbe presentin orderfor the TracyArtsCommissionto holda meeting.

E. OFFICERSAND DUTIES

1. The officers of the Tracy Arts Commission shall be:
a. The Chairpersonand
b. The Vice-Chairperson

2. TheChairpersonshall:
a. Presideat all regularand specialmeetings.
b. Ruleon all pointsof orderand procedureduringthe meetings. c. Providerecommendationsto staff liaisonregardingagendaitems.

3. TheVice-Chairpersonshallassumeall dutiesof the Chairpersonin his or herabsenceor disability.

4. In caseof the absenceof boththe ChairpersonandVice-Chairpersonfromany meeting, an ActingChairpersonshallbe electedfromamongthe memberspresent.

F. TERMS AND VACANCIES
Theofficerswillbe selectedby the membershipfor a one-yearterm. Theannualelection of officersshalltakeplaceat the lastregularmeetingin Juneof eachtermyear. The st
termsof officersshallcommenceas of July1 followingthe electionandshallcontinue th
throughJune30 of the followingyear. Officersmaybe re-electedfor no morethanone additionalsuccessivetermof office.

G. MEETINGS

1. Regularmeetingsof the TracyArtsCommissionshallbe heldon the secondTuesday of eachmonthandshallbeginat 7:00 p.m.

2. Ifthe scheduleddateof a regularmeetingconflictswitha holidayperiodor for other reasons, the TracyArtsCommissionshallreschedulethatmeetingto be conducted withinthatmonth.

3. Anyregularmeetingmaybe adjourned, or any itemon the agendacontinuedto the nextor anysubsequentregularmeetingof the TracyArtsCommissionby a majority of the quorum. If a meetingis adjournedor an itemis continuedto a specialmeeting to be heldon a dateotherthana regularmeetingdate, the time, place, anddateof suchspecialmeetingshallbe specifiedin the motionfor adjournmentor continuance.

4. All meetingsare subjectto the BrownAct as set forth in GovernmentCodesections 54950andfollowing. Accordingly, all meetingsshallbe noticedandagendasfor all ATTACHMENT "C"
Page4
meetingsshallbe preparedandpostedin accordancewiththe currentCityCouncil meetingprocedures.

5. All meetingsshallbe conductedin accordancewiththe currentCityCouncilmeeting proceduresandthe BrownAct.

6. All agendasshallbe preparedand distributedin accordancewithCityCouncil meetingproceduresandthe BrownAct.

H. ADMINISTRATIVEPROCEDURESANDPOLICIES
CityBoardsandCommissionsshallfollowall applicableCityadministrativepoliciesand procedures.

I. AD HOC SUBCOMMITTEES
TheTracyArtsCommissionmayformad hocsubcommitteesin accordancewiththe BrownAct, andmakeappointmentsto thatsubcommittee, as it deemsnecessary. A quorumof TracyArtsCommissionmembersmaynot be appointedto serveon a singlead hocsubcommittee. Beforeforminganad hocsubcommittee, the TracyArtsCommission shallestablisha specificchargeandtermfor the subcommittee.

TheCouncilhasoutlinedmandatedsubcommittees, whichincludethe following:

Committeeto Select Advisory Members: 1. Appointmentof onecommissioner, for a termof twoyears, to reviewapplications, interviewapplicants, andselectAdvisory committeemembersfor the GrandTheatreCenterfor the Artsadvisorycommittees; Arts Education Advisory Committee (AEAC): 2. Appointmentof twocommissioners, for a termof twoyears, to the (AEAC) to assiststaffin evaluatingandranking proposalsfor the artseducationprogramming;
Grand Galleries Advisory Committee (GGAC): 3. Appointmentof two commissioners, for a termof twoyears, to the (GGAC) as advisoryto staff to assist in evaluatingandrankingproposalsfor the exhibitionseason; Grand Presenting Advisory Committee (GPAC): 4. Appointmentof two commissioners, for a termof twoyears, to the (GPAC), as advisoryto staff in evaluatingandrankingperformersfor the Presentingseason.

Civic Art Subcommittee5.: Appointmentof threecommissioners, for a termof one year, to the CivicArt Subcommitteeto servethe TACandworkwithstaff. TheTAC advisedCityCouncilon priorityprojectsfor civicart, reviewscapitalimprovement projectsfor artisticenhancement, evaluatesartist’s conceptsandproposals, and servesas ambassadorsto the community-at-largeregardingthe CivicArt Program.

Re-Granting Subcommittee: 6. Appointmentof twocommissioners, for a termof one year, to the Re-GrantingSubcommitteeto serveon the grantselectionpanel.

Evaluatingthe applicantson the approvedcriteriaandmaderecommendationson fundingawardsto the ArtsCommission.

Giventhe largenumberof standingcommittees, the TracyArtsCommissionshalllimitthe numberof adhocsubcommitteesto onlythosereasonablynecessaryto increasethe efficiencyof conductingCommissionbusiness. Underthe BrownAct, ad hoc subcommitteesmayonlybe formedfor mattersof limitedduration, not likelyto reoccur andwithinthe subjectmatterjurisdictionof the TracyArtsCommission.

ATTACHMENT "C"
Page5
J. STAFFLIAISON
TheTracyArtsCommissionshallhavea staff liaisondesignatedby the relevantCity Department. Thestaff liaisonshall:

1. Receiveandrecordall exhibits, petitions, documents, or othermaterialspresentedto the Commissionin supportof, or in oppositionto, anyquestionbeforethe Commission.

2. Signall meetingsminutesandresolutionsuponapproval.

3. Prepareanddistributeagendasandagendapackets.

K. ADOPTION
CommunityCulturalArtsCommissionEstablishedby Ordinance501on March5, 1991 (Bylaws includedin Ordinance)
BylawsAdoptedby Resolution92-005on January7, 1992
Ordinance1031repealedOrdinance501on December4, 2001
Resolution2001-431Establishedthe CommunityCulturalArtsCommissionon December4, 2001
BylawsAmendedby Resolution2002-003on January15, 2002
BylawsAmendedby Resolution2006-291on December19, 2006
BylawsAmendedby Resolution2007-114on June5, 2007 (Namechangedto TracyArts Commission)
BylawsAmendedby Resolution2009-191on October20, 2009
BylawsAmendedby Resolution2009-198on October20, 2009
BylawsAmendedby Resolution2010-022on March2, 2010
Thisdocument, as adoptedandamendedby CityCouncilon October20, 2009, by Resolution2009-198, shallserveas the Bylawsfor the TracyArtsCommission.

On March2, 2010, the CounciladoptedResolution2010-022whichamendedthe bylaws of the City's variousboardsandcommissionsto includenewregulationrelatedto AB1234 trainingandForm700filings.

ATTACHMENT "C"

BYLAWS OF THE BUILDING BOARD OF APPEALS

CITY OF TRACY, CALIFORNIA
WHEREAS, Pursuant to Tracy Municipal Code Chapter 9. 44, the City Council has established a Building Board of Appeals for the purpose of hearing appeals by persons aggrieved by any administrative decisions in the application of the Uniform Housing, Building, Mechanical, Electrical, Plumbing, Abatement of Dangerous Buildings, and Fire Codes, or regulations adopted pursuant thereto; and
WHEREAS, the Building Board of Appeals desires to adopt Bylaws consistent with those set forth by the City Council for the operation of the Board and the conduct of its meetings; and WHEREAS, administrative appeal hearing procedures, adopted by the Building Board of Appeals pursuant to Tracy Municipal Code section 9. 44.040, shall prevail over any inconsistency with these Bylaws.

NOW, THEREFORE, unless otherwise provided in the Building Board of Appeals adopted hearing procedures, these Bylaws govern the conduct of the meetings and the transaction of its affairs.

A. PURPOSE
Pursuant to Tracy Municipal Code Chapter 9. 44, the City Council has established a Building Board of Appeals for the purpose of hearing appeals by persons aggrieved by any administrative decisions in the application of the Uniform Housing, Building, Mechanical, Electrical, Plumbing, Abatement of Dangerous Buildings, and Fire Codes, or regulations adopted pursuant thereto.

B. ROLE AND RESPONSIBILITIES
The role of the Building Board of Appeals is set forth in Tracy Municipal Code Chapter 9. 44.

C. MEMBERSHIP GUIDELINES

1. Membership. The Building Board of Appeals shall consist of five (5) members with qualifications established in the Tracy Municipal Code.

2. Term. Each member shall serve a four -year term.

3. Attendance. If a member of Building Board of Appeals fails to attend four regular meetings in any calendar year, his or her position on the Board shall automatically become vacant and the staff liaison shall so inform the City Clerk. Absences may not be excused; however, a Board member may request a leave of absence as outlined in these bylaws.

For quorum confirmation, a member who needs to miss a meeting shall inform the staff liaison designated by the relevant City Department at least 48 hours before the next meeting.

4. Leave of Absence. A member may submit a written request to the City Council, for a leave of absence of up to six - months, which may be approved in its discretion.

ATTACHMENT "C"
Bylaws of the Building Board of Appeals

Page 2 of 3 ends

D. QUORUM
A quorum of the Building Board of Appeals shall consist of a majority of the members (including any vacancies). A quorum must be present in order for the Building Board of Appeals to hold a meeting.

E. OFFICERS AND DUTIES

1. The officers shall be:
a. The Chairperson and
b. The Vice - Chairperson.

3. The Vice Chairperson shall assume all duties of the Chairperson in his or her absence or disability.

4. In case of the absence of both the Chairperson and Vice Chairperson from any meeting, an Acting Chairperson shall be elected from among the members present.

F. TERMS AND VACANCIES
The officers will be selected by the membership for a one -year term. The election of officers shall take place each year at annual meeting to be held within the first quarter of the calendar year. The terms of officers shall commence as of the date of that meeting and shall continue until the annual meeting in the following year.

G. MEETINGS

1. Other than the annual meeting, meetings of the Building Board of Appeals shall be as needed to hear appeals filed pursuant to Tracy Municipal Code Chapter 9. 44.

2. All meetings are subject to the Brown Act as set forth in Government Code sections 54950 and following. Accordingly, all meetings shall be noticed and agendas for all meetings shall be prepared and posted in accordance with the current City Council meeting procedures. All agendas shall be prepared and distributed in accordance with City Council meeting procedures and the Brown Act.

3. Except as otherwise provided in the Building Board of Appeals adopted hearing procedures, all meetings shall be conducted in accordance with the current City Council meeting procedures.

H. STATEMENTS OF ECONOMIC INTEREST ( Form 700)

1. The City Clerk's Office will monitor compliance with state and City Form 700 filing requirements.

ATTACHMENT "C"
Bylaws of the Building Board of Appeals

Page 3 ends

2. If a member of a City board, commission, or committee, who is required to file a Form 700, does not do so in a timely manner, the City Clerk's Office will send two written notices at least 10 days apart to the member.

3. If the member does not file a Form 700 with the City Clerk's Office within 30 days of receiving the second written notice, his or her appointment will automatically terminate.

I. FUNDING
Any funding necessary for operation of the Building Board of Appeals shall be included in the City of Tracy budget, which shall be approved by the City Council.

J. ADMINISTRATIVE PROCEDURES AND POLICIES
City Boards and Commissions shall follow all applicable City fiscal administrative policies and procedures.

K. STAFF LIAISON
The Building Board of Appeals shall have a staff liaison designated by the relevant City Department. The staff liaison shall:

1. Receive and record all exhibits, petitions, documents, or other material presented to the Board in support of, or in opposition to, any question before the Board.

2. Sign all meetings minutes and resolutions upon approval.

3. Prepare and distribute agendas and agenda packets.

L. ADOPTION
This document, as adopted and amended by City Council resolution, shall serve as the Bylaws for the Building Board of Appeals.

Established by Ordinance 602 on May 1, 1984
Amended by Ordinance 1111 on August 21, 2007
Amended by Ordinance 1157 on April 5, 2011
ca: dec:lww: BBA Bylaws (BBA 5- 25- 10).doc
ATTACHMENT "C"

ATTACHMENT B

February 7, 2023
Agenda Item 3.C

RECOMMENDA
TION
Staff recommends that the City Council 1) approve a resolution to form a standing committee of the Tracy City Council on Fiscal Sustainability (Committee) and 2) appoint, by motion, two members, to the Committee for an annual term, pursuant to the City Council’s appointment procedures.

EXECUTIVE SUMMARY
The City Council is being asked to cons ider t wo actions as part of this agenda item. The first is to consider a resolution to form a standing committee of the Tracy City Council on Fiscal Sustainability. The second is to appoi nt, by motion, two members to the Committee for an annual term, pursuant to the City Council’s appointment procedures. If appointed at this meeting, as recommended,
the terms of the two appointees would end when the City Council next makes new Council committee appointments, anticipated to occur in January 2024.

B
ACK

GROUND AND LEGISLATIVE HISTORY
On May 19, 2020, the City Council adopted the FY 2020-21 Operating and Capital Budget and formed an ad-hoc subcommittee of the City Council to discuss the fiscal health of the City in light of the pending COVID-19 pandemic (Resolution 2020-067). T he City Council approved the initial term of this ad-hoc subcommittee thr ough December 31, 2020 and then approved an extension of this subcommittee through December 31, 2021 (Resolution 2021-024). And a further extension through December 31, 2022 (Resolution 2021-189).

The
Brown Act, as further interpreted by the California Attorney General, limits ad hoc subcommittees to be of finit e duration (usually less than 12 months) and have jurisdiction over one-ti
me or non-recurring matters. As the City desires to continue having a two-membe r committee of the Tracy City Council to discuss ongoing fiscal matters, staff recommends the City Council adopt the proposed Resolution to for m a standing comm ittee of the City Council on Fiscal Sustainability. In addition, so as to convene such standing committee immediately, staff recommends the
City Council, by motion, appoint two members to the Committee for an annual term, pursuant to the City Council’s appointment procedures. If appointed at this meeting, as recommended, the terms of the two appointees would end when the City Council next makes new Council
committee appointments, anticipat ed to occur in January 2024 .

ANALYSIS AND DISCUSSION
The Tracy Fiscal Sustainability Com mittee would be a two-person standing committee and meet monthly for approximately one to two hours. The proposed committee would be subject to the Brown Act and meetings would thus be noticed and the public would have an opportunity to provide input. Special meetings would be scheduled as needed and the committee members would provide updates to the full Council on a quarterly basis.

Agenda Item 3.C
February 7, 2023

Page 2 ends

Role:
• The scope of
the Council Committee is to provide policy guidance as it relates to the development of a multi-year fiscal sustainability plan to address the City’s fiscal health and long-term planning.
• Approaches
may include but are not limited to budget strategies and fiscal policies, related revenue enhancement, cost containment, and use of other revenue sources such as Measure V and/or General Fund Reserves, keeping in mind planned recreational amenities.
• Fulfill
ing its fiduciary responsibilities to oversee the financial activities and financial condition of the City of Tracy and may include the review, discussion, and input on the following areas:
o Annual audits and compliance reporting
o Annual and quarterly budget updates, augmentations, and forecast o Long-term planning, including but not limited to,
 City revenues and expenses,
 deferred maintenance and capital planning,
 long-term liabilities, debt, and other finance planning • Budget approaches
that would require good faith bargaining with labor groups would not be discussed as part of the fiscal sustainability planning process. • Quarterl
y updates to the City Council will be scheduled on the regular agenda to inform Council members and the public of the Committee’s discussions and recommendations regarding the multi-year fiscal sustainability plan.
• The multi-year
fiscal sustainability plan will be presented to City Council by the Finance Director for their review and approval.

Makeup:

The makeup of this committee would consist of two (2) City of Tracy Council Members; appointed annually per the City Council’s appointment procedures. The committee would be supported by the Finance Department. It is recommended that the new Committee meet monthly and hold special meetings, as needed, to fulfill the role of the Committee.

Nece
ssity:

Found in many agencies around the country, a Fiscal Sustainability Committee acts in an advisory capacity on issues pertaining to financial impacts, sustainability practices, and legislative mandates that impact the fiscal health and the well-being of the City and its residents.

FISCAL IMPACT
Staff report for the Fiscal Sustainability Committee is supported through the Finance Department.

Agenda Item 3.C
February 7, 2023

Page 3 ends

COORDINATION
The Finance Department will be assigned as the Liaison t o the new Fiscal Sustainability Committee.

STRATEGIC PLAN
This agenda item supports the City’s Governance Strategic Priority, with Goal 2: Ensure short and long-term fiscal health.

RECOMMENDATION
Staff recommends that the City Council take the following action:

1. Adopt a resolution to form a standing committee of the Tracy City Council, the City Council Fiscal Sustainability Committee.

2. Appoint, by motion, two members to the Committee for an annual term, pursuant to the City Council’s appointment procedures.

Prepared
by: Karin Schnaider, Assistant City Manager
Review
ed by: Midori Lichtwardt, Assistant City Manager
Approved
by: Michael Rogers, City Manager

APPROVED AS TO FORM AND LEGALITY
________________________
CIT
Y ATTORNEY’S OFFICE
TRA

CY CITY COUNCIL
RESOLUTION NO. _____________
A RE

SOLUTION TO FORM A STANDING COMMITTEE OF THE TRACY CITY

COUNCIL ON FISCAL SUSTAINABILITY
WHER
EAS, The Tracy Municipal Code allows the City Council to establish advisory, ad hoc and standing committees, to address an explicit purpose or need, and WHER
EAS, Committees that are of limited duration (typically no more than a year), have a purview over non-recurring matters, and are comprised of less than three members are known as “ad hoc” committees and are not subject to the Ralph G. Brown Act’s requirements, and
WHER
EAS, On May 19, 2020, the City Council adopted Resolution 2020-067 that established the City Council Fiscal Sustainability Ad-Hoc Committee, effective July 1, 2020, through December 31, 2020, and
WHER
EAS, On March 9, 2021, the City Council adopted Resolution 2021-024 that essentially extended the City Council Fiscal Sustainability Ad-Hoc Subcommittee, effective January 1, 2021, through December 31, 2021, and further extended the Ad Hoc Subcommittee through December 31, 2022 through Resolution 2021-189, and WHER
EAS, The City desires to form a standing committee of the Tracy City Council to continue the work begun by the previous Ad Hoc Subcommittee, to be named the Fiscal Sustainability Committee (Committee); and
WHER
EAS, The proposed Committee will be subject to the Brown Act and meetings would thus be noticed, and the public would have an opportunity to provide input; and WHEREA
S, The scope of the Committee is to provide policy guidance as it relates to the development of a multi-year fiscal sustainability plan to address the City’s fiscal health and long-term planning, and
WHER
EAS, Approaches may include, but are not limited to budget strategies and fiscal policies, related revenue enhancement, cost containment, and use of other revenue sources such as Measure V and/or General Fund Reserves, keeping in mind planned recreational amenities, and
WHER
EAS, The Committee will aid the City Council in fulfilling its fiduciary responsibilities to oversee the financial activities and financial condition of the City of Tracy and its jurisdiction may include the review, discussion, and input on the following areas:

Resolution 2023-

Page 2 ends

o Annual
audits and compliance reporting
o Annual and quarterly budget updates, augmentations, and forecast o Long-term planning, including but not limited to,
 City revenues and expenses, including related fee and tax studies  deferred maintenance and capital planning
 long-term liabilities, debt, and other finance planning WHER
EAS, The Committee will not have jurisdiction to discuss any budget approaches that would require good faith bargaining with labor groups; and WHERE
AS, Members of the Committee will provide quarterly updates to the full City Council as part of the regular agenda, to inform City Council members and the public; and WHERE
AS, The multi-year fiscal sustainability plan will be presented to the City Council by the Finance Director for the body’s review and approval; and

WHEREAS, T
he makeup of the Committee would consist of two (2) City of Tracy Council Members that will be appointed annually per the City Council’s appointment procedures; and
WHER
EAS, The Committee would be supported by the Finance Department.

NOW
, THEREFORE, BE IT
RESOL
VED: The City Council of the City of Tracy hereby finds and determines that the foregoing recitals are true and correct and are hereby incorporated herein as findings and determinations of the City; and be it further
RESOL
VED: That the City Council of the City of Tracy hereby establishes a new standing committee of the City Council to be known as the Fiscal Sustainability Committee, consisting of two Council Members, to be appointed annually, pursuant to the City Council’s appointment practices; and be it further
RESOL
VED: The Committee’s roles and responsibilities shall be, generally, to guide the development of a fiscal sustainability plan for the City, and, more specifically, as set forth in this Resolution; and be it further
RESOL
VED: That the Committee will establish its bylaws; and be it further RESOL
VED: The Committee shall have a regular meeting once a month, and may schedule additional special meetings, as needed, with all meetings to be noticed and conducted in compliance with the Brown Act, the City Council’s Rules of Conduct, and Meeting Protocols and Rules of Procedure; and be it further RESOL
VED: The Committee shall convene soon after appointments are made.

Resolution 2023-

Page 3 ends

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

The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on the 7th day of February 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:

___________________________________________
NANCY D. YOUNG
Mayor of the City of Tracy, California

ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California

February 7, 2023
Agenda Item 3.D

RECOMME

NDATION
Staff recommends that the City Council adopt a resolution approving a Professional Services Agreement with: (1) Tripepi Smith and Associates, Inc. for the performance of community engagement services related to the creation of City Council Districts for a term of ten (10) months and in a total not to exceed amount of $90,000; and 2) National Demographics Corporation for the performance of demographic and mapping services related to the creation of City Council Districts, for a term of ten (10) months and in a total not to exceed amount of $60,000.

EXECUTIVE SUMMARY
The City of T racy (City) elects members to t he City Council through at-large elections. The California Voting Right Act (CVRA), which was signed into law in 2002, prohibits an at-large m
ethod of election that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election. Cities across the State have adopted a district-based election process to better comply with the CVRA.

To advance the City’s implementation, voluntarily, of a district-based election process, staff is recommending that the City Council adopt the proposed Resolution to approve professional services agreements for a joint consultant team that would provide demographic and mapping services as well as community engagement and outreach assistance for the creation of four Council Districts in the City. Specifically, the Professional Services Agreements are with Tripepi Smith and National Demographics Corporation (NDC Research) (see Attachment No. 1 and Attachment No. 2) for a not to exceed amounts, respectively, of $90,000 and $60,000.

Together, Tripepi Smith and NDC Research will provide consultive services to facilitate and provide a high level of City Council and community engagement that will address such issues as website content, interactive maps, community generated maps, media relations, stakeholder outreach, multilingual outreach material development, public meetings/workshop participation of stakeholders, and tracking of results related to the establishment of election districts in the City of Tracy.

BACKGROUND AND LEGISLATIVE HISTORY
The CVRA, which was signed into law in 2002, prohibits an at-large method of election that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election. The law’s intent is to expand protections against vote dilution over those provided by the Federal Voting Rights Act of 1965 (FVRA). Cities across the State have decided to move towards a “district-based” model to be better compliant with the CVRA requirements.

Cities that do not change their election models have increasingly been facing legal challenges to their “at-large” systems of electing city council members. Almost all cities that have received a legal challenge settled claims out of court by agreeing to voluntarily shift to district-based elections. Those that have defended CVRA challenges in courts have ultimately either voluntarily adopted, or have been forced to adopt, district-based elections. The CVRA grants a prevailing plaintiff the right to recover reasonable attorneys’ fees and expert witness fees. This Agenda Item 3.D
February 7, 2023

Page 2 ends

has resulted in substantial payments of money in attorneys’ fees by cities that have chosen to litigate the CVRA challenge.

On September 28, 2016, the Governor signed AB 350 into law. This legislation attempts to provide a “safe harbor” from CVRA litigation for cities that choose to voluntarily transition to a district-based election system. If a city receives a demand letter, the city is given 45 days of protection from litigation to assess its situation. If within 45 days a city adopts a resolution declaring the Council’s intent to transition from at-large to district-based elections, outlining specific steps to be undertaken to facilitate the transition, and estimating a time frame for action, then a potential plaintiff is prohibited from filing a CVRA action for an additional 90-day period.

The maximum number of days under the safe harbor is 135 days from the time of the letter to the time of the map adoption, which can be limiting to the public input process. Thus, the legislation provides time for the city to assess and implement a transition to a district-based system before a lawsuit may be filed. The legislation sets out a number of steps a city must take in the effort to assess and transition to a district-based election system, which is laid out in further detail below. Under AB 350, a city’s liability is capped at $30,000 if it follows this process after receiving a threat, and the plaintiff must show financial documentation that these costs are justified.

The City of Tracy has a Council-Manager form of government. The City Council consists of the Mayor and four Council Members. Currently the entire City Council is elected at-large. The Mayor is elected to a two-year term with a limit of two terms. The four City Council Members are elected to four-year terms with a limit of two terms. Elections are held on a four-year cycle and Council Members are staggered with the Mayor and two Council Members coming up for vote at a given cycle.

At the December 6, 2022, City Council meeting, Council Member Arriola requested that staff bring back a resolution with the intention of forming election districts. This item was seconded by Mayor ProTem Vargas.

ANALYSIS AND DISCUSSION
On Dec
ember 1, 2022, notices for services were advertised on the City’s Website through the Request for Proposals (RFP) process. The deadline for responses was December 15, 2022.

Through the RFQ, the City sought proposals for the assistance in the design and execution of a districting process that will provide a high level of City Council and community engagement that will address such issues as website content, interactive maps, community generated maps, media relations, stakeholder outreach, multilingual outreach material development, public meetings/workshop participation of stakeholders, and tracking of results. This would include the minimum number of required public hearings as well as townhall style workshops/trainings to solicit public feedback, including the opportunity for the public to create draft maps for consideration.

Mapping
Criteria:

1. Equal/
Balanced Population

2. Complies with Federal and State Voting Rights Act

3. Contiguity

4. Compactness

5. Respect for Communities of Interest
Agenda Item 3.D
February 7, 2023

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The City anticipates completion of the scope of work laid out in this Request for proposals (RFP) within a 12-month timeframe or less.

A qualification-based process considered the following criteria when evaluating the proposals and int
erviewing the shortlisted candidates:
• Previ
ous experience moderating public meetings;
• Outreach experience;
• Nonpartisan approach;
• Experience with diverse communities and populations;
• Experience districting for varied political or special interest groups; and • Experience working in communities where districting may have been controversial.

The City
received three inquiries to its solicitation notice and qualifications were received by three firms:

Tripepi Smith/ NDC Research;
Redistricting Inc; and
Wagman Strategies.

The City
has requested an engagement that provides a high level of City Council and community engagement. Tripepi Smith and NDC Research co-bid on the project and staff recommends that they be selected amongst the bidders for this work. Tripepi Smith specializes in the community engagement and NDC Research specializes in the demography and mapping services; combined they provided the most comprehensive proposal for demography, mapping, and community outreach. Tripepi Smith and NDC Research are experienced in facilitating robust processes that include dedicated websites, interactive maps, community-generated maps, media relations, stakeholder outreach, multilingual outreach material development, public meetings/workshops, and tracking of results.

Public
Hearings/Meetings:

The distr
ict process will be transparent, accessible, and participatory to all residents of Tracy.

Tripepi Smith and NDC Research will advise the City on the creation of a districting process schedule, including a minimum of 5 hearings (though the 4th and 5th may be held at the same Council meeting). The first two hearings will typically present information on the overall process and solicit input on communities of interest, the third hearing will typically present draft maps, and the fourth and fifth hearings will typically focus on the selection of a final map. In addition, the scope will include four community townhall meetings to facilitate the public participation.

Their sc
ope of work includes:
• Works
hops (In-Person or Virtual);
• Press Release/News Article for Website;
• Creation and Updates to Bilingual Redistricting Webpage/Website; • Social Media Support, including mailers; and
• Community Group Outreach.

Agenda Item 3.D
February 7, 2023

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Draft Mapping Services:

Tripepi Smith will publicize draft map due dates and promote community participation to solicit draft maps from the public. A professional demographer has been hired by the City to cr eate proposed district boundaries. A public electronic “tool kit” will be available for the public to draw and submit maps. Residents will be able t o provide input on boundaries, suggested criteria for creating boundaries, beyond what is legally required. Both Tripepi Smith and NDC Research will proactively address any community members’ questions about the website, mapping tools, and the district formation process.

FISCAL IMPACT
Funding for these agreements has been submitted for allocation in the second quarter budget augmentations. Tripepi Smith and NDC Research proposals include the required public hearings as well as five in-person community workshops; amount not to exceed $90,000 and $60,000 respectively.

Tripepi Smith Compensation
Expansive Engagement Package $56,926.00
Project Website w/ Year 1 Hosting $4,110.00
$3,500 Website & Hosting $610
In-Person Workshop (First) $8,660.00
In-Person Workshop (Additional) $7,640.00
Animated Education Video $2,850.00
Contingency Amount* $9,814.00
Total $90,000.00
NDC Research Compensation
Project Fee $24,500.00
In-Person Workshop $13,750.00
Hearing $11,000.00
Online and Paper Mapping Tools $4,500.00
Contingency Amount* $6,250.00
Total $60,000.00
PUBL

IC OUTREACH/ INTEREST
Staf
f posted the Request for Qualifications on the City’s website.

COORDI
NATION
Cit
y Attorney, City Manager, Assistant City Managers, Assistant to the City Manager, and the Public Information Officer will work in conjunction with the consultants on the districting process.

Assistant City Manager, Karin Schnaider has been assigned as the project lead.

Agenda Item 3.D
February 7, 2023

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CEQA DETERMINATION
This item is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., 'CEQA') and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.; 'CEQA Guidelines") in that it is not a "project" for purposes of CEQA (as defined by CEQA Guidelines §15378). Specifically, this item proposes an organizational or administrative activity that will not result in a direct or indirect physical change in the environment (CEQA Guidelines §§15378(b)(5)). Further, even if this item was deemed a "pro
ject," and therefore subject to CEQA, the item would be exempt as it can be seen with certainty that there is no possibility that the ac tivity in question may have a significant effect on the environment (CEQA Guidelines §15061(b)(3)).

STRATEGIC PLAN
This action addresses and contributes to Council’s Strategic Priority of Governance, Goal No. 1 “Model Good Governess, Teamwork, and Transparency”.

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council adopt a resolution Approving a Professional Services Agreement with: (1) Tripepi Smith and Associates, Inc. for the performance of community engagement services related to the creation of City Council Districts for a term of ten (10) months and in a total not to exceed amount o f $90,000; and 2) National Demographics Corporation for the performance of demographic and mapping services related to the creation of City Council Districts, for a term of ten (10) months and in a total not to exceed amount of $60,000.

Prepared by: Karin Schnaider, Assistant City Manager
Approved by: Michael Rogers, City Manager

ATTACHMENTS
Attachment A: Professional Services Agreement – Tripepi Smith Attachment B: Professional Services Agreement – NDC Research City of Tracy -- Professional Services Agreement with Tripepi Smith and Associates, Inc.

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CITY OF TRACY

PROFESSIONAL SERVICES AGREEMENT WITH
Tripepi Smith and Associates, Inc. – Demographic And Mapping Services, and Outreach Assistance for The Districting Process
This
Professional Services Agreement (Agreement) is entered into between the City of Tracy, a municipal corporation (City), and Tripepi Smith and Associates, Inc., a corporation (Consultant). City and Consultant are referred to individually as “Party” and collectively as “Parties.” Recit
als
A. City des
ires to retain Consultant to perform Demographic and Mapping Services, and Outreach Assistance for The Districting Process; and
B. On Dec
ember 1st, 2022, the City issued a Request for Qualifications (RFQ) for Demographic and Mapping Services, and Outreach Assistance for The Districting Process. On December 15th, 2022, Consultant submitted its proposal to the City. City has determined that Consultant possesses the skills, experience and certification required to provide the services.

C. Aft
er negotiations between the City and Consultant, the Parties have reached an agreement for the performance of services in accordance with the terms set forth in this Agreement.

D. This
Agreement is being executed pursuant to Resolution No. ____ approved by Tracy City Council on ______, 2023.

Now
therefore, the Parties mutually agree as follows:

1. Scope of Work. Consultant shall perform the services described in Exhibit “A” attached and incorporated by reference. The services shall be performed by, or under the direct supervision of, Consultant’s Authorized Representatives: Ryder Todd Smith and Jennifer Nentwig. Consultant shall not replace its Authorized Representatives, nor shall Consultant use or replace any subcontractor or subconsultant, without City’s prior written consent. A failure to obtain the City’s prior written consent for any change or replacement in personnel or subcontractor/subconsultant may result in the termination of this Agreement.

2. Time of Performance. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Consultant shall begin performance, and shall complete all required services no later than the dates set forth in Exhibit “A.” Any services for which times for performance are not specified in this Agreement shall be started and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Consultant. Consultant shall submit all requests for time extensions to the City in writing no later than ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. City shall grant or deny such requests at its sole discretion.

2.1 Te
rm. The term of this Agreement shall begin February 13, 2023and end December 31, 2023, unless terminated in accordance with Section 6.

3. Compensation . City shall pay Consultant in accordance with Exhibit “B,” attached and incorporated by reference for services performed under this Agreement.

ATTACHMENT A
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3.1 Not to Exceed Amount. Consultant’s total compensation under this Agreement shall not exceed $90,000. Consultant’s fixed-price package rates and billing rates shall cover all costs and expenses for Consultant’s performance of this Agreement. No work shall be performed by Consultant in excess of the total compensation amount provided in this section without the City’s prior written approval.

3.2 Invoices. Consultant shall submit invoices to the City describing the work or task performed. Consultant’s bill shall include a brief description of the services performed and/or the specific milestone in the Payment Schedule to which it relates, the date the services were performed, and a description of any reimbursable expenditures as detailed in Compensation details set forth in Exhibit “B.”

3.2.2 Consultant’s failure to submit invoice(s) in accordance with these requirements may result in the City rejecting said invoice(s) and thereby delaying payment to Consultant.

3.3 Payment. Within 30 days after the City’s receipt of invoice(s), City shall make payment to the Consultant based upon the services described on the invoice(s) and approved by the City.

4. Indemnification. Consultant shall, to the fullest extent permitted by law, indemnify, defend (with independent counsel approved by the City), and hold harmless the City from and against any claims arising out of Consultant’s performance or failure to comply with obligations under this Agreement, except to the extent caused by the sole, active negligence or willful misconduct of the City.

In
this section, “City” means the City, its officials, officers, agents, employees and volunteers; “Consultant” means the Consultant, its employees, agents and subcontractors; “Claims” includes claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses) and any allegations of these; and “Arising out of” includes “pertaining to” and “relating to”.

(The duty of a "design professional" to indemnify and defend the City is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, under Civ. Code § 2782.8.)

The provisions of this section survive completion of the services or the termination of this Agreement, and are not limited by the provisions of Section 5 relating to insurance.

5. Insurance. C onsultant shall, throughout the duration of this Agreement, maintain insurance to cover Consultant, its agents, representatives, and employees in connection with the performance of services under this Agreement at the minimum levels set forth herein.

5.1 Commercial General Liability (
with coverage at least as broad as ISO form CG 00 01
01 96) “per occurrence” coverage shall be maintained in an amount not less than $4,000,000 general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.

5.2 Automobile Liability Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and non-owned autos (Code 9).

5.3 Workers’ Compensation coverage shall be maintained as required by the State of California.

5.4 Professional Liability “claims made” coverage shall be maintained to cover damages that may be the result of errors, omissions, or negligent acts of Consultant in an amount not less than $1,000,000 per claim.

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5.5 Endorsements. Consultant shall obtain endorsements to the automobile and commercial general liability insurance policies with the following provisions:

5.5.1 The City (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional “insured.”

5.5.2 For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City. Any insurance maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it.

5.10 Consultant’s Obligation. Maintenance of insurance by the Consultant as specified in this Agreement shall in no way be interpreted as relieving the Consultant of any responsibility whatsoever (including indemnity obligations under this Agreement), and the Consultant may carry, at its own expense, such additional insurance as it deems necessary. Failure to provide or maintain any insurance policies or endorsements required herein may result in the City terminating this Agreement.

6. Termination. The City may terminate this Agreement by giving ten days’ written notice to Consultant. Upon termination, Consultant shall give the City all original documents, including preliminary drafts and supporting documents, prepared by Consultant for this Agreement. The City shall pay Consultant for all services satisfactorily performed in accordance with this Agreement, up to the date notice is given.

7.1 Each Par ty shall designate a senior management or executive level representative to negotiate the dispute;

7.2 The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.

7.5 The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

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8. Ownership of Work. All original documents prepared by Consultant for this Agreement, whether complete or in progress, are the property of the City, and shall be given to the City at the completion of Consultant’s services, or upon demand from the City. No such documents shall be revealed or made available by Consultant to any third party without the City’s prior written consent.

9. Independent Contractor Status. Consultant is an independent contractor and is solely responsible for the acts of its employees or agents, including any negligent acts or omissions.

Consultant is not City’s employee and Consultant shall have no authority, express or implied, to act on behalf of the City as an agent, or to bind the City to any obligation, unless the City provides prior written authorization. Consultant is free to work for other entities while under contract with the City.

Consultant, and its agents or employees, are not entitled to City benefits.

To City: To Consultant:

Cit
y of Tracy Tripepi Smith and Associates, Inc.

Karin Schnaider, Assistant City Manager Ryder Todd Smith, President 333 Civic Center Plaza PO Box 52152
Tracy, CA 95376 Irvine, CA 92619
Wit
h a copy to:

City Attorney
333 Civic Center Plaza
Tracy, CA 95376

13. Miscellaneous.

13.1 S tandard of Care. Unless otherwise specified in this Agreement, the standard of care applicable to Consultant’s services will be the degree of skill and diligence ordinarily used by reputable City of Tracy -- Professional Services Agreement with Tripepi Smith and Associates, Inc.

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professionals performing in the same or similar time and locality, and under the same or similar circumstances.

13.2 Amendments. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.

13.3 Waivers. 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.

13.4 Assignment and Delegation. Consultant may not assign, transfer or delegate this Agreement or any portion of it without the City’s written consent. Any attempt to do so will be void.

City’s consent to one assignment shall not be deemed to be a consent to any subsequent assignment.

13.6 Compliance with the Law. Consultant shall comply with all applicable local, state, and federal laws, whether or not those laws are expressly stated in this Agreement.

13.6.1 Prevailing Wage Laws. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates; employment of apprentices (§ 1777.5), certified payroll records (§1776), hours of labor (§1813 and §1815), debarment of contractors and subcontractors (§1777.1) and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed under this Agreement are part of a “public works” or “maintenance” project, as defined in the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. These prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents, harmless from any and all claims, costs, penalties, or interests arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

13.6.2 No n -discrimination. Consultant represents and warrants that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age.

Consultant shall also comply with all applicable anti-discrimination federal and state laws, including but not limited to, the California Fair Employment and Housing Act (Gov. Code 12990 (a-f) et seq.).

13.7 Business Entity Status. Consultant is responsible for filing all required documents and/or forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, to the extent such requirements apply to Consultant. By entering into this Agreement, Consultant represents that it is not a suspended corporation. If Consultant is a suspended corporation at the time it enters this Agreement, City may take steps to have this Agreement declared voidable.

13.9 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.

13. 10 Construction of Agreement. Each Party hereto has had an equivalent opportunity to participate in the drafting of this Agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting Party shall not apply hereto.

13.12 Controlling Provisions. In the case of any conflict between the terms of this Agreement and the Exhibits hereto, and Consultant’s proposal (if any), the Agreement shall control. In City of Tracy -- Professional Services Agreement with Tripepi Smith and Associates, Inc.

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the case of any conflict between the Exhibits hereto and the Consultant’s proposal (if any), the Exhibits shall control.

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The Parties agree to the full performance of the terms set forth here.

City of Tracy

_____________________________
By: Nancy D. Young
Title: Mayor
Date: _______________________

Attest:

____________________________
Adrianne Richardson, City Clerk

Approved as to form:

_________________________________
Bijal M. Patel, City Attorney
Tripepi Smith and Associates, Inc.

________________________________
By: Ryder Todd Smith
Title: President
Date: _______________________

Federal Employer Tax ID No. 73-1642614

________________________________
By: Nicole Smith
Title: Chief Financial Officer
Date: _______________________

Exhibits:

A Scope of Work, including personnel and time of performance (See Agreement sections 1 and 2.)
B Compensation (See Agreement section 3.)

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EXHIBI
T A - Scope of Work
Collaboration with Expert Consultants
Consultant will join all planning calls with the legal counsel and National Demographics Corporation (NDC). Consultant will handle all the meeting/workshop planning and facilitation services, graphic design, and all other outreach. At the workshops Consultant will facilitate, NDC will present; at times, the special legal counsel will attend the meetings. Once the process shifts to formal hearings before the City Council, NDC and the special legal counsel will be present. In an expansive outreach process, Consultant can be present at one hearing by the City Council to attest to the outreach process or report on the facilitated sessions that Consultant led.

Project & Outreach Planning
Consultant, in partnership with NDC, will conduct initial project and outreach planning sessions as well as regular project calls to execute project management of this work. Consultant will facilitate all project calls for this engagement and create a living agenda to manage the efforts and timing between NDC, legal counsel, the City and Consultant. After the initial set-up, these meetings will be biweekly from the beginning of the outreach process to the map adoption. The online video calls could last up to an hour and will have a detailed agenda and notes. After each call, Consultant will send a summary email about decisions made on the phone call and related action steps for all involved parties. Call content will focus on action steps, timeline, coordination with City staff and verifications of action steps with the legal and demographic experts.

Public Hearings/Meetings
Consultant and NDC will advise the City on the creation of a districting process schedule, including a minimum of 5 hearings, the 4th and 5th may be held at the same Council meeting. The first two hearings will present information on the overall process and solicit input on communities of interest, the third hearing will present draft maps, and the fourth and fifth hearings will focus on the selection of a final map.

Public Engagement and Solicitation
Workshops (In-Person or Virtual): Consultant will coordinate with City staff to identify venues and dates to host workshops (either in-person or virtual) to seek public feedback on new district lines and provide information on map-drawing tools. Consultant will collaborate on development of an agenda, facilitate workshops, document community feedback and promote positive engagement around the process. Additionally, Consultant will provide graphic design services to create bilingual PowerPoint decks for the presentations and flyers for attendees. If needed, Consultant will coordinate simultaneous translation with local partners or City contractors.

Consul
tant can facilitate optionally recording the meetings and provide videos, with any relevant slides interspersed and closed captions. These videos will fulfil the requirement to post a summary of the meeting.

Press
Release/News Article for Website: Consultant will draft bilingual press releases throughout the project to ensure local media aids the efforts to reach City residents. Consultant will identify media City of Tracy -- Professional Services Agreement with Tripepi Smith and Associates, Inc.

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contacts, collaborate with City staff to further expand the media list, and ensure Consultant reaches ethnic media. For key media, Consultant will follow up with phone calls. Possible press releases:
• Districting kickoff announcement,
• Announcements on venues and times for meetings and workshops, • Announcement of mapping resources and tools,
• Announcement about the Council’s hearings on the draft maps, • Announcement on the adoption of new district lines.

Creat
ion and Updates to Bilingual Redistricting Webpage/Website: Consultant will create a separate bilingual districting website or a webpage on the City’s website in coordination with the demographer. The website/webpage would launch in the winter of 2023 with information from the Secretary of State about districting and a preview of the process in the City. Consultant will update the website/webpage throughout the districting process with resources for the community, including all required information about meetings and draft maps.

Social Media Support: Consultant will create bilingual copy and graphics for one social media post about the districting process per week throughout the engagement. Consultant anticipates this outreach lasting 12 months or less, from January 2023 to fall 2023. Consultant will work with the City to boost posts (paid advertising) on Facebook and Instagram to help spread the word about meetings and solicit public commentary.

Comm
unity Group Outreach: Consultant will contact a list of community groups to increase engagement on the project. Particular attention will be paid to locate and contact groups representing or connected to hard-to-reach populations in the City. The outreach work will be thoroughly documented to create a record of the outreach to these groups.

Draft Mapping
Consultant will publicize draft map due dates and promote community participation to solicit draft maps from the public.

Consul
tant will proactively address any community members’ questions about the website, mapping tools, and the district formation process.

Map Review and Direction
Consultant will post draft maps to the project website. Draft maps will be posted in both PDF format (for printing) and on an interactive review map.

Map Adoption
Consultant will post the final map and accompanying demographic information to the project website, as well as develop and publish social media and a press release with the final map announcement.

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Tracy City CouncilFebruary 7, 2023

Tracy City Council
February 7, 2023