6 149 (2) Where there is more than one Host, each Host is liable 150 jointly and severally for response costs.
151 (b) The amount of response costs constitutes a debt owed to the City 152 which may be collected in any manner legally available to the 153 City.
154 (c) Notice of the response costs shall contain the following itemized 155 information:
156 (1) The name of the Host(s) who is liable for the response costs; 157 (2) The address of the private property where the incident 158 occurred;
159 (3) The date and time of the response;
160 (4) The itemized cost of law enforcement, fire, or other 161 emergency response personnel who responded as well as 162 code enforcement or other City personnel and the associated 163 legal costs
164 (d) Notice shall be served on each Host at the property address by 165 first-class mail or by any means provided for service of a civil 166 complaint.
167 (e) Payment for response costs shall be remitted to the City within 30 168 calendar days of the date of the notice.
169 (f) The payment of any such costs shall be stayed upon the filing of a 170 timely appeal under section 9.70.060.
171 9.70.060. Appeal of Charge for Response Costs
172 Any Host charged with response costs may, without a fee and within 10 173 calendar days of the date of the notice of response costs, appeal all or a 174 portion of the response costs to the City Manager. The City Manager shall 175 meet with the Host within 15 calendar days of receiving the appeal. 176 Within the next 30 calendar days, the City Manager shall determine
7 177 whether or not to uphold the appeal. The decision of the City Manager is 178 final.
179 (a) Failure to timely file an appeal constitutes a failure to exhaust 180 available administrative remedies, and bars any further review, 181 administrative appeal or court review of the response costs. 182 9.70.070. Violation - Penalties
183 (a) In addition to any other remedy allowed by law, any person 184 who violates a provision of this Article is subject to criminal 185 sanctions, civil actions, and administrative penalties pursuant to 186 the provisions of this City Code. All remedies prescribed under 187 this Article are cumulative and the election of one or more 188 remedies does not bar the City from the pursuit of any other 189 remedy available to the City.
190 (b) All violations of this Article are declared to be a public nuisance. 191 (c) Notwithstanding anything to the contrary, the amounts for an 192 administrative penalty for a violation of this ordinance shall 193 be set by resolution from time to time adopted by the City 194 Council.
195 Section 3. CEQA Exemption.
196 The City Council hereby finds and determines that the action taken in 197 this Ordinance does not commit the City to any action that may have a 198 significant effect on the environment. Accordingly, under the provisions of § 199 15061(b)(3) and § 15378(b)(5) of Division 6 of Title 14 of the California 200 Code of Regulations, the CEQA Guidelines, the adoption of this ordinance 201 is not subject to the requirements of the California Environmental Quality 202 Act. The City Council directs City staff to file a Notice of Exemption within 203 five (5) days following adoption of this Ordinance with the Siskiyou County 204 Clerk.
205
8 206
207 Section 4. Severability. If any section, subsection, part, clause, sentence or 208 phrase of this ordinance or the application thereof is for any reason held to 209 be invalid or unconstitutional by a decision of any court of competent 210 jurisdiction, the validity of the remaining portions of this Ordinance, the 211 application thereof, shall not be effected thereby but shall remain in full 212 force and effect, it being the intention of the City Council to adopt each and 213 every section, subsection, part, clause, sentence phrase regardless of whether 214 any other section, subsection, part, clause, sentence or phrase or the 215 application thereof is held to be invalid or unconstitutional. 216 Section 5. Effective Date. This Ordinance shall take effect sixty-one days 217 after its passage and adoption pursuant to California Government Code 218 Section 36937 and shall supersede any conflicting provision of any City of 219 Yreka ordinance.
220 Section 6. Implementation. The City Council hereby authorizes and directs the 221 City Manager to take any action and sign any documents necessary to 222 implement this Ordinance.
223 Section 7. Certification. The City Clerk shall certify to the passage and 224 adoption of this ordinance and shall cause the same to be published or posted 225 according to law.
226 Section 8. Inconsistencies. Any provisions of the Yreka Municipal Code, or 227 appendices thereto, or any other ordinances of the City inconsistent herewith, to 228 the extent of such inconsistencies and no further, are hereby repealed. 229 Section 9. Codification. The City Clerk is directed and authorized to instruct 230 the publisher of the City of Yreka Municipal Code that codification of this 231 Ordinance is limited to Section 2.
232
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236
237
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Section 10. Execution. The Mayor and City Clerk are authorized to subscribe this ordinance where indicated below to evidence its approval.
Introduced at a regular meeting of the City Council held on March 21, 2023 and, following a public hearing, passed, approved at least a 4/5 majority and adopted at a regular meeting of the City Council of the City of Yreka 239 held on April 18, 2023 by the following vote:
240
241 AYES:
242 NOES:
243 ABSTAIN:
244 ABSENT:
245
246 Corey Middleton, Mayor
247 Approved as to Form: Attest:
248
249 Dohn Henion, City Attorney Rhetta Hogan, City Clerk /s/ Dohn Henion, City Attorney
RESOLUTION NO. 2023-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA
ESTABLISHING FEES RELATING TO VIOLATION OF PERSONAL
FIREWORKS PURSUANT TO ORDINANCE 874
WHEREAS, a proposed ordinance adding Chapter 9.70 to the Yreka Municipal Code Entitled “Personal Fireworks Prohibited” and Finding the Ordinance Exempt From CEQA, Ordinance 874, was previously introduced during a regular meeting of the Yreka City Council and passed for a second reading by the City Council and its possible adoption following the receipt of public comments.
WHEREAS, notice of a public hearing for the public to comment on the ordinance was published according to law.
WHEREAS, generally, a city may use its police power to recover its “response costs” to recover reimbursement responding to an violation of law that constitutes a public nuisance which Ordinance 874 has deemed that the use of illegal fireworks constitutes; and
WHEREAS, Ordinance 874 is being considered for adoption on April 18, 2023 with the accompanying fee resolution.
WHEREAS, Chapter 9.70.050 Liability for Response Cost includes the fully burdened cost of police, fire, code enforcement or other City personnel required to deal with the violation, the cost of seizure and disposal of the illegal fireworks, and attorney fees for any and all notices, meetings, or administrative or court proceedings to enforce this ordinance.
WHEREAS, the following proposed range of current fees are reasonable, fair and equitable in nature and proportionately representative of the costs incurred on an hourly rate by the City of Yreka for the response to illegal use of fireworks:
High Low
Police Officer $87.59 $66.98
Firefighter $26.63 $26.63
Fire Chief $112.17 $112.17
Vehicles $37.61 $37.61
Apparatus $141.96 $128.27
WHEREAS, the notice of itemized costs shall contain the description and time associated including a fifteen percent (15%) administration fee for processing.
WHEREAS, the amount of response costs constitutes a debt owed to the City which may be collected in any manner legally available to the City.
WHEREAS, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) that this action is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YREKA
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The council hereby finds and determines that the foregoing recitals are true and correct.
Section 2. The Council hereby establishes, adopt and ratify the foregoing fees pursuant to Ordinance 874, and the City Manager or designee is hereby authorized and directed to implement these fees and execute any and all necessary documents to carry the intent of this Resolution into effect.
Section 3.It is further resolved, if any section, subsection, part, clause, sentence or phrase of this Resolution or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, the validity of the remaining portions of this Resolution or the application thereof, shall not be effected thereby but shall remain in full force and effect, it being the intention of the City Council to adopt each and every section, subsection, part, clause, sentence phrase regardless of whether any other section, subsection, part, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional.
Section 4. This resolution supersedes all other resolutions or parts of resolutions adopted prior hereto which are in conflict herewith, to the extent of such conflict.
Passed and adopted this 18th day of April 2023, by the following vote:
AYES:
NAYS:
ABSENT:
_____________________
Corey Middleton, Mayor
Attest:
Rhetta Hogan,
City Clerk
Ad Preview
2/2
Publication dates 4/5/23 and 4/12/2023
CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: Jason Ledbetter, City Manager
AGENDA TITLE: Issuance of Public Safety Ballot Measure Civic Engagement, Polling and Initiative Language Request for Proposal
MEETING DATE: 04/18/2023
Recommended Action: Motion to Adopt Resolution 2023-21 Authorizing the City Manager to issue a Request for Proposal/Qualifications for Public Safety Ballot Measure Civic Engagement, Polling and Initiative Language and Designating Proceeds from Small Cities Organized Risk Entities’ one-time dividend of $80,650 to the project.
Discussion: The City’s focus committees are proactively working on real solutions for issues surrounding emergency response and levels of public safety service for its residents. Utilizing ballot initiative consulting services, gives the City the capacity to engage voters share meaningful data, information and narrative providing ample opportunity to make informed decisions at the ballot.
Business Analysis: The Finance Committee met on January 19, 2023, and revisited again on April 7, 2023, in support of bringing the project forward for Council consideration.
The committee understands that ballot measure(s) require effective communication of the problems and examine solutions for dealing with public safety ballot measure(s), particularly the impending critical situation for its ability to respond to the over 2,000 annual medical calls for service with volunteer staffing in 2022.
Operations Analysis: The Fire Safety Ad Hoc committee has met twice and at each meeting there has been a focus on medical call response needs. The committee’s overwhelming recommendation was that the City’s volume has far surpassed the ability to staff with volunteers and that the City needs paid personnel. Committee members from CalFire, CalOES noted that the City’s volume of calls per population base are higher than other northstate areas staffed with career (paid) Fire Personnel.
Horizon issues: As the City works moves forward on constructing a modern fire station, (a capital project that is estimated to be a $10,000,000 - $12,500,000). The City will need to find resources between grant and structured financing arrangements to complete the project, and staff the facility.
Fiscal Impact: The Finance Director is recommending partial use of one-time dividend funds recently received from the City’s insurance JPA, known as SCORE (Small Cities Organized Entities) from general liability and property insurance premiums for that totals $80,650.
RESOLUTION NO. 2023-21
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA
AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR
PROPOSAL/QUALIFICATIONS FOR
WHEREAS, the City of Yreka is a municipal corporation with the legal authority to enter into contracts and agreements in the State of California, and WHEREAS, the City of Yreka is issuing a request for proposals for a public safety ballot measure civic engagement, polling, and initiative language; WHEREAS, an increase in calls to both the Fire and Police Departments, particularly the demand for medical assistance, and the collective desire to improve public safety programs has led the City to investigate and develop revenue generation options to meet the needs of the City;
WHEREAS, the City’s Finance Committee unanimously recommended support of the request for proposal and public safety initiative project both its January 19, 2023, and April 7, 2023, meeting;
WHEREAS, the City’s Fire Ad Hoc Committee has met recognizing that the City’s volume has far surpassed the ability to staff with volunteers and that the City needs paid personnel;
WHEREAS, Committee members from CalFire and CalOES have noted that the City’s volume of calls per population base are higher than other north state areas staffed with career (paid) Fire Personnel;
WHEREAS, the City is facing a challenge recruiting and retaining volunteers within its volunteer fire department (YVFD) for response to the community’s medical and fire 911 calls;
WHEREAS, the members of the City Council have determined it would be in the best interests of the City to appropriate SCORE’s (Small Cities Organized Risk Entities’) recent one-time dividend of $80,650 to the project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Council hereby finds and determines that the foregoing recitals are true and correct.
Section 2. The City Council of the City of Yreka does hereby find that the Agreement described herein is in the best interests of the City of Yreka, and the City Council does hereby authorize execution of said Agreement by the City Manager on
behalf of the City of Yreka. The City Manager or designee to issue a request for proposal/qualifications for Public Safety Ballot Measure Civic Engagement, Polling and Initiative Language and is hereby further authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized, and the City Clerk or such Clerk's designee is hereby authorized and directed to affix the City's seal to said documents and to attest thereto.
Section 3. The Finance Director is authorized to appropriate this expenditure up to $80,650 into the budget covering the current fiscal year 2022-23 and future fiscal year 2023-24.
Section 4. It is further resolved, if any section, subsection, part, clause, sentence or phrase of this Resolution or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, the validity of the remaining portions of this Resolution, the application thereof, shall not be effected thereby but shall remain in full force and effect, it being the intention of the City Council to adopt each and every section, subsection, part, clause, sentence phrase regardless of whether any other section, subsection, part, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional.
Section 4. This resolution shall take effect immediately upon its passage.
Passed and adopted this 18th day of April 2023, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
________________________
Corey Middleton, Mayor
Attest:__________________
Rhetta Hogan,
City Clerk
Request for Proposals
Consultant Services Public Safety
Ballot Measure Civic
Engagement, Polling, and
Initiative Language
Contact: Juliana Lucchesi AICP, Planning
Director
(530) 841-2324 or
[email protected]
Key RFP Dates
Issued: April 20, 2023
Proposals Due: May 25, 2023 at 5:00 PM PDST
Section 1. Project Overview
The City of Yreka, Siskiyou County, California is seeking qualified consultants, political strategists, community organizing, or civic engagement firms for the polling and engagement strategy needed to support a ballot measure or property assessment that will generate revenue to maintain and improve public safety initiatives within the City of Yreka. Qualified entities must demonstrate organizational capacity and experience with successful civic revenue generation measures, knowledge of Siskiyou County and the City of Yreka, and expertise in public polling approaches.
This RFP outlines the information necessary to understand the competitive selection process and the required documentation necessary for the submission of proposals. All interested proposers must meet the requirements specified in this RFP. Proposers must have qualified staff on hand for this project and be ready to begin work on the date this project is initiated.
An extension in contract amount, scope, and term may be granted depending on available funding and contractor performance, subject to City of Yreka approval.
Geographic Context
The City of Yreka is located in Siskiyou County, one of California’s northern most counties.
The City is approximately 24 miles from the Oregon border on the Interstate 5 and California Highway 3 juncture. North of the city is the Klamath National Forest managed by the National Forest Service.
Interstate 5 (I5) runs northwest-southeast through the center of the city. The city is home to the county seat which includes the county courthouse, county administrative offices, federal Social Security Office, California Department of Fish and Wildlife, and Forest Service offices.
In addition to government and professional services, the southern portion of the has with several freight, industrial, and high traffic businesses such as Nor-Cal, Farichild Hospital and medical facilities, fast food, hotels, and Walmart.
Public Safety Services
The City of Yreka hosts a paid Police Department and paid Fire Chief with volunteer firefighters. The city recently obtained a planning grant to begin siting and planning of a new fire hall to accommodate the increase in service calls (medical and fire) and training needs of the Fire Department. The city utilizes a private ambulance service that requests assistance of the fire department on medical calls.
The Police Department has a newly constructed Police Station that housing officers, dispatching, equipment, and vehicles for city and task force activities. The Police Department has 16 full-time officers, one code enforcement officer, 5 dispatchers, and 5 reserve officers.
The increase in calls to both the Fire and Police Departments, demand for medical assistance,
and significant work to improvement public safety programs has led the city to investigate and develop revenue generation options to meet the needs of the city. To develop the expenditure plan for the ballot measure, the city is seeking help to identify key communication strategies to reach the public and to define community priorities. Areas of interest in a new expenditure plan include paid fire staff, fire station construction and operation, equipment needs, training, and medical personnel and vehicles.
Section 2. Project Objectives
The city team will work in conjunction with the selected consultant to prepare the revenue measure for a future ballot and effectively position the measure for success.
A. Public Opinion Polling and Polling Analysis
The city desires to better understand the public’s opinion, assess the likelihood of success of different approaches and ensure voters are accurately informed and understand the outcome of their vote(s) associated with the ballot measure.
This work includes creation of an appropriate polling instrument, adapting the tool, as needed, developing polling questions to adequately assess the needs and opinions of the general public, and conducting a statistically valid poll of residents to determine community interests related to a sales tax or property assessment increase to fund much needed public safety improvements. This work must provide statistical data from which conclusions can be reasonably drawn and recommendations made relative to the number of respondents and the effect on the margin of error.
The work also include analysis of the results of the public opinion polling and incorporation into relevant stakeholder engagement and public education efforts.
The selected proposer will meet initially with the City Manager and staff to design the survey and questions as well as meet regularly during the process to discuss issues, concerns, preliminary findings and recommendations. The City Council will be apprised of and may provide input on the polling approach.
B. Innovative Collaboration/Partnership with Stakeholders City staff will lead this effort with support from the consultant related to key themes and strategies. The work will include engaging community and public safety stakeholders in understanding and supporting the need for additional funding to support public safety infrastructure, personnel, and programs. These partnerships include public safety agencies, community-based organizations, and business community, that are all directly affected, in order to spearhead efforts related to a future ballot measure.
C. Feasibility Analysis of Ballot Measure Options and Expenditure Plan The city staff and consultant will work collaboratively to utilize stakeholder engagement,
polling data, and other information to assess options for revenue measures (i.e. a ¼ cent vs ½ cent sales tax), analyze key needs, and identify specific expenditure plan elements. This work will inform an expenditure plan with accountability measures to ensure successful implementation activities associated with the additional revenue.
D. Ballot Language and Implementation Plan
The consultant in collaboration with the City Manager and City Attorney will draft ballot language that takes stakeholder engagement, polling, and expenditure plan into consideration. The language should be clear to the voters on what they are voting for and legally defensible.
In addition to ballot language, the consultant will work with the Finance Department on 4implementation steps and materials to ensure efficient implementation of a successful ballot measure. Communication materials will also be developed to help inform and instruct businesses and/or property owners on the forth coming sales tax or property assessment increase.
Project Lead
The City Manager’s Office will be the lead department on the project. Jason Ledbetter, City Manager will be the specific project manager.
Section 3 Eligibility
This RFP is open to all interested firms. Firms must certify in a cover letter that it meets the following conditions:
1. Is not in litigation that may have a significant and adverse impact on the ability to perform services for the City of Yreka.
2. Has the resources, expertise, and commitment to complete all components of the project in a timely and competent manner, as outlined in the Scope of Work.
3. City of Yreka requires that the professional who signs the proposal as the project manager certify that they will be present at all meetings requested by the staff members and will fully participate in the day-to-day management of the contract.
By responding to this RFP, proposers represent that they and their subsidiaries do not and will not discriminate against any employee or applicant for employment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status.
Section 4 Proposal Format and Content
For ease of review and to facilitate evaluation, the proposals for this project should be organized and presented in the order requested as follows:
1. Cover Letter:
Proposals shall include a cover letter that includes the following:
a. The proposer’s name or DBA, full mailing address, e-mail address, telephone number, and the name of the primary contact person.
b. The name, title, and organization of the individual authorized to bind the proposer into a contract with the City of Yreka. All parties signing the agreement with the city must be individually liable for the completion of the entire project even when the areas of responsibility under the terms of the joint venture or association are limited.
2. Organizational Information:
a. Provided in Section 1 (Cover Letter), proposals shall provide the proposer’s IRS status, number of years in business, and core competencies. b. If two or more firms are involved in a joint venture or association, the proposal must clearly delineate the respective areas of authority and responsibility of each party.
3. Qualification and Experience:
a. Experience: Provide specific information in this section concerning proposer’s experience in the services specified in this RFP. Examples of completed projects, as current as possible, should be submitted, as appropriate. b. References: Provide the names, addresses, email, and telephone numbers of at least three (3) references for whom similar services have been provided. c. Cultural Competence: Potential proposers must demonstrate an ability to provide culturally competent services. Specifically, proposers must disclose: 1) their previous experience with providing services to the diverse ethnic, linguistic, sexual, or cultural population to be served; 2) this current ability to provide the specific project services to the diverse ethnic, linguistic, sexual, or cultural population to be served; 3) the specific outcome measures, qualitative and quantitative, which demonstrate that the project provides culturally and linguistically competent services.
The City of Yreka is primarily white, non-Hispanic in ethnicity but has three fastgrowing diverse populations; Hispanic, Hmong, and Punjabi.
4. Project Approach and Work Schedule
a. Preliminary detailed work plan to include process and methodologies for the scope of
work desired for this project.
b. Provide a schedule that will produce initial polling in weeks and complete the project and provide all materials to the city no later than October 31, 2023. This schedule should contain specific milestones and dates of completion which will be used to set schedules. c. Identify the extent of city personnel involvement deemed necessary, including key decision points at each stage of the project.
d. Provide outline and/or samples from previous projects e. Provide project organization and staffing, including an organizational chart identifying each member of the firm involved with the project. The chart shall show the organizational structure of the team and the specialty or position of each team member. f. Discuss the type of any software that is anticipated to be used in the planning process.
5. Cost:
a. Provide an itemized budget and budget narrative, total contract amount not to exceed $80,000. The proposal’s budget shall clearly state ALL of the costs, direct and indirect, associated with the project, broken down by category of products and services, and all ongoing costs for recommended or required products and services. b. The project costs must be broken down and include all expenses that will be charged to the city, including but not limited to hourly rates for labor, software costs, software maintenance costs, implementation fees, shipping, insurance, communications, documentation reproduction, and all expenses, including travel, meal reimbursement, hotel per diems, taxes, etc. Failure to clearly identify all costs associated with the proposal may be cause for rejection of the proposer’s proposal. The proposal does not need to include ethe cost to place the measure on the election ballot. c. Please note that the city will not pay for services before it receives them. Therefore, do not propose contract terms that call for up-front payments or deposits.
6. Identification of Subcontractors
Proposers shall identify all subcontractors they intend to use for the proposed scope of work. For each subcontractor listed, proposers shall indicate: 1) what products and/or services are to be supplied by that subcontractor; and 2) what percentage of the overall scope of work that subcontractor will perform.
7. Contract Terms
Proposers must include a statement acknowledging their willingness to accept the Sample Professional Services Agreement or identify specific exceptions to the Sample Agreement.
8. Insurance
Proposers must include a statement acknowledging their willingness to submit and comply with all insurance requirements as described in the attached Insurance Sample.
9. Additional Information
Include any other information you believe to be pertinent by has not been listed as required.
Please keep additional information brief. Exceptionally long and cumbersome proposals will be scored lower. Proposals exceeding 36 pages, or 18 double-sided printed pages are considered long and cumbersome.
Section 5 Submittal Procedures and Disclaimers
Proposals must be submitted at or before 5:00 P.M. on May 25, 2023. An electronic copy of the proposal in PDF format should be emailed to Jason Ledbetter, City Manager at [email protected] with the email subject: Public Safety Ballot Measure Civic Engagement, Polling, and Initiative Language Proposal.
Examination of Proposal Documents
By submitting a proposal, proposer represents that they have thoroughly examined and become familiar with the work required under this RFP and that the firm is capable of performing quality work.
Addenda
Any changes to the requirements will be made by written addendum to this RFP. Any written addenda issued pertaining to this RFP shall be incorporated into the terms and conditions of any resulting agreement. The City of Yreka will not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result of verbal instructions.
Proposers are responsible for checking the City of Yreka website (https://ci.yreka.ca.us/) for any and all written Addenda related to this RFP. The City of Yreka will not distribute Addenda to a mailing list of interested proposers.
Clarifications
1. Examination of Documents: All relevant documents pertaining to the Study are found in the appendices of this RFP and/or issued via addenda to City of Yreka’s website.
2. Submitting Questions
a. All questions must be in writing and must be received by the City of Yreka b. Questions may be submitted to Jason Ledbetter at [email protected].
Questions must be received at least three weeks prior to the proposal deadline. c. Responses: Reponses from the City will be provided in writing as best as possible and at least 14 calendar days prior to the RFP date.
Proposals received after the date and time specified above will not be considered.
The City of Yreka reserves the right to:
1. Accept, reject any or all submittals, or any item or part thereof;
2. Issue subsequent Requests for Proposals;
3. Alter the Selection Process Dates;
4. Remedy technical errors in the RFP process;
5. Request additional information from Proposers and investigate the qualifications of all firms under consideration;
6. Confirm any part ofthe information furnished by a Proposer;
7. Obtain additional evidence of managerial, financial, or other capabilities;
8. Approve or disapprove the use of particular subcontractors;
9. Negotiate with any, all, or none of the Proposers;
10.Award a contract to one or more Proposers;
11.Accept other than the lowest-priced Proposal;
12. Solicit best and final offers from all of some of the Proposers;
13. WithdrawthisRFP at any timewithout prior notice and theCity ofYreka makes no representations that any contract will be awarded to any Proposer responding to this RFP;
14. Waive informalities and irregularities in Proposals or the selection process.
Confidentiality of Proposals
To the extent permitted by law, proposals received shallremain confidential until the contract, if any, resulting from this RFP has been finally negotiated executed. Thereafter, all information submitted in response to this request shall be deemed a public record. In the event that the Proposer desires to claim portions of its proposal as exempt disclosure under the California Public Records Act, it is incumbent on the Proposer to clearly identify those portions with the word “confidential” printed on the lower right-hand corner of the page. City of Yreka will consider a Proposer’s request for exemption from disclosure; however, the City ofYreka will make its decision based on applicable laws.An assertion by the Proposer that the entire proposal is exempt form disclosure will not be honored. Firms are advised that the City of Yreka does not wish to receive confidential or proprietary information and those proposers are nottosupply such information except when itis absolutely necessary. If any information or materials in any proposal submitted are labeled confidential or proprietary, the proposal shall include the following clause:
[Legal name of proposer] shall indemnify, defend and hold harmless the City of Yreka, its officers, agents and employees from and against any request, action or proceeding of any nature and any damages or liability of any nature, specifically including attorneys’ fees awarded under the California Public
Records Act (Government Code § 6250 et seq.) arising out of , concerning or in any way involving any materials or information in this proposal that [legal name of proposer] has labeled as confidential, proprietary or otherwise not subject to disclosure as a public record.
Pre-Contractual Expenses
Pre-contractual expenses are defined as expenses incurred by Proposer in:
1. Preparing its proposal in response to this RFP;
2. Submitting that proposal to the City of Yreka;
3. Negotiating with the City of Yreka any matter related to this proposal; or
4. Any other expenses incurred by Proposer prior to date of award, if any of the Agreement.
The City of Yreka shall not, in any event, be liable for any pre-contractual expenses incurred by Proposer in the preparation of its proposal. Proposer shall not include any such expenses as part of its proposal.
Lobbying
Any consulting firm submitting a proposal or a party representing a firm shall not influence or attempt to influence any member of the evaluation committee, any member of a city council within the City of Yreka, or any employee of the City, with regard to the acceptance of a proposal. Any party attempting to influence the RFP process through ex-parte contact may be subject to rejection of their proposal.
Section 6 Evaluation and Award
An Evaluation Committee will be formed to review all proposals received. The committee will be comprised of City of Yreka staff and may include outside personnel. The City of Yreka staff will conduct and initial review of the proposals for general responsiveness and compliance with the requirements of this RFP. Proposals failing to satisfy the requirements or are inadequately responsive will not be considered.
After the initial responsiveness review, the committee members will read the proposals separately then convene to discuss and review the written proposals. Each member of the selection panel will then evaluate each proposal using the criteria identified below to arrive at a “proposal score”in the range of 0 to 100 for each proposal. A list of top ranked proposals will be developed based upon the totals of each committee member’s score for each proposal.
The Evaluation Committee will review all proposals submitted on time. The committee will evaluate the proposals and select based on the following criteria:
• Qualifications and experience ofthe key personnel assigned to the project (25 pts.) • Qualifications and experience ofthe Firm (25 pts.)
• Experience conducting similar projects, e.g. successful ballot measure and/or property assessment (25 pts.)
• Clarityon approachto complete alltasks,includingschedule,budget, and scope of work (25 pts.)
During the evaluation period, the City of Yreka may interview some or all of the proposing firms. The interview may consist of a short presentation by the Proposer after which the evaluation committee will ask questions related to the firm’s proposal and qualifications.
The City of Yreka reserves the right to select a consultant based solely on written submittals and not convene oral interviews. If oral interviews are necessary, the selected Proposer will be requested to make a formal presentation. The Evaluation Committee will recommend one consultant following any interviews. The Committee’s recommendation will be reviewed by the City Manager before proceeding to the City Council for action.
Selection will be based on a “best value” analysis. The City of Yreka reserves the rightto select the proposal which in its sole judgment best meets the needs of the City of Yreka.
Award
Acceptance of a proposal or other material during the selection process does not constitute a contract and does not obligate the City of Yreka to award funds. Funding is subject to final contract approval by the City Council of the City of Yreka. The City of Yreka reserves the right to reject any and all responses without penalty and to act in the best interest of the City of Yreka. The City of Yreka will evaluate the proposals received and will submit the proposal considered to be the most competitive to the City, for consideration and selection.
The City of Yreka may also negotiate contract terms with the selected Proposer prior to award, and expressly reserves the right to negotiate with several Proposers simultaneously and , thereafter,to award a contractto the Proposer offering the most favorable terms to the City of Yreka.
Negotiations may or may not be conducted with Proposers; therefore, the proposal submitted should contain Proposer’s most favorable terms and conditions, since the selection and award may be made without discussion with any Proposer.
Notification of Award
Proposers who submit a proposal in response to this RFP shall be notified by email regarding the firm who will be recommended for award of the contract. Such notification will be made at least seven (7) days before the date the contract is awarded.
Section 7 Protests
Bid protests for contracts awarded for professional services shall be submitted and responded to in accordance with the requirements noted in Exhibit B.
Section 8 Tentative Schedule
The following is a tentative project schedule and milestone requirements for the project. The City of Yreka reserves the right to adjust the schedule.
Issued: April 20, 2023
Proposals Due: May 25, 2023 at 5:00 PM PDST
Tentative Award Approval: June 6, 2022 City Council Meeting Kick-Off Meeting: Tentatively week ofJune 19, 2023
Exhibit B: Contract Protest Procedures
All appeals shall be submitted in writing, identifying the action being appealed and specifically stating the basis or grounds ofthe appeal. Appeals shall be filed within 10 days following the date of determination or action for which an appeal is made and submitted to the City Clerk, Rhetta Hogan, [email protected].
Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within 45 days from the date of appeal submittal. Notice of hearing shall be posted in the local newspaper, on the city website, and in front of city hall at least 10 days prior to the appeals hearing.
Each appeal shall be considered a de novo (new) and the appeal authority may reverse, modify or affirm the decision in whole or in part. In taking its action on an appeal, the appeal authority shall state the basis for its action.
The appeal authority may modify, delete, or add such conditions as it deems necessary. The appeal authority may also refer the matter back to the original approving authority for further action. The action of the appeal authority is final on the date of decision and may not be further appealed.