CITY OFIONE IONE, CA 95640 REGULAR MEETINGSTARIS, AT6:00 PM- AMENDED Mayor Stacy Rhoades Vice Mayor Jody. Maita Councilmember Dominic. Atlan Councilmember Alison LaFayne Councilmember Jack Mitchell AT1E. MAIN STREET, IONE, CA 95640 AND VIA ZOOM itipsy/zoom.us/231961316/pwd-33WIWI2bVAIDPONXBDOWIPZKRYUIO9 Meeting ID: 2351961316 Passcode: 95640 Dial by Phone 669-900-6833 Meeting ID: 235 1961316 Passcode: 95640 NOTE: Public Comment will not be taken from Zoom Tuesday, January 7, 2025 THE CITY OF IONE. IS. A GENERAL LAWCITY DEDICATED TO. PROVIDING LEADERSHIP, ACCOUNTABLITY, AND. FISCAL INTEGRITY WHILE. PROMOTING ECONOMIC OPPORTUNITIES AND. MAINTAINING, A. HIGH QUALITY OF LIFE. FOR OUR CITIZENS. PLEASE LIMIT PUBLIC COMMENT/IESIMONY TO FOUR MINUTES Gov't. Code $54954.3 The Ione City Council welcomes, appreciates, and encourages participation in the City Council Meeting. The City Council reserves the right to reasonably limit the total time for public comment Full staff reports and associated documents are available for public review at the Office oft the City Clerk, City Hall, 1E E. Main Street, Ione, CA. Hard copies may be obtained for $3.60 for pages 1- 5 and $.45 for each additional page. Documents that are not available when the agenda is posted on any particular noticed agenda item as it may deem necessary. will be made available for public review at the meeting. A. ROLL CALL CITYOFIONE IONE, CA 95640 B. CLOSED SESSION. -) None Ifall matters are not completed prior to the regular meeting start time, the City Council will convene to Closed Session after the Regular Meeting ends. C.PLEDGE OF ALLEGIANCE D. REPORT OUT OF CLOSED SESSION E.A APPROVAL OF AGENDA F.P PRESENTATIONS/ANNOUNCEMENTS: G.P PUBLIC COMMENT: EACH SPEAKER IS LIMITED TO 41 MINUTES NOTE: This is the time for members of the public who wish to be heard on matters that do not appear on the Agenda. Persons may address the City Council at this time on any, subjectwithin Please be mindful of the 4 minute time limit per person. Pursuant to the Brown Act, the City Council may not take action or engage in a detailed discussion on an item that does not appear on the Agenda. However, matters that require Council action will be referred to staff for a peronlorrcomenlaton for possible action at aj future Council meeting. Is there anyone the jurisdiction of the Ione City Council. in the audience who wishes to address the Council at this time? H. INFORMATION ITEMS: None by the City Council. AIl matters listed: under this category are for information only with no action to be taken I.C CONSENT CALENDAR: All matters listed under this category are considered to be routine and will be enacted by one motion. Any item may be removed, for discussion and possible action and made aj part of the regular agenda at the request ofa Councimemberts). 1. Warrants - January 7, 2025 2. Adoption of Resolution No. 2025-01 - Designating Signatures for Bank ofl Marin CITYOFIONE IONE, CA 95640 3. Adoption of Resolution No. 2025-02 = Appointing Representative and Alternate Representative to the Northern California Cities Self Insurance Fund Board of Directors 4. Adoption of Resolution No. 2025-03 - Approving Parcel Map No. 2924 = Boundary Line Adjustment for Catholic Church 5. Approval of Agreement for City Attorney Services, White Brenner, LLP J. PUBLIC HEARING: None K. REGULAR AGENDA: 1. Authorize City Manager to Proceed in Facilitation ofParking Lot] Lights at] Howard Park 2. Approval of Contract for Transition Services for Mr. Andy Pinasco/Neumiller and Beardslee 3. Discussion/Action on Recordation of Closed Session Meetings 4. Council Committee Assignments - Available at Meeting 5. Wastewater Update - Justin Granados - Oral Report 6. Discussion/Action on Amending Ordinance No. 505 - Purchasing and Bidding Policy L. REPORTS AND COMMUNICATIONS FROM CITY ATTORNEY M. REPORTS AND COMMUNICATIONS FROM CITY MANAGER N. COUNCIL COMMENTS/COMMITTEE REPORISRUTURE AGENDA ITEMS CITY OFIONE IONE, CA 95640 0. ADJOURNMENT NOTICE REGARDING CHALLENGES TO: DECISIONS Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, ifs you wish to challenge in court any of the above decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, this public hearing. ADA COMPLIANCE STATEMENT Inc compliance with the. American with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk Janice Traverso at (209) 274-2412, ext. 102. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. CITYOFIONE IONE, CA 95640 Agenda Item #I1 DATE: TO: FROM: JANUARY 7,2025 THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL MICHAEL ORMSBY, FINANCE MANAGER KIERSTENLOWRY, ACCOUNT CLERK SUBJECT: JANUARY 7, 2025 WARRANTS RECOMMENDED ACTION: FISCAL IMPACT: $442,849.02 List of Vendors and amount over $1,000.00: Amador County Transport. Comm. $108,584.00 Staff recommends that the council review and approve the attached warrant list. ABC Plumbing Amador County Elections Amador Water Agency Benefit Coordinators Corp David Taussig & Assoc. EcoUrban Designs First Security Finance Hi-Tech EVS S Inc Ione Trading Post IW Solar LLC LensLock Neumiller & Beardslee Northern Cal Cities PG&E ServPro $ 14,334.38 $ 7,860.18 $ 6,606.88 $ 2,148.10 $ 17,796.00 $ 2,442.00 $ 3,494.32 $ 21,407.53 $ 3,470.18 $ 3,909.16 $ 6,888.46 $ 36,113.66 $ 27,043.00 $ 14,416.72 $ 3,154.30 $3 39,520.00 $113,598.50 $ 1,491.91 WaterStone Services LLC West Yost Associates Wireless CCTVI LLC Detail is provided in the attached warrant list. ATTACHMENTS: A. Warrant list dated 1-7-2025 (Includes all warrants) & 0o a a o 000 0o 0o 000 8 o o 0o RR8 RR8 o 3888888888888888 e 00 - 888888888888888888888888888888888888 FEE 2 8888888888888888888888888 1 0 S 888888888888888885 888888888 8888 888 Agenda Item #I2 RESOLUTION 2025-01 Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OFI IONE DESIGNATING AUTHORIZED SIGNERS FOR. ALL. ACCOUNTS AT BANK OFI MARIN WHEREAS, the City Council of the City of Ione has a checking, savings and certificate WHEREAS, banks with whom the City of Ione does business normally require a City resolution designating which City officials are authorized to open bank accounts and to execute ofd deposit at the Bank ofl Marin; and checks and other orders for payment of City funds; and WHEREAS, the City Council desires to designate certain City officials to open bank accounts and to execute checks and other orders for payment of City of Ione funds. NOW, THEREFORE BE ITI RESOLVED, by the City Council ofthe City of Ione that the bank of Marin, as designated depository for the City ofl Ione, authorized and directed to honor all checks, drafts, withdrawals or other orders for payments of monies drawn against the City of Ione on its existing accounts, when bearing the signatures oft two oft the following: City Manager, George Lee City Treasurer, Lisa Vicari Mayor, Stacy Rhoades Finance Manager, Michael Ormsby RESOLVED FURTHER THAT this resolution shall be in supersession of all or any previous resolution passed in regard to the operation of the above-mentioned bank accounts. The foregoing resolution was duly introduced and adopted by the City Council oft the City ofl Ione at their regular meeting held on January 7, 2025, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Attest: Stacy Rhoades, Mayor Janice Traverso, City Clerk RESOLUTION NO. 2025-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE APPOINTING REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TOTHE NORTHERN CALIFORNIA CITIES SELF INSURANCE FUND BOARD OF DIRECTORS WHEREAS, the City of Ione is a party to the Joint Exercise of Powers Agreement for the Northern California Cities Self Insurance Fund, and, as such, is a founding Member Agency oft the Northern California Cities Self Insurance Fund (NCCSIF), as that term is defined in the Joint Exercise of Powers Agreement, and WHEREAS, pursuant to the Joint Exercise of Powers Agreement, each Member Agency of NCCSIF is required to appoint a Director and an Alternate Director to act int the Director's absence, to represent the City as ift the City itself were present and acting on the NCCSIF Board ofDirectors for all matters which come before such board of Directors, and also for the Director to be eligible for serving on the NCCSIF Executive Committee; and NOW,THEREFORE BEI IT RESOLVED, that the City Council hereby appoints Michael Ormsby, Finance Manager, to serve as its Director on the NCCSIF Board of Directors to act on behalf of the City, a Member Agency ofNCCSIF, on all matters to come before the Board of Directors, as if the City itselfwere present and acting at such meeting, and for such Director to be eligible for serving on the NCCSIF Executive Committee; and appoints George Lee, City Manager to serve as Alternate Director in the absence oft the Director. BE RESOLVED FURTHER, that the City Manager, or a designee, be instructed toi inform the Secretary ofNCCSIF ofthe above appointment by sending a certified copy oft the resolution to NCCSIF's business office. The foregoing resolution was duly introduced and adopted by the City Council oft the City of Ione at their regular meeting held on January 7, 2025 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Stacy Rhoades, Mayor ATTEST: Janice Traverso, City Clerk CITY OFIONE IONE, CA 95640 Agendal Item #I4 DATE: TO: FROM: JANUARY 7,2024 CITYCOUNCIL SUSANI M. PETERS, CITY PLANNER SUBJECT: CATHOLIC CHURCH BOUNDARY LINE ADJUSTMENT RECOMMENDATION Itisr recommended that the City Council adopt Resolution No. 2025-03 approving a Boundary Line Adjustment for the Catholic Church (APN's 004-250-002 & 003). DISCUSSION Toma & Associates, Inc. have submitted Parcel Map No. 2924 implementing a Boundary Line Adjustment for the Catholic Church. The application is in accordance with the City's! Municipal Code Section 16.28 Final Maps. The adjustment is to relocate lot lines toj provide a separate lot The City Engineer has reviewed the BLA and takes no exception to the proposal. Additionally, the lot sizes resulting from the proposed adjustment are consistent with Zoning and General Plan for the Rectory. requirements. RESOLUTION NO. 2025-03 APPROVING PARCEL MAPNO.2924 BOUNDARYLINE. ADJUSTMENT FOR CATHOLIC CHURCH APN 004-250-002 & 003 WHEREAS, the Catholic Church has applied for al Boundary Line Adjustment pursuant WHEREAS, application for the boundary line adjustment has been processed in accordance with the Municipal Code and reviewed by the City Planner and City Engineer and found to bei in compliance with the provisions of State Law and City Code; and WHEREAS, boundary line adjustments are categorically exempt from the California Environmental Quality Act in accordance.with Section 15305 oft the California Code of tol Ione Municipal Code Chapter 16; and Regulations. NOW, THEREFORE, BEI ITI RESOLVED the City Council oft the City of] Ione does hereby approve Parcel Map No. 2924 adjusting the boundary line between APN 004-250-002 and APN 004-250-003 for the Catholic Church. City of Ione on January 7, 2025 by the following vote: The foregoing resolution was duly introduced and adopted by the City Council oft the AYES: NOES: ABSTAIN: ABSENT: Stacy Rhoades, Mayor Attest: Janice Traverso, City Clerk Agenda Item #I5 AGREEMENT FOR CITY ATTORNEY SERVICES THIS AGREEMENT FOR CITY ATTORNEY SERVICES ("Agreement") is made and entered into by and between City ofIone, a California municipal corporation ("City"), and the law firm of White BrennerI LLP, a California limited liability partnership ("Firm"). City and Firm may be referred to herein individually as a "Party" or collectively as the "Parties." There are no other parties to this Agreement. RECITALS A. Firm submitted a proposal to City to provide City Attorney services and to act as B. On December 17, 2024, at its regular meeting, the City of Ione City Council appointed Firm to be its City Attorney on a contract basis, and authorized execution of a Temporary Agreement for City Attorney Services (executed on December 19, 2024)('Temporary City's designated City Attorney ("City Attorney"). Agreement"). C. The Parties executed the Temporary Agreement for the purpose of transferring information and job duties from the outgoing City Attorney to Firm. This Agreement shall take the place of the Temporary Agreement and upon its execution, the Temporary Agreement shall have no further force or effect. D. The Parties seek to enter into this Agreement to authorize Firm to provide legal NOW, THEREFORE, in consideration oft the mutual covenants entered intol between the Parties, and in consideration of the benefits that accrue to each, iti is agreed as follows: counsel services to City as set forth herein. AGREEMENT Section 1. Recitals. The recitals set forth above are: incorporated herein by this reference and made part oft this Agreement. In the event of any conflicts between the recitals and the sections Section 2. Appointment. City hereby retains Firm to provide all legal services required by City, and Firm hereby agrees toj perform such legal services and scope of work set forth in Exhibit A to this Agreement ("Legal Services"). The City Manager is authorized and charged with executing and administering this Agreement. Joshua Varinsky is hereby appointed City Attorney for City, and Douglas L. White is hereby appointed as Deputy City Attorney for City. City Attorney shall be solely responsible for the appointment of any other Deputy City Attorney following execution of this Agreement. City Attorney may from time to time assign other attorneys employed by Firm to perform the Legal Services set forth in this Agreement. Section 3. Effective Date. This Agreement shall be deemed effective as of December 17, 2024 (the date on which Firm was appointed as City Attorney) ("Effective Date"). contained in this Agreement, the sections will prevail. Agreement for City Attorney Services (CW130914.9) 4930-8975-5403,V.9 Page 1 Section 4. Amendment. The Agreement may be amended at any time by the mutual consent ofthel Parties by an instrument in writing signed by both Parties. Any non-material change to the Agreement may become effective following approval of such change in writing as authorized by City and Firm and shall not require the approval of the City Council. Section 5. Compensation and Services. 5.1. Standard of Performance. Firm shall perform all Legal Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Firm is engaged. Firm shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing inl Firm's] profession. 5.2. Time. Firm shall devote such time to the performance of the Legal Services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 5.1 above and to satisfy Firm's obligations hereunder. 5.3. Rates for Legal Services. The Parties agree that Firm will be compensated for performing the Legal Services as follows: a. December. 2024. For the period between December 17, 2024 and December 31,2024, Citya agrees toj pay. to Firm the following amount for all Legal Services performed during this period: Two Thousand Seven Hundred Fifty Dollars ($2,750.00). b. Initial Term. For the period of. January 2025 through March 2025, each month City shall pay to Firm Eleven Thousand Dollars ($11,000.00). In exchange for this compensation, City shall be entitled to receive up to forty (40) hours for all General Municipal and Special Counsel Legal Services provided by Firm (as defined herein). All time for the Legal Services in excess off forty (40) hours shall be charged on anl hourly basis, as provided in subsection (c)below. In the event Firm provides more than forty (40) hours ofGeneral Municipal and Special Counsel Legal Services during any month, time for the General Municipal Legal Services will be applied to the 40-hour limit first (prior to applying time for Special Counsel Legal Services). Reimbursable Services (as described herein) shall be excluded from the 40-hour limit and will be billed on an hourly basis. C. April 1, 2025 and. After. Beginning on April 1, 2025, all time for the Legal (i) General Counsel Legal Services. City shall pay Firm al blended rate ofTwo Hundred Fifty Dollars ($250.00) for all attorneys (partners, ofcounsel, and associates), paralegals, and law clerks fora all General (ii) Special Counsel Legal Services. City shall pay Firm a blended rate ofThree Hundred Fifty Dollars ($350.00) fora all attorneys (partners, of counsels, and associates), paralegals, and law clerks for all Services shall be charged on an hourly basis, as follows: Counsel Legal Services. Agreement for City Attorney Services (CW130914.9) 4930-8975-5403,V.9 Page 2 Special Counsel Legal Services which include, but are not limited to, review and preparation of contracts, land use and real estate matters, litigation, water, matters paid for by enterprise funds, complex environmental, and labor and employment services. Special Counsel Legal Services will be provided in addition to, and billed separately from, the General Counsel Legal Services. (ii) Reimbursable Services. City shall pay Firm al blended rate ofThree Hundred Ninety-Five Dollars ($395.00) per hour for all attorneys (partners, ofcounsel, and associates), paralegals, and law clerks for all cost recovery Legal Services for City. Reimbursable Legal Services include, but are not limited to, developer funded land use projects or bond financing. Reimbursable Legal Services will be provided in addition to, and billed separately from, General Counsel and Special Counsel Legal Services. (iv) CPIIncrease. The rates herein will be adjusted annually on. January leach year in accordance with the All Urban Consumer Pricel Index for the San Francisco-0akland-San Jose area ("CPI") for the preceding period, but will not be decreased. in the event there is any year-to-year or cumulative decrease in the CPI during the Term of this Agreement (as defined below). 5.4. Outside Counsel. If Firm requires assistance from attorneys not associated or affiliated with Firm who specialize in a specific field (e.g., workers compensation attorney), Firm will charge, and City agrees to pay, the billing rates for those attorneys. Firm shall obtain the consent of the City Manager prior to engaging any attorney not affiliated or associated with Firm to provide legal services to City. 5.5. Costs, Expenses & Advances. a. City shall pay. for all costs, expenses and advances incurred by Firm on behalf of City, and services provided by or obtained through the Firm on behalf of City ("Costs & Advances"), except as provided in subsection (b) below. Such Costs & Advances shall be the actual cost of the service obtained and there shall be no mark-up of the Costs by the Firm. Costs & Advances include, but are not limited to: copying and printing, outside courier service, court runner service, court reporter serviçes, and transportation costs. An additional technology fee of Two and % Percent (2.5%) will be charged to each matter. Automobile mileage paid by City will be calculated at the rate per mile that is provided by the Internal Revenue Service at the time the expense is incurred. City shall pay Costs & Advances for reasonable expenses associated with meals and lodging in accordance with City's policy for such reimbursements. All Costs & Advances shall be itemized on the Firm's monthly invoice to City and shall be due pursuant to Section 5.7 ofthis. Agreement. Agreement for City Attorney Services (CW130914.9) 4930-8975-5403,V.9 Page 3 b. Firm shall not charge City for travel time to City Council meetings, including travel expenses such as mileage costs. All other travel time and related expenses shall be charged to City. 5.6. Included Services. Notwithstanding any other provision in this Agreement to the contrary, City will not be required toj pay any separate or additional charge for the following: a. b. Secretarial, word processing, or clerical services which are included in the hourly rates oft the Firm's legal professionals; and Charges associated with telephone or facsimile services. 5.7. Invoices and Statements. a. Firm shall provide City with an itemized statement ori invoice for fees, costs, expenses, and advances incurred on a monthly basis. All statements and invoices shall indicate the basis for all charges, including the hours worked or cost incurred, the hourly rate, and a brief description oft the work performed. Firm will establish separate billing projects for specific matters and funding categories as City may direct. b. Payments shall be made by City to Firm within thirty (30) days ofr receipt of any statement or invoice, except for those specific items on an invoice that are contested or questioned and are returned by City with a written explanation of the question or contest within thirty (30) days of receipt of the statement or invoice. Payments made to Firm more than thirty (30) days after the due date shall drawi interest at tenj percent (10%) per annum, except as otherwise set forth herein. 5.8. Payment of Taxes. Firm is solely responsible for the payment of employment 5.9. Authorization to Perform Services. Firm is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of Section 6. Term and Termination. This Agreement shall begin on the Effective Date and shall continue until terminated' by City or Firm upont thirty (30) days' advance written notice to the non-terminating Party (the "Term"). Upon termination, Firm shall be entitled to, and City shall immediately pay, all amounts owed to Firm. City, however, may condition payment of such compensation upon Firm delivering to City copies ofany or all reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, specifications, records, files, or any other documents or materials, in electronic or any other form, that Firm prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder. Originals of attorney work taxes incurred under this Agreement and any similar federal or state taxes. authorization from City. product shall remain the property oft the Firm. Agreement for City Attorney Services (CW130914.9) 4930.8975-5403,V.9 Page 4 Section 7. Independent Contractor. Firm shall perform all Legal Services required under this Agreement as an independent contractor of City and shall remain, at all times as to City, a wholly independent contractor with only such obligations as are required under this Agreement. Neither City nor any ofits employees shall have any control over the manner, mode, or means by which Firm, its agents, or employees, render the Legal Services required under this Agreement, except as otherwise set forth. City shall have no voice in the selection, discharge, supervision, or control of Firm employees, servants, representatives, or agents, or in fixing their number, compensation, or hours ofs service. Section 8. Conflicts. 8.1. No Present Conflicts. Firm has no present or contemplated employment that is adverse to City. Firm agrees that it shall not represent clients ini matters, either litigation or non- litigation, against City. However, Firm may have past and present clients, or may have future clients, who, from time to time, may have interests adverse to City, and Firm reserves the right to represent such clients ini matters not connected with its representation ofCity. 8.2. Duty to Disclose Future Conflicts. Ifa potential conflict of interest arises in Firm'sre representation oftwo clients, ifsuch conflict is only speculative or minor, Firm shall inform City and seek waivers from each client with regard to such representation. 8.3. No Conflict in Violation of Government Code Section 1090. Firm may serve other clients, but none whose activities are within the corporate limits ofCity or whose business, regardless ofl location, would place Firm in a "conflict of interest," - as that term is defined in the rules of professional responsibility governing Firm's profession, unless such conflict may be waived by City and City chooses to waive such conflict in writing. Section 9. Errors and Omissions Insurance Coverage. 9.1. Insurance Coverage. During the Term oft this Agreement, Firm shall at all times maintain insurance coverage for Errors and Omissions with a limit not less than One Million Dollars ($1,000,000.00) per occurrence and' Three Million Dollars ($3,000,000.00). A certificate ofinsurance shall be provided to City within thirty (30) days of execution of this Agreement. In the event that any coverage required by this Section is reduced, limited, or materially affected in any manner, Firm shall provide written notice to City at Firm's earliest possible opportunity and in no case. later than thirty (30) days after Firm is notified oft the change in coverage. 9.2. Remedies. In addition to any other remedies City may have, ifFirm fails toj provide or maintain any insurance policies or policy endorsements to the extent and within the timel herein required, City may, at its sole option, exercise any ofthe following remedies, which are alternatives to other remedies City may have and are not the exclusive: remedy for Firm's breach: a. Order Firm to stop work under this Agreement or withhold any payment that becomes due to Firm hereunder, or both stop work and withhold any payment, until Firm demonstrates compliance with the requirements hereof; or Agreement for City Attorney Services (CW130914.9) 4930-8975-5403,V.9 Page 5 b. Terminate this Agreement. Section 10. Indemnification. Firm agrees to indemnify and hold harmless City, the members ofits governing City Council and its officers, agents, and employees from and against all demand, claims, damages, losses, liabilities, expenses, or costs including reasonable attorney's fees and court costs, arising out of Firm's willful misconduct, or negligent or reckless acts, errors, or omissions of services contemplated by this Agreement, except however, for any such demands, claims, damages, losses, liabilities, expenses and/or costs resulting from the willful misconduct, reckless acts, errors or omissions, or negligence of City or its pro rata share ofr negligence. Section 11. Legal Requirements. 11.1. Governing Law. The laws oft the State of California shall govern this Agreement. 11.2. Compliance with Applicable Laws. Firm and any subcontractors shall comply 11.3. Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Firm and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms ofs such fiscal with all laws applicable to the performance of the work hereunder. assistance program. 11.4. Licenses and Permits. Firm represents and warrants to City that Firm and its employees, agents, and any subcontractors have alll licenses, permits, qualifications, and approvals ofv whatsoever nature legally required to practice their respective professions. Firm represents and warrants to City that Firm and its employees, agents, and any outside counsel shall, at their sole cost and expense, keep in effect at all times during the Term of this Agreement any licenses, permits, and approvals legally required to practice their respective professions. In addition to the foregoing, Firm and any outside counsel shall obtain and maintain during the Term of this Agreement any required business licenses from City. Section 12. Work Product. 12.1. Records Created as Part of Firm's Performance. Firm hereby agrees to deliver copies ofall reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specitications, records, files, or any other documents or materials, in electronic or any other form, that Firm prepares or obtains pursuant to this Agreement to City upon termination of the Agreement. Iti is understood and agreed that the documents and other materials, including but not limited tot those described above, prepared pursuant tot this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. 12.2. Firm's Books and Records. Firm shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Firm pursuant to this Agreement. Agreement for City Attorney Services (CW130914.9) 4930-8975-5403,V.9 Page 6 12.3 Inspection and Audit of] Records. Any records or documents that Section 12.20 of this Agreement requires Firm to maintain shall bei made available fori inspection, audit, or copying at any time during regular business hours, upon oral or written request ofCity. Section 13. Notices. Any notice or communication pertaining to this Agreement shall be sent to the addresses below and be deemed delivered when in writing and delivered personally; or deposited with a courier service or in the United States mail; or by email based on the date shown on the sent email. All notices and communications sent by personal delivery, courier service, or mail shall be accompanied by a copy sent by email to the addresses specified below. Either Party may update the contact information below at any time. Ifto City: City of Ione 1E. Main St. Ione, CA 95640 Attn: City Manager Email: glee@ione-ca.com White Brenner, LLP 1608TSt. Sacramento, CA95811 Attn: Josh Varinsky Email: oan@whichremeripcon Tel: (916)468-4578 Ifto Firm: Section 13. General Provisions. a. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement are declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections ofthis Agreement which arel hereby declared as severable and shall be interpreted to carry out the intent of the Parties herein. b. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall be deemed one and the same instrument. C. Entire Agreement. This Agreement, together with its specific references, attachments, and exhibits, constitutes all of the agreements, understandings, representations, conditions, warranties and covenants made by and between the Parties hereto with respect to the subject matter of this Agreement. Unless set forth herein, neither Party shall be liable for any representations made, expressed ori implied, not specifically set forth herein. d. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities Agreement for City Attorney Services (CW130914.9) 4930-8975-5403,V.9 Page 7 herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary orr required by the state or federal lawi in order to enter into this Agreement had been fully complied with. e. f. Document Preparation. This Agreement will not be construed against the Advice ofLegal Counsel. Each Partya acknowledges thati it has reviewed this Party preparing it but will be construed as if prepared by both Parties. Agreement with its own legal counsel and based upon the advice of that counsel, freely entered into this Agreement. g. Waiver. The waiver ofany breach ofa specific provision oft this Agreement does not constitute a waiver ofa any other breach oft that term or any other term oft this Agreement. action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other h. Attorney's Fees and Costs. If any action at law, or in equity, including relief to which such Party may be entitled. [Signatures onj following page ] Agreement for City Attorney Services (CW130914.9) 4930-8975-5403,V.9 Page 8 INV WITNESS WHEREOF, this Agreement has been entered into by and between City and Firm as oft the Effective Date. CITY OF IONE, ac California municipal corporation By: George Lee, City Manager Date Signed: WHITE BRENNER, LLP aCalifornia limited liability partnership By: Douglas L. White Date Signed: Agreement for City Attorney Services (CW130914.9) 4930-8975-5403,V.9 Page 9 EXHIBIT. A SCOPE OF WORK Represent and provide legal advice and consultation on a regular basis to the City and City Staff as requested or required. Contacts are usually made by email or telephone, and same- Attend monthly City Council meetings (when necessary) by Zoom or in person and be prepared to advise the City Council on matters on the agenda as well as procedural or Coordinate and manage the services and costs of all outside or special legal counsel within Recommend policies and procedures that comply with the requirements of the law. Keep the City Council and City Staff informed oflegislation or judicial opinions that have Prepare, review, and revise staff documents, including, but not limited to, initiation of memorandums concerning legal issues, contracts, agreements, ordinances, meeting agendas, resolutions, land use decisions on appeal, and staff reports for the legal support of Provide staff assistance, legal research, and counseling related to the acquisition or sale of property, preparation of leases, deeds and easements, agreements, utility franchise agreements, operations governed by law, liability situations, grant guidelines, pension. law, personnel, employee relations, and other matters as necessary requiring legal advice. Provide guidance concerning the requirements of the Brown Act, Conflict ofl Interest (AB 1234), the Political Reform Act, the Public Records Act, due process, and other legal Provide guidance and assist with the Proposition 218 process as it relates to rate increases day response is typically expected. substantive issues that arise during the meeting. budgetary limits as approved by the City Council. potential impact to the City. City functions and duties. requirements imposed by statute and common law. by City. Assist with responses to Public Records Act requests when needed. Research and interpret laws, court decisions, and other legal authorities in order toj prepare legal opinions and to advise the City Council and City Staff on legal matters pertaining to Represent the City as requested before other governmental bodies and agencies toj promote Perform other legal duties as may be required by the City as may be necessary to complete City operations. the interest oft the City. the performance and functions mentioned above. Promptly return all phone calls from the City Council and City Staff. (CW130914.9) 4930-8975-5403,V.9 CITYOFIONE IO.VE, CA 95640 Agenda Item #K1 DATE: TO: FROM: January 7,2024 THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL George Lee SUBJECT: Lights at Howard Park RECOMMENDED ACTION: Authorize City Manager to proceed in facilitation of parking lot lights at Howard Park. FISCAL IMPACT: IBCA to contribute $ 20,000 and manpower Ione Rotary to contribute $ 20,000 and manpower City ofIone to contribute cost of concrete bases comes to +/- $2,500 each light. BACKGROUND: With the recent grade improvements at Howard Park near the Horse Arena being contributed by Thomas Borge, thel IBCA and Ione Rotary wanted to participate and contribute in further by the way ofinstalling lighting in the parking area. An efficient way to do this was through solar lighting. Please attachment for their DISCUSSION: The company's original bid was $ 6,260.000 per light (total: $ 53,753.00 including shipping & handling). After some back and forth staff was able to negotiate the price down to $5,054.00 per light (total ofs 44,940.00 including shipping and handling). The lights would be extremely helpful inj providing light as there no lighting at all. Based on how these lights perform, they could be considered in other areas of Howard Park informational brochure. This resulted in a total price deduction ofs 8,813.00 which is sorely needed. ATTACHMENTS: Brochure and lot plan FONROCHE Fonroche Lighting America 4900 David Strickland Rd. Forest! Hill, TX76119 (817)516-2056 lighting A AMERICA Opportunity Owner Jacob Fox Payment Terms 50%0 deposit, 50% Net 30f from Ship Shipping Terms Prices are FOB Origin Quote Number 00084302 Quote Name Quote Date Quote Expiration 2/20/2025 Date Est. Lead Time Within 61 Weeks Ship Tol Name Amador County, CA G860l-onecA.ChanesroMaPaRO-ReVA Date-contingent on credit approval 11/20/2024 Ship To United States Shipping estimated; final cost determined on day ofs shipping and added toi invoice. Beware ofF Fraud: Any advance payment request will onlyt ber made ont the basis ofa proforma invoice sent by Fonroche Lighting America. Fonroche Model AePaNRD-ELEN Price Quentily Amount System Number SmartLight Assembly with 1248Wh-24V NIMH Battery, special extreme temperature (from- -40F Ft to+ +158F), 1x410W: solar module with Top ofF Pole assembly and 27T54-CK16B-4K-74) Intelligent managementcontrol: system. Provisioned for TWIN Fixture configuration. P410F-4P)HW-MC Twin Essential (Formerly CK16B)F Fixture 4K Color Temp.-Type 4F Fixture Color: BK-. Fixture Color: BK Power Assembly colori is black. Mount: Highy wind and enhanced marine coating. POLE: 25Ft. Round 25Ft. Round Tapered Pole-Anchor Base-2-4FT. Arm --Pole Colori is BK USD 8.00 USD 6,169.00 Tapered Pole-Anchor Base-2-4FT Arm --Pole Color: BK 100 Degrees Tilt 8Year Warranty All Nightl Lighting 365 Days a Year- Full Battery Replacement 100%: =27 Watts worst case conditions. T-PM: 5h hrs. @100%] IT-N (Balance ofr night) 49,352.00 Assumes No Shadingl I Assumes little or nos snow @30% T-AM: 1 hrs. @100% Total Line Items Shipping and Handling Quote Total USD4 49,352.00 USD4,401.00 USD53,753.00 This quotation is subject tot the following terms and conditions Seller's Terms and Conditions of Salei ine effect ont the date oft this order shall apply tot this quote and are hereby incorporated by reference. Seller's Terms and Conditions of Sale may be viewed: at chbmamchsdanstingtmacmatniss, Pricing is based on Fonroche Lighting America's Standard Terms & Conditions and any additional terms stipulated herein. Itis the Representative's responsibility to convey these terms tot the customer. Without prior written approval from Fonroche Lighting America's Sales Director, any deviation from these terms may constitute a change int this pricing al the time of order. Int the event that Fonroche Lighting America is unable recuperate difference inp pricingf from end customer, it may deduct the difference from representative's commission. TIPS INTERLOCAL THE PURCHASING SYSTEN Bu/Board AWARDED VENDOR Allied States Cooperative npp gov ESC*19 FONROCHE Fonroche Lighting America 4900 David Strickland Rd. Forest Hill, TX76119 (817)516-2056 lighting. AMERICA Opportunity Owner Jacob Fox Payment Terms 50% deposit, 50% Net 30f from Ship Shipping Terms Prices are FOB Origin Quote Number 00084302 Quote Name Quote Date Quote Expiration 2/20/2025 Date Est. Lead Time Within 6 Weeks Ship Tol Name Amador County, CA G8601-loneCA-CharlesHowardParkLot-ReVA Date-contingent on credit approval 11/20/2024 Ship To United States Shipping estimated; final cost determined ond day ofs shipping and addedt toi invoice. Beware ofF Fraud: Any advance paymentr request will only ber made ont the basis ofap proforma invoice sent by Fonroche Lighting America. Fonrache Model Fonrochel Product Descrption Price Quantty Amount System Number SmartLight Assembly with 1248Wh-24V NIMH Battery, special extreme temperature (from -40Ft to +158F F),1x410W: solar module with Top of Pole assembly and 27T54-CK16B-4K-T4) Intelligent managementcontrol: system. Provisioned for TWIN Fixture configuration. P410F-4P)HW-MC Twin Essential (Formerly CK16B) Fixture 4K Color Temp.-Type 4F Fixture Color: BK- -. Fixture Color: BK Power Assembly colori is black. Mount: High wind ande enhancedr marine coating. POLE: 25FL. Round 25FL. Round Tapered Pole-Anchor Base-2-4FT. Arm -Pole Color is BK USD 8.00 USD 5,054.00 Tapered Pole-Anchor Base-2-4FT Arm --Pole Color: BK 10 Degrees Tilt 8Year Warranty AIIN Night Lighting 365 Days a' Year Full Battery Replacement 100% =27 Watts worst case conditions. T-PM: 5 hrs. @100%] T-N (Balance ofr night) 40,432.00 Assumes No Shadingl Assumes little orr nos snow @30%1 IT-AM: 1hrs. @100% Total Line Items Shipping and Handling Quote Total USD 40,432.00 USD 4,508.00 USD 44,940.00 This quotation is subject to thet following terms and conditions Seller's Terms and Conditions of Sale ine effect ont the date oft this order shall applyt tot this quote and are herebyi incorporated byr reference. Seller's Terms and Conditions of Sale may be viewed at https//www. fonrochesolatighting. com/aboutuslems., Pricingi is based on Fonroche Lighting America's Standard Terms & Conditions and any additional terms stipulated herein. Itis the Representative's responsibility to convey these terms to the customer. Without prior written approval from Fonroche Lighting America's Sales Director, any deviation from these terms may constitute: a change int this pricing at thet time of order. int the event that Fonroche Lighting America is unable recuperate difference inj pricing from end customer, it may deduct the difference from representative's commission. THE MTERLOCAL PURCHASNG SVSTEN BuyBoard AWARDED VENDOR Allied States Cooperative npp gov ESC*19 FONROCHE lighting AMERICA APPLICATION DESIGN Charles Howard Park Parking Lot lone - CA Connors Building Oklahoma City, OK 2 UE m Project Number: Date: Written by: Version : G8601 11/20/2024 Mateo CHEVALIER A. - The global leader in solar lighting Fonroche Lighting Americai is proudt tob bep part off Fonroche Lighting, thes globall leaderi in off-grids solars streetli lighting. Thec deep resources: andb broader scope ofa ane established market leader lets ust take solar lighting even further, from the Statel Treasuryi in! Salem, Oregont tot the West African Republic ofs Senegal. Over 150,000Fonroche: Smartlight With five officesi int the USA andi installations across the country, Fonrochei is never far away.: Some solution providers entert thes solar lightingr market--thent move on. We'rea reliable partner thats sticks around. Youg get ther responsive support and smart answersthat your need now-andt the confidence that we'llbeh here fory yout farint thef future. And we can take onp projects ofa anys size, from! localt ton national. That's whys so manyr municipalities, military andf federalf facilities, tribes, commercial, properties, ando developers trust us toc deliver thet full promise ofs solarl lighting. FONROCHE UIITOAMERICA systems! have! been deployed worldwide. key benefits for your proiect The3 OFF-GRID 100% solar, not connected to the utility grid. No outages. 365 nights of light ay year guaranteed. POWERFUL Powerful llumination, on a par with grid-connected systems. COST-EFFICIENT No maintenance for the first 10 years. Rapid installation. No operating costs. Olton City Park - Olton, TX Feasibility of your solar lighting project To guarantee powerful, cost-effective off grid lighting, Fonroche operates its own design offices. We assess the feasibility of each project ini four stages: 1. First, we define your lighting requirements. 2. Next, we analyze the last 10 years of local weather data to determine how much energy our PV panels 3. On this basis, we calculate what size and how 4. Finally, our sales team draws up a cost estimate. will generate. many products we need to install. Fonroche Lighting America Design Office Rightsized to your specific needs FONROCHE UIMgAMERICA 1 Project = 1Study 10-Year Analysis of local We use the PVsyst software suite and Meteonorm historical time series irradiation data to calculate the real-world operating conditions = orientation and tilt angle of the panel, shadow, etc. - and external parameters, such as direct and diffuse irradiation, temperature and the solar calendar. weather data Simulation ofp product(s) over Our teams have developed a solar sizing software application, which we use to determine which products will best meet your needs. We then simulate how these products operate over a typical year, based on the average conditions for thel last decade. atypical year Sizing the project to your needs We use a set of key criteria to optimally specify your Average battery charge level over the year Minimum charge level Comparative analysis of energy generated by the panel VS. energy used by the system Worst-case scenario (lowest irradiation, longest project: Results Based on our experience, we propose the optimal solution in terms of lighting performance and cost effectiveness. night) Autonomy of 365 nights of Aghting/year Fonroche Lighting America - Design Office Our technical proposal FONROCHE 1ghMrgAMERICA SMARTLIGHT SYSTEM CONFIGURATION 8 Years Non pro-rated 20R6S Project-Specific System Specifications PHOTOVOLTAIC MODULE 30 PV panel power rating PV panei tilt angle 410Wp 10° POWER 365: SMART STORAGE AND MANAGEMENT Battery capacity (Must be NIMH) Chosen lighting profile fory your project 1248V Wh NIGHT LEDLIGHT UNIT Lighting power 20 DAV 100% DAY 100% 2x3 30' W nominal LED light unit specification 4000K-1 180 Lm/w 30% 5h xh 1h ughti intensity Junscl snrite Pole height / Arm Length/ / Base type Protective treatment 25'/4'arm/ 3' Concrete Anchor Base Powder Coated Fonroche Lighting America Design Office Photometric survey results FONROCHE IMgAMERICA Zone Parking Lot TOTAL Average lighting level (fc) 0.50 Minimum 0.1 Uniformity (Avg/Min) 5.0 Spacing 100ft typical Quantity 8 8 Design target: : 0.5 fca average, 0.1 fci minimum Photometric assumes each pole is mounted on a3 3' AFG base, and no shading on the solar panel Choose Fonroche - and we will reduce your environmental, footprint. As standard streetlight consumes in average 801 Wo during 4200 h per vear which represents 0.08x4200x number of solar streetlight =X kWh of enerqy saving. Once installed, solar lighting reduces CO2 emissions by 1kWh = 0.99 Ibs CO, compared to a grid-connected installation. htp//www.elagow, Recycling our components Long product service life and component recyclability are key aspects of Fonroche Lighting's environmental commitments. Unlike lead-acid batteries, NiMH batteries do not contain any toxic chemicals. They are 98% recyclable = the nickel is The solar panels have an extremely long service life. Even after 25 years, they will still be producing at least 80% of their initial peak power. So they can continue to be used. Alternatively, about 96% of their component materials can be Our solar streetlights are over 90% recyclable. extracted and used to make various materials, mostly stainless: steel. recycled to make new paneis. Fonroche Lighting America Design Office FONROCHE GUGAMERICA PHOTOMETRIC STUDY *Note: these results are only valid if the Smartlight PV panel is at an azimuth angle of zero **These results are. subject to change due to technological or regulatory advances. This technical degrees andi is completely) free of shadow. report is valid for 60 days from the date) you receive it. Fonroche Lighting America Design Office Charles Howard Park Parking Lot Lighting Plan RevA By: Mateo Chevalier FONROCHE 4900 David Strickland Road FortWorth, TX76119 omoctaoergningcon lighting AMERICA m.chevaler@lonroche-ightingcomPhone Number: (339)2254530 Project Number: G8601 Date:20/11/2024 Google Luminaire Schedule Symbol aly Label Twin-2x27W Arrangement LLF Luminaire Luminaire Mounting Arm Lumens Watts 27 Height 30 0 e 8 T4-CKI6B-4000K- BACK-BACK 0.900 4671 4.57 Calculation Summary Label Parking Lot CalcType llluminance Units Avg Max Min Avg/Min Max/Min Fc 0.50 1.1 0.1 5.00 11.00 Charles Howard Park Parking Lot Lighting Plan RevA By: Mateo Chevalier FONROCHE 4900 David Strickland Road FortWorth, TX76119 wwlsaochetolangpingcon lighting AMERICA mchevaler@lonrocheligntingcomPhone Number: (339)2254530 Project Number: G8601 Date:20/11/2024 Charles Howard Park Parking Lot Lighting Plan RevA By: Mateo Chevalier FONROCHE 4900 David Strickland Road Fort Worth, TX76119 ww.onochaidargpingon lighting, AMERICA mcwalerelomoctelgning comPhone Number: (339):2 2254530 Project Number: G8601 Date:20/11/2024 1.1 094 0.75 0.56 0.38 0.19 Buminance (Fc) A few examples FONROCHE ghungAMERICA DAEE Melissa, TX- Country Ridge Park Brushy Creek Cedar Park TX Fort Worth, TX Marana, AZ Fonroche Lighting America Design Office FONROCHE lighting AMERICA Solar lighting Your commitment to sustainability Contact us Jacob Fox Sales Representative P:B39)225-4530,218 Ejacob.loxefomoche.us FIND OUT MORE AT www.Fonrochesolarugnting.com FONROCHE LIGHTING AMERICA 14 4900 David Strickland Road Forest Hill, TX76119 IUSA Telephone 339-225-4530 Fonroche Lighting America Design Office CITYOFIONE IOVE. CA 95641 Agenda Item #K2 DATE: TO: FROM: January 7,2024 THE HONORABLE MAYOR. AND MEMBERS OF THE CITY COUNCIL George Lee Beardslee SUBJECT: Contract for Transition Services for Mr. Andy Pinaseo/Neumiller & RECOMMENDED ACTION: Proceed with contract FISCALIMPACT: Maximum ofs1 15,000 BACKGROUND: Council members of the City ofl Ione recently retained Brenner White as new City Counsel. This special services agreement for Andy Pinasco would cover any and DISCUSSION: The special services agreement is needed to ensure a smooth transition to the new City ofIone counsel should various issues arise from time to time. all transitions issues that could arise during the transition. ATTACHMENTS: Agreement Neumiller & Beardslee ORNI SNicDns MIS : A :. :) ATTORNEY-CLIENT: REPRESENTATION AGREEMENT THIS AGREEMENT ("Agreement"): is entered intol by and between Neumiller & Beardslee,A Professional Corporation ("Firm")and City of Ione ("Client"). SECTION1 CONDITION Ifthis Agreement accurately describes the services the Firm is toj perform for you and the terms for payment oft the resulting legal fees and expenses that you will incur, please countersign one ofthe duplicate originals of this letter and return itt to us. THIS AGREEMENTY WILLTAKE EFFECT ASI PROVIDED BYS SECTION 18. SECTION2 SCOPE ANDI NATURE OF SERVICES Client hires thel Firm to provide legal services and to perform all normal and usual duties ofa Special Counsel, including, without limitation, those specified in the Califoria Government Code, and shall serve: as chief legal advisor to matters assigned by Client to Client.. Andy Pinascoi is assigned ast the Special Counsel. Her may delegate any duties under this Agreement such as research and administrative duties to other attoreys employed by Firm. All attorneys assigned to perform approved Client business shall, at all times while this Agreement; isi in effect, be fully qualified and licensed toj practice lawi int the State of California. This Agreement also covers other legal matters which Client may refer tot the Firm from time to time and which the Firm agrees to represent Client. Firm will provide those legal services reasonably required to represent Client. The Firm will take reasonable steps to keep Client informed of progress and to respond to Client'si inquiries. Services in any matter not described above willi requirea separate written agreement. SECTION3 ATTORNEY-CLIENT CONFIDENTIALITY This Agreement contains attorney work product prepared only for the confidential use oft the Client andi is subject to the attorney-client privilege. SECTION4 CLIENT'SDUTIES Client agrees to be truthful witht the Firm, to cooperate, to keep the Firm informed of any information or developments which may come to Client's attention thati impact the services providedby Pagc/1 1847915-1 NEUMILLER &1 BEARDSLEE REPESPATOMAGHIMENT thel Finm. Client agrees to abide by this Agreement, pay thel Firm'si invoices on1 time, andt tol keep thel Firm advised of Client's address, telephone number and whereabouts. Client will assist thel Firm inj providing necessary information and documents and will appear when necessary atl legal proceedings. SECTIONS BILLING PRACTICES, INVOICES, PAYMENTS, ANDI LATE CHARGES A. Separate Files for! Matters. Thel Firm will typically set up separate files for each matter for whichi it provides service and willi invoice those files to Client under the assigned matter names. When the Firm'ss services are completed for a matter, the Firm will separately close andt then storet the closed files. The Firm may classify small matters that do not warrant setting up separate files as part ofa "general" category and willi invoice those matters under the "genera!" matter (although separate files will B. Billing Factors. Thel Firm takes into account ai number off factors in billing for services rendered, and all invoices are reviewed before they arei issued to ensure that the amount chargedi is appropriate. The principal factori is usually the Firm's schedule ofhourly rates. Mosti invoices for services are simply the product oft the hours worked, multiplied by thel hourly rates for the attorneys and C. Activities Billed. Thel Firm will charge for all activities undertaken inj providing legal services to Client under this Agreement, including but not limited to the following: () conferences (including preparation and participation); (ir) review and preparation of correspondence and legal documents; (iii) legal research and case analysis; and (iv) telephone and e-mail communications. The Firm will charge for the pertormance of work by individual matter on an hourly basis in accordance with D. Use ofl Multiple Attorneys. Depth and diversity of experience and skilli is a major asset of thel Firm. From time to time, it willl be reasonable andr necessary for two or more attorneys to meet or confer regarding the facts, law, strategy or tactics ofas situation, in order toj provide services to Clienti in ther most efficient, prudent, and cost-effective manner. When two or more of the Firm's personnel are engaged in working on a matter at the same time, such as in conferences between them, or with Client, the Firm will review and consider the subject oft the work and the reasonable necessity of having multiple personnel involved in determining whether the total amount billed for such conferences, consultations or E. Monthly Statements. Thel Firm will send Client monthly statements reflecting attorney fees and costs incurred and their basis, any: amounts applied from Client's trust account deposits, and any current balance owed. Client will pay any balance ini full upon receipt. Any balance remaining unpaid after thirty (30) days will incurl late charges at the rate of eighty-three one hundredths of one percent (0.83%) per month, simple interest, buti in no event higher than the maximum interest rate permittedb by be opened for minor work ifClient requests). legal assistants who performed the work. the fee schedule attached hereto as' "Exhibit A". meetings should be invoiced. law. SECTION6 LEGALFEES Firm shall be compensated fors services rendered to Client in accordance with the fee schedule attached hereto as "ExhibitA," which isi incorporated! herein byt this reference. Client agrees toj pay by the hour, at the rates statedi in' "Exhibit A,"t for all time spent on Client's matter by! legal personnel. Firm's time is billed in increments ofr notl less than one-tenth of an! hour for each task performed at a time and rounding up for each partial increment. In addition, Firm will generally bill ar minimum of two-tenths of Page12 1847915-1 NEUMILLER&B BEARDSLEE REPRESENTATION) AGREEMENT anl hour for each task given administrative costs and! lost productivity associated with shifting attention from task to task. Allt time recorded on a given day may be recorded in one entry andi in certain situations may be recorded in one entry for all days spent on a matter. The rates on the schedule set out below are subject to change in: accordance. with thej procedure described in' "Exhibit. A". IfClient declines to approve or pay increased rates, the Firm willl have the rightt to withdraw as attorney for Client. SECTION7 COSTS AND OTHER CHARGES A. General. Thel Firm willi incur various costs and expenses inj performing legal services under this Agreement. Client agrees toj pay for all costs, disbursements and expenses in addition tot the hourly fees. The costs and expenses commonlyi include postage, photocopying and other reproduction costs, travel costs, including parking, mileage, andt transportation,' service of! process charges, filing fees, court and deposition reporters' fees, jury fees, notary fees, deposition costs, messenger and other delivery fees, investigation expenses, consultants' fees, expert witness, professional, mediator, arbitrator and/or special master fees and other similar items. Except for the items listed below, all costs and expenses will be charged at the Firm's cost. In-office photocopying (black/white copies) $0.25 per page In-office photocopying (color copies) Facsimile charges Mileage $1.00 per page $1.00 per page IRS Allowablel Rate B. Travel. Client agrees to pay transportation, meals, lodging and all other costs ofany necessary out-of-town travel to thel Firm's personnel. Client will also be charged the hourly rates for the time the Firm's personnel spend traveling. However, travel to and from Client's offices shall be billedi in C. Experts, Consultants and) Investigators. To aidi in the preparation or presentation of Client's case, iti may become necessary tol hire expert witness, consultants or investigators. Client agrees to pays such fees and charges. The Firm will select any expert witnesses, consultants or investigators to be D. CourtAction or Arbitration. Ifthe matter involves a court action or arbitration, Client understands that Client may be required toj pay fees or costs, or both, to other parties in the action. Any accordance with the discounted travel rates set forthi in' "Exhibit A". hired, and Client willl bei informed of persons chosen and their charges. such payment will be entirely the responsibility ofClient. SECTION8 ESTIMATED FEES AND COSTS From time tot time, estimates off fees and costs1 likelyt to bei incurred in a given matter or ifa given course of action is pursued may be provided by thel Firm. Any estimate provided to Client at any timei is only an estimate andi is not ai flat fee or a not-to-exceed: amount. Actual legal fees can vary widely depending upon the circumstances oft the matter, including the number of meetings, the number of changes required to documents, and how much coordination with third parties is required to obtain information or for other purposes. The estimate also excludes any costs or amounts necessary to be paid to third (3rd) parties to complete the work, unless such fees or amount are specifically noted in the estimate. Thel Firm does not guarantee that actual fees and costs will fall within any estimate provided. Page13 1847915-1 NEUMILLER &1 BEARDSLEE REPRESENTATION/ AGREEMENT SECTION9 NO GUARANTYOF OUTCOME Nothing int this Agreement andi nothing in thel Firm's statements to Client willl be construed asa promise or guarantee about the outcome oft the matter. While the! Firm will make every effort to achieve favorable results for Client, the Firm makes no promise or guarantee of any result. The Firm's comments about the outcome oft the matter are expressions of opinion only. SECTION: 10 INDEPENDENT CONTRACTOR Firmi is ani independent contractor. This Agreement does not create the relationship ofe employer and employee, aj partnership, or aj joint venture. Client shall not control or direct the details, means, methods, or processes by which Firmj performs any services under this Agreement. Firm shall possess no authority with respect to any Client decision beyond rendition of suchi information, advice, or recommendations unless authorized byt the Client or Client's designated official(s). Firm shall be solely liable for and obligated to pay directly all applicable taxes, including federal and state income taxes and social security, arising out ofl Firm'sp performance ofs services under this Agreement. SECTION11 LITIGATION REPRESENTATION Ifthel Firm represents Client in any litigation, the Firm will represent Client through trial and post-trial motions. This Agreement does not cover representation on appeal or in execution proceedings after judgment unless specifically included in the scope ofr representation above. Separate arrangements must be agreed to between the Firm and Client for appeals or for execution proceedings after judgment. SECTION12 TAXADVICE AND REPRESENTATION The Firm will not provide tax advice or representation with or before taxing agencies or authorities, however, we willl bel happy to work with yourt tax professional or CPA to coordinate results intended toi implement their advice or strategies, but not in any way that could be construed to violate matters specified in the IRS Circular. 230 Disclosure, which provides that any U.S. tax advice contained ina ac communication shall not be used for and cannot be usedf for: () purposes of avoiding any tax related penalties that may be imposed under Federal tax laws, or (ii) the promotion, marketing or recommending to another party ofany transaction or matter for such purposes. SECTION1 13 CONFLICTS OF INTEREST Firm shall comply with all applicable laws and professional rules and standards relating to any known ethical conflict ofi interest involving Client andt the matters upon which Firm is providing legal services under this Agreement. Firm shall not reveal Client's confidential information except with the consent oft the Client. Firm shall notify Client of any conflict ofinterest related to matters upon whichi itis providing legals services under this Agreement upon discovery ofa any such conflict. In the eventt that such conflicti is not or cannot be waived or resolved, Client shall retain alternate counsel. IF CLIENT ISA AWARE OFANYA ACTUALOR OTEMTALCONCCIENT MUST! NOTIFYTHE FIRMI BEFORE SIGNING THIS AGREEMENT. Pagc/4 1847915-1 NEUMILERABAIUE REPRESENTATION/ AGREEMENT SECTION 14 ELECTRONIC: RESOURCES. AND CLOUD STORAGE Toi increase the Firm's efficiency for the Client, the Firm regularly makes use of email and cellular telephone communications. These technologies are not encrypted and although the Firm believes the risk is slight, there is some possibility that confidential communications with the Client could become compromised. Thel Firm aiso makes use of off-site computer storage facilities which, although such facilities are encrypted and password protected, does expose communications and material kept at the computer storage facility or "int the cloud" to possible compromise. By agreeing to thel Firm's representation, Client consents to thel Firm's use oft these technologies. SECTION 15 CLIENT! FILES At thet termination ofs services under this Agreement, or as thel Firm completes individual matters for Client and closes the active files for those matters, the Firm will release promptly to Client, upon Client's request, all of Client's papers and property as to the closed matters, subject to any protective order or nondisclosure agreement. After five (5) years have passed, since the termination ofs services under this Agreement or from the closing date of particular client matters under this Agreement, thel Fim may dispose ofClient's papers and property. Itmay do sO earlier upon notice to Client. IfClient desires tol have thel Firm retain Client'sp papers and property beyond five (5)years, after the termination ofs such services, Client must make separate arrangements with the Firm. "Client's papers and property" include correspondence, deposition transcripts, exhibits, experts' reports, legal documents, physical evidence, and other items reasonably necessary to Client's representation, whether Client paid for them or not, to the extent necessary to avoid prejudicing Client'si interest, andi including electronic versions oft those documents as available. Client shall reimburse Firm for any reasonable expenses, including but not limited tos staff time and third-party storage costs, incurred byl Firmi in storing Client's files ori in transferring files at the conclusion oft the representation. SECTION 16 WITHDRAWALAND TERMINATION OF) REPRESENTATION The Client has the rightt to terminate the Firm as Client's attorney at anyt time, in which case the Client will advise the Firm of that decision, in writing. Thel Firm reserves the right to withdraw from representing the Client, ift the Client failst to follow the terms of this Agreement, ifthe Client has misrepresented or failed to disclose material facts to the Finm, ori ifthe Client has not followed the Firm's advice. Ifthel Firm is required toi file a motion to withdraw: as attorney, the Client agrees that any ofthe above will constitute good cause for withdrawal. Good cause for withdrawal will also be any circumstance that would render the Firm's continuing representation unlawful or unethical. On termination of the Firm, the Client willl be responsible for obtaining new counsel and for paying the balance due to thel Firm for costs and services rendered to the time of termination. SECTION: 17 INTEGRATION CLAUSE This Agreement, when signed by Client, is the sole Agreement between the Firm and the Client. No prior agreement, arrangement, or understandings pertaining to those matters is effective for any purpose. This Agreement may only be changed by a writing signed by both parties or an oral agreement but only to the extent that the parties perform the oral agreement. Page15 1847915-1 NEIMILERABARBLE REPRESENTATION ACREEMENT SECTION: 18 SEVERABILITYIN: EVENT OFI FARTIALINVALIDITY Ifany provision of this Agreement isl heldi in whole ori inj partt to be unenforceable for any: reason, ther remainder oft that provision and of the entire Agreement will be severable and remain in effect. SECTION 19 EFFECTIVE DATE The effective date of this Agreement will be the date on which the Firm is in receipt ofa copy of this Agreement, fully signed by Client, along with any advance deposit if one was requested. The attorney-client: relationship will commence on the effective date of this Agreement, except that the terms ofthis Agreement and the attorney-client relationship will apply to any work that the Firm may have done for Client's! benefit before the date of this Agreement. THE FIRMI HAS NOC OBLIGATION TOI PROVIDE LEGALSERVICES, UNTILYOUI RETURN AN) EXECUTED COPY OF1 THIS AGREEMENTTO1 THE FIRM. IFYOU FAILTO RETURN ANE EXECUTED COPY OFTHISA AGREEMENT TOTHE FIRM, YOU ARE STILLOBLIGATED TOI PAY. FOR SERVICES PERFORMED. AT YOUR REQUEST. SECTION20 MEDIATION Ifa dispute arises out of or relating to any aspect of this Agreement between Client and Firm, or the! breach thereof, and ifthe dispute cannot be settled through negotiation, Firm: and Client agree to discuss in good faith the use oft mediation before resorting to arbitration, litigation, or any other dispute resolution procedure. SECTION21 ARBITRATION A. Arbitration of all Disputes Including Claims of! Malpractice. Any controversy between the parties regarding the construction, application or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, shall be submitted to binding arbitration upon the written request of either party after the service oft that request on the other party. The parties shall appoint one person tol hear and determine the dispute. Ifthe parties cannot agree, then the arbitration service. Judicial. Arbitration and Mediation Service ("JAMS") shall be asked to choose ani impartial arbitrator pursuant to their rules whose decision shall be final and conclusive on all parties. The Firm and Client shall each have the right of discovery in connection with any arbitration proceeding in accordance with Code of Civil Procedure Section 1283.05. The parties shall bear their own legal fees and costs for all claims. Thes sole and exclusive venue: for the arbitration and or any legal B. Binding Arbitration. Ifthere is any disagreement between the parties concerning fees, this Agreement or any other claim, including a claim of attorney malpractice, relating to the legal matter that arises out of the Firm's legal representation, the Client agrees to submit that dispute to binding C. Alternative State) Bar Arbitration of Fees. In any dispute subject to the jurisdiction of the State of California over attorney's fees, charges, costs or expenses, Client has the right to elect arbitration pursuant to the fee arbitration procedures of the State Bar of Califoria, as set forth in California Business andi Professions Code Section 6200, et seq. rather than using the procedures set out in Subsection B of this Section. The State Bar ofCalifornia procedures permit at trial after arbitration, dispute shall be San. Joaquin County, California. arbitration, under the rules ofJAMS. Page/6 1847915-1 NEUMILLER&E BEARDSLEE REPRESENTATION, AGREEMENT unless the parties agree in writing, after the dispute has arisen, to be bound by the arbitration award. If, after receiving a notice ofClient's rightt to arbitrate, Client does not elect toj proceed under the Statel Bar fee arbitration procedures, and file ar request for fee arbitration within thirty (30) days, any dispute over fees, charges, costs or expenses, willl be resolved by binding arbitration as provided in Subsection! Bof D. Disclosures and Confirmation Regarding Arbitration. Because each party is giving uparight, Client is encouraged tol have independent counsel of Client's choice review these arbitration provisions and this entire. Agreement before signing this Agreement. Client and thel Firm confirm that they haver read and understand Subsections A through D oft this Section, and voluntarily agree to binding arbitration. In doing so, Client and the Firm voluntarily give up important constitutional rights to trialb by this Section. judge orj jury, as well as rights to an appeal. Client Thel Firm SECTION22 USE OFS SCANNED. AND ELECTRONIC SIGNATURES By agreeing to thel Firm's representation, Client agrees that scanned counterparts oft this Agreement that have been signed by and exchanged between Client and the Firm will be deemed binding and effective in the same manner as signed original documents. AGREED AND ACCEPTED this day of George Lee City Manager, City ofl Ione Andrew J.1 Pinasco Attorney atl Law December 31, 2024 Date ENCLOSED. ARE TWO (2) ORIGINALS OF1 THIS AGREEMENT. IFTHETERMS OFTHIS AGREEMENT MEET WITH YOUR APPROVAL, PLEASE SIGN ONE()ORIGINAL AGREEMENTAND RETURN' TOI MEI INTHE ENCLOSED! RETURNI ENVELOPE. Your MAYE RETAINT THE OTHER ORIGINALFOR YOURI FILE. IFPREFERRED, YOUN MAY SEND' THE SIGNED AGREEMENTTO THE FIRM BY FACSIMILEOR BYE EMAILINI PDF FORMAT. Page17 1847915-1 NEUMILLER &1 BEARDSLEE REPRESENTATION, AGREEMENT EXHIBIT"A" SCHEDULE OF FEES & CHARGES A. Specific Attendance at Meetings. For attendance at Client meetings and on-site meetings with Client staff, Client agrees to pay byt thel hour, at thel Firm'sr reduced B. Attorney Travel Charges. Attorey may charge Client a discounted rate of $150.00per hour for travel time to and from Client meetings (whether regular or special): and meetings with, or on behalfof, Client for which the Attomey is requested to attendi in person relating toi items not categorized as litigation matters. The discounted travel time fee shalli include the mileage traveled to and from said meeting(s) and City of Ione will not be charged for saidi mileage. Firm's discounted travel rate does nota apply General Legal Services. For performance of legal services contemplated byt the Agreement, excepting performance ofl legal services set described in Sections A,B, and D oft this Exhibit' "A", Client agrees toj pay at the! Firmi inj pursuant to thet terms of the Agreement and in accordance witht the Schedule of Fees listed below, which may hourly rate of $300 per hour. tol litigation services provided to Client. be adjusted in as set forth in Section 6.EL below. Shareholders and OfCounsel Associates $325 per hour $260 per hour $160j per hour Paralegals, Legal Interns, and) Legal Assistants D. Litigation and Employment) Legal Services. For legal services involving representation oft the Clienti in employment matters or civil litigation to which Client is aj party, Client agrees to pay: $375 per hour, as may be adjusted in accordance with Section 6.D E. Compensation. Adjustments. Commencing. July 1,2025, and every fiscal year thereafter, Firmi may adjust! by the greater of either ther relevant local Consumer! Price Index ("CPI") increase ort the prior twelve (12) months period, rounded to ther nearest dollar, ort ten ($10.00) dollars per hour ("Cost ofLiving Adjustment"). Further, the relevant local CPIs shall be set by the CPI for all urban consumers ini the San Faesco0atme-lsyward areas as published byt thel United States Government Bureau ofLabor Statistics. Anyi increase tol Firm'sb billing rates in excess ofthe foregoing shall require approval by Client. Firm reserves thei rightt to waive and/or delay implementation of any rate adjustment established pursuant to thei terms oft this below. Agreement. PagcI 1847915-1 CITYOFIONE IONE, CA 956411 Agenda Item #K3 DATE: TO: FROM: January 7,2 2024 THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL George Lee SUBJECT: Recordation of Closed Session Meetings RECOMMENDED ACTION: Approve action FISCAL IMPACT: 0 BACKGROUND: Because of previous miscommunications Mayor Rhoades has requested that all future closed sessions are recorded. This will ensure proper documentation of various issues and no further misinterpretations and miscommunications. DISCUSSION: ATTACHMENTS: CITYOFIONE IONE, CA 95640 Agenda Item #K6 DATE: TO: FROM: JANUARY 3,2025 THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ANDREA BONHAM, MANAGEMENT ANALYST SUBJECT: PURCHASING AND BIDDING POLICY RECOMMENDED ACTION: FISCAL IMPACT: $0.00 BACKGROUND: Staff recommends that the council review and provide direction to staff. Staffh has been directed by the Mayor to review and update amounts and policy for the City of Ione purchasing and bidding policy. ATTACHMENTS: A. Ordinance 2.44- Purchasing and Bidding Policy CITY OF IONE Chapter 2.44-1 PURCHASING AND BIDDING POLICY 2.44.010 -] Established. The City of Ione hereby establishes aj purchasing and' bidding policy under the direction ofthe City Manager and Finance Office Director. 2.44.020 -1 Intent. The Purchase and Bidding policy provides a fair and equitable process for all interested and qualified vendors in providing al bid to the City. The City will make an award in a manner consistent with the City Purchase and Bidding Policy. Any exceptions to this Policy must be approved by the City Council. The City Council may, by majority vote and in accordance with its fiduciary responsibilities, approve expenditures of any amount, for any length oft term, not otherwise inconsistent with any applicable law. 2.44.030, 2.44.040 - Reserved. 2.44.050 - Duties. The duties ofthe City Manager and lor Finance Office Director, or their designee, shall be to A. As are required and requested by the various departments and activities oft the city which are usual, normal and necessary for the achievement of the end objective ofs said departments and are within and contemplated by the regularly adopted budget oft the B. As requested by various departments and as specifically authorized by the city council, whether included within or without the then valid budget for said city. make and provide all purchases ofn materials and services for the city: city for said department or departments; and 2.44.060 - Rules, Regulations and Definitions. The city purchasing department will set up and submit to the city council, fori its approval, and within 60 days after the appointment by the city council of the purchasing agent, proposed rules and regulations with respect to the policy of purchasing, the manner of purchasing and the coordination of such purchases with budgetary provisions and limitations, and, when such rules and regulations have been adopted by the city council, then, and continuing from the date of said adoption until otherwise modified, such rules and regulations shall afford direction to the city purchasing department and to the city purchasing agent in the exercise of the duties, responsibilities and authority granted by this chapter. Definitions: "City Manager" means the appointed City! Manager or a designee authorized to act on behalf oft the City Department Director" means the city employee or consultant authorized to act as the head ofac city department or authorized designee acting on behalf oft the director, regardless of title. Manager. 2.44.070 - Chapter not to affect state law. No provision in this chapter abrogates or alters the basic legal requirements for competitive bidding for materials and services where otherwise required by state law. 2.44.080 - Local preference program. A. Definition. "Local business" means a vendor, contractor, or consultant who has paid its local business tax to the City ofl Ione at least 24 months prior to bid or proposal opening date; does business in the City of Ione by providing goods, services, or construction; and maintains a physical business address located within the 95640 ZIP Code and performs business within such geographical limit on a day-to-day basis. Post office boxes shall not be used for the purpose of establishing said physical address. However, should there be a lack of bids by a local business, preference will be next given to bidders within Amador County and then to all B. Local Preference in Purchasing. In bidding for, or letting contracts for procurement of, supplies, materials, and equipment, as described in the purchasing policies oft the city, the city council, or other authorized purchasing authority, may give a preference to local businesses ini making such purchase or awarding contracts in an amount not to exceed five percent oft the The total bid price shall include not only the base bid price, but also all alterations to the base bid price resulting from alternatives which were both part of the bid and actually purchased C. Local Preference for Services. In awarding contracts for services, including consultant services, preference to local businesses shall be given whenever practicable, and, the contractor or consultant will also, to the extent legally permitted, solicit applications for employment and proposals for subcontractors and sub-consultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified others in that order. local business' total bid price. ora awarded by the city council or other appropriate authority. local residents and firms whenever feasible. D. Local Preference in Public Works Contracts Sub-Contracting). 1. A contractor shall use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose 2. A "good faith" effort, includes but is not limited to, the following or similar actions to recruit and maintain a work force that resides within the 95640 ZIP Code. a. Contact local recruitment sources to identify qualified individuals. work force resides within the 95640 ZIP Code. b. Advertise in local trade papers and local newspapers of general circulation in the 95640 ZIP Code area. C. If portions of the work are performed by subcontractors, identify qualified subcontractors whose workforce includes persons living within the 95640 ZIP Code or demonstrate that no local subcontractors are qualified to perform the work or d. Develop a written plan to recruit a work force within the 95640 ZIP Code. e. Establish a goal for local hiring that is based upon the types of skills needed to 3. Any notice inviting bids that may require the use of subcontractors shall include 4. Every bidder must complete and sign under penalty of perjury a certification of good- faith effort to hire a work force that resides within the 95640: ZIP Code or within Amador County if not within the City of Ione, on the form provided in the City of Ione's bid package, and submit said certification with the sealed bid no later than the date and time ofthe bid opening. Bidder shall attach tot the Certificate documentary evidence supporting bidder's promise to meet or make a good-faith effort to meet the local hiring goal. The purchasing agent, as defined in Section 2.44.030, may reject as non-responsive the bid of any contractor proposing to use subcontractors that fails to comply with the requirements 5. Ift the city finds that a contractor to whom a city contract for public works has been awarded, or a subcontractor listed by contractor on a public works project, has failed to comply with the good-faith requirement during the performance of the contract, the city may disqualify the contractor and/or subcontractors for bidding or being listed in any bid on any city contract for public works for a period of one year from the date of the city's disqualification. The city clerk shall keep a current list ofa all disqualified contractors and supply the materials or equipment. complete the project with the city. notification oft this section. ofthis subsection. subcontractors on file. E. Exceptions to Local Business Preference Policy. The preference set forth in this Section shall not apply to the following purchases or contracts: 1. Goods or services provided under a cooperative purchasing agreement. 2. Purchases or contracts which are funded in whole or in part by a governmental entity, other than the city, and the laws, regulations, or policies governing such funding prohibit 3. Purchases made or contracts let under emergency or noncompetitive situations. 4. Application of thel local business preference to aj particular purchase, contract, or category of contracts for which the city council is the awarding authority may be waived at the city application oft that preference. council's discretion. 2.44.090 - Small business preference. A. In the bidding of a construction contract, procurement of goods, or delivery of services, the purchasing agent shall give a preference to a small business in an amount not to exceed five percent ofthe small business total price. The total bid price shall include not only the base bid price, but also all alterations to the base bid price resulting from alternatives which were both part of the bid and actually purchased or awarded by the city council or other appropriate authority. This preference shall not be in addition to any preference granted under Section B. As used in this section, "Small Business" means a business entity that has for at least the 24 months prior to submittal ofi its bid (i) held a current business license issued by the city and (ii)maintains its principal business office within the 956402 ZIP Code, and that either employs fewer than 100 employees or has average annual gross receipts of$10,000,000.00: or less over C. No preference shall be given pursuant to this section where legal constraints on the 2.44.080(B). the previous three years. expenditure off funds prohibit the giving ofs such contract. 2.44.100 - Verification of preference eligibility. A. Any vendor or consultant claiming to be a local business or small business shall SO certify in the bid in writing. The purchasing agent shall not be required to verify the accuracy of any such certifications, and shall have the discretion to determine ifa vendor or consultant meets the definition of "local business" or "small business." The decision of the purchasing agent declaring that any person or business is not a local business or small business shall be subject to appeal. B. Enforcement. 1. The information furnished by each bidder requesting a local business or small business 2. No person or business shall knowingly and with intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a local business or small business for the 3. Noj person or business shall willfully and] knowingly make ai false statement with thei intent to defraud, whether by affidavit, report, or other representation, to a city official or employee for the purpose ofi influencing the certification or denial of certification of any 4. A business which has obtained city certification as a local business or a small business by reason of having furnished incorrect supporting information or by reason of having withheld information, and which knew or should have known the information furnished was incorrect or thei information withheld was relevant toi its request for certification, and which by reason of such certification has been awarded a contract to which it would not preference shall be under penalty of perjury. purpose oft this chapter. entity as a local business or small business. otherwise have been entitled, shall: Page 4 of24 a. Pay to the city any difference between the contract amount and what the city's costs b. Be subject to debarment from future award ofcontracts from the city at the discretion would have been ift the contract had been properly awarded; oft the city. 2.44.110 - Quality and fitness. The preferences established in this section shall in no way be construed to inhibit, limit or restrict the right and obligation oft the city council and the purchasing agent to compare quality and fitness for use of supplies, materials, equipment, and services proposed for purchase and to compare the qualifications, character, responsibility, and fitness of all persons, firms, or corporations submitting bids or proposals. In addition, the preferences established in this section shall in no way be construed to prohibit the right of the city council or the purchasing agent from giving any other preference permitted by law or this chapter. 2.44.120 - Pre-qualification of bidders for public works projects. A. The city manager may designate public works projects or parts thereofthat require specialized skills or cost in excess of $2,000,000.00 to be subject to prequalification ofbidders. B. To become a prequalified bidder, a contractor must submit to the city a prequalification application consisting of a standardized questionnaire, financial statement, and statement of experience. The forms for the questionnaire, financial statement, and statement of experience . The questionnaires and financial statements submitted by prospective contractors are not public records and are not subject to public inspection. Records of the names of contractors applying for prequalification status are public records and subject to disclosure. Documents submitted by aj prospective contractor will be submitted under penalty of perjury. D. The city will rate prospective contractors in accordance with the rating system attached as Exhibit "A" ("rating system"). The city will devise the questions, process and scoring of the rating system, sO as to best evaluate a contractor's ability to successfully complete aj particular project. The city will complete the rating system prior to closing oft the period for submission of pre-qualification packages for any given project or pre-qualification process. The rating system will be applied uniformly and objectively to all prospective contractors, which have The city may determine that only a certain number of the top scoring rated contractors shall be considered prequalified fora specific project. This determination shall be made prior to issuing the E. When the city uses this pre-qualification process, the only contractors eligible to submit a bid are prequalified contractors. Further, such contractors shall submit bids only naming a prequalified subcontractor, ift the city also pre-qualifies subcontractors in a similar manner as prime contractors. Any bidi received listing an unqualified subcontractor will automatically be disqualified as nonresponsive. No bid shall be accepted for the project from unqualified will be provided as part ofthe prequalification bidding packet. submitted properly completed documents in accordance with this policy. notice inviting pre-qualifications for the specific project. contractors. Page! 50 of24 F. Ac contractor's pre-qualification: status will immediately terminate if: (1)t the contractor fails to give the city written notice of changes in the information previously provided within ten days before a bid opening; (2) the contractor's license is suspended or terminated by the California State Licensing Board; (3) the contractor is convicted ofa any crime ofmoral turpitude; (4) the contractor's application contains materially false information; or (5) the contractor's control over aj public works contract, whether within the city'sjurisdiction or otherwise, is terminated The city shall give written notice to each contractor of the pre-qualification determination for that contractor. A contractor may appeal a rating of "not qualified," including a decision to revoke a previous qualified rating. There is no appeal from a finding that a contractor is not pre-qualified because ofai failure to submit required information, because off failure to submit required information in at timely manner, because oft the omission of requested information or because ofthei falsification ofinformation. Without at timely appeal, the contractor waives any and all rights to challenge the decision oft the City of] Ione, whether by administrative process, for cause. judicial process, or any other legal process or proceeding. H. Ac contractor may appeal the decision as follows: 1. By giving written notice of appeal to the city manager no later than ten days afterreceipt oft the not qualified rating. 2. The notice of appeal shall contain at least the following: a. The name, address and telephone number oft the person making the appeal; b. A description oft the determination which is the subject of the appeal, and the date of the notice of determination; and A briefdescription of the grounds for the appeal. . The city will provide the contractor with a written statement oft the basis for the not qualified determination and supporting evidence received from others or adduced as a result of J. The informal hearing is to be concluded no later than five (5) business days after the City of Ione's receipt of the notice of appeal, and no later than five business days prior to the last date for the receipt of bids on the project. Iti is the intention of the City of Ione that the date for the submission and opening of bids will not be delayed or postponed to allow for completion of K. The city manager or designee shall hear the appeal. The hearing shall be an informal one. The contractor may rebut evidence which is the basis for the determination and present evidence L. The city manager or designee may affirm the earlier determination or reverse the determination and assign a different rating. This decision will be in writing containing a summary of the facts that led to the decision. The decision of the city manager is final. A M. The city manager may cancel the pre-qualification process at any time during the prequalification process, even after receiving and scoring applications. Ifthe pre-qualification process is cancelled, the normal competitive bidding rules will apply. The city assumes no investigation. an appeal process. why the contractor is qualified. contractor shall have no right to appeal that decision to the council. Page 6of24 liability for the cost aj prospective contractor may have incurred by submitting an application for pre-qualification, and the submittal of a pre-qualitication application is a waiver to claim any such cost or losses due to cançellation of the process. 2.44.130 - Administrative Guidelines 1. Vendor Limit. Combined purchase orders cannot exceed $100,000 per vendor, per fiscal year except in the case of major expenditures in which a vendor has participated in a public 2. Change. Orders or Amendments. A change order or amendment is a change in a contract term, other than as specifically provided for in the contract, that authorizes or necessitates any increase or decrease of the cost oft the contract or in the time of completion that can be authorized by the City Manager or Department Director. A valid request for a change order a. the change was not reasonably foreseeable at the time that the contract was signed; the change is authorized by the contract provisions and in the best interest of the formal bidding process. ora amendment must meet the following criteria: b. the change must be relevant to the original contract; and City. 3. Conflict of Interest. No employee, officer, Councilmember, or agent shall participate in the selection, award, or administration ofa contract if he or she has a real or apparent conflict of interest. Such a conflict ofinterest would arise when the employee, officer, Councilmember, agent, or any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, herein, has a financial or other interest in or a tangible personal benefit from ai firm considered for a contract. Nothing in this Policy does or is to be construed as limiting the applicability of any other federal, state, or local laws and regulations governing prohibitions against financial conflicts ofi interest, including but not limited to the Political Reform Act (Government Code Section 81000 et seq.) and implementing regulations from the Fair Political Practices Commission (Title 2, Section 18110etseq., ofthe California CodeofRegulations), and Government Code Sections 1090-1999 and 1126. All such laws and regulations shall apply to every employee, 4. Local Vendors. Purchasing goods and services from local vendors which stimulate the local 5. Green Purchasing Practices. The City is committed to Green Purchasing practices in obtaining goods and services. The City shall consider nviomemaly-preteape products when appropriate. Nothing in this policy requires the procurement of products that do not adequately perform their intended use, requires procurement that excludes adequate competition, or requires the procurement of products that are unavailable at a reasonable price or at a reasonable time. An emviommemaly-preferabie product means a product that officer, Councilmember, and agent oft the City. economy is encouraged but not required. meets any oft the following criteria: Page7of24 a. isd durable, repairable, reusable, or recyclable; b. has minimal packaging, toxic content, or chemical-hazard potential; . isr resource or energy efficient in any or all phases of its manufacture, use, or d. its use or disposal minimizes or eliminates the City's potential environmental disposal; or liability. 2.44.140.- Expenditure Categories Purchases, which include those made by purchase order (PO), written agreement, amendment or change order that require city expenditures, are classified into five categories based on the anticipated expenditure amount. Each category establishes an authorization level, procurement method, and maximum term, which shall apply unless specifically exempted in accordance with this Policy. A. Expenditures of $250 or less (petty cash) B. Expenditures of $251 to $20,000 (operational) E Expenditures of $20,001 to $50,000 (minor) D.E Expenditures of $50,001 to 100,000dmtermediate, E.E Expenditures over $100,000 A. EXPENDITURES OF $250 OR LESS (major) Authorization: Department Director, who may delegate to a department manager Procurement: No bids or PO: necessary; petty cash advances or reimbursement Note: These transactions take the place of ordinary ongoing purchases and. shall Term Limit: N/A be limited in use. Ac cash disbursement or reimbursement may be obtained from the Finance department and must not exceed $250. A petty cash request form shall be completed and signed by the department director before submittal. The form shall include the date, description oft the item to be purchased, and account number. Petty cash amounts will be advanced to accommodate miscellaneous minor expenditure amounts of $250 or less and for which normal payment provisions are not practical. The Finance department will periodically audit petty cash expenditures as to form and regulations and may confirm purchases. B. EXPENDITURES OF $251 to $20,000 DURING THE INITIAL TERMI Authorization: Department Director, who may delegate to a department manager" Procurement: Nol PO necessary; 3 informal bids/proposals whenever possible Term Limit: 3 years plus one. 3-year extension Forp purposes oft this Policy, the' "Initial Term": shall bee either ()at term undert the contract or POI nott toe exceed one year, or (ii) at term longer than one) year but not to exceed the maximum number ofy years authorized under a "Term Limit" (set forth below) as long as the contract includes a continuing obligation for performance bya a contracting party and the City has and obligation) for payment only fort thes services actuallyp performed and accounted for byi invoice or other monthly or regular periodic documentation acceptable to the City. Under any contract or PO, either the contracting, party or City may terminate the contractor PO prior tot thee expiration oft the Initial Termj for the other porty/snonpeformance. 2"Informal" bid/proposal means verbald orv written, viat telephone, e-mail or other casual medium. Page 8 of24 . EXPENDITURESOE $20,001 to $50,000 DURINGTHE INITIALT TERM Procurement: No PO necessary; 3 informal bids/proposals whenever possibles Authorization: Department Director plus city contract Term Limit: 3 years plus one 3-year extension D. EXPENDITURES OF $50,001 to $100,000 DURINGTHE INITIAL TERM Procurement: PO required plus 3 informal bids/proposals plus city contract* Authorization: City Manager Term Limit: 3 years plus one 3-year extension E. EXPENDITURES OVER $100,000 Authorization: City Council Procurement: PO required plus formal bids/proposals plus city contract Term Limit: no limit, any term approved by majority vote ofthe City Council F. REPORTTOCITY COUNCIL Any and all expenditures by Department Director or City Manager in excess of $5,000 shall be reported to the City Council at the next regular council meeting following said expenditure. Said report may be in the form of a list provided by the City Manager describing the purpose and the amount of the expenditure. 2.44.150-1 Procurement Procedures - Major Expenditures (over $100,000) A. FORMAL BIDS FOR MAJOR PUBLIC WORKS PROJECTS AND MAJOR SUPPLIES AND EQUIPMENT PURCHASES. Major public works projects and supplies and equipment are defined as purchases and projects having an actual or estimated value of greater than one hundred thousand dollars ($100,000). The solicitation and selection of bids and award ofcontracts shall comply with the Ione Municipal Code (public works contracts), and this Policy, and shall be administered through each City Department, according to the following procedures: 1. Invitation for bids. An invitation for bids (the "invitation") shall be published at least two times in a newspaper, electronic bulletin board or online submission source, City website, or other generally-recognized source of local public works contract information, at least ten days and at least five days prior to the date of the opening of bids. Invitations shall include general descriptions of the work to be performed, the time and place of the opening ofbids, the place where bidders may obtain bid documents, the amount ofbid security required, and the amount and nature of! performance and labor materials security that willl be required. The city'st templates for contracts, agreements, amendments ando change orders shall beu used for category DandE EA purchases. The City! Manager may allow forr modifications oft these templates oru use ofother contracts, agreements, amendments and change orders, or may require used of city templates for category BC and Cpurchases whent the City Manager determines itis prudent due tot thel level ofr risk exposure tot thec city, ther needt to spell out a complexs scope ofv work, or any other reason s/he believes to bei in the best interest oft the city. To meet prevailing wage requirements any maintenance or repair projecto over $20,000 or construction, project over $50,000 will require a written contract. Designee must have signature authorization) form onf file with the Finance department, or active designation letter foras specific date range. Page 9 of24 2. Form of bids. Bids conforming to the requirements of the invitation shall be submitted to the Department Director (the "Director") in sealed packages or by other means which will prevent the divulging of bids prior to the stated time for opening of bids, all as specified in the invitation or the bid documents. Unopened bids should be clearly marked or otherwise 3. Bids security for public works projects. Bids forj public works projects shall be accompanied by cash, cashier's check, certified check, surety bond, or other form of security stated in the invitation or bid documents, in a sum equal to at least ten percent (10%) of the amount oft the 4. Opening of bids. At the time and place stated in the invitation, the bids shall be publicly opened and announced. The bid amounts shall be tabulated and the tabulation shall be available for public inspection at the Public Works Department during regular business hours for aj period ofnot less than thirty (30) calendar days after the bid opening. 5. Review of bids. The Director shall review all bids received for completeness, accuracy, responsiveness to the invitation and the bid documents, and the City's experience with or knowledge of the qualification and reliability of each bidder and shall prepare a recommendation to the City Council. Written amounts shall take precedence over associated numeric amounts. Mathematical errors, if found, shall be corrected and shall not disqualify ab bid. The corrected total shall be the bid amount considered in determining the lowest responsible bidder and shall be the contract amount awarded ift the bid is selected. 6. Award of contract. Contracts shall be awarded by the City Council to the lowest responsible bidder. Determination of the lowest responsible bidder shall be at the sole discretion of the City Council pursuant to findings and recommendations presented by the Director at thet time 7. Equal bids. If two or more equal low bids are received, the City Council may award the identifiable as bids for the project to which they apply. bid. oft the award of contract. contract to any one of the equal low bidders by the following: b. Reject all bids and re-solicit for bids; or a. Select one bid; or state laws; or City. Reject all bids and authorize negotiated agreement if consistent with federal and e. Take any other action that the City Council deems to serve the best interest oft the d. Select one bid, which is the most responsible bidder; or 8. No bids. When no bids are received from responsible firms, the City Council may 9. Rejection ofbids. The City Council may reject any or all bids presented and may then direct that the project be re-advertised, may authorize negotiation ofa contract with one or more accomplish the project in any manner it sees fit. Page 100 of24 responsible firms, or may resolve that the project can be performed more economically by 10. Execution ofc contract. The successful bidder shall execute the contract and furnish required performance security and labor and materials security when required pursuant to the bid 11. Forfeiture ofbid security for public works projects. Ifthe successful bidder fails to execute the contract and furnish security within the stated time, and said failure is not primarily due to actions or omissions of the City or to acts of god, the bidder shall forfeit the bid security provided. The City Council may then consider the bid oft the next lowest responsible bidder. 12. Release of bid security for public works projects. Bidders are entitled to the return oftheir bid security unless forfeited as provided herein. The City shall retain all bid security until a contract has been executed or until the City Council rejects all bids at which time all bid 13. Disposition offorfeited bid security for public works projects. The City shall retain forfeited bid security until a contract is awarded to another firm or the project is cancelled. The City shall retain an amount equal to the difference between the forfeiting firm's bid and the new contract amount, if any, and an additional amount equal to administrative and other costs incurred as al result oft the failure of the forfeiting bidder to enter into a contract and provide required security, and shall return any remaining amount of the bid security to the forfeiting 14. Performance security and labor and materials security for public works projects. The bidder tov whom the contract is awarded (the "successtul bidder") shall furnish pertormance security and labor and materials security in amounts specified in the Invitation orl Bid Documents. B. FORMAL PROPOSALS FOR MAJOR PROFESSIONAL AND TECHNICAL SERVICES. Major professional and technical services are defined as services having an actual ore estimated value of greater than one hundred thousand dollars ($100,000). The solicitation and selection of proposals and award of contracts shall comply with the Ione Municipal Code, and this Policy, and shall be administered through each City Department, according to the following 1. Maintenance and Repair Services. Services intended to preserve and/orrestore ap public cwork toa clean, safe, efficient, and/or continually usable condition. Maintenance and repair servicesi include, but are not limited to: carpentry, electrical, painting, plumbing, glazing, and other craftwork to preserve a facility in the condition for which it was intended; repairs, cleaning and other operations on machinery and other equipment permanently attached to a facility as fixtures; the mowing, pruning, and trimming of lawns, grass, trees, shrubs, bushes and hedges; and the regular removal or relocation of by-products or waste products accumulated at City facilities as the result of ongoing environmental processes. City forces, day labor, time and materials contract, or other method. document. security not forfeited shall be returned to the appropriate bidders. bidder. procedures: Page 11 of24 2. The City Manager shall approve the preparation and release of all Requests for Proposals 3. City staff shall determine, based on professional judgment, whether an RFP or an RFQ process best suits its needs and City staff, or a city-authorized consultant, shall prepare the 4. City staff, or a city-authorized consultant, or both shall prepare a list of suitable firms from 5. City staff shall issue the RFP/RFQ to suitable firms, and may also advertise for competitive 6. City staffs shall form a selection committee, which may include private consultants, to review the RFPS/RFQs received, and the selection committee may conduct interviews and/or hold 7. The selection committee shall rank the proposing firms according to the criteria specified in the RFP/RFQ and City staff shall notify firms oft their position in the ranking. 8. City staff, or a city-authorized consultant, shall negotiate with the top-ranked firm to arrive 9. City staff, or its authorized consultant shall terminate negotiations and begin negotiations with the next-ranked firm if an agreement cannot be reached and continue this process until negotiations are successfully concluded or until the list of qualified firms submitting (RFP) and Requests for Qualifications (RFQ). RFP/RFQ document. known registries, professional organizations, and/or any other source. proposals. discussions with proposing firms. at mutualy-acceptable contract terms. proposals is exhausted and an agreement cannot be reached. 10. The City Council shall award or reject the contract negotiated by City staff. IV. PROCUREMENT PROCEDURES - NON-MAJOR EXPENDITURES ($100,000 & INFORMAL BIDS OR PROPOSALS - Intermediate, Minor, and Operational Expenditure category projects, including minor public works projects, supplies, goods, equipment and minor services are defined as projects having an actual or estimated value of one hundred thousand dollars ($100,000) or less. The solicitation and selection of bids and award of contracts shall comply with the Ione Municipal Code: for public works projects, service contracts, and this Policy, and shall be administered through each City Department, according to the following procedures: 1. Informal bids shall be obtained verbally or in writing as dictated by this Policy from the open market and a written record ofi informal bids shall be kept with the related PO. under) Page 12 of24 2. Bid security. Security and labor and material security shall conform to the requirements for major public works projects but may be modified or waived by the City staff person authorized to make the purchase ifwarranted and in the best interest ofthe City. 3. Execution and Award of Contracts. The City Council may award contracts, or the City Manager, or designated City Director, or staff personnel may award and execute contracts, set forth in Categories A, B,CorDofSection! II above, and may waive competitive bidding requirements if in the best interest of the City, provided there are unencumbered appropriations in the fund accounts against which the expenses are to be charged. V. EXEMPTIONTO ANY PROCUREMENT METHOD Justification for exemption to any required procurement method may be submitted to the City Manager or in the case of a major expenditure, to the City Council under the following a. Sole-source or select-source purchase. To determine that a sole-source or select-source purchase exists, rationale and/or proof must be provided int the purchase requisition. Acquisition of brand name to insure compatibility with other city products and equipment. For example, standardization of fleet inventory select-source). Change orders additions to an original scope ofwork when the original source is the only reasonable one to provide the additional goods, construction work or service Only one manufacturer or vendor makes and/or sells the required equipment (sole- circumstances: needed (select-source). source). b. State, County, or other public agency cooperative purchasingprogram: or contracts utilizing funding or other participation from agencies which require conformance with state, federal The City does not require a contract for equipment purchases such as a specific type or brand of supply or part necessary for acceptable operation of a machine or device, oras required by warranty or contract on the machine or device; written documentation d. Emergency purchases made necessary by an immediate threat to life or property or a or other contracting regulations. supporting aj purchase must be provided. substantial disruption ofa vital public service. Ina advance of any local emergency, the City seeks to retain a list of available local businesses willing toj provide necessary supplies, materials, equipment, services, food, care or shelter to the City through the Office of Emergency Management. Once the Emergency Operations Center (EOC) is activated, these memorandums will be Int the event of an emergency, the City Manager or designee may make immediate purchases of goods and services. Emergency purchases include any purchase required to prevent imminent danger or to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Every effort shall be made to obtain advance approvals or to obtain approvals as soon as possible following the purchase. activated. Page 13 of24 The City is not required to engage in either formal or informal competitive bidding in an emergency. The City Council delegates to the City Manager and City Manager's designee the authority to waive any procedures in the Policy that are not statutorily mandated when making emergency purchase of supplies, equipment, materials or The City Council shall ratify emergency suspension of procedures at the next properly noticed Council meeting following the emergency procurement and consider whether further suspension of procedures is required to abate the impacts oft the emergency. The awarding officer(s) may waive irregularities in formal or informal bids received provided that iti is in the best interest of the City to do sO, and it does not result in unfair The City Council may authorize the award and execution of contracts without competitive bidding provided that such award isi in the best interest oft the City, or of the public health, services. advantage to any bidder. safety and welfare. 2-4.160-FEDERALLY FUNDED PROCUREMENTS This section pertains to federal-funded projects and purchases. Any procurement made pursuant to a federal award or subject to reimbursement, in whole or in part, with federal funds must comply with the City's procurement procedures and all applicable Procurement Standards codified in 2CFR 200.318-200.326 to include the following: (a) Comply with general federal requirements and recommendations: a. Comply with currently applicable Department of Homeland Security b. Comply with the Solid Waste Disposal Act, 20 CFR section 200.322. Complete a cost or price analysis, including independent estimates, when d. Profit must be negotiated as a separate element of price, where required Use of federal excess and surplus property is encouraged over purchasing Geographical (local), preferences may not be used, unless expressly g. At time and materials contract or a "cost-plus" contract may not be used. h. - Intergovernmental agreements are encouraged where appropriate. Procurements are subject to requirements for monitoring and oversights, see Records must be maintained by each department consistent with 2 CFR Standard Terms and Conditions. necessary under 2 CFR 200.323. under 2 CFR 200.323(b). new. authorized by the awarding agency. 2CFR 200.318(b). 200.318(i). Page 140 of24 (b) Federal contractors must meet requirements of being responsible contractors (see CFR 200.318(h) and the City will take all necessary affirmative steps to assure minority businesses, women's businesses and labor surplus area firms are used when possible. (c) Consistent with 2 CFR section 200.320, the City will use one oft the following approved procurement methods: micro-purchases, small purchase procedures, sealed bids (formal advertising), competitive proposals, and noncompetitive proposals. (d)Contracts for federally-funded procurements must comply with2CFR section 200.326, by acknowledging that federal financial assistance will be used toi fund the contract, requiring that the contractor comply with all applicable federal law, regulations, executive orders and applicable federal policies; and specifying the Federal Government is not aj party to the contract. LGENERAL PROCUREMENT STANDARDS A. Code of Conduct. As representatives of the City of Ione, all employees are expected to conduct themselves in a professional and ethical manner, maintaining high standards of integrity and the use of good judgement. Employees are expected to be principled in their business interactions and act in good faith with individuals both inside and outside the City. The following Coded ofConduct: shall govern the performance, behavior and actions ofthe City, including employees, directors, appointed or elected officials, volunteers, or agents who are engaged in any aspect of procurement, including, but not limited to, purchasing goods and services, awarding contracts and grants, and the administration and supervision of contracts: 1.N No employee, director, appointed or elected official, volunteer, or agent of the City shall participate in the selection, award, or administration of contracts supported by a federal award 2. Conflicts ofinterest may arise when any employee, officer, or agent of the City, any member ofhis or her immediate family, his or her partner, or an organization which employs ori is about to employ any of the parties indicated herein, has a real or apparent financial or other interest 3. No employee, director, appointed or elected official, volunteer, or agent of the City shall do business with, award contracts to, or show favoritism toward a member ofhis or heri immediate family, spouse's family, or to any company, vendor, contractor, or parties to subcontractors who either employ or has any relationship to a family member; or award a contract or bid which violates the spirit or intent of federal, state and local procurement laws and policies established to maximize free and open competition among qualified vendors. 4. The City's employees, directors, appointed or elected officials, volunteers, or agents shall neither solicit nor accept gratuities, favors, gifts, consulting fees, trips, or anything having a monetary value in excess of twenty-five dollars ($25.00) from a vendor, potential vendor, 5. Disciplinary measures for violations of the Code of Conduct by employees, directors, appointed or elected officials, volunteers, or agents who are engaged in any aspect of procurement, including, but not limited to, purchasing goods and services, awarding contracts ifaconflict ofi interest is real or apparent to a reasonable person. in or a tangible personal benefit form a firm considered for the contract. family or employees of a vendor, contractor or parties to subcontractors. Page 150 of24 and grants, and the administration and supervision of contracts could lead to disciplinary measures, up to and including possible termination of employment. B. Solicitation Procedures 1. Acquisition of unnecessary or duplicative items must be avoided. Consideration should be given to consolidating or dividing procurements to obtain a more economical purchase. When appropriate, an analysis will be made of lease versus purchase alternatives, and any other 2. To foster greater economy and efficiency, and in accordance with efforts to promote cost- effective use of shared services, the City shall enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common 3. Procuring federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs shall be utilized. 4. Value engineering clauses may be used in contracts for construction projects ofs sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided 5. Contracts shall only be awarded to responsible contractors possessing the ability to perform successfully under the terms and conditions ofa proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past 6. Records will be maintained sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. The City Clerk will be the repository for said records and shall be maintained 7. Time and material type contracts (open-ended) may be used only after a determination that no other contract is suitable. Time and material type contract means a contract where the cost to the City is the sum oft the actual cost ofmaterials and direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expense, and profit. Each time and material contract will set a ceiling price that the contractor exceeds at its own risk. A higher degree of oversight is required in order to obtain reasonable assurance that the contractor is using 6. The City alone will be responsible, in accordance with good administrative practice and sound business judgment, for the settlement ofall contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the City ofany contractual responsibilities under its contracts. The federal awarding agency will not substitute its judgment for that of the City appropriate analysis to determine the most economical approach. ors shared goods and services. at the overall lower cost. performance, and financial and technical resources. for period ofr no less than seven (7)years. efficient methods and effective cost controls. Page 16of24 unless the matter is primarily a federal concern. Violations of law will be referred to the local, state, or federal authority having proper. jurisdiction. .C Competition 1. All procurement transactions must be conducted in a manner providing full and open competition. In order to ensure objective contractor pertormance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, and invitations for bids or requests for proposals will be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include, but are not limited to: a. Placing unreasonable requirements on firms in order for them to qualify to do b. Requiring unnecessary experience and excessive bonding; Noncompetitive pricing practices between firms or between affiliated companies; d. Noncompetitive contracts to consultants that are on retainer contracts; Specifying only a brand name product instead of allowing an equal product to be offered and describing the performance or other relevant requirements of the business; Organizational conflicts ofinterest; procurement; and g. Any arbitrary action in the procurement process. 2. Procurements shall be conducted in a manner that prohibits the use of statutorily or administratively imposed state or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, 3. Alls solicitations will incorporate a clear and accurate description oft the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description mayi include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standard to which itn must conform ifit is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description oft the technical requirements, a brand name or equivalent description may be used as a means to define the performance or other relevant requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated. 4. Bids and proposals shall identify all the requirements which the offerors must fulfill and all given the nature and size of the project, to compete for the contract. other factors to be used in evaluation bids or proposals Page17of24 D. Methods ofProcurement. In addition to the City's purchasing policy approval limits, one of 1. Micro-purchase: Purchases where the aggregate dollar amount does not exceed $3,000, or the current limitation set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1, where 2. Small purchase: Purchases up to the Simplified Acquisition threshold, which is currently $150,000. Informal purchasing procedures are acceptable, but price or rate quotes must be 3. Sealed bid: Purchases over the Simplified. Acquisition threshold, which is currently $150,000. Under this purchase method, formal solicitation is required, and the fixed price (lump sum or unit price) is awarded to the responsible bidder who conformed to all material terms and is the lowest in price. This method is the preferred procurement method for construction contracts, a. Acomplete, adequate, and realistic specification or purchase description is available; b. Two or more responsible bidders are willing and able to compete effectively for the The procurement lends itself to a firm fixed price contract and the selection of the the following methods should be used: this threshold is periodically adjusted for inflation. obtained from an adequate number of sources. ift the following conditions apply: business, and, successful bidder can be made principally based on price. Ift this method is used, the following requirements shall apply: d. The invitation for bids will be publicly advertised and bids must be solicited from an adequate number of known suppliers, providing them sufficient response time prior to Theinvitation: for bids, which will include any specifications and pertinent attachments, must define the terms or services in order for the bidder to properly respond; f. All bids will be publicly opened at the time and place prescribed in the invitation for g. Af firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts will only be used in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are the date for opening the bids; bids; usually taken advantage of; and h. Any or all bids may be rejected ifthere is a sound documented reason. 4. Competitive proposals: Purchases over the Simplified Acquisition threshold, which is currently $150,000. This procurement method requires formal solicitation, fixed-price or cost- reimbursement contracts, and is used when sealed bids are not appropriate. The contract should be awarded to the responsible firm whose proposal is most advantageous to the program, with price being one of the various factors. Ifthis method is used, the following requirements apply: Page 18 of24 a. Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must b. - Proposals must be solicited from an adequate number of qualified sources; The methods for conducting technical evaluations oft thej proposals received and for selecting recipients may include, but not limited to: oral interviews, references, past performance, availability to perform work, and certifications as determined by d. Any response that takes exception to any mandatory items in this proposal process e. Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and, Competitive proposal procedures may be used for qualifications-based procurement of architecturalengneering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services, though A/E firms are aj potential source to perform the proposed effort. be considered to the maximum extent practical; project scope. may be rejected and not considered; 5. Noncompetitive proposals: Also known as sole-source procurement, this may be appropriate only when one or more ofthe following criteria are met: a. The item is available only from a single source; b. The public emergency for the requirement will not permit a delay resulting from The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-federal d.A After solicitation ofa a number of sources, competition is determined inadequate. competitive solicitation; entity; or E.Contract Cost and Price. A cost or price analysis shall be performed in connection with every procurement action in excess of the Simplified Acquisition threshold ($150,000) including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, independent estimates shall be made prior to receiving bids and proposals. Page 19 of24 1. Profit shall be negotiated as a separate element oft the price for each contract in which there isa no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity ofthe work to be performed, the risk borne by the contractor, the contractor's investment, the amount ofsubcontracting, the quality ofits record ofp past performance, andi industry profit rates int the surrounding geographical area for 2. Costs or prices based on estimated costs for contracts under the federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the City under Subpart E- Cost Principles of Part 200- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 3. The cost plus a percentage of cost and percentage of construction cost methods of contracting similar work. shall be used. F.I Federal Awarding Agency or Pass-Through Entity Review. 1. The City shall make available, upon request of the federal awarding agency or pass-through entity, technical specifications on proposed procurements where the federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, ift the City desires tol have the review accomplished aftera a solicitation has been developed, thel Federal awarding agency or pass- through entity may still review the specitications, with such review usually limited to the technical 2. The City will make available upon request, for the Federal awarding agency or pass-through entity pre-procurement review, procurement documents, such as requests for proposals or a. Procurement procedures or operations fails to comply with the procurement standards in b. The procurement is expected to exceed the Simplified Acquisition Threshold ($150,000) and is to be awarded without competition or only one bid or offer is received in response The procurement, which is expected to exceed the Simplified Acquisition Threshold, d. The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or e. Ap proposed contract modification changes the scope ofa contract or increases the contract 3. The City is exempt from the pre-procurement review inj paragraph 2 oft this section ifthe federal awarding agency or pass-through entity determines that its procurement systems comply with the aspects oft the proposed purchase. invitations for bids, ori independent cost estimates, when: this part; toas solicitation; specifies a "brand name" product; amount by more than the Simplified Acquisition Threshold. standards oft this part. Page 20 of24 4. The City may request that its procurement system be reviewed by the federal awarding agency or pass-through entity to determine whetheri its system meets these standards in order fori its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, 5. The City may self-certify its procurement system. Such self-certification must not limit the federal awarding agency's right to survey the system. Under a self-certification procedure, the federal awarding agency may rely on written assurances from the City that it is complying with these standards. The City must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. G.E Bonding Requirements. For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold ($150,000), the federal awarding or pass-through entity may accept the bonding policy and requirements of the City provided that the federal awarding agency or pass-through entity has made a determination that the federal interest is adequately protected. Ifsuch a determination has not been made, the minimum requirements must 1.A bid guarantee from each bidder equivalent to five percent (5%) of the bid price. The bid guarantee must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified; 2.A Aj performance bond on the part oft the contractor for 100 percent (100%) of the contract price. A performance bond is one executed in connection with a contract to secure fulfillment of all the 3.A A payment bond on the part oft the contractor for 100 percent (100%) of the contract price. A payment bond is one executed in connection with a contract to assure payment as required by law ofall persons supplying labor and material in the execution ofthe work provided fori in the contract. H. Contract Provisions. All federal funding source compliance provisions shall include the 1.1 Equal Employment Opportunity- All contracts, when funded in whole or partly by monies derived from the federal government (either directly or indirectly), shall contain a provision 2. Davis-Bacon Act- Applies to construction contracts in excess of $2,000. It requires contracts to pay laborers and mechanics wages not less than the prevailing wage as determined by the Secretary of Labor and must be required to pay wages not less than once a week. Each bid solicitation published by the City must contain the current prevailing wage determination. Any award of the contract must be conditioned on contractor's: acceptance ofthat wage determination and suspected or reported violations oft this act shall be immediately reported to the Federal awarding agency. and third-party contracts are awarded on a regular basis; be as follows: contractor's obligations under such contract; and, following: requiring compliance with Equal Employment Opportunity. Page 21 of24 3. Copeland "Anti-Kickback" Act- Applies to construction contracts in excess of $2,000. It prohibits kickbacks in construction contracts funded with Federal monies. Contractors and subcontractors or subrecipients shall be prohibited from inducing any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled and suspected or reported violations shall be immediately 4. Clean Air Act & Federal Water Pollution Control Act- Applies to contracts and sub grants in excess of $150,000. Contractor shall be required to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. Suspected or reported violations must be reported to thel Federal awarding agency and the Regional 5.D Debarment and Suspension- Contracts funded with federal grant monies may not be awarded to contractors that have been debarred or suspended from receiving federal monies pursuant to the 6.B Byrd Anti-Lobbying Amendment- Contractors that apply or bid for an award of $100,000 must certify that they will not and have not used federal funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee ofCongress, or an employee ofar memberofCongress: in connection LC Contracting with small and minority business, women's business enterprises, and labor All necessary affirmative steps will be taken to assure that minority business, women' s business enterprises, and labor surplus area firms are used when possible. Affirmative steps include: 1. Placing qualified small and minority businesses and women's business enterprises on 2. Assuring that small and minority businesses and women's business enterprises are solicited 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business 4.1 Establishing delivery schedules, where the requirement permits, which encourage participation 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency ofthe Department of Commerce; reported to the Federal awarding agency. Office of the Environmental Protection Agency (EPA). System for Award Management (SAM). with obtaining any Federal contract, grant or any other award. surplus area firms. solicitation lists; whenever they are potential sources; enterprises; by small and minority businesses and women's business enterprises; and, Page 220 of24 6.1 Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed inj paragraphs (1)through (5) ofthis section. 2.44.170 - Emergency Expenditures Ina accordance with $20168 PCC, in the event of an emergency, the City Council may pass a resolution by a four-fifths vote ofi its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, or property. Upon adoption of the resolution, it may expend any sum required in the emergency without complying with $20162 et sec PCC. Ifnotice for bids to let contracts will not be given, the City Council shall comply with chapter 2.5 (commencing with $22050 PCC.) 2.44.180 - Gifts and Unauthorized Purchases City employees, officers or officials are not entitled to any special consideration from vendors and merchants in their personal affairs nor are such city employees, officers, or officials to attempt to procure materials for the personal use ofa any other person. City employees, officers or officials shall not solicit or accept gifts except for those items that can be shared by all staff such as food and flowers. Except for emergencies or other authorized exemption, no purchases shall be made without specific authorization as outlined int this policy. The person ordering the unauthorized purchase may be held personally liable for the costs of the purchase or contract. Effective Date This ordinance shall be effective 30 days following its adoption by the City Council oft the City ofIone. A summary oft this ordinance shall, within fifteen (15) days after passage, be published ina accordance with Section 36933 of the Government Code oft the State of California, with the INTRODUCED at a regular meeting of the City Council oft the City of Ione on the names oft the City Council members voting for and against it. day of 2025; and PASSED AND ADOPTED this day of 2025 by the following vote: AYES: NOES: Councilmembers: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Page 23 of24 STACY RHOADES, MAYOR CITY OF IONE ATTEST: Janice Traverso, City Clerk APPROVED AS' TOF FORM: Josh Varinsky, City Attorney Page 24 of24