Agenda — Willits City Council, September 27, 2023

111 E. Commercial Street
Willits, California 95490
Tel | 707.459.4601
Fax | 707.459.1562
www.cityofwillits.org

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WILLITS CITY COUNCIL
AGENDA
SEPTEMBER 27, 2023 | 6:30 PM | CITY COUNCIL CHAMBERS

1. OPENING MATTERS
a. Call to Order. | b. Pledge to Flag. | c. Roll Call.

2. PUBLIC COMMUNICATIONS
The City Council welcomes participation in its meetings. Comments shall be limited to three (3) minutes per person so that everyone has an opportunity to address the Council. To expedite matters and avoid repetition, whenever any group of persons wishes to address the Council on the same subject matter, the Mayor may request the group appoints a spokesperson. This item is limited to matters under the jurisdiction of the City Council, which are not on the posted agenda. Public criticism of the City Council, Commission, Boards and Agencies will not be prohibited. The City Council will take no action.

3. PUBLIC MATTERS
None presented.

4. ENACTMENT OF ORDINANCES
None presented.

5. CONSENT CALENDAR
The City Council considers matters listed under the Consent Calendar as routine. The Council will take action with a single motion and roll call vote. A Councilmember may request the removal of an item(s) from the Consent Calendar for separate discussion and subsequent action.

The following items as presented are before the City Council for approval or denial:
a. City Council Minutes:
i. September 13, 2023

6. MONTHLY ACTIVITY REPORTS
Matters that do not require action by the City Council but are of public interest. a. Business License Activity Report – August 2023.
b. Building Permit Activity Report – August 2023.

7. COMMISSIONS, AGENCIES AND AUTHORITIES
The Willits City Council meets concurrently as the City of Willits Planning Commission & City of Willits Successor Agency.

8. CITY MANAGER REPORTS AND RECOMMENDATIONS
a. To Approve a Proposal to Retain EBA Engineering for Hydrologic Services to Conduct a Limited Arsenic Soil and Groundwater Study.
b. Introduction of Walter Kolon as the new Services and Facilities Director. c. Verbal Reports – No Action.

Willits City Council Agenda –September 27, 2023.

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i. Options to encourage and/or assist property owners to replace aging water supply lines to lessen brown water occurrences.

9. DEPARTMENT RECOMMENDATIONS (ACTION ITEMS)
a. Adopt a Resolution Awarding a Contract to DMR Builders, for Rodeo Grounds Bathroom and Concession Stand Repair Project 2023-06, for a total amount not to exceed of $248,848.00 and Authorize the City Manager to Execute Contract Documents and Change Orders up to 10-Percent of the Total Amount of Construction.

Presenting staff member: Davey Bowles, Building Official. b. Discussion and Possible Action on the Caltrans Proposed Willits Main Street Safety Enhancement Project.

Presenting staff member: Dusty Duley, Community Development Director c. Adopt a Resolution Approving a Contract with Avenu Insights & Analytics to Provide Compliance Auditing and Facilitate the Collection of Business License Renewal Services.

Presenting staff member: Manuel J. Orozco, Finance Director

10. DEPARTMENT MONTHLY REPORTS – (presented at the second meeting of each month) a. Airport. b. Community Dev. c. Finance. d. Police Dept. e. Services & Facilities. f. Utilities.

11. CITY COUNCIL ANNOUNCEMENTS, COMMUNICATIONS AND REPORTS

12. GOOD & WELFARE

13. CLOSED SESSION NOTICE
a. Conference with legal counsel - existing litigation (Govt C §54956.9 (d)(1)), Natalie Higley v.

City of Willits, et al, Mendocino County Superior Court, case no: 23CV00498. b. Public Employee (City Manager) – review and assessment regarding comments received from Willits Police Officer Association (WPOA). (Govt §54957).

14. ADJOURNMENT
Right to Appeal - Persons who are dissatisfied with the decisions of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the Code of Civil Procedure, which generally limits to 90- days, the time within an individual and/or entity may judicially challenge the decisions of the City Boards and Agencies.

I hereby certify under penalty of perjury under the laws of the State of California that I posted the foregoing Agenda on the bulletin board at the main entrance of the City of Willits City Hall, located at 111 East Commercial Street, Willits, California, not less than 72 hours prior to the meeting set forth on this Agenda.

Dated this 23rd day of September 2023.

Delores Pedersen, City Clerk
Americans with Disabilities Act (ADA) Compliance
If you need assistance to attend or participate in a City Council meeting, please contact the City Clerk’s office at (707) 459-7121 or Fax (707) 459-1562. Notification at least 48-hours prior to the meeting will assist the City Clerk in assuring the implementation of reasonable accommodations to provide accessibility to the meeting. Our meeting room is wheelchair accessible and ADA parking is available.

Additional Meeting Information for Interested Parties
Materials related to an item on this Agenda submitted to the Willits City Council, Planning Commission, or Community Development Agency after distribution of the agenda packet are available for public inspection at City Clerk’s office at 111 E. Commercial Street, Willits, during normal business hours, Monday through Thursday 9 AM to 5:30 PM. 111 E. COMMERCIAL STREET
WILLITS, CALIFORNIA 95490
(707) 459-4601 TEL
(707) 459-1562 FAX

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WILLITS CITY COUNCIL

MINUTES
WEDNESDAY, SEPTEMBER 13, 2023
Mayor Kanne called a regular meeting of the City Council to order at 6:30 p.m., in Council Chambers. The meeting was preceded by the pledge to the flag.

Roll Call: Councilmembers Madge Strong, Larry Stranske, Saprina Rodriguez, Vice Mayor Gerardo Gonzalez and Mayor Greta Kanne were present.

Also present were staff members: Brian Bender, City Manager; Cathy Moorhead, Assistant City Manager; Jim Lance, City Attorney; Dusty Duley, Community Development Director; Manuel Orozco, Finance Director; Karen Stevenson, Human Resources Manager, James Conner, Interim Police Chief; and Delores Pedersen, City Clerk.

2. Public Communications
 Community members expressed their concerns about the Alley Abandonment Process and a neighbors’ intent of taking possession of the alley behind the homes on W. Oak Street.

3. Public Matters
a. Updates from – Mendocino County Third District Supervisor John Haschak  Update on the County Deficit. This year the County had to utilize seven million dollars in one-time only funds to balance their budget and it is expected that next year they would need ten million dollars, they have been looking for alternate ways to avoid this. One way to attempting to shrink the footprint of the County’s buildings because the County has not been able to maintain them as well as they should be. The County is also exploring the option of possibly renting some of their buildings for events, one being the Veteran’s Hall in Willits. The County has moved the Cannabis Department from the Willits Justice Center back to Ukiah because it is more efficient. The Justice Center will now have the County Probation Department and Social Services using some of the space upstairs. Councilmember Rodriguez asked if the County is interested in selling the Justice Center? To Councilmember Rodriguez, District Supervisor Haschak responded that he does believe there has been conversations between the County Executive Office and the Willits City Manager. Mayor Kanne asked if the County was looking to do the same with the Mendocino County Museum? Supervisor Haschak stated that they are looking for someone that would manage the building.
 The Mendocino County Board passed a proclamation at their meeting on September 12, 2023, recognizing September 23rd as Nicole Mann Day. Nicole Mann is from Covelo and is the first Native American Astronaut.

4. Enactment of Ordinances
None presented.

5. Consent Calendar
The following item(s) are recommended for approval or denial, as follows:
a. City Council Minutes:

Willits City Council Minutes of September 13, 2023 Page 2 of 4 i. August 23, 2023.

Public Comment: None presented.

Moved by Gonzalez/Seconded by Stranske and carried unanimously to approve Consent Calendar item(s) (a).

6. Monthly Activity Reports
Matters that do not require action by the City Council but are of public interest.

None presented.

7. Commissions, Agencies and Authorities
None presented.

8. City Manager Reports and Recommendations
a. Adopt a Resolution Approving a Non-Binding Memorandum of Understanding (MOU) Between the City of Willits and the Sherwood Valley Band of Pomo Indians Regarding Water Service Extension.

Public Comment: Community members expressed their concerns over the possible approval of the Memorandum of Understanding.

Moved by Gonzalez/Seconded by Rodriguez and carried 4/1, with Stranske dissenting, to adopt Resolution No. 2023-55 to approve a Non-Binding Memorandum of Understanding between the City of Willits and the Sherwood Valley Band of Pomo Indians Regarding Water Service Extension authorizing the City Manager to sign said Memorandum of Understanding with the following condition that we limit the usage to housing and park development – no commercial developments. b. Introduction of James Conner as the Interim Chief of Police.

Interim Police Chief Conner expressed his excitement for coming to serve the City of Willits and help the Willits Police Department. His goal is to build a department that is more resilient.
c. Verbal Reports – No Action.
i. Harvest Moon Celebration Main Street Closure Update.  City Manager Bender stated that the Harvest Moon Celebration on September 30, 2023, the section of Main Street, from Wood Street to Commercial Street, will be closed to traffic. MTA has been notified of the event. Arrangements have been made to address trash collection after the event, and the city is assisting with detours and additional signage.

Public Comment: Robert Smith expressed concerns about his wedding being held at the Grange at the same time as the Hometown Celebration and his guest being able to get to the Grange. City Manager Bender directed him to be in touch with Community Development Director Duley and that accommodations would be made if necessary.

9. Department Recommendations (Action Items)
a. Adopt a Resolution to Approve an Amendment to the Agreement with Springbrook Software to Acquire an Enhancement to the Springbrook System Allowing Bill Payment and Additional Utility Billing Function.

Presenting Staff Member: Manuel Orozco, Finance Director.

Willits City Council Minutes of September 13, 2023 Page 3 of 4 Public Comment: Community member Mark Walker expressed concerns of spending unnecessary money and for the city to stay focused on getting out of debt. Amy Grooms is against customers having to pay a fee to pay their water bills online.

Moved by Gonzalez/Seconded by Strong and carried unanimously to adopt Resolution No. 2023-56 approving the addition of the utility billing module to the existing Springbrook software to support the City’s information management for utility billing.
b. Discussion and Possible Action on the Caltrans Proposed Willits Main Street Safety Enhancement Project.

Presenting Staff Member: Dusty Duley, Community Development Director.  Community Development Director Duley reported that Caltrans is looking to redistribute the funds to another project elsewhere in District 1.

Public Comment: Community members expressed their interest in being involved in the solutions to help make Main Street safer and to help with the bottleneck at Safeway. c. Revisiting City Adopted Plans: A Presentation and Summary of the Main Street Corridor Enhancement Plan, adopted by City Council in 2017.

Presenting Staff Member: Dusty Duley, Community Development Director.  Community Development Director Duley presented a PowerPoint presentation on the Main Street Corridor Enhancement Plan.

Public Comment: Members of the community spoke in support of and against the Plan as it was presented. Nephele Barrett, Chair of Mendocino Council of Governments wanted people to understand how the planning process works and how much time goes into implementing a project.
d. Adopt a Resolution to approve a Revised Personnel, Policies and Procedures Manual that establishes guidelines for all City of Willits Employees to follow as a condition of employment, effective September 14, 2023.

Presenting Staff Member: Karen Stevenson, Human Resources Manager.

Public Comment: Community members expressed concerns over the manual.

Moved by Strong/Seconded by Gonzlez and carried unanimously to adopt Resolution No. 2023-57 approving the Revised Personnel, Policies and Procedures Manual with the condition that within thirty days, the Council will revisit it with any possible changes.

10. Department Monthly Reports
None presented.

11. City Council Announcements, Communications and Reports Councilmember Strong
 Economic Development & Financing Corporation (EDFC)- Meeting on September 14, 2023.
 Mendocino Solid Waste Management Authority (MSWMA)- Meeting on September 14, 2023. November 3 – 4 Haz mobile will be in Willits.

Willits City Council Minutes of September 13, 2023 Page 4 of 4 Councilmember Rodriguez
 Mendocino Transit Authority (MTA)- Discussed concerns over the shortfall of funds from the County of Mendocino. Received a presentation on potential sights for the Transit Center location.
 Councilmember Rodriguez wanted to announce that she is happy to hear that the Harvest Moon Festival is happening and is excited with the community spirit.

Councilmember Gonzalez
 League of California Cities/Redwood Empire Division – Will be attending the League of California Cities Conference September 20 – 22.  Local Agency Formation Commission (LAFCo) – Item discussed was City of Ukiah annexation of city owned properties.

Mayor Kanne
 Mendocino County Museum – The museum curator, Karen Mattson, just completed her master’s degree in museum sciences. Museum Director, Deb Samson, is resigning. The board agreed to move forward on the creation of a land acknowledgement.
 Measure K – Received good feedback from committee members on how the funds will be expended.

Public Comment: None presented.

No action taken.

12. Good & Welfare
 Mayor Kanne mentioned the Roots of Motive Power was a great event and that over 400 people attended the barbeque at the event.
 Councilmember Strong requested that a closed session be held at the next City Council Meeting for review and assessment regarding comments received from POA at the City Council meeting of August 23, 2023. Councilmember Rodriguez supported the request.

13. Closed Session Notice
None.

14. Adjournment
Mayor Kanne declared the meeting adjourned at 9:35 p.m. _____________________________
GRETA KANNE, Mayor
City Council for the City of Willits
ATTEST:
__________________________

DELORES PEDERSEN
City Clerk
BL# Business Name Name Address Date Issued Type of Bussiness 7211 Doggone Donkey LLC DBA The Munchery Shauna Martin 1787 S Main St Willits, CA 95490 8/2/2023 Resturant / Bar
7212 Essential Fleet Services, LLC Danette/Joseph Rego 1435 Baechtel Rd, Suite B Willits, CA 95490 8/10/2023 Automotive Fleet Repair and Maintenance 7213 Tapestry Family Services Natalie Shepard 286 School St Willits, CA 95490 8/18/2023 Mental Health Services
7214 Mangino Electric Christopher Mangino 2800 Old River Rd Ukiah, CA 95482 8/18/2023 Electrical Contractor
7215 Evergreen Village Sherman Ciu 1712 S Main St, Suite E Willits, CA 95490 8/21/2023 Shopping Center
7216 Ambrose Solar Michael Ambrose 820 Eubanks Dr Ste A Vacaville, CA 95688 8/23/2023 Solar Contractor
7217 Precision Concrete Cutting Marc Cussenot 355 Beach Road Burlingame, CA 94010 8/23/2023 Concrete Contractor
7218 Esthetics by Eden Eden Hincker Tye 152 S Main St Willits, CA 95490 8/23/2023 Esthetics
7219 Willits Seniors Inc Willits Seniors Inc 1501 Baechtel Rd Willits, CA 95490 8/28/2023 Programs and Services
7220 Family Tree Services Inc Greg Musgrave 1155 S Main St Suite 103 Willits, CA 95490 8/28/2023 Tree Services
7221 AP Guerra Construction Adrian Guerra 2211 E Hill Rd Willits, CA 95490 8/28/2023 Contractor
7222 Cali Vibez Yesenia Cisneros 215 S Main St Willits, CA 95490 8/29/2023 Retail Apparel Store
New Business License - August 2023
6a
6b
Item No. 8a
Meeting Date: September 27, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: TO APPROVE A PROPOSAL TO RETAIN EBA ENGINEERING FOR HYDROGEOLOGIC SERVICES TO CONDUCT A LIMITED ARSENIC SOIL AND GROUNDWATER STUDY.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 20 min Summary of Request: At the July 26th meeting, the City Council received, discussed, and approved a proposal from EBA Engineering to create a flow model to comprehend the physical characteristics of the aquifer and how it responds to extraction activities through the Elias Replacement Well. As part of that discussion, the Council Mayor instructed the City Manager to return to the Council a proposal to consider the potential movement of arsenic among groundwater.

The attached proposal by EBA Engineering implements Phase One, Environmental Review to review existing collected data to determine the extent of contaminant transport in the groundwater. The proposal intends to conceptualize the presence of arsenic (where it is known to exist) and model if existing hydrological conditions encourage its movement. The proposal will also examine the effects of various anthropogenic activities on the movement of arsenic. From the findings, EBA will advise if a subsequent and more comprehensive study is necessary.

The extension of the implementation schedule by one-year reflects on the need to complete the flow model first to use the data that effort produces.

Attached is the proposal as prepared by EBA Engineering for your review.

Recommended Action: Adopt the accompanying Resolution thereby accepting the proposal by EBA Engineering and authorize the City Manager to sign the subsequent agreement and authorize the Finance Director to increase appropriations to cover the agreement including a ten-percent contingency Alternative(s): Instruct the City Manager to compose a RFQ to solicit responses from other qualified firms.

Fiscal Impact: Staff requests the Council approve the Resolution authorizing the Finance Director to increase appropriations in the amount of $17,182 using fund balance from the Water Enterprise Fund (Fund 530/501).

Personnel Impact: Upwards of twenty-hours of staff time shared between the Service and Facilities and Administration for project management.
2021 Adopted Goals: This item supports Goal #1 for Public Works…Maintain and improve infrastructure systems of water, wastewater, public facilities and streets capable of managing future growth while responding to current City needs. Specifically, the item helps to achieve Policy #1.2 Complete and implement a comprehensive Groundwater Management Plan as listed under the as mentioned Goal #1.

California Environmental Quality Act: No action is necessary at this time.

LIMITED ARSENIC SOIL AND GROUNDWATER STUDY

CITY OF WILLITS, MENDOCINO COUNTY, CALIFORNIA
EBA Project No.: 21-3061
Dear Mr. Bender,
EBA Engineering (EBA) is pleased to present the following Cost Estimate Proposal for Hydrogeologic Services (Proposal) to the City of Willits (City) for the preparation of a Limited Arsenic Soil and Groundwater Study (Study) within the vicinity of City-owned groundwater production wells (project vicinity).

This Proposal is pursuant to City acceptance of a groundwater flow modeling project proposal, prepared by EBA, dated June 20, 2023. Based on recent email correspondence, EBA understands that during the July 26, 2023 City Council Meeting, the aforementioned groundwater flow modeling project proposal was accepted with a Condition that EBA prepare an additional proposal to address the risk potential of arsenic contamination between aquifers.

EBA understands that arsenic has been detected in the Park and Long 20 Test Well (deep) production wells and arsenic transport in the direction of the Elias Replacement Well is a concern. The following Scope of Work has been prepared to meet the requirements of this Condition.

SCOPE OF WORK
The intent of the proposed Study is to accomplish the following objectives:
• Research and compile pertinent and available information (reports, water quality data, studies, boring logs, and/or geotechnical information) regarding the presence 2 of arsenic in soil and groundwater within the project vicinity. This data will be obtained from City file archives and online publicly available resources; • Perform a site visit and prepare a Limited Phase 1 Environmental Site Assessment (ESA) including environmental review of potential anthropogenic arsenic sources; • Review and evaluate all compiled information;
• Develop a conceptual model to define region(s) of arsenic-bearing geologic strata within the project vicinity;
• Utilize the aforementioned groundwater flow model to generate a groundwater flow regime and perform a limited qualitative particle tracking analysis; and • Based on the results of the Study, describe additional work recommended to perform a quantitative groundwater transport model using finite element methods if needed.

IMPLEMENTATION SCHEDULE
EBA has developed the following implementation schedule to provide adequate time for the completion of the groundwater flow model project, which is anticipated to be completed by July 15, 2024, and will be needed for use in this Study. The proposed schedule for this Study is based on the project starting on October 15, 2023.

IMPLEMENTATION SCHEDULE
Item Start Date Duration Completion Date
Literature Review, Data Compilation, Limited Phase 1
ESA 10/15/2023 3 months 1/15/2024
Conceptual Model Development and Limited Particle
Tracking Analysis 1/15/2024 9 months 10/15/2024
Study Preparation and Finalization 10/15/2024 2 months 12/15/2024

COST ESTIMATE
EBA estimates the Study to cost $15,620 per the following Cost Estimate Summary on the following page.
3 COST ESTIMATE SUMMARY

PROJECT MANAGEMENT
Task 1: Project Management
Item Rate Qty Subtotal
Senior Hydrogeologist $175 2 $350
Project Engineer $165 6 $990
$1,340

MODEL DEVELOPMENT
Task 2: Literature Review, Data Compilation and Limited Phase 1 ESA Item Rate Qty Subtotal
Senior Hydrogeologist $175 1 $175
Project Engineer $165 2 $330
Project Environmental Specialist $145 20 $2,900
Staff Engineer $145 30 $4,350
$7,755
Task 3: Conceptual Model Development and Limited Particle Tracking Analysis Item Rate Qty Subtotal
Principal Hydrogeologist $195 1 $195
Senior Hydrogeologist $175 2 $350
Project Engineer $165 4 $660
Staff Engineer $145 16 $2,320
$3,525

STUDY PREPARATION
Task 4: Study Preparation and Finalization
Item Rate Qty Subtotal
Principal Hydrogeologist $195 1 $195
Senior Hydrogeologist $175 1 $175
Project Engineer $165 4 $660
Staff Engineer $145 10 $1,450
Design Drafter $130 4 $520
$3,000
TOTAL $15,620

ASSUMPTIONS AND EXCLUSIONS
For the purposes of developing the scope of work and the cost estimate presented herein, the following assumptions and exclusions were made:
• The City will provide any water quality reports, well drilling reports or studies, groundwater-related reports, geotechnical reports, and/or any available relevant documentation in City archives;
4 • The Study will be solely based on existing information and will not require additional field work, well measurements, or data after the contract execution date has occurred;
• Groundwater future scenario projections will be limited to a time horizon of 10 years into the future (2034);
• The analysis of arsenic transport through groundwater or soil environments will only be investigated and discussed qualitatively to determine whether or not a quantitative investigation is recommended for this project. A quantitative investigation may be recommended in the future work section of the proposed Study and would potentially include the development of a three-dimensional transient finite-element fate and transport model to solve the advection dispersion equation. Additional data collection may also be recommended to better characterize the locations and extents of arsenic-bearing geologic strata, better define arsenic and water chemistry and oxidation/reduction characteristics, and may include drilling additional wells and collecting water quality data at varying depths;
• Sampling and testing for contaminants are not included; and • Drilling, test pit excavations, groundwater or soil quality sampling and/or analytical testing, and pumping tests are not included.

CLOSING
We trust this provides the information you require at this time. Please feel free to contact EBA at (707) 544-0784 if you have any comments or questions regarding the information presented herein.

Sincerely,

EBA ENGINEERING
________________________________________
Brian M. Wallace, PE, MS, MBA, QSD/QISP
Project Engineer
____________________________________
Matthew J. Earnshaw, PG, CHg, CEG, QSD
Vice President – Senior Hydrogeologist
Resolution No. 2023- September 27, 2023
RESOLUTION NO. 2023-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS TO RETAIN EBA

ENGINEERING FOR HYDROGEOLOGIC SERVICES TO CONDUCT A LIMITED ARSENIC SOIL AND GROUNDWATER STUDY.

WHEREAS, the City of Willits operates and maintains a municipal Water Production and Distribution System to provide potable water to approximately 6,000 service accounts within a three square-mile service area; and
WHEREAS, the Willits City Council approved the installation of a Groundwater Production Facility to serve as a secondary source of potable water in situations when the Surface Water Production is unable to meet demand; and
WHEREAS, the Willits City Council at their July 26th meeting approved a proposal from EBA Engineering to compose a groundwater flow model to characterize groundwater features, the interaction between surface and ground waters, the physical parameters of the aquifer surface, and the effects of the City’s pumping activities on the Little Lake Valley Groundwater Basin; and
WHEREAS, the Willits City Council also at the July 26th meeting, instructed the City Manager to provide a proposal to consider the potential movement of arsenic among groundwater; and
WHEREAS, the City Manager received a proposal from EBA Engineering to complete a Phase One, Environmental Review to review existing collected data to determine the extent of contaminant transport among the groundwater; and
WHEREAS, EBA Engineering will examine factors that may or may not encourage the movement of arsenic and from these findings, EBA will advise if a subsequent and more comprehensive study is necessary.

NOW, THEREFORE, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Willits that it does hereby authorize the Finance Director, or his/her designee, to appropriate $17,182 in the Water Enterprise Funds, using fund balance, for the Arsenic Soil and Groundwater Study.

The above and foregoing Resolution was introduced by Councilmember __________ seconded by Councilmember ____________ and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the, 27th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:
______________________________
GRETA KANNE, Mayor
ATTEST: City Council of the City of Willits
____________________________

DELORES PEDERSEN
City Clerk
Item No. 9a
Meeting Date: September 27, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Davey Bowles, Building Official
Agenda Title: ADOPT A RESOLUTION AWARDING A CONTRACT TO DMR BUILDERS, FOR RODEO GROUNDS BATHROOM AND CONCESSION STAND REPAIR PROJECT 2023-06, FOR A TOTAL AMOUNT NOT TO EXCEED OF $248,848.00 AND AUTHORIZE THE CITY MANAGER TO EXECUTE CONTRACT DOCUMENTS AND CHANGE ORDERS UP TO 10-PERCENT OF THE TOTAL AMOUNT OF CONSTRUCTION.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time:10 minutes Summary of Request: The Rodeo Grounds bathroom and concession stand were damaged by a falling tree during the winter storms. Staff requested public bids for them and assigned the task with Project No. 2023-06.

The Project was advertised for four weeks and on September 11th, bids were publicly opened at City Hall.

The City received four bids and a subsequent review deemed DMR Builders to be the lowest responsive bidder. The bid describes the repair to the damaged portions of both the bathroom and concession stand.

The proposed contract is for an amount not to exceed $248,848.00 with a contingency of 10 percent.

Attached is DMR Builders submitted bid package.

Recommended Action: Adopt the accompanying Resolution approving a construction contract with DMR Builders, for the repair of the Rodeo Grounds bathroom and concession stand for an amount not to exceed amount of $248,848 and authorize the City Manager to execute contract documents and change orders up to 10-percent of the total amount of construction.

Alternative(s): None
Fiscal Impact: It is anticipated the City’s insurance (CIRA/REMIF) will cover the cost of the damaged buildings. The City is also pursuing reimbursement from FEMA since the incident occurred during emergency declaration. The City will cover the repair costs by utilizing idle funds that are carried over from prior years until reimbursement is received from the City’s insurance. These funds are resting in fund balances while audits are being completed. The City CIP Account No. 420.4200.0000.7600 will fund the expense using Project No. INF2306-00.

Personnel Impact: Some staff time will be necessary to administer the contract and project. 2021 Adopted Goals: This request sustains Goal #1 under Public Works…Maintain and improve infrastructure systems of water, wastewater, public facilities and streets capable of managing future growth while responding to current City needs.

California Environmental Quality Act: Not applicable.

Resolution No. 2023-xx September 27, 2023
RESOLUTION NO. 2023-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS AWARDING A CONTRACT

TO DMR BUILDERS FOR THE RODEO GROUNDS BATHROOM AND CONCESSION STAND REPAIR PROJECT NO. 2023-06 FOR A TOTAL AMOUNT NOT TO EXCEED OF $248,848.00

AND AUTHORIZE THE CITY MANAGER TO EXECUTE CONTRACT DOCUMENTS AND CHANGE ORDERS UP TO 10-PERCENT OF THE TOTAL CUMULATIVE AMOUNT OF CONSTRUCTION.

WHEREAS, Rodeo Grounds bathroom and concession stand were badly damaged by a falling tree and in need of repair; and
WHEREAS, the City recognizes the importance of these amenities to the Rodeo Grounds as the facility hosts several prominent events throughout the year; and WHEREAS, the project scope includes improvements to ensure both amenities comply with all applicable accessibility and building codes; and
WHEREAS, staff requested public bids for Project No. 2023-06 to repair the bathroom and concession stand; and
WHEREAS, the City publicly opened bids on September 11th, and received the following four bids for the project; and

1. DMR Builders $248,848.00

2. Bridges Construction $290,000.00

3. FRC, Inc. $346,000.00

4. GCCI, Inc. $429,000.00
WHEREAS, staff has reviewed all bids received and deemed DMR Builders as the lowest responsive bid; and
WHEREAS, staff recommends Council award a construction contract to DMR Builders for the not to exceed amount of $248,848; and
NOW, THEREFORE BE IT RESOLVED, that City Council of the City of Willits awards a construction contract to DMR Builders, for a not to exceed amount of $248,848.00, for the repair of the rodeo grounds bathroom and concession stand;
BE IT FURTHER RESOLVED, that the City Council authorizes the City Manager to execute contract documents and contract change orders up to 10-percent of the total cumulative amount of construction.

The above and foregoing Resolution was introduced by Councilmember seconded by Councilmember , and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 27th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

Resolution No. 2023-xx September 27, 2023
ATTEST:
__________________________
__________________________
GRETA KANNE, Mayor
City Council of the City of Willits

DELORES PEDERSEN
City Clerk
Item No. 9b
Meeting Date: September 27, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Dusty Duley, Community Development Director
Agenda Title: DISCUSSION AND POSSIBLE ACTION ON THE CALTRANS PROPOSED WILLITS MAIN STREET SAFETY ENHANCEMENT PROJECT.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 Minutes Summary of Request: This item was continued from the September 13th Council meeting to allow staff time to make Council requested modifications to the letter from City Council to Caltrans.

The City Council will convene to discuss and act on the State Department of Transportation (Caltrans) proposed Willits Safety Enhancement Project on California State Highway 20/South Main Street. The purpose of this item is to consider a Resolution authorizing the issuance of a letter to Caltrans noting the Council’s lack of support for the proposed project.

Caltrans presented the project as a method to enhance safety and slow traffic along Highway 20 by implementing a "road diet" that would modify the road striping configuration to reduce the number of travel lanes and add Class II bike lanes. The extent of the project extends from Highway 20/South Main Street between its intersections with Oak Street and Alder Lane.

A public meeting was held on August 16th, followed by a City Council meeting on August 23rd, during which concerns, benefits, and potential impacts were discussed. At the conclusion of the August 23rd meeting discussion, the City Council directed staff to prepare a letter addressed to Caltrans District 1 noting the Council’s dissatisfaction and lack of support with the current project proposal.

The prepared letter, Attachment A, attempts to capture the opinions expressed by Council noting both gratitude for Caltrans’ dedication to enhancing safety and infrastructure in the community as well as acknowledging the City’s concerns and overall lack of support for the current project. Further, the letter recognizes the importance of the collaborative relationship between the City of Willits and Caltrans, while highlighting the need for an extended timeline for community engagement, refined data analysis, and a more comprehensive project approach when considering changes of this magnitude.

Attachment A: Letter from City Council Addressed to Caltrans.

Recommended Action: Adopt a Resolution disapproving of Caltrans’ current proposal for the Willits Main Street Safety Enhancement Project.

Alternative(s): None.

Fiscal Impact: None.

Personnel Impact: None.
2021 Adopted Goals: This discussion relates to Policy #3.4…Continue implementation of the Main Street Corridor Enhancement Program under Community Development’s Goal #3...Develop and implement economic development strategies for the City of Willits that will promote the development and maintenance of strong business sector including business retention and attraction, tourism, marketing and revenue generation.

California Environmental Quality Act: No action is necessary since the item is administrative in character.

Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources Risk Manager
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ 1 September 27, 2023
Caltrans District 1
1656 Union Street
Eureka, CA 95501
RE: Willits Safety Enhancement Project
Dear Caltrans,
We wish to express our sincere gratitude for Caltrans' ongoing commitment to enhancing safety and infrastructure in our community. The collaborative relationship between the City of Willits and Caltrans has been invaluable in shaping the development and progress of the City. It is with the utmost respect and careful consideration that we address the recent proposal for the "Willits Safety Enhancement Project," a project designed to modify roadway striping on Hwy 20 between Oak Street and Manor Way.

We value the effort undertaken by Caltrans, and the intention to enhance safety along the Hwy 20 Corridor. However, it has become evident that the proposed timeline for soliciting comments and public input regarding the project was insufficient to foster comprehensive community engagement.

The enthusiasm exhibited by our community underscores the significance of such projects, and we firmly believe that more time is needed to ensure a holistic and thoughtful approach to address public concerns. Further, we feel that that there might be limitations in the data and modeling utilized, and further study is warranted to understand the anticipated traffic related impacts that would result from the project.

Moreover, the current Willits Safety Enhancement Project proposal fails to include viable components emphasized and illustrated in the City’s Main Street Corridor Enhancement Plan that would not only improve road safety but also encompass street improvements, beautification, and hardscape enhancements.

We look forward to a future collaboration to reimagine the project and create a safer roadway for all users. Thank you for your understanding on this matter.

Sincerely,
Willits City Council
CITY OF WILLITS Gateway to the Redwoods
111 E COMMERCIAL STREET, WILLITS CA 95490 • PHONE: (707) 459-4601 • FAX: (707) 459-1562 2 Greta Kanne, Mayor Gerry Gonzalez, Vice Mayor
Saprina Rodriguez Madge Strong
Larry Stranske
Resolution No. 2023-__ September 27, 2023
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS ACKNOWLEDGING LACK

OF SUPPORT FOR THE CALTRANS PROPOSED WILLITS SAFETY ENHANCEMENT PROJECT ON STATE HIGHWAY 20/SOUTH MAIN STREET.

WHEREAS, Caltrans secured approximately $1.7 million in funding through the Caltrans Highway Maintenance 4 Safety (HM-4) Program and proposed to implement the Willits Safety Enhancement Project (“Project”) on State Highway 20 from approximately its intersection with Manor Way to Oak Street; and
WHEREAS, the Project includes removal of a travel lane in each direction, addition of bike lanes with buffers, upgraded crosswalks to enhanced modified continental style crosswalks, replacement of select roadside signs, and completing microsurfacing throughout the project limits; and
WHEREAS, the HM-4 funds cannot be used to support upgrades to pedestrian facilities such as extended sidewalks, bulbouts, street trees, or other desired hardscape and softscape features; and
WHEREAS, administrative conceptual plans for the proposed Project were first received by City staff for review by Caltrans on August 1, 2023 with subsequent public draft plans released by Caltrans on August 14, 2023; and
WHEREAS, on August 16, 2023, an Open House held at the Little Lake Fire Department allowed community members to learn about the Project and provide input on the proposed Project; and
WHEREAS, subsequent to the Open House, the City Council, at the August 23, 2023 meeting, received a Project presentation from Caltrans and held a public hearing to solicit input from the community; and
WHEREAS, the City Council acknowledges the concerns raised, holds the community's interests and wellbeing paramount, and places significant emphasis on the prudent utilization of resources and adherence to a comprehensive vision that encapsulates the aspirations of the citizens of Willits; and
WHEREAS, after thoughtful deliberation and mindful consideration of the feedback received from the community and stakeholders, the City Council deems it necessary to decline Caltrans’ current proposal for the Willits Safety Enhancement Project finding that the proposed timeline for soliciting comments and public input was insufficient to foster comprehensive community engagement, there may be limitations in the data and modeling undertaken to analyze anticipated traffic flow conditions and the project does not include a holistic integration of the components included in the Willits Main Street Corridor Enhancement Plan.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Willits as follows:

1. The City Council of the City of Willits, in recognition of the concerns and aspirations of the community, respectfully disapproves of Caltrans’ current proposal for the Willits Safety Enhancement Project.

Resolution No. 2023-__ September 27, 2023

2. The City Council acknowledges the dedication of Caltrans to enhancing the safety and infrastructure of our City and expresses its gratitude for the collaborative partnership shared between the City of Willits and Caltrans.

3. The City Council encourages a future implementation of recommendations proposed in the Willits Main Street Corridor Enhancement Plan, grounded in enriched data, enhanced public engagement, and the cohesive realization of the collective vision for Willits' streetscape, and envisions these elements be executed holistically rather than incrementally, avoiding fragmentation as appropriate.

4. The City Council earnestly solicits the collaborative assistance of Caltrans to realize these endeavors in a mutually beneficial partnership.

BE IT FURTHER RESOLVED that the City Council of the City of Willits does hereby submit a letter to Caltrans informing the agency of its decision not to support the proposed Willits Safety Enhancement Project. The said letter is attached hereto to this Resolution as Exhibit A.

AYES:

NOES:

ABSENT:

ATTEST:
__________________________
_________________________________
GRETA KANNE, Mayor
City Council of the City of Willits
DELORES PEDERSEN, City Clerk
Item No. 9c
Meeting Date: September 27, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Manuel J. Orozco, Finance Director
Agenda Title: ADOPT A RESOLUTION APPROVING A CONTRACT WITH AVENU INSIGHTS &

ANALYTICS TO PROVIDE COMPLIANCE AUDITING AND FACILITATE THE COLLECTION OF BUSINESS LICENSE RENEWAL SERVICES.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 minutes Summary of Request: Staff is recommending City Council authorize an agreement with Avenu Enterprise Solutions, LLC, (“Avenu”) to provide business license tax administrative services and transient occupancy tax collection services. By retaining Avenu for these services, the City will have the confidence that the appropriate collection, deposit, recording, delinquency follow up and reporting of local business license fees. These services will include all correspondence, forms, and other such services to ensure appropriate and timely remittance of the business license fees.

The facilitation of business license tax program is a continuous collection of small fees throughout the year.

These fees are based on revenues collected from the business during the year that are used in a calculation that generates a fee. Unfortunately, staff has not had the time and/or resources to provide the follow-up services necessary for ensuring appropriate collection.

The initial contract amount for implementation and facilitation of services is $30,662.20 for the first year.

After the initial expenditure, the ongoing cost of facilitating the collection services for the next 5 years will be $16,412.20. This cost to the General Fund is expected to be offset by additional revenues generated due to compliance and delinquency follow-up.

Recommended Action: Adopt the accompanying Resolution awarding a professional services contract to Avenu Enterprise Solutions, LLC. for a not to exceed amount of $30,662.20 for the first year of implementation and authorize the City Manager to execute the contract documents that include an ongoing cost of $16,412.20 for the continuation of services.

Alternative(s): Do not approve the contract and keep the internal facilitation of the business license tax and transient occupancy.

Fiscal Impact: The cost-of-service delivery and implementation for the first year is $30,662.20 and $16,412.20 each year after. The expectation is that this cost will be offset by added revenue generation due to compliance and added services, this is expected to be approximately $34,500 based on a conservative estimate of Business License and Transient Occupancy Tax recovery. The Revenue will be received in and expensed out of the General Fund through Account 100-1300-0000-65400.

Personnel Impact: The shift of Finance Department staff to other tasks including payroll processing. 2021 Adopted Goals: This item helps the Administration Department to achieve its #1 Goal…Develop and implement a long-range Fiscal Sustainability Plan for City finances in order to promote the City’s economic health by balancing revenues and expenditures to solve systemic problems.

California Environmental Quality Act: Not applicable.

ORDER FORM
Customer Email:

Customer Contact:

Phone:

Contract Start Date: 9/1/2023
Contract End Date: 8/31/2024
Customer No:

Date: 8/10/2023
Quote Number: Q-05040
Price Quote Valid for 90 days
BILL TO:

City of Willits
111 East Commercial Street
Willits, CA 95490
SHIP TO:

City of Willits
111 East Commercial Street
Willits, CA 95490
Product Name Product Description Line Description Product Code
QTY Unit Price Discount Total
Price
Tax & License
Administration: Business
License
Tax & License
Administration: Business
License
ADM-0003 700.00 $20.00 USD
700.00
USD
13,300.00
Tax & License
Administration: Hotel/
Motel Tax
Tax & License
Administration: Hotel/
Motel Tax
ADM-0009 13.00 $252.00 USD
163.80
USD
3,112.20
Setup Fee ADM-0026 1.00 $15,000.00 USD
750.00
USD
14,250.00
Compliance Auditing:

Hotel/Motel Tax
Compliance Auditing:

Hotel/Motel Tax
AUD-0007 1.00 35%
Contingency
USD 0.00 USD 0.00
Discovery & Recovery:

Business Tax
Discovery & Recovery:

Business Tax
DRE-0001 1.00 35%
Contingency
USD 0.00 USD 0.00
TOTAL: USD
30,662.20 Price Quote Term:

All Fees and Prices quoted are valid for ninety (90) days from the date stated above.

CONFIDENTIAL & PROPRIETARY
This document is exclusively for commercial use between Avenu Insights & Analytics, and Customer, and is considered Confidential Information according to the Terms, not to be disclosed to third parties unless such disclosure is explicitly permitted under this Agreement. ****THIS IS NOT AN INVOICE****
Please do not send payment from this price quote. You will receive a separate contract and invoice for the services provided above.

Page 1 of 2 ends

Page 2 of 2 ends

City of Willits, Master Consultant Services Agreement 1 Consultant Services Agreement
This Consultant Services Agreement (the “Agreement”) is made as of September 1, 2023 (“Effective Date”) by and between City of Willits, a municipal corporation of the State of California ("CLIENT") and Avenu Insights & Analytics, LLC, a Delaware limited liability company, (“CONSULTANT”), collectively the Parties. In consideration of the mutual promises herein contained and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the parties agree as follows:

A. Services

1. CONSULTANT will provide CLIENT with the Services described in EXHIBIT A, Statement of Work which is attached hereto and incorporated by reference. CONSULTANT shall provide said services at the time, place, and in the manner specified in EXHIBIT A.

2. CONSULTANT shall furnish at its own expense all labor, materials, equipment and other items necessary to carry out the terms of this Agreement.

B. Compensation

1. Upon execution of this Agreement, CLIENT will pay CONSULTANT as outlined in EXHIBIT B, Compensation Schedule incorporated and included herein.

C. General Provisions

1. Term of the Agreement: The initial term of this Agreement shall be for a period of five years (5) following the Effective Date, and automatically renew for two (2) successive one (1) -year terms if neither party has cancelled (the “Term”). Either party shall have the right to terminate this Agreement in the event of a material breach by the other party. Any such termination may be made only by providing sixty (60) days prior written notice to the other party, specifically identifying the breach or breaches on which termination is based. Following receipt of such notice, the party in breach shall have thirty (30) days to cure such breach or breaches. In the event that such cure is not made, this Agreement shall terminate in accordance with the initial sixty (60) days’ notice. Provided, however, this Agreement is subject to termination upon not less than thirty (30) days written notice to CONSULTANT if CLIENT has failed to receive funds for the continued procurement of the Products or Services after every reasonable effort has been made by CLIENT to secure the necessary funding and if no substitute arrangement is made by CLIENT to obtain the same or similar System or Services from another source. CLIENT agrees to discontinue use of all hardware, software, and other CONSULTANT-owned materials no later than the effective date of termination and return the hardware, software, and other CONSULTANT-owned materials to CONSULTANT within thirty (30) calendar days after termination.

2. Effect of Termination: Notwithstanding non-renewal or termination of this Agreement, CLIENT shall be obligated to pay CONSULTANT for services performed through the effective date of termination for which CONSULTANT has not been previously paid. In addition, because the services performed by CONSULTANT prior to termination or non-renewal of this Agreement may result in the CLIENT’s receipt of revenue after termination which are subject to CONSULTANT’s fee, the CLIENT shall remain obligated after termination or non-renewal to provide to CONSULTANT such information as is necessary for CONSULTANT to calculate compensation due as a result of the receipt of revenue by the CLIENT.

Termination of this Agreement for any reason will not affect any liabilities or obligations of either party City of Willits, Master Consultant Services Agreement 2 arising before termination or out of events causing termination and will not affect any damages or other remedies to which a party may be entitled under this Agreement, at law, or in equity, arising from any breach or default.

3. Independent Contractor: It is understood that CONSULTANT and its subcontractors, if any, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the CLIENT. CLIENT understands that CONSULTANT may perform similar services for others during the term of this Agreement and agrees that CONSULTANT representation of other government sector clients is not a conflict of interest. CONSULTANT shall obtain no rights to retirement benefits or other benefits which accrue to CLIENT's employees, and CONSULTANT hereby expressly waives any claim it may have to any such rights.

4. Subcontractors: CONSULTANT shall have the right to hire subcontractors to provide the services described herein. CONSULTANT, in rendering performance under this Agreement shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. CONSULTANT shall be solely responsible for and shall hold CLIENT harmless from any and all claims for any employee related fees and costs including without limitation employee insurance, employment taxes, workman’s compensation, withholding taxes or income taxes.

5. Notice: Any notice required to be given under this Agreement shall be in writing and either served personally, sent prepaid first-class mail, or by express mail courier (i.e. FedEx, UPS, etc.). Any such notice shall be addressed to the other party at the address set forth below. All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by regular mail, or the next day if sent overnight delivery.

If to CLIENT:

City of Willits
Attn: Cathy Moorhead
111 East Commercial Street
Willits, CA 95490
Phone:

Email:

If to CONSULTANT:

Avenu Insights & Analytics, LLC
Attn: Contracts Department
5860 Trinity Parkway., Suite 120
Centreville, VA 20120
Email: [email protected]

6. Representative or designees: CONSULTANT Primary Representative/Project Manager shall be:

Kennon Walthall, Client Services Manager
5860 Trinity Parkway., Suite 120
Centreville, VA 20120
Phone: (205) 423-4114 Email: [email protected]

7. Indemnity: CONSULTANT shall indemnify, defend, and hold harmless the CLIENT, its officers, agents, and employees, from and against any and all claims, liabilities, and losses whatsoever (including damages to property and injuries to or death of persons, court costs, and reasonable attorneys’ fees) to extent occurring or resulting from CONSULTANT’s negligent or unlawful performance of its obligations under or breach of the terms of this Agreement, unless such claims, liabilities, or losses arise out of, or are caused at least in part by the sole negligence or willful misconduct of the CLIENT. “CONSULTANT’s City of Willits, Master Consultant Services Agreement 3 performance” includes CONSULTANT’s action or inaction and the action or inaction of CONSULTANT’s officers, employees, agents and subcontractors.

8. Limitation of Liability: IN NO EVENT SHALL CONSULTANT, ITS EMPLOYEES,

CONTRACTORS, DIRECTORS, AFFILIATES AND/OR AGENTS BE LIABLE FOR ANY

SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED

TO, DELAY, LOST DATA, DISRUPTION, AND LOSS OF ANTICIPATED PROFITS OR

REVENUE ARISING FROM OR RELATED TO THE SERVICES, WHETHER LIABILITY IS

ASSERTED IN CONTRACT OR TORT, AND WHETHER OR NOT CONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. IN ADDITION, CONSULTANT’S TOTAL LIABILITY HEREUNDER, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE FEES DESCRIBED IN EXHIBIT B. THE FOREGOING SETS FORTH THE CLIENT’S EXCLUSIVE REMEDY FOR CLAIMS ARISING FROM OR OUT OF THIS AGREEMENT.

THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS BETWEEN CONSULTANT AND THE CLIENT AND CONSULTANT’S PRICING REFLECTS THE ALLOCATION OF RISK AND LIMITATION OF LIABILITY SPECIFIED HEREIN.

9. Insurance: CONSULTANT shall keep in full force and effect insurance coverage during the term of this Agreement, including without limitation statutory workers’ compensation insurance; employer’s liability and commercial general liability insurance; comprehensive automobile liability insurance; professional liability and fidelity insurance. The insurance certificate shall name the CLIENT, its agents, officers, servants and employees as additional insureds under the CGL and Automobile policies with respect to the operations and work performed by the named insured as required by written contract. The General Liability policy is Primary & Non-Contributory. Waiver of Subrogation applies under the General Liability and Workers’ Compensation policies. The CGL insurance minimum coverage shall be at least $1,000,000 per incident, claim or occurrence and $2,000,000 aggregate. The Cybersecurity insurance minimum coverage shall be at least $2,500,000 per incident, claim or occurrence. The Automobile Liability insurance minimum coverage shall be at least $1,000,000 covering all owned, non-owned, and hired vehicles. The certificate shall provide that there will be no cancellation, termination, or non-renewal of the insurance coverage without a minimum 30-day written notice to the CLIENT, except in the case of cancellation for non-payment of premium which shall be at least 10-days written notice.

10. Equal Opportunity to Draft: The parties have participated and had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language.

11. Assignment: This Agreement shall be binding upon and inure to the benefit of the parties, their successors, representatives and assigns. CONSULTANT shall not assign this Agreement, or delegate its duties or obligations under this Agreement, without the prior written consent of CLIENT, which consent shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, CONSULTANT may assign this Agreement, in whole or in part, without the consent of CLIENT to any corporation or entity into which or with which CONSULTANT has merged or consolidated; any parent, subsidiary, successor or affiliated corporation of CONSULTANT; or any corporation or entity which acquires all or substantially all of the assets of CONSULTANT. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties and their successors or assigns.

City of Willits, Master Consultant Services Agreement 4

12. Ownership of Documents: Except for CONSULTANT’s preexisting proprietary information and processes, any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by CONSULTANT pursuant to this agreement shall be the property of the CLIENT at the moment of their completed preparation.

13. Intellectual Property Rights: The entire right, title and interest in and to CONSULTANT’s database and all copyrights, patents, trade secrets, trademarks, trade names, and all other intellectual property rights associated with any and all ideas, concepts, techniques, inventions, processes, or works of authorship including, but not limited to, all materials in written or other tangible form developed or created in the course of this Agreement (collectively, the "Work Product") shall vest exclusively in CONSULTANT or its subcontractors. The foregoing notwithstanding, in no event shall any CLIENT-owned data provided to CONSULTANT be deemed included within the Work Product.

14. Public Release and Statements: Neither party or its representatives or agents shall disseminate any oral or written advertisement, endorsement or other marketing material relating to each other’s activities under this Agreement without the prior written approval of the other party. Neither party shall make any public release or statement concerning the subject matter of this Agreement without the express written consent and approval of the other party. No party or its agent will use the name, mark or logo of the other party in any advertisement or printed solicitation without first having prior written approval of the other party.

The parties shall take reasonable efforts to ensure that its subcontractors shall not disseminate any oral or written advertisement, endorsement or other marketing materials referencing or relating to the other party without that party’s prior written approval. In addition, the parties agree that their contracts with all subcontractors will include appropriate provisions to ensure compliance with the restrictions of this Section.

15. Force Majeure: CONSULTANT shall not be in default of its obligations hereunder to the extent that its performance is delayed or prevented by causes beyond its control, including but not limited to acts of God, government, quarantines, pandemics, endemics, weather, fire, flood, earthquake, weather, climate change, elements of nature, war, terrorism, civil disturbance, labor disruptions, strikes, embargoes, power or telecommunications failures, inability to obtain supplies, breakdown of equipment or interruption in vendor services or communications, or cause beyond the reasonable control of CONSULTANT (“Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the party that has experienced a delay or failure of performance caused by the Force Majeure Event will be excused from further performance or observance of the affected obligation(s) for as long as the extenuating circumstances prevail and that party continues to attempt to recommence performance or observance whenever and to whatever extent possible without delay. The party that experienced a delay or failure of performance caused by the Force Majeure Event will immediately notify the other party and describe in reasonable detail the circumstances causing the delay or failure of performance. The provisions of this Section shall survive termination of this Agreement.

16. Relationship of the Parties This Agreement shall not constitute, create, give effect to, or otherwise imply a joint venture, partnership, or business organization of any kind. CONSULTANT and CLIENT are independent parties, and neither party shall act as an agent for or partner of the other for any purpose.

Nothing in this Agreement shall grant to either party any right to make any commitments of any kind for or on behalf of the other party without the prior written consent of the other party. CONSULTANT shall not be restricted from providing products or performing services for others and shall not be bound to CLIENT except as provided under this Agreement.

City of Willits, Master Consultant Services Agreement 5

17. Severability If all or part of any term or condition of this Agreement, or the application of any term or condition of this Agreement, is determined by any court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of the terms and conditions of this Agreement (other than those portions determined to be invalid or unenforceable) shall not be affected, and the remaining terms and conditions (or portions of terms or conditions) shall be valid and enforceable to the fullest extent permitted by law. If a judicial determination prevents the accomplishment of the purpose of this Agreement, the invalid term or condition (or portions of terms or conditions) shall be restated to conform to applicable law and to reflect as nearly as possible the original intent of the parties.

18. Waiver Or Forbearance Any delay or failure of either party to insist upon strict performance of any obligation under this Agreement or to exercise any right or remedy provided under this Agreement shall not be a waiver of that party’s right to demand strict compliance, irrespective of the number or duration of any delay(s) or failure(s). No term or condition imposed on either party under this Agreement shall be waived and no breach by either party shall be excused unless that waiver or excuse of a breach has been put in writing and signed by both parties. Waiver in any instance of any right or remedy shall not constitute waiver of any other right or remedy under this Agreement. Consent to or forbearance of any breach or substandard performance of any obligation under this Agreement shall not constitute consent to modification or reduction of the other obligations or forbearance of any other breach.

19. Entire Agreement: This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter contained herein. Said Agreement shall not be amended, altered, or changed, except by a written amendment signed by both parties.

20. Headings The section headings used in this Agreement are merely for reference and have no independent legal meaning and impose no obligations or conditions on the parties.

21. Governing Law This Agreement shall be governed by, interpreted, construed, and enforced in accordance with the laws of the State of Virginia, without reference to the principles of conflict of laws.

22. Counterparts: This Agreement may be signed in separate counterparts including facsimile copies. Each counterpart (including facsimile copies) is deemed an original and all counterparts are deemed on and the same instrument and legally binding on the parties.

23. Invalidity: If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

24. Implementation: Implementation should begin as soon as possible from the signing of this Agreement (the “Implementation Date”) for the performance of services under the terms of this Agreement. [SIGNATURES ON FOLLOWING PAGE]
City of Willits, Master Consultant Services Agreement 6 IN WITNESS HEREOF, the parties have caused this Agreement to be executed on the date first written above. “CLIENT”
City of Willits
a Municipal Corporation
By: \signature1\
Name: ______________________________
Title: \title1\
Date: \date1\
“CONSULTANT”
Avenu Insights & Analytics, LLC
a Delaware limited liability company
By: \signature2\
Name: ______________________________
Title: \title2\
Date: \date2\
7 EXHIBIT A – STATEMENT OF WORK
This Statement of Work is incorporated in the Consulting Services Agreement (“Agreement”) by and between AVENU INSIGHTS & ANALYTICS, LLC (“AVENU”) and CITY OF WILLITS, CA (“CLIENT”).

A.1 BUSINESS LICENSE TAX ADMINISTRATION SERVICES
Statement of Work
The Business License Tax Administration Services offer a turnkey approach to ensure appropriate collection, deposit, recording, delinquency follow up, and reporting of the local business license tax/fees. These services include all correspondence, forms, and other such services to ensure appropriate and timely remittance of the tax.

Remittance Processing
• Taxes Processed: AVENU will perform remittance processing for taxes as designated by the CLIENT. • Taxpayer Notification and Remittance: AVENU will provide individualized tax forms to all known licensed businesses (“Taxpayer(s)”). Taxpayers will remit payments as indicated in Attachment A, Distribution Confirmation, attached and incorporated herein by reference. Upon reasonable notice to CLIENT, AVENU may change the address for payments. Online filing and remittance using standard AVENU formatting is provided for the Taxpayers convenience. • Deposit Process: Deposits are made to the extent that funds have been received, via Automated Clearing House of the amounts and to the designated recipients as instructed by the CLIENT for each type of tax collected. Up to 15 times per month, no less than 10 times per month. • Posting Process: Taxpayer accounts are posted with payment information captured in the AVENU revenue system. Additional information such as net sales, deductions, credit sales, measure of tax, name change, and address change is captured and added to the payment data and taxpayer master file (as determined necessary by AVENU). Late payments (postmarked by U.S. Postal Service after the due date) are invoiced at penalty amounts required by State code. Under-payments are invoiced for remaining tax due plus any required penalties.
• Payments accepted: AVENU will provide tax or feepayers with the option to pay via ACH debit (electronic check, paper check by mail, credit card and ACH credit (upon approval). A convenience fee in the amount of 3%-4% will be charged for use of this convenient payment method. • Taxpayer Support: AVENU will provide a toll-free support number and provide taxpayer assistance Monday-Friday 7:30a.m.-4:30p.m CST. Taxpayer support inquiries will be handled in the order in which they are received. During peak volume and longer expected wait times, taxpayers will be provided with an option to leave their number and receive an automated return call without losing their place in line or they may choose to remain on hold for the next available agent. Avenu will also provide support via email. Email requests will be responded to upon the order received. • Changes to Attachment A: The CLIENT shall notify AVENU in writing immediately of all changes in amounts to be deposited into the accounts of designated recipients. An amended Attachment A shall be prepared and executed by the Parties as soon as reasonably possible. In addition, AVENU shall provide documentation confirming each change under the preceding sentence with the first monthly report reflecting the applicable change. If the changes reflected in the monthly report do not properly reflect the intended changes of the CLIENT, then the CLIENT shall immediately notify AVENU and, thereafter, AVENU shall take the steps necessary to ensure that designated recipients receive the amounts intended by the CLIENT.

1. Compliance Services
• Taxes Reviewed: AVENU will perform compliance services for taxes designated by CLIENT under Remittance Processing Services. AVENU will provide delinquency notification and follow-up. This includes correspondence, calls, and collection procedures and the related documentation. Delinquency policies and procedures will be applied consistently and within applicable tax laws. Unless otherwise directed by the CLIENT, AVENU will make reasonable efforts to collect taxes designated by the CLIENT hereunder. Where deemed reasonably appropriate accounts may be turned over to audit or third party collection.
• Conduct of Compliance Services: To assure that all taxpayers are treated fairly and consistently and all compliance services are performed in a similar manner, AVENU representatives who perform compliance services will use a similar compliance plan for each compliance service conducted. All funds due from compliance services will be remitted to CLIENT in the same manner as provided for pursuant to the Remittance Processing section above.

AVENU Deliverables
• Avenu will make available to the CLIENT with a cloud-based, self-service, interactive Government Services Portal. The interactive portal will provide access to reports and business information. • AVENU will make available to CLIENT detailed online reporting, including detailed payment listing, daily/weekly/monthly reconciliation reports, etc.
• AVENU will provide the CLIENT with reports via the online government services portal including, but not limited to, payment listings showing all taxes received related to net receipts reported, a general ledger distribution that corresponds to the CLIENT’s account numbers and all fees paid to AVENU.

These reports are updated following each distribution and are immediately available. • Avenu will provide Online filing and remittance portal using standard AVENU formatting for the Tax or Feepayers convenience.
• As required Avenu will provide Online Registration/License Application and Renewal portal using standard AVENU formatting for the Tax or Feepayers convenience. • Create and maintain account database from CLIENT database and other sources. • Provide tax and license forms and instructions by mail and/or electronic methods, initiate calls to businesses, and send filing reminders
• Receive data and input into administration system, batch forms/returns with payments, deposit checks, post to accounts and timely disbursement of funds.
• Reconcile Returns and Initiate Compliance Efforts: reconcile filings and payments; verify accuracy of filing; apply late fees, penalties, or interest; identify underpayments and refer to compliance process • AVENU will provide a toll-free support number and provide tax or feepayer assistance MondayFriday 7:30am-4:30pm CST. Tax or Fee payer support inquiries will be handled in the order in which they are received. During peak volume taxpayers will be provided with an option to leave their number and receive an automated return call without losing their place in line or they may choose to remain on hold for the next available agent.
• Provide notification to all businesses who fail to include required documentation with their annual business license new/renewal application.
• Issue, print, and mail approved License to business.

CLIENT Assistance
CLIENT shall assist AVENU by prior to the start of work to be performed by providing necessary information and assistance to include, but not be limited to, the following:
• the most recent registration to collect the tax or fee and • returns for the time period requested as needed to compile a historical database for the period of the statute of limitations;
• all existing Tax or Fee records to be converted in a file format agreed to by the AVENU and a time specified in the implementation plan.
• Provide a copy of all ordinances related to tax or fee administered. If applicable, provide most recent sales tax and business license registry and payment history for the prior three (3) years. • Inform AVENU of any circumstances concerning current existing payees; • Inform AVENU of the development of new business developments or coorperatives • Cooperate in the transition by reviewing proposed processing and materials, offering comments and suggestions and providing timely approvals;
• Undergo training in the use of online applications.
• Provide authorization for AVENU to act as an agent of the CLIENT to accept Registrations, Applications, Tax Returns, payments and to pursue compliance/collection efforts. • Provide notification of payment receipt from non compliant entities identified within two (2) business days of receipt.
• Distribution Confirmation: The CLIENT will fill in the account information requested on Attachment A and attach the same to the fully executed Agreement. Should there be any changes to the account or percentages in Attachment A, the CLIENT shall immediately notify AVENU in writing of all changes in amounts to be deposited into the accounts of designated recipents. • Changes to Attachment A: The CLIENT shall notify AVENU in writing immediately of all changes in amounts to be deposited into the accounts of designated recipients. An amended Attachment A shall be prepared and executed by the Parties as soon as reasonably possible. In addition, AVENU shall provide documentation confirming each change under the preceding sentence with the first monthly report reflecting the applicable change. If the changes reflected in the monthly report do not properly reflect the intended changes of the CLIENT, then the CLIENT shall immediately notify AVENU and, thereafter, AVENU shall take the steps necessary to insure that designated recipients receive the amounts intended by the CLIENT.
• Tax or Fee Change Notification: In the event of any change to the tax or fee rates being administered the CLIENT must provide notification ninety (90) days prior to the effective date of the change. Tax or fee changes include but are not limited to the following: rate increase, rate decreases, expiration of special tax districts, levy of new taxes, discontinuation of a current tax, modification of tax boundaries or creation of any special tax districts and/or events.
• CLIENT agrees to examine reports immediately. If no error is reported by the CLIENT to AVENU within thirty (30) days, the statement will deemed accurate.

A.2 LODGING TAX ADMINISTRATION SERVICES
Statement of Work
The Lodging Tax Administration Services offer a turnkey approach to ensure appropriate collection, deposit, recording, delinquency follow up, and reporting of the designated tax or fee administered on behalf of the CLIENT. These services include all correspondence, forms, and other such services to ensure appropriate and timely remittance of the tax or fee.

Remittance Processing
• Taxes and/or Fees Processed: AVENU will perform remittance processing for taxes and/or fees as designated by the CLIENT.
• BusinessNotification and Remittance: AVENU will provide individualized tax/fee notifications to all known tax or feepayers (“Taxpayer(s)”). Taxpayers will remit payments as indicated in Attachment A, Distribution Confirmation, attached and incorporated herein by reference. Upon reasonable notice to CLIENT, AVENU may change the address for payments. Online filing and remittance using standard AVENU formatting is provided for the Taxpayers convenience. • Deposit Process: Deposits are made to the extent that funds have been received, via Automated Clearing House of the amounts and to the designated recipients as instructed by the CLIENT for each type of tax and/or fee collected
• Posting Process: accounts are posted with payment information captured in the AVENU revenue system. Additional information such as net sales, deductions, credit sales, measure of tax or fee, name change and address change is captured and added to the payment data and accountmaster file (as determined necessary by AVENU). Late payments are invoiced at penalty amounts required by State code. Under-payments are invoiced for remaining tax or fee due plus any required penalties. • Business Support: AVENU will provide a toll free support number and provide assistance MondayFriday 7:30a.m.-4:30p.m CST. Support inquiries will be handled in the order in which received.

During peak volume businesses will be provided with an option to leave their number and receive an automated return call without losing their place in line or they may choose to remain on hold for the next available agent.
• Payments accepted: AVENU will provide tax or feepayers with the option to pay via ACH debit (electronic check, paper check by mail, credit card and ACH credit (upon approval). A convenience fee in the amount of 3%-4% will be charged for use of this convenient payment method.

Changes to Attachment A: The CLIENT shall notify AVENU in writing immediately of all changes in amounts to be deposited into the accounts of designated recipients. An amended Attachment A shall be prepared and executed by the Parties as soon as reasonably possible. In addition, AVENU shall provide documentation confirming each change under the preceding sentence with the first monthly report reflecting the applicable change. If the changes reflected in the monthly report do not properly reflect the intended changes of the CLIENT, then the CLIENT shall immediately notify AVENU and, thereafter, AVENU shall take the steps necessary to insure that designated recipients receive the amounts intended by the CLIENT.

Compliance Services
• Accounts Reviewed: AVENU will perform compliance services for taxes or fees designated by CLIENT under Remittance Processing Services. AVENU will provide delinquency notification and follow-up. This includes correspondence, calls, and collection procedures and the related documentation. Delinquency policies and procedures will be applied consistently and within applicable tax laws. Unless otherwise directed by the CLIENT, AVENU will make reasonable efforts to collect taxes or fees designated by the CLIENT hereunder. Where deemed reasonably appropriate accounts may be turned over to audit or third party collection. • Conduct of Compliance Services: To assure that all tax or feepayers are treated fairly and consistently and all compliance services are performed in a similar manner, AVENU representatives who perform compliance services will use a similar compliance plan for each compliance service conducted. All funds due from compliance services will be remitted to CLIENT in the same manner as provided for pursuant to the Remittance Processing section above.

AVENU Deliverables
• Avenu will make available to the CLIENT with a cloud based, self-service, interactive Government Services Portal. The interactive portal will provide access to reports and business information. • AVENU will make available to CLIENT detailed online reporting, including detailed payment listing, daily/weekly/monthly reconciliation reports, etc.
• AVENU will provide the CLIENT with reports via the online government services portal including, but not limited to, payment listings showing all taxes received related to net receipts reported, a general ledger distribution that corresponds to the CLIENT’s account numbers and all fees paid to AVENU. These reports are updated following each tax distribution and are immediately available online.; • Avenu will provide Online filing and remittance portal using standard AVENU formatting for the Tax or Feepayers convenience.
• As required Avenu will provide Online Registration/License Application and Renewal portal using standard AVENU formatting for the Tax or Feepayers convenience. • Create and maintain accountdatabase from client database and other sources. • Provide tax and license forms and intructions by mail and/or electronic methods, initiate calls to businesses, and send filing reminders
• Receive data and input into administration system, batch forms/returns with payments, deposit checks, post to accounts and timely disbursement of funds.
• Reconcile Returns and Initiate Compliance Efforts: reconcile filings and payments; verify accuracy of filing; apply late fees, penalties or interest; indentify underpayments and refer to compliance process • AVENU will provide a toll free support number and provide tax or feepayer assistance Monday-Friday 7:30a.m.-4:30p.m CST. Tax or Feepayer support inquiries will be handled in the order in which received.

During peak volume taxpayers will be provided with an option to leave their number and receive an automated return call without losing their place in line or they may choose to remain on hold for the next available agent.

CLIENT Assistance
CLIENT shall assist AVENU by prior to the start of work to be performed by providing necessary information and assistance to include, but not be limited to, the following:
• the most recent registration to collect the tax or fee and • returns for the time period requested as needed to compile a historical database for the period of the statute of limitations;
• all existing Tax or Fee records to be converted in a file format agreed to by the AVENU and a time specified in the implementation plan.
• Provide a copy of all ordinances related to tax or fee administered. If applicable, provide most recent sales tax and business license registry and payment history for the prior three (3) years. • Inform AVENU of any circumstances concerning current existing payees; • Inform AVENU of the development of new business developments or coorperatives • Cooperate in the transition by reviewing proposed processing and materials, offering comments and suggestions and providing timely approvals;
• Undergo training in the use of online applications.
• Provide authorization for AVENU to act as an agent of the Client to accept Registrations, Applications, Tax Returns, payments and to pursue compliance/collection efforts. • Distribution Confirmation: The CLIENT will fill in the account information requested on Attachment A and attach the same to the fully executed Agreement. Should there be any changes to the account or percentages in Attachment A, the CLIENT shall immediately notify AVENU in writing of all changes in amounts to be deposited into the accounts of designated recipients. • Changes to Attachment A: The CLIENT shall notify AVENU in writing immediately of all changes in amounts to be deposited into the accounts of designated recipients. An amended Attachment A shall be prepared and executed by the Parties as soon as reasonably possible. In addition, AVENU shall provide documentation confirming each change under the preceding sentence with the first monthly report reflecting the applicable change. If the changes reflected in the monthly report do not properly reflect the intended changes of the CLIENT, then the CLIENT shall immediately notify AVENU and, thereafter, AVENU shall take the steps necessary to insure that designated recipients receive the amounts intended by the CLIENT.
• Tax or Fee Change Notification: In the event of any change to the tax or fee rates being administered the CLIENT must provide notification ninety (90) days prior to the effective date of the change. Tax or fee changes include but are not limited to the following: rate increase, rate decreases, expiration of special tax districts, levy of new taxes, discontinuation of a current tax, modification of tax boundaries or creation of any special tax districts and/or events.
• CLIENT agrees to examine reports immediately. If no error is reported by the CLIENT to AVENU within thirty (30) days, the statement will deemed accurate.

A.3 DISCOVERY/RECOVERY & AUDIT SERVICES
Statement of Work
Discovery/Recovery Services are designed to provide a full-service solution to the CLIENT’S designated tax or fee enforcement procedures. It does not replace current functions but provides a focused and solution to the identification of entities subject to taxation and/or registration by the CLIENT, which are not properly registered, or otherwise not reporting taxes and/or fees to the CLIENT. In performing the Discovery/Recovery Services, CONSULTANT shall:
• Establish a comprehensive inventory of the entities subject to taxation by the CLIENT and the database elements needed to facilitate a comprehensive comparative analysis with the CLIENT’S records of those entities that are properly registered.
• Compare CONSULTANT’S database of business records with the CLIENT’S records to identify potential non-reporting and non-registered entities subject to taxation. • For unregistered or non-reporting entities identified and confirmed, assist the entities, as necessary, to complete the CLIENT’S applicable registration and/or tax returns. • Invoice entities (including supporting documentation) on behalf of the CLIENT for the number of identified deficiencies, with payment to be remitted to CONSULTANT. • Exhaust reasonable efforts to collaborate with the taxpayer in submitting registration and/or tax returns and payment correctly. Where deemed reasonably appropriate accounts may be turned over to audit or third party collection.
• Collect the number of identified deficiencies, together with required supporting documentation, and remit payment received to the CLIENT as agreed upon in the workplan. (CONSULTANT shall follow the CLIENT’S business rules in collecting partial payments or the tax in full at the CLIENT’S direction.). • Provide call center open during normal business hours (8:30a.m.-4:30p.m. PST.) to assist entities with questions concerning application of the CLIENT’S taxes, and reporting and remittance requirements. • Educate entities regarding the CLIENT’S reporting requirements to prevent recurring deficiencies in future years.

CONSULTANT Deliverables
Throughout the course of the agreement, CONSULTANT will:
• Provide reports addressing each taxpayer who have failed to register and/or report appropriate taxes, penalties, interest and any fees due.
• Provide a detail payment listing showing all taxes and fees paid to CONSULTANT. • Monitor and analyze the tax registry files of CLIENT no less than annually.

Remit payment to the CLIENT for funds received on behalf of the CLIENT no less than once per month on or before the tenth (10th) day of the month following collection.

CLIENT Assistance
CLIENT shall assist CONSULTANT by providing necessary information and assistance to include, but not be limited to, the following:
the most recent registration to collect the tax and
• returns for the time period requested as needed to compile a historical database for the period of the statute of limitations;
• all existing, License and Tax records to be converted in a file format agreed to by the CONSULTANT and a time specified in the implementation plan. • Provide a copy of all ordinances related to sales tax, rental, hotel occupancy, loding tax, permits and or business registration.
• Distribution Confirmation: The CLIENT will fill in the account information requested on Attachment A and attach the same to the fully executed Agreement. Should there be any changes to the act count or percentages in Attachment A, the CLIENT shall immediately notify CONSULTANT in writing of all changes in amounts to be deposited into the accounts of designated recipients. • Changes to Attachment A: The CLIENT shall notify CONSULTANT in writing immediately of all changes in amounts to be deposited into the accounts of designated recipients. An amended Attachment A shall be prepared and executed by the Parties as soon as reasonably possible. In addition, CONSULTANT shall provide documentation confirming each change under the preceding sentence with the first monthly report reflecting the applicable change. If the changes reflected in the monthly report do not properly reflect the intended changes of the CLIENT, then the CLIENT shall immediately notify CONSULTANT and, thereafter, CONSULTANT shall take the steps necessary to insure that designated recipients receive the amounts intended by the CLIENT.
• CLIENT agrees to examine reports immediately. If no error is reported by the CLIENT to CONSULTANT within thirty (30) days, the statement will deemed accurate.

A.4 DEFICIENCY AUDIT SERVICES
Objectives and Methods
CONSULTANT's Deficiency Audit Service is designed to assist the CLIENT in maximizing local tax revenue due to the CLIENT through an examination of records and engagement of local taxpayers to ensure the appropriate collection and remittance of local taxes and fees.

Statement of Work
Audit Services
• Perform examinations of taxpayer records requested by CLIENT. • Provide CLIENT staff with a draft engagement announcement letter to be sent to each taxpayer requiring examination.
• In coordination with CLIENT staff, schedule, and conduct reviews at the business location or remotely of those taxpayers identified and authorized for examination. • Verify accuracy of filed tax returns or fee schedules. • Review, as needed, taxpayer’s bank statements, tax returns, general ledger accounts, and other books and records.
• For each error/omission identified and confirmed, submit substantiating documentation to designated CLIENT staff to facilitate collection of revenue due from taxpayers for prior periods. • Coordinate with designated CLIENT official(s) as needed to review findings and recommendations. • Assist CLIENT in reviewing any matters submitted in extenuation and mitigation by taxpayers in contesting a deficiency determination; and
• Prepare and document any changes to the review findings and provide revised tax amounts due to the CLIENT.

CONSULTANT Deliverables
Audit Services
• Provide CLIENT staff with a draft Audit Announcement Letter to be sent to taxpayers subject to examination.
• For each error/omission identified and confirmed, submit a written report substantiating documentation to designated CLIENT staff to facilitate collection of revenue due from taxpayers for prior periods together with draft Notices of Deficiency Determination, and/or credit, or other letters as applicable; • Prepare and document any changes to the review findings and provide revised tax amounts due to the CLIENT.
• Review any extenuation or mitigation submitted by taxpayers in contesting a deficiency determination and prepare draft response to CLIENT staff; and
CLIENT Assistance
Audit Plan
• Client will provide CONSULTANT with the records of those taxpayers authorized by CLIENT for examination.
• CLIENT agrees to return the signed authorization letter on CLIENT letterhead within thirty (30) days of the effective date of the agreement.
• CLIENT agrees to provide CONSULTANT with its ordinances, codes, and tax rates within thirty (30) days of the effective date of the agreement, and notice of any changes thereafter in the ordinances, codes, and tax rates levied by the CLIENT.
• CLIENT agrees to timely sign subpoenas, as required.
• CLIENT agrees to timely sign Final Assessments, as required.

EXHIBIT B

COMPENSATION SCHEDULE
This Compensation Schedule is incorporated in the Consulting Services Agreement (“Agreement”) by and between AVENU INSIGHTS & ANALYTICS, LLC (“AVENU”) and CITY OF WILLITS, CA (“CLIENT”). .

B.1 BUSINESS LICENSE TAX ADMINISTRATION SERVICES
CALIFORNIA QUARTERLY Business License Tax Administration Services shall be provided for a one-time Business License Registration Portal of Fourteen Thousand Two Hundred Fifty Dollars ($14,250) and an annual fee of Nineteen dollars ($19) per license renewal notification and for each new application processed and issued within the Avenu. application. Fees are invoiced and due at the beginning upon annual license notification. Fees will be deducted from tax collections via net remit. Annual notifications will be provided for all businesses with a current license and or other activity that may indicate the business is responsible for purchasing a license.

B.2 LODGING TAX ADMINISTRATION SERVICES
CALIFORNIA Lodging Fee
Lodging Administration Services shall be provided for an amount equal to Two Hundred Thirty- Nine Dollars 40 Cents ($239.40) per property for providing Administration services. Fees are due monthly as transactions/dollars are processed and will be invoiced on a monthly basis.

PRICE ADJUSTMENT:

The fees associated with the Business License Tax Administration Services, and Lodging Administration Services of Agreement are adjusted annually at the beginning of each Term of the Agreement by five percent (5%).

TRAVEL AND OUT-OF-POCKET
CLIENT shall reimburse AVENU for reasonable travel and other out-of-pocket expenses associated with the performance of the field audits including but not limited to lodging, parking, mileage, per diem, etc. (Mileage and per diem shall be according to IRS regulations). Such reimbursement shall be billed incrementally.

B.3 COMPENSATION FOR DISCOVERY/RECOVERY SERVICES
The Discovery/Recovery Services shall be provided for a contingency fee of Thirty-five percent (35%) of the additional delinquent revenue received by CLIENT for the services. The thirty-five (35%) contingency fee shall apply to the current license/fee year and/or period, all eligible prior period revenues collected, and any applicable penalties, interest, and late charges. The contingency fee is also due on all payments made direct to the CLIENT.

The contingency fee only applies to revenue actually received by CLIENT. The term “current license/fee year/period” shall mean the most recent year or period for which local license and/or fees are due and payable to CLIENT, and in which CONSULTANT has identified deficiencies.

Travel & Out-of-Pocket
CLIENT shall reimburse CONSULTANT for reasonable travel and other out-of-pocket expenses associated with the performance of the field audits including but not limited to lodging, parking, mileage, per diem, etc. (Mileage and per diem shall be according to IRS regulations). Such reimbursement shall be billed incrementally.

Additional Consulting
CLIENT may request that CONSULTANT provide additional consulting services at any time during the term of this Agreement. If CONSULTANT and CLIENT agree on the scope of the additional consulting services requested, then CONSULTANT shall provide the additional consulting on a Time and Materials basis. Depending on the personnel assigned to perform the work, standard hourly rates range from ninety dollars ($90) per hour to three-hundred fifty dollars ($350) per hour.

These additional consulting services will be invoiced at least monthly based on actual time and expenses incurred.

B.4 COMPENSATION FOR DEFICIENCY AUDIT SERVICES
Audit
CONSULTANT’S compensation for the Deficiency Audit Services shall be a contingency fee of thirty-five percent (35%). The thirty-five percent (35%) contingency fee shall apply to revenue received by the CLIENT as a result of deficiencies identified in the review and shall include any eligible prior period revenues together with all penalties, interest, and late charges. The CLIENT agrees to use reasonable and diligent efforts to collect deficiencies identified by CONSULTANT.

Travel and Out-of-Pocket
CLIENT shall reimburse CONSULTANT for reasonable travel and other out-of-pocket expenses associated with the performance of the field audits including but not limited to lodging, parking, mileage, per diem, etc. (Mileage and per diem shall be according to IRS regulations). Such reimbursement shall be billed incrementally.

Depending on the personnel assigned to perform the work, standard hourly rates range from ninety dollars ($90) per hour to three-hundred fifty dollars ($350) per hour.

ATTACHMENT A
Distribution Confirmation
August 4, 2023
Cathy Moorhead
City of Willits
111 East Commercial Street
Willits, CA 95490
Dear Ms. Moorhead,
Funds will be distributed in the following accounts pursuant to this Agreement:

Agency Routing # Account # Distribution
%
Tax Type
If at any time there are any discrepancies between the schedule set out above and the CLIENT’s records, please notify us in writing immediately.

IT IS YOUR RESPONSIBILITY TO PROVIDE NOTICE TO US OF ANY CHANGES IN TAX RATES OR IN THE DISTRIBUTION OF FUNDS. NOTICE MUST BE IN WRITING AND SENT, VIA CERTIFIED MAIL, TO:

Avenu Insights & Analytics, LLC
600 Beacon Parkway West, Suite 900
Birmingham, AL 35209
Attn.: Connie Taylor, Client Relations Manager
Thank you for your assistance. If you have any questions, or if I may be of assistance, please let me know.

Connie Taylor, Client Relations Manager
Avenu Insights & Analytics, LLC
Phone: 213-246-2445, Fax: 205-423-4097
E-mail: [email protected]
I have reviewed the above distribution and verify that it is correct.

City of Willits
By: ________________________________________________
Name: ___________________________________________
Title: ___________________________________________
Resolution No. 2023-__ Page 1 of 1 September 27, 2023
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS AUTHORIZING THE

CONTRACT WITH AVANUE INSIGHTS & ANALYTICS TO PROVIDE COLLECTION AND COMPLIANCE AUDITING SERVICES FOR BUSINESS LICENSE FEES.

WHEREAS, pursuant to Ordinance No. 95-9 of the City of Willits, every person who engages in business within the City, shall pay a license tax based upon the gross receipts of such business during the preceding quarterly or fiscal year at rates adopted, from time to time, by resolution of the City Council; and
WHEREAS, pursuant to Revenue and Taxation Code Section 7270, the City entered into a contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and collection of transactions and use taxes; and WHEREAS, any person, or entity, who conducts any business, trade, profession, enterprise, establishment, or occupation within the City is required to obtain a license whether or not the physical business address is in or outside of the City; and WHEREAS, the license required to conduct business within the City is based on gross receipts of the business activity; and
WHEREAS, the City would like to ensure appropriate and timely collection, deposit, recording, delinquency follow up, and reporting of the local business license fees and transient occupancy taxes; and
NOW, THEREFORE, BE IT RESOLVED that the Willits City Council does hereby authorize and approve the City Manager to execute the agreement presented by Avenue Enterprise Solutions, LLC, for the services listed in Exhibit A, including all correspondence, forms, and other such services to ensure appropriate and timely remittance of the Transient Occupancy Tax and the Business License fees.

This contract is for the duration of five-years in the amount of $30,662.20 for the first year and $16,412.20 for each subsequent year for a total of $96,311.00, for the services to be paid for by the normal revenue collection of the City.

AYES:

NOES:

ABSENT:

ATTEST:
_____________________________
_________________________________
GRETA KANNE, Mayor
City Council of the City of Willits
DELORES PEDERSEN, City Clerk
1 Airport
Monthly Achievements & Activities
•
•
•
Researched vendors and obtained a quote for the replacement of the drive-thru gate. Staff is continuing to work with the vendor to get a contract in place and move forward with a replacement.

Discussed with Armstrong Consultants a tentative five-year Airport Capital Improvement Plan (ACIP).

Repainted the flagpole and flying a new flag.

Project Updates
•
•
•
Completed the bank setup for the card reader at the Fuel Island and waiting for the contractor to install the components in September. Once this takes place, we will be completely up and running.

Mike Smith’s hangar is nearing completion.

Continued clean up and repairs to Hangar 22 with a goal of completing the project by the end of September. The intent is to have the hangar ready for leasing in October. As a reminder, the City acquired this previously privately-owned hangar at the termination of its ground lease.

Staffing Items
• No items to report.

Budget Status
• No items to report.

Focus for Next Month
• Make the Fuel Island operational.

August 2023 | Report
10a
1 Monthly Achievements & Activities
• Issued eleven Building Permits.
• Opened fifteen Code Enforcement Case.
• Closed six Code Enforcement Cases.
• Total of 59 active Code Enforcement Cases.

Project Updates
• Trail Project:
o Completed site visit with California Department of Fish and Wildlife (CDFW) to review project conditions. Staff is awaiting comments from CDFW regarding our permit application. o Met with Regional Water Quality Control Board staff to develop appropriate mitigation ratios for project impacts to low quality wetlands and obtain agency permit. o Completed grant reports and reimbursement request.
o Consultants expect to complete 95-percent design work by mid-September for City peer review. Updated project cost estimates will accompany 95-percent designs. o Construction expected to begin in Spring 2024.
• General Plan Land Use Element Update:
o Completed review of the Administrative Draft LUE Update. o Held a project coordination meeting with Mendocino County and LAFCO to discuss draft Sphere of Influence update that was previously presented to Council. o Completed grant reports and reimbursement request.
o Final LUE update and EIR are anticipated for completion in April 2024. • Comprehensive Sidewalk Ordinance:
o Staff will be meeting on September 26th to review draft ordinance materials to present to the Council. Staff anticipates bringing forward the item for Council discussion at an October meeting date.
• City Housing Rehabilitation Program:
o Executed contract with consultant group LACO to assist with creation of program framework and administrative duties.
• Caltrans Signage:
o City executed contract with Caltrans to order and install requested signage. o Signs expected to be installed in the next 2-3 months. o Staff has requested notification at least one-week prior to installation. • Harvest Moon Celebration:

Community Development August 2023 | Report
10b
2 o City issued Encroachment Permit for the temporary closure of Main Street from its intersection with Commercial Street to intersection with Wood Street. o All property owners within 650 feet of the road closure will be notified by mail. The Chamber is also hand delivering notices to affected business owners. o The Department plans to have a table at the event to promote City projects, share information about services and resources, and collect feedback through a community survey. Those who take the survey will have a chance to win a prize.

Staffing Items
• Taylor Perry has been promoted to the Senior City Planner position. • Building Official Davey Bowles received his Code Enforcement Officer Certification from the California Association of Code Enforcement Officers.
• Community Development Director Dusty Duley received the High-Performance Leadership Master Certificate from the ICMA Professional Development Academy.

Budget Status
• No items to report.

Focus for Next Month
• General Plan LUE Update and SOI Amendment:
o Work on LUE Public draft.
o Continue to coordinate with LAFCO and Mendocino County. o Develop property owner outreach materials and notify property owners subject to General Plan/zone change.
• Trail Project:
o Submit grant application to State Coastal Conservancy to fund increased construction and labor costs and mitigation work.
o Hold further coordination meetings with CDFW and RWQCB towards goal of obtaining agency permits.
o GRTA License Agreement.
o Complete application to CPUC to approve trail public crossing designs. • Sidewalk Ordinance:
o Continue to meet with staff and develop policy options to present to Council. • Contract 3rd party building plan review services to support Building Division staff as needed.

Additional services would be available to support Division in completing specialized inspections and plan reviews, and provide regular plan review services during unexpected staff absences, or when the Division receives an increase in requests for building permits beyond regular staff capacity.

Finance August 2023 | Report
Monthly Achievements & Activities
•
•
•
Completed payroll setup for Springbrook.

Continued the reconciliation of Landfill Program accounts. The effort is at a 95-percent completion level with the expectation of having a transmittal letter sent to the County at the start of October.

Received Brooktrails’ payment for the wastewater debt service, however, have not received the payment for their share of capital improvements at the Wastewater Treatment Plant as of September 19th.

Project Updates
•
o
o
o
o
o
•
o
o
•
o
Springbrook transition:

Completed payroll setup and now ready for parallel testing against ADP.

Completed the first draft of the Purchasing Policy, including Accounts Payable and Purchasing Orders.

Started the design of a Reserve Policy to guide decisions related to the assignment of fund balances.

Exploring the basis of a Financial Crisis Plan to build resiliency in finances and ensure stable funding during times of crisis.

Examining the implementation of Methodology & Accounting Processes (MAP) Guidelines to add structure to daily accounting tasks.

Fiscal Year 2020-2021 Audit:

Interim completed.

Pulling testing data related to Accounts Payable and Receivable.

Fiscal Year 2021-2022 Audit:

Delayed until the completion of FY 2020-21.

Staffing Items
• No items to report.

Budget Status
• No items to report.

Focus for Next Month
•
•
•
Continue with the processing of the FYs 2020-21 & 2021-22 Audits.

Completing Bank Reconciliation for FY 21-22.

Quarterly Budget Reports.
10c
Police Department
Monthly Achievements & Activities
August 2022 August 2023
• 911 Calls Received 49 44
• Calls for service (CFS) 680 563
• Cases 87 67
• Arrests 44 35
• Citations 42 32
Project Updates
• No items to report.

Staffing Items
•
•
•
•
•
Due to a shortage of Field Training Officers, we paused our Field Training Program. During this pause, we utilized a mutual aid agreement with the Fort Bragg Police Department to temporarily provide field exposure for one of our new Officers in training.

While the Field Training program was paused, our other Officer in training rode with a senior Officer to gain field exposure.

Our Dispatch Supervisor retired after nearly four-decades of service to the City of Willits.

Additionally, another of our full-time Dispatchers resigned to accept the same position with an allied agency.

The Department has an ongoing recruitment to fill vacancies for Dispatcher and Community Service Officer, as well as Police Officer and Police Sergeant.

Our sworn staffing stands at about 50-percent of authorized strength; temporary augmentation to ensure we are providing around-the-clock coverage is being provided via mutual aid agreement with the Mendocino County Sheriff.

Budget Status
• No items to report.

Focus for Next Month
•
•
•
Preparing the newly acquired vehicles for inclusion in the operational fleet.

Recruitment for vacancies in both sworn and non-sworn positions.

Vetting Police Officer candidates via the background investigation process.

August 2023 | Report
10d
Police Department
• Coordinating interview panels for current applicants for Police Officer, Police Sergeant, and Community Service Officer vacancies.
1 Monthly Achievements & Activities
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Mowed all Athletic Fields and Park once per week.

Recreation Grove hosts an ever-growing number of events throughout the year serving the community for both private and public outdoor gatherings. Staff supports these events by providing a variety of services as needed.

Repaired the play structure at Recreation Grove. A small section of steps leading up one side of the structure had begun to loosen and LTS Welding welded it back to original specifications.

Repaired irrigation valves at the Rodeo Grounds and at the Sports Complex. Continued sprinkler maintenance at all Parks and Recreation Fields. As the seasons begin to change and give way to cooler temperatures, the need for watering declines.

Received the second variable message board. The inventory consists of two.

Preparing a contract to authorize the pruning the two Liquid Amber trees on the corner of Main St. and E. Mendocino Ave. (adjacent to Kelly’s Dinner). The trees have outgrown their weight bearing capacity and have begun to pose a potential hazard to vehicles, pedestrians, and the buildings in that area.

Placed an order for new street signs to replace missing or faded signs.

Conducted pothole patching in the areas around the schools prior to the first day of school.

Evaluated plans for remodeling of the restrooms at the Carnival Grounds prior to release for bids. This is under the Prop 68 Grant.

Project Updates
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Cleaned the Upper Weir adjacent to the Centennial Reservoir. The weir is ready for the winter rains.

Responded to multiple water leaks at various locations. The Streets and Utilities crews are repairing to an average of two per week. The majority of these leaks are on aging waterlines scheduled for replacement or individual services.

Trimmed Main Street trees for greater pedestrian and vehicle clearance. The trees will be shaped this fall to insure continued healthy growth in the canopy. The trees are flourishing, with many of them now grown to the size that the staking is no longer needed. Refreshed and weeded the chip beds, and sanded the pavers where needed.

Staffing Items
• Nigel Swinney received a promotion to the position of Parks and Facilities Foreman. Nigel has been with the City for over two-years now and has been recognized as a lead in the caretaking of Parks and Fields.

Services & Facilities August 2023 | Report
10e
2 Budget Status
• No items to report.

Focus for Next Month
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Finish clearing and winterizing the Watershed Access Road.

Trim street trees as needed for shaping and line of sight as they enter dormancy this fall. Start a contract for stump grinding at the Recreation Grove and Rodeo Grounds.

Start prepping the drainage system. This includes ditch work and clearing the stormwater drains, cleaning beneath bridges to remove debris and garbage, and stocking up on flood mitigation supplies.

Begin winterizing facilities and buildings for the upcoming storm season. 1 Monthly Achievements & Activities
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Installed sewer backflow device at the U-wash Laundromat.

Cleaned 1,100-linear feet of sewer mainline.

Parks used the WWTP vacuum truck to assist with repairing three irrigation lines at the Ballfields, Recreation Grove, and Rodeo grounds.

Pot-holed for confirmation of the size of water main at Madden & E. Van Lanes.

Installed new brushes for the auger at the Septage Receiving Station.

Replaced two water service lines at East Hill Estates.

Replaced curb stop for water meter on Sequoia Boulevard.

Delivered the WWTP loader to Peterson Cat for maintenance.

Repaired water leak in the raw vault at the Surface Water Treatment Plant (SWTP).

Drained and cleaned clarifier side of Filter #1 at SWTP.

Rewired potassium permanganate pumps to use second VFD.

Installed two 1.5-inch meters at the Four Brothers Subdivision.

Maintenance around the Meadowbrook and Berryhill Pump Stations.

Assisted utility meter reader with monthly shutoffs.

Conducted the monthly exercise of all distribution pump station generators.

Project Updates
• Reservoir Capacity: Morris 510-acre feet and Centennial 601-acre feet equates to 85-percent of full capacity (September 8th).
• Aug. 2023 Water Usage: SWTP: 28,024,058 MG. Aug. 2022: 21,329,564 MG.

GWTP: 0 MG. Aug. 2022: 2,829,000 MG.

Totals: 28,024,058 MG. Aug. 2022: 27,667,554 MG.

Aug. 2022: 682,045 K/Gals.
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Received 95-percent plans and specs for the Underground Utilities Project from LACO.

Underground Service Alert’s (USA) locations completed for the Underground Utilities Project.

Repaired two small slip outs and cleared full access on the Watershed Road Mariposa Creek Road.
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Non-Potable Water Usage [Truck Fill Station]: 750,849 K/Gals.

Aug. 2023 Wastewater Treatment Plant Flows: 16,972,073 MG.

Installed stainless steel filter screens on Filter #1 at the SWTP.

Completed the annual cleaning of Centennial Reservoir influent flow weir.

Replaced roof and shingles at the Meadowbrook Pump Station.

Utilities August 2023 | Report
10f
2 • Completed SCADA connection from the Elias Well to the Ground Water Treatment Plant after the installation of the new VFD and pump.

Staffing Items
• Clarence Tarver returns to the SWTP on September 18th.

Budget Status
• No items to report.

Focus for Next Month
• Wipf Construction is exploring the feasibility of using a valve insertion instead of a system shutdown to minimize impacts to the Safeway shopping complex. The project is the of water mainline valve on S. Main Street.
• Schedule to pull and inspect Raw Water Pump #3 at SWTP due to a ground fault signal. • Schedule filter media inspection at the GWTP.

Willits City CouncilSeptember 27, 2023

Willits City Council
September 27, 2023