AVALON CITY COUNCIL MEETING
TUESDAY, AUGUST 18, 2026 – 5:00 PM
410 AVALON CANYON ROAD, AVALON, CA 90704
A G E N D A
The public may attend the meeting in person or via zoom by logging into the following:
Zoom Meeting Link:
https://us06web.zoom.us/j/89942283190?pwd=7NSKQye3iMyAF5O21LK3LZ8sQtU8H5.1 Meeting ID: 838 1658 3767
Passcode: 515599
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CALL TO ORDER / PLEDGE OF ALLEGIANCE / INVOCATION / ROLL CALL
ANNOUNCEMENTS / WRITTEN COMMUNICATIONS
DEPARTMENT HEAD REPORTS
CITY MANAGER REPORT / CITY ATTORNEY REPORT
COUNCILMEMBER REPORTS / REQUESTS / MAYOR REPORT
ORAL COMMUNICATION
Members of the public may address the City Council at this time. No action will be taken on non-agenda items at this meeting. Speakers should limit comments to two (2) minutes each.
CONSENT CALENDAR
1. Actions
Although the live recording is the official record of public meetings, minutes are prepared for the Council’s approval.
Recommended Action
Approve minutes from the July 28, 2026 and August 4, 206 regular City Council Meetings.
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office (310) 510-0220. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-35.104 ADA Title II). All public records relating to an agenda item on this agenda are available for the public inspection at the time the records are distributed to all, or a majority of all, members of the City Council. Such records shall be available at City Hall located at 410 Avalon Canyon Rd. Additionally, space for interpreters will be provided at City Hall
CITY COUNCIL/HOUSING AUTHORITY AGENDA
AUGUST 18, 2026
PAGE2
2. Amended City Council Minutes
Minutes for the June 16, 2026 regular City Council Meeting were approved by the City Council on July 7, 2026. However, upon review and execution of adopted resolutions, City Staff noted adoption of a resolution of the City Council of the City of Avalon approving participation in the Los Angeles Urban County Program.
Recommended Action
Approve amended minutes from the June 16, 2026 regular City Council Meeting
3. Warrants
Expenditures Submitted for Approval:
• US Bank General Account Warrants totaling $694, 116.88. • One payroll totaling $291 ,644.19.
• One electronic fund transfer totaling $9,325.00.
Recommended Action
Approve the disbursements for July 27, 2026 through August 7, 2026 totaling $995,086.17.
4. Fiscal Year 2025-2026 Fourth Quarter Treasurer's Report State and Municipal Codes require the Treasurer to submit within 30 days following each fiscal quarter a report summarizing the City's cash and investment balances.
Recommended Action
Adopt the resolution accepting the FY25-26 Fourth Quarter Treasurer's Report.
5. Declare Excess/Old Equipment as Surplus
Historically, the City Council is presented with a list of items that are surplus, the Council declares it surplus, and then the declared items are either sold via Public Surplus, given to charity, or disposed of properly. Staff has compiled a list of equipment that the City no longer uses and is insufficient for the current needs.
Recommended Action
Adopt a resolution declaring equipment listed in the resolution as surplus property and authorize the City Manager to dispose of it in accordance with City policy.
6. Resolution Authorizing the City Manager to Execute and File State Documents for the Pebbly Beach Road Revetment Project
The City received a $2 million earmark to support the Pebbly Beach Road Revetment Project. The funding is managed by the Department of Transportation. To comply with funding regulations , the City must adopt a resolution delegating authority to a City representative to execute documents.
Recommended Action
1 . Adopt a resolution delegating the City Manager the authority to execute and file documents for the Pebbly Beach Road Revetment Project on the behalf of the City of Avalon . 2. Authorize the City Manager to execute the Master Agreement Administering Agency-State Agreement for Federal-Aid Projects and Program Supplement Agreement
CITY COUNCIL/HOUSING AUTHORITY AGENDA
AUGUST 18, 2026
PAGE3
for the Pebbly Beach Road Revetment Project (Cl P Project #180008 - Ca IT rans Project CPFL-5219(010)).
GENERAL BUSINESS
7. 8.
Cabrillo Mole Rehabilitation Phase II Pre-Construction Stage 0 - Temporary Facility Site Preparation and Utility Installation Construction Change Order #1 In July, Southern California Edison provided their energy requirements to serve the new Cabrillo Mole facility. After review of the plan, Jordahl Construction, Inc. submitted a request for a construction change order for $102,835. Staff evaluated the proposal and concluded that the price is reasonable. Furthermore, it was concluded that a competitive bid process would not only delay completion of the work, it would result in potential high costs due to the addition of mobilization costs.
Recommended Action
1. Make the affirmative finding, pursuant to Avalon Municipal Code Section 3-4.111 (c), that a competitive market does not exist and the city will not gain a competitive advantage by competitively bidding this work. 2. Authorize the City Manager to execute the first amendment to the construction contract between Jordahl Construction, Inc. for the Cabrillo Mole Rehabilitation Phase II Pre-Construction Stage 0 - Temporary Facility Site Preparation and Utility Installation Project for a not-to-exceed sum of $110,000 for a total contract price of $1 ,360,000.
Slater Waterproofing , Inc. WWTP Grit Chamber Contract Construction Change Order As Slater Waterproofing , Inc. crews and City staff have been performing emergency repairs at the City's waste water treatment plant, they've noticed the need for repairs to the digester deck walkway. The work to be performed includes repairs to spalled concrete along the digester deck.
Recommended Action
1. Make the affirmative finding , pursuant to Avalon Municipal Code Section 3-4.111 (c), that a competitive market does not exist and the city will not gain a competitive advantage by competitively bidding this work. 2. Authorize the City Manager to execute the first amendment to the short-form construction contract with Slater Waterproofing, Inc. increasing the contract sum by $89,000 for a not-to-exceed total sum of $214,000.
ADJOURN
NOTICE OF POSTING
I, Devin Elise Hart, declare that the City Council Agenda for Tuesday, August 18, 2026 was posted on Friday, August 14, 2026 on the City's website, www.cityofavalon.gov/agendacenter, and at City Hall, 410 Avalon Canyon Road.
Devin Elise Hart, Senior Management Analyst
CITY OF AVALON CITY COUNCIL
MEETING DATE: August 18, 2026
City Clerk
AGENDA ITEM: ---- 1
ORIGINATING DEP: CITY MANAGER: ~\Jv\V\,
PREPARED BY:
SUBJECT:
Gabrielle Morones, City Clerk
City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the July 28, 2026 and August 4, 206 regular City Council Meetings.
REPORT SUMMARY: Although the live recording is the official record of public meetings, minutes are prepared for the Council's approval.
FISCAL IMPACTS: N/A.
GOAL ALIGNMENT: Not Aligned .
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.
FOLLOW UP ACTION: File minutes in the City Clerk's office.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
- July 28, 2026 regular City Council Meeting Minutes.
- August 4, 2026 regular City Council Meeting Minutes.
CALL TO ORDER-5:00 p.m.
AVALON CITY COUNCIL MEETING
TUESDAY, JULY 28, 2026
MINUTES
ROLL CALL- Present: Mayor Pro Tern Michael Ponce, Councilmembers Yesenia De La Rosa, Lisa Lavelle, Donna Lopez. Also present: City Manager David Maistros, City Clerk Gabrielle Morones, and City Attorney Scott Shapses. Absent: Mayor Anni Marshall and City Attorney Scott Campbell.
BREAK-5:30 p.m.-5:34 p.m. The meeting recessed to allow for the microphones on the dais to be rebooted .
PRESENTATIONS-Presentation #1 was pulled and rescheduled for a later date.
1. SCE Southern California Edison Government Relations Manager Rashina Young will provide a PSPS/Wildfire update. (5 minutes)
2. A representative of Catalina Island Health provided an update regarding the organization.
CONSENT CALENDAR- Councilmember Ponce requested that Item #1 be pulled from the Consent Calendar and considered separately for individual consideration and action.
Motion to approve Items #2-#4 made by Lisa Lavelle, seconded by Yesenia De La Rosa. (4 Ayes-De La Rosa, Lavelle, Lopez and Ponce; 1 Absent-Marshall) PULLED ITEM-The minutes for the June 25, 2026 Special City Council Meeting was pulled from consideration because there was not a sufficient number of Council Members eligible to vote to achieve the required majority. The item was continued to a future City Council meeting.
No action was taken.
1. Actions
Approved minutes from the June 16, 2026 regular City Council Meeting.
Motion to approve made by Lisa Lavelle, seconded by Michael Ponce. (3 Ayes- De La Rosa , Lavelle and Ponce; 1 Absent-Marshall; 1 Abstention-Lopez) Approved minutes from the July 7, 2026 regular City Council Meeting.
Motion to approve made by Lisa Lavelle, seconded by Michael Ponce. (4 Ayes-De La Rosa, Lavelle, Lopez and Ponce; 1 Absent-Marshall)
2. Warrants
Approved US Bank General Account Warrants totaling $1 ,418,833.53, Successor Agency (SA) US Bank Account Warrants totaling $153,350.00, one payroll totaling $312,169.00, one electronic fund transfer to CalPERS for the City's unfunded accrued pension liability totaling $1 ,349,372.00, two electronic fund transfers totaling $120,258.08 for a total disbursement of $3,200,632.61 for June 22, 2026 through July 10, 2026.
CITY COUNCIL MINUTES
JULY 28, 2026
PAGE2
3. League of California Cities Annual Voting Delegate
Adopted Resolution No. 26-29 of the City Council of the City of Avalon Appointing a Voting Delegate to the 2026 Annual League of California Cities Conference.
4. Waterside Project Change Conditions of Use- Catalina Jetski Rental Corp.
Made the affirmative findings as set forth in the Avalon Municipal Code § 10-2.416(a), and granted an amendment to the current Waterside Permit to Catalina Jetski Rental Corp. with conditions set forth by the Harbor Department.
PUBLIC HEARING
5. First Reading of an Ordinance enacting Section 3-3.422 "Short-Term Rental Facilitator Reporting" to the Municipal Code
Mayor Pro Tern Ponce opened the public hearing. No public comments were received, and the Mayor Pro Tern Ponce closed the public hearing . By motion, the City Council:
1. Found that the adoption of the proposed ordinance is statutorily exempt from review under the California Environmental Quality Act ("CEQA") under CEQA Guidelines sections 15378 and 15061.
2. Introduced and waived all further readings of the proposed ordinance enacting Section 3-3.422 "Short-Term Rental Facilitator Reporting" to the Avalon Municipal Code.
Motion to approve made by Lisa Lavelle, seconded by Yesenia De La Rosa. (4 Ayes-De La Rosa , Lavelle, Lopez and Ponce; 1 Absent-Marshall)
6. First Reading of an Ordinance Amending Chapter 9-5, Article 6 (Accessory Dwelling Units) of Title 9 of the Avalon Municipal Code, implementing housing program 14 as set forth in the 6th Cycle General Plan Housing Element and Finding the Action to be Statutorily Exempt from the California Environmental Quality Act Under Public Resources Code § 21080.17
Mayor Pro Tern Ponce opened the public hearing . No comments were received, and the Mayor Pro Tern closed the public hearing . By motion, the City Council:
1. Found that the adoption of the proposed ordinance is statutorily exempt from review under the California Environmental Quality Act (CEQA) under Public Resources Code § 21080.17.
2. Introduced and waived all further readings of the proposed ordinance amending Chapter 9-5 Residential Zones, Article 6 "Accessory Dwelling Units" of the Avalon Municipal Code.
Motion to approve made by Lisa Lavelle, seconded by Yesenia De La Rosa. (4 Ayes-De La Rosa, Lavelle, Lopez and Ponce; 1 Absent-Marshall)
CITY COUNCIL MINUTES
JULY 28, 2026
PAGE 3
GENERAL BUSINESS
7. 8.
9. Repair and Maintenance of City of Avalon Fire Engine 7
1. City Council amended the Fiscal Year 2025-26 Budget, adding an additional $75,000 to account #10245-6781 to support the rehabilitation of the City-owned Fire Engine 7.
2. Ratified prior action and authorized an additional expenditure of an amount not-toexceed $75,000 to Performance Truck Repair, a sole source vendor, for the rehabilitation of the City-owned Fire Engine 7 for a total repair of $96,192.72.
Motion to approve made by Lisa Lavelle, seconded by Yesenia De La Rosa. (4 Ayes-De La Rosa , Lavelle, Lopez and Ponce; 1 Absent-Marshall) Ovivo Screen Lease Extension
Authorized the City Manager, or his designee, to extend a lease agreement with Ovivo for a Micro Ozzy Cup Screen for an additional three-month period , for a not-to-exceed sum of $40,000.
Motion to approve made by Lisa Lavelle, seconded by Yesenia De La Rosa. (4 Ayes-De La Rosa, Lavelle, Lopez and Ponce; 1 Absent-Marshall) Award of Construction Contract- Wastewater Treatment Plant Lab Roof Modification and Casino Showers and Restrooms Roof Remediation
City Council authorized the City Manager or his designee to negotiate and execute a contract with Best Contracting Services, Inc. for the Wastewater Treatment Plant Lab Roof Modification of $145,000 and Casino Showers & Restrooms Roof Remediation of $125,000 for a total project contract amount not-to-exceed $270,000 as budgeted in the City's Fiscal Year 2026-2027 Capital Improvement Plan, Project No. 275004 and No. 277001. The following funding accounts will be used 11325-6552 (Saltwater Fund $58,000), 10825-6521 (Sewer Fund $87,000), and 10470-6679 (Harbor Fund $145,000).
Motion to approve made by Lisa Lavelle, seconded by Yesenia De La Rosa. (4 Ayes-De La Rosa , Lavelle, Lopez and Ponce; 1 Absent- Marshall) Mayor Pro Tern Ponce adjourned the meeting at 6:34 p.m.
I, Gabrielle Morones, City Clerk, do hereby certify that the digital recording of the regular City Council Meeting on July 28, 2026, is the official record of the Council Meeting and is on file and maintained in City Hall.
Gabrielle Morones, City Clerk
CALL TO ORDER-5:00 p.m.
AVALON CITY COUNCIL MEETING
TUESDAY, AUGUST 4, 2026
MINUTES
ROLL CALL Present: Mayor Anni Marshall, Councilmembers De La Rosa, Lisa Lavelle, Donna Lopez and Michael Ponce. Also present: City Manager David Maistros, City Clerk Gabrielle Morones, and City Attorney Scott Campbell.
ANNOUNCEMENTS / WRITTEN COMMUNICATIONS-City staff received one written correspondence regarding Item #8 Advance Payment of Measure C Funds to the Catalina Island Medical Center (CIMC). Copies were distributed to City council and is on file in the City Clerk's office.
CONSENT CALENDAR-There were four items on the Consent Calendar. Item #1 was pulled for a separate vote. Motion to approve Items #2-#4 made by Lisa Lavelle, seconded by Yesenia De La Rosa. (All Ayes)
2. Warrants
Approved a US Bank General Account Warrants totaling $1 ,361 ,385.18, one payroll totaling $321 ,262.72, four electronic fund transfer to CalPERS retirement payments totaling $198,277.48, one electronic fund transfer totaling $8,452.79 for a total disbursement of $1 ,889,378.17 for July 13, 2026 through July 24, 2026.
3. Resolution Approving the Title VI Plan Relating to Section 5309 Funds Adopted Resolution No. 26-30 of the City Council of the City of Avalon, California, Authorizing the Title VI Compliance Plan.
4. Ordinance Enacting Section 3-3.422 "Short-Term Rental Facilitator Reporting" to the Municipal Code
Adopted Ordinance No. 1231-26 of the City Council of the City of Avalon Enacting Section 3-3.422 "Short-Term Rental Facilitator Reporting" of the Avalon Municipal Code to Require Reporting in Accordance with SB 346; and Finding that the Action does not Qualify as a Project Subject to CEQA Under State CEQA Guidelines Section 15378 and is Otherwise Exempt from CEQA Under State CEQA Guidelines Section 15061 (8)(3).
PULLED ITEM
1. Actions
Approved minutes from the June 25, 2026 Special City Council Meeting.
Motion made by Lisa Lavelle, seconded by Yesenia De La Rosa (4 Ayes-De La Rosa, Lavelle, Marshall and Ponce; 1 Abstention-Lopez)
CITY COUNCIL MINUTES
AUGUST 4, 2026
PAGE2
GENERAL BUSINESS
5. Planning Commission Appointments
1. City Council discussed the applications that were received ; 2. Considered the recommendation of Mayor Ann H. Marshall; 3. Made an appointment for Robert Kennedy, Jessica Romero and Kathy Smith to serve as Planning Commissioner for four-year terms expiring June 30, 2030; and 4. Made an appointment for Susanna Gutierrez to serve as Alternate Planning Commissioner for a two-year term expiring June 30, 2028.
Motion to approve item made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes)
6. Civic Center Housing Project - Feasibility Analysis
1. City Council received the Civic Center Housing Project Financial Feasibility Analysis prepared by RSG; 2. Directed staff to not advance Phase 2 or Phase 3A; 3. Rejected all bids received for Phase 3B and Phase 3C; and 4. Directed staff to explore options to determine whether qualified nonprofit housing developers are interested in developing and operating the proposed housing project.
Motion to approve made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes)
7. ENGEO On-Call Engineering Services Contract Amendment Authorized the City Manager to execute the First Amendment to the professional services agreement with ENGEO, Inc. for on-call engineering , materials testing and inspection increasing the contract total for the initial 12-month period - May 1, 2026 to April 30, 2027 - by a total of $300,000 for a total not-to-exceed sum of $400,000.
Motion made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes)
8. Advance Payment of Measure C Funds to the Catalina Island Medical Center (CIMC)
1. Approved the Intergovernmental Transfer (IGT) Agreement with the Department of Health Care Services (DHCS), which obligates the City to make an IGT transfer in the amount of approximately $654,753.60 (including a DHCS Administrative Fee described below) and subject to reconciliation by DHCS for Catalina Island Medical Center's (CIMC) participation in the Voluntary Rate Range Intergovernmental Transfer Program , which CIMC believes will result in increased funding for CIMC. 2. Approved the transfer of approximately $654,753.60 to DHCS on or before November 20, 2026 in accordance with the IGT Agreement. 3. Approved an advance payment agreement with CIMC, whereby CIMC would allow the City to offset the amount of the IGT transfer of $654,753.60 plus City Attorneys' fees incurred in connection with the advance payment and certain administrative and lost opportunity fees, through Measure C funds, and , if necessary, any other available and permissible CIMC revenues over the course of eighteen months.
Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes)
CITY COUNCIL MINUTES
AUGUST 4, 2026
PAGE 3
Mayor Marshall adjourned the meeting at 6:09 p.m.
I, Gabrielle Morones, City Clerk, do hereby certify that the digital recording of the regular City Council Meeting on August 4, 2026, is the official record of the Council Meeting and is on file and maintained in City Hall.
Gabrielle Morones, City Clerk
CITY OF AVALON CITY COUNCIL
MEETING DATE: August 18, 2026
City Clerk
AGENDA ITEM: -~-2- -
ORIGINATING DEP:
PREPARED BY:
SUBJECT:
CITY MANAGER:
Gabrielle Morones, City Clerk
Amended City Council Minutes
\:)MU
RECOMMENDED ACTION(S): Approve amended minutes from the June 16, 2026 regular City Council Meeting.
REPORT SUMMARY: Although the live recording is the official record of public meetings, minutes are prepared for the Council's approval.
Minutes for the June 16, 2026 regular City Council Meeting were approved by the City Council on July 7, 2026. However, upon review and execution of adopted resolutions, City Staff noted adoption of a resolution of the City Council of the City of Avalon approving participation in the Los Angeles Urban County Program.
The minutes have been amended to memorialize adoption of Resolution No. 26-16A.
FISCAL IMPACTS: N/A.
GOAL ALIGNMENT: Not Aligned.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: NIA.
FOLLOW UP ACTION: File minutes in the City Clerk's office.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
- June 16, 2026 amended regular City Council Minutes.
AMENDED
AVALON CITY COUNCIL MEETING
TUESDAY, JUNE 16, 2026
MINUTES
CALL TO ORDER - 5:01 p.m.
ROLL CALL - Present: Mayor Anni Marshall, Councilmembers De La Rosa, Lisa Lavelle, Michael Ponce and Mary Schickling. Also present: City Manager David Maistros, City Attorney Scott Campbell and Senior Management Analyst Devin Hart. Absent: City Clerk Gabrielle Morones.
WRITTEN COMMUNICATIONS - City staff received three (3) written communications regarding Item #14. Adult-Use Cannabis Discussion. Copies were distributed to City Council and are on file in the City Clerk's office.
COUNCILMEMBER REQUESTS- Councilmember Lavelle requested that the following items be placed on a future agenda for discussion:
1. Potential penalties for residents who operate transportation services without the required transportation permit.
2. Establish an appropriate waiting period, if any, before an individual who has operated illegally without a transportation permit may be eligible to apply for and obtain a transportation permit.
CONSENT CALENDAR-There were eight items on the Consent Calendar. Motion to approve Items #1-#8 made by Lisa Lavelle, seconded by Mary Schickling. (All Ayes)
1. Actions
Approved minutes from the May 19, and June 2, 2026 regular City Council Meeting .
2. Warrants
Approved a US Bank General Account Warrants totaling $2,232,643.85, a US Bank LMI Housing Authority Warrants $146,477.31 , three payrolls totaling $821 ,522.61 , four electronic fund transfers totaling $425,707.52 for a total disbursement of $3,626,351 .29 for April 27, 2026 through May 29, 2026.
3. Gann Appropriations Limit for Fiscal Year 2026-2027
Adopted Resolution No. 26-18 of the City of Avalon Establishing an Appropriations Limit for Fiscal Year 2026/2027 Pursuant to Article XIII B of the California Constitution.
4. Resolution Adopting List of Projects for Annual SB1 Allocation Adopted Resolution No. 26-19 of the City of Avalon Adopting a List of Projects for Fiscal Year 2026-27 Funded by SB 1: The Road Repair and Accountability Act of 2017.
CITY COUNCIL MINUTES
JUNE 16, 2026
PAGE 2
5. Adopt an Ordinance Prohibiting Fireworks in the City of Avalon Adopted Ordinance No. 1230-26 An Ordinance of the City Council of the City of Avalon Prohibiting the Use, Possession, Sale, and Discharge of Fireworks within the City of Avalon .
6. Award Professional Audit Services Contract
Authorized the City Manager to execute a professional services agreement with Davis Farr LLP for professional auditing services for the fiscal year ending June 30, 2026, with the option of extending for the two (2) subsequent fiscal years.
7. Cooperation Agreement for Continued Participation in the Los Angeles Urban County Community Development Block Grant Program
1) Authorized the City Manager to execute the cooperation agreement with the Los Angeles County Development Authority for a three-year term beginning July 1, 2027 - June 30, 2030 and; 2) Adopted Resolution No. 26-19A of the City Council of the City of Avalon Approving Participation in The Los Angeles Urban County Program.
8. 2026 Conflict of Interest Code-Biennial Notice
Directed the City Clerk to notify all City Departments and advisory bodies that have previously adopted conflict of interest codes, of the biennial review requirements for such conflict of interest codes. Required all departments and advisory bodies that have previously adopted conflict of interest codes to review such conflict of interest codes and report to the City Council any amendments, or report that no amendments are necessary, no later than October 1, 2026.
PUBLIC HEARING
9. Public Hearing and Submittal of Property Related Fees to Los Angeles County for FY26- 27 Property Tax Roll - Sewer, Saltwater, and Solid Waste Fees
1. Mayor Marshall opened a public hearing on whether to collect the annual trash collection service fees, grease collection service fees, sewer user fees, and saltwater charges, on the property tax roll by the County of Los Angeles.
2. Comments were heard, and it was determined that there was not a majority protest filed . Mayor Marshall closed the public hearing and adopted the following four resolutions :
Adopted Resolution No. 26-20 of the City Council of the City of Avalon Adopting the Report of the Annual Solid Waste Collection Service Fees and Directing the City Clerk of the City to File Said Report with the Los Angeles County Auditor and Request the Auditor Place the Fiscal Year 2026-2027 Solid Waste Collection Service Fees on the Tax Roll.
Adopted Resolution No. 26-21 of the City Council of the City of Avalon Adopting the Report of the Annual Grease Collection Service Fees and Directing the City Clerk of the City to File Said Report with the Los Angeles County Auditor and Request the Auditor Place the Fiscal Year 2026-2027 Grease Collection Service Fees on the Tax Roll .
CITY COUNCIL MINUTES
JUNE 16, 2026
PAGE 3
Adopted Resolution No. 26-22 of the City Council of the City of Avalon Adopting the Report of the Annual Sewer User Fees and Directing the City Clerk of the City to File Said Report with the Los Angeles County Auditor and Request the Auditor Place the Fiscal Year 2026-2027 Sewer User Fees on the Tax Roll.
Adopted Resolution No. 26-23 of the City Council of the City of Avalon Adopting the Report of The Annual Saltwater Charges and Directing the City Clerk of the City to File Said Report with the Los Angeles County Auditor and Request the Auditor Place the Fiscal Year 2026-2027 Saltwater Charges on the Tax Roll.
3. City Council directed the City Clerk to request Los Angeles County to place the fees on the FY 2026/27 Property Tax Roll.
Motion to approve made by Lisa Lavelle, seconded by Michael Ponce. (4 Ayes-Marshall, De La Rosa, Lavelle and Ponce; 1 No-Schickling)
10. Fiscal Year 2026-2027 Miscellaneous Fee Schedule
1. City Council heard a presentation regarding the Miscellaneous Fee Schedule. 2.
Mayor Marshall opened the Public Hearing; no comments were heard. 3. Mayor Marshall closed the Public Hearing. 4. Adopted Resolution No. 26-24 of the City Council of the City of Avalon Setting Fees for Services, Facilities and Activities of the City of Avalon for Fiscal Year 2026-27.
GENERAL BUSINESS
11 . Catalina Food Tours Transportation Permit Application
1. City Council received presentation. 2. City Council discussed . 3. Approved the Transportation Permit for Catalina Food Tours to be added to the existing Residential Vehicle permit to conduct tours with stated conditions.
City Council Member Lisa Lavelle recused herself due to a Conflict of Interest.
Motion to approve made by Anni Marshall, seconded by Mary Schickling. (4 Ayes-Marshall, De La Rosa, Ponce and Schickling; 1 Abstention-Lavelle)
12. Roger's Guided Tours Transportation Permit Application
1. City Council received presentation. 2. City Council discussed. 3. Approved the Transportation Permit for Roger's Guided Tours utilizing one existing Residential Autoette permit to conduct tours with stated conditions.
Motion to approve by Yesenia De La Rosa, seconded by Mary Schickling. (All Ayes)
CITY COUNCIL MINUTES
JUNE 16, 2026
PAGE4
13. Pebbly Beach Road Temporary Turn Around Installation and Traffic Safety Improvements Approved the plan as presented for modifications and striping along Pebbly Beach Road including installation of k-rail, signage and striping to install a temporary vehicle turn around.
Motion to approve made by Michael Ponce, seconded by Lisa Lavelle (All Ayes)
14. Adult-Use Cannabis Discussion
City Council reached consensus to not take any further action to pursue legalization of adult-use cannabis in Avalon.
Motion to approve made by Anni Marshall, seconded by Michael Ponce. (3 Ayes-Marshall, De La Rosa, Ponce; 2 Noes-Lavelle and Schickling)
15. Repair and Maintenance of City Shoreboat Float
1. Amended the Fiscal Year 2025-26 Budget, adding an additional $33,500 to account #10470-5705 to support the rehabilitation of the City-owned Shoreboat End Float. 2.
Ratified prior action and authorized an additional expenditure of an amount not-to-exceed $33,346.36 to Al Larson Boat Shop, a sole source vender, for the rehabilitation of the City-owned Shore-boat Float for a total repair of $93,346.36.
Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes)
16. Award to DCCM for Project Management Services
1. Made the affirmative finding the City will not gain a competitive advantage through a separate competitive solicitation and that the required services can be obtained more economically and efficiently pursuant to Avalon Municipal Code Section 3-4.111 (C); 2.
Awarded a Professional Services Agreement to DCCM to provide Project Management Services for the Pebbly Beach Landfill Life Site Optimization Project and related on-call consulting services in an amount not-to-exceed $200,000 annually; and 3. Authorized the City Manager to execute the Agreement and any related documents, including amendments within the approved contract authority.
Motion to approve made by Lisa Lavelle, seconded by Yesenia De La Rosa. (All Ayes)
17. Contract for Stage 1 Design and Engineering Services Progressive Design-Build Contract for the Cabrillo Mole Revitalization Project Phase 2
Authorized the City Manager to finalize negotiations and execute the Stage 1 design and engineering services progressive design-build contract for the Cabrillo Mole Revitalization Phase 2 Project with Anderson Burton Construction, Inc. for a not-to-exceed sum of $1.8 million.
Motion to approve made by Lisa Lavelle, seconded by Michael Ponce. (All Ayes) BREAK 7:49 p.m.-7:56 p.m.
CITY COUNCIL MINUTES
JUNE 16, 2026
PAGES
18. Proposed Fiscal Year 2026-27 Budget
City Council continued discussing the proposed Fiscal Year 2026-27 Budget.
City Council adopted Resolution No. 26-25 of the City Council of the City of Avalon Adopting the Budget for Fiscal Year 2026-27.
Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes) CLOSED SESSION-8:30 p.m.-8:50 p.m.
Following the appropriate announcement of the Closed Session items the City Council went into Closed Session to discuss the following :
1. Conference with legal counsel-anticipated litigation Gov't Code Section 54956.9(d)(2): 2 cases
The City has received two letters from Lance Ware, one dated May 29, 2026 and the other dated June 3, 2026 threatening litigation. Copies of the letters (without any exhibits) are attached and are also available for public inspection with exhibits pursuant to Government Code Section 54957.5.
Following Closed Session, the City Manager announced that there was no reportable action .
Mayor Marshall adjourned the meeting at 9:09 p.m.
I, Gabrielle Morones, City Clerk, do hereby certify that the digital recording of the regular City Council Meeting on June 16, 2026, is the official record of the Council Meeting and is on file and maintained in City Hall.
Gabrielle Morones, City Clerk
CITY OF AVALON CITY COUNCIL
MEETING DATE: August 18, 2026 AGENDA ITEM: -------'"'-- 2 - ORIGINATING DEP: Finance CITY MANAGER: ~ Ull
PREPARED BY:
SUBJECT:
Matthew Baker, Finance Director
Warrants
RECOMMENDED ACTION(S): Approve the disbursements for July 27, 2026 through August 7, 2026 totaling $995,086.17.
REPORT SUMMARY: These disbursements through August 1 Sh are comprised of warrants and ACH payments from the US Bank General Account totaling $694,116.88, one payroll totaling $291 ,644.19, and other electronic fund transfers totaling $9,325.00.
ITEM DESCRIPTION AMOUNT DATE
EFT - OVIVO USA, LLC (WNTP SCREEN LEASE) 44,997.50 07/29/26 GF US BANK WARRANTS CK# 42377-42441 649,119.38 07/31/26 PAYROLL 291,644.19 08/07/26
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 9,325.00 08/07/26 TOTAL DISBURSEMENTS $995,086.07
GOAL ALIGNMENT: Ongoing meeting of City obligations.
FISCAL IMPACTS: There are sufficient funds available, and the expenditures are included in the FY25-26 Budget and FY26-27 Budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: N/A
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: Audit Certificate, Warrant Lists, U.S. Bank Credit Card Detai l
CITY OF AVALON
JULY 27-AUGUST 7TH 2026 DISBURSEMENTS
August 18, 2026
ITEM DESCRIPTION
EFT - OVIVO USA, LLC (WWTP SCREEN LEASE)
GF US BANK WARRANTS CK# 42377-42441
PAYROLL
EFT - HARBOR/ REC CREDIT CARD AND BANK SERVICE FEES
TOTAL DISBURSEMENTS
APPROVED AND AUD ITED TH IS
18TH DAY OF AUGU ST 2026
AUDIT COMMITTEE -LISA LAVELLE
AU DIT COMMITTEE - DONNA LOPEZ
AMOUNT DATE
44,997.50 07/ 29/ 26
649,119.38 07/31/ 26
291,644.19 08/ 07/ 26
9,325.00 08/ 07/ 26
$ 995,086.07
CERTIFICATE
IN ACCORDANCE WITH SECTION 32702
OF THE GOVERNMENT CODE, I CERTIFY
THAT THE ABOVE DEMANDS ARE ACCURATE
AND THAT FUNDS ARE AVAILABLE FOR
PAYMENT.
I CERTIFY UNDER PENALTY OF PERJURY
THAT THE FOREGOING IS TRUE AND
CORRECT.
EXECUTED THIS 18TH DAY OF AUGUST 2026
FINANCE DIRECTOR - MATTHEW BAKER
CITY OF AVALON
WARRANT DISBURSEMENTS
July 31, 2026
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
42377 07/31/2026 1,246.44 AT & T COMMUNICATIONS: ALL
42378 07/31/2026 1,645.46 CART MART, INC. SUPPLIES : GARAGE 42379 07/31/2026 340.78 CARUSO FORD SUPPLIES: GARAGE
42380 07/31/2026 2,147.14 CATALINA BEVERAGE CO SUPPLIES ALL DEPTS 42381 07/31/2026 10,000.00 CATALINA ISLAND HUMANE SOCIETY FY26 SPAY/NEUTER PROGRAM 42381 07/31/2026 1,000.00 CATALINA ISLAND HUMANE SOCIETY IT TAKES BALLS GRANT 42382 07/31/2026 773.12 CATALINA YAMAHA SERVICE: VEHICLES 42383 07/ 31/ 2026 6,297.77 CO. OF LOS ANGELES SHERIFF'S DEPT. RESIDENT DPTY: 06/ 2026 42384 07/31/2026 261.84 COUNTY OF LA INTERNAL SERVICES DEPT SERVICE: IT 42385 07/31/2026 6,930.00 E.C.I.S SERVICE: FOG
42386 07/31/2026 7,902.20 HDR ENGINEERING INC. SERVICE: ADMIN 42387 07/31/2026 2,997.44 IDR ENVIRONMENTAL SERVICES SUPPLIES: HW DISPOSAL 42388 07/31/2026 1,494.00 KEY CODE MEDIA, INC. SERVICE: CHAMBER AV 42390 07/31/2026 2,501.98 OLYNS INC. SERVICE: ADM IN
42391 07/31/2026 71,599.59 PERCWATER CONTRACT SVCS: 06/ 2026 42392 07/31/2026 547.81 QUILL CORP SUPPLIES: ALL DEPTS
42393 07/31/2026 123,033.07 SLATER WATERPROOFING, INC. SERVICE: CIP 180005 42394 07/31/2026 2,081.00 STATE LANDS COMMISSION HAMIL TON COVE LEASE 42395 07/31/2026 102,730.06 STRYKER SALES, LLC MEASURE B GRANT 42396 07/31/2026 357.25 ULINE, INC. SUPPLIES: PUBLIC WORKS 42397 07/31/2026 10,097.36 CORPORATE PAYMENT SYSTEMS SEE ATTACHED DETAIL 42398 07/31/2026 1,520.11 VERIZON WIRELESS COMMUNICATIONS: ALL 42399 07/31/2026 3,718.23 AAA OIL, INC FUEL: ALL DEPTS
42400 07/31/2026 1,010.10 ADVANCED PROBLEM SOLVING LLC TRAINING : FIRE 42401 07/31/2026 7,246.33 ALL STAR FIRE EQUIPMENT, INC SUPPLIES: FIRE 42402 07/31/2026 AMAZON CAPITAL SERVICES, INC. VOID: MULTI-STUB CHECK 42403 07/31/2026 5,968.98 AMAZON CAPITAL SERVICES, INC. SUPPLIES: ALL DEPTS 42404 07/31/ 2026 1,195.80 AVALON FREIGHT SERVICES, LLC FREIGHT: ALL DEPTS 42405 07/31/2026 6,551.42 AVALON MOORING & DIVING SERVICE: HARBOR 42406 07/31/2026 2,750.00 FRANK BEACH SERVICE: PUBLIC WORKS 42407 07/31/2026 200.00 BENTDAHL, MARY SERVICE: RECREATION 42408 07/31/2026 7,198.87 CATALINA BEVERAGE CO SUPPLIES: ALL DEPTS 42409 07/31/2026 54.95 CATALINA BROADBAND SOLUTIONS INTERNET: ALL DEPTS 42410 07/31/2026 141,667.00 CATALINA CHAMBER OF COMMERCE TOT: 08/2026 42411 07/31/2026 2,816.68 CATALINA ISLAND VACATIONS RENTALS LODGING : CIP 180005 42411 07/31/2026 7,530.75 CATALINA ISLAND VACATIONS RENTALS LODGING : WWTP 42412 07/31/2026 572.36 CATALINA YAMAHA VE HICLE MAINTENANCE 42413 07/31/2026 558.16 COAST TO COAST SOLUTIONS SUPPLIES: FIRE 42414 07/31/2026 1,080.86 DELL MARKETING LP. SUPPLIES: IT 42415 07/31/2026 7,523.67 DELTA DENTAL DENTAL: 08/2026
42416 07/31/2026 DION & SONS MARINE FUELS INC VOID: MULTI-STUB CHECK 42417 07/31/2026 3,412.64 DION & SONS MARINE FUELS INC FUEL: HARBOR 42418 07/31/2026 340.09 EDISON UTILITIES: ALL DEPTS
42419 07/31/2026 91.28 EDISON UTILITIES: ALL DEPTS
42420 07/31/2026 1.35 EDISON UTILITIES: ALL DEPTS
42421 07/31/2026 24,083.33 AVALON SHOREBOAT SERVICE CORP CONTRACT SVCS: 08/2026 42422 07/31/2026 1,275.00 ESPRY, INC. UTILITIES: ALL DEPT 42423 07/31/2026 976.79 GANAHL LUMBER COMPANY SUPPLIES: PUBLIC WORKS 42424 07/31/2026 2,062.26 GRAINGER SUPPLIES:PUBLIC WORKS 42425 07/31/2026 3,442.50 KEY CODE MEDIA, INC. SERVICE: CHAMBER AV 42426 07/ 31/ 2026 1,731.13 L.N. CURTIS & SONS SUPPLIES: FIRE 42427 07/31/2026 798.03 MCDONALD, AUDRA RETIREE INS: 08/2026 42428 07/31/2026 324.31 MED-TECH RESOURCE, INC. SUPPLIES: FIRE 42429 07/31/2026 310.80 NAPA AUTO PARTS SUPPLIES: GARAGE 42430 07/31/2026 595.00 OLYNS INC. SERVICE:ADMIN
42431 07/31/2026 8,011.79 ORANGE COUNTY WINWATER WORKS SUPPLIES:PUBLIC WORKS 42432 07/31/2026 976.40 QUILL CORP SUPPLIES: ALL DEPTS
42433 07/31/2026 5,391.SO QUINN COMPANY SUPPLIES:PUBLIC WORKS 42434 07/31/2026 250.00 HERTEL SALDANA, GABRIELL SERVICE: HARBOR
CHECK DATE
NUMBER ISSUED AMOUNT
42435 07/31/2026 1,500.00
42436 07/31/2026 38.50
42436 07/31/2026 9,3S7.91
42437 07/31/2026 4,719.58
42438 07/31/2026 956.00
42439 07/31/2026 18,750.00
42440 07/31/2026 4,294.80
42441 07/31/ 2026 279.81
$ 649,119.38
CITY OF AVALON
WARRANT DISBURSEMENTS
July 31, 2026
NAME
VENNEAU, SHANDA
SIRIA'S CLEANING SERVICE
SIRIA'S CLEANING SERVICE
SU PERION, LLC
ULINE, INC.
VEGA, EDMUNDO
WEST M ARINE PRO
XEROX CORPORATION
DESCRIPTION
SERVICE:RECREATION
SERVICE:COMMUNITY SERVICES
2ND HALF: 07 /2026
SOFTWARE LEASE: FINANCE
SUPPLIES: PUBLIC WORKS
CONTRACT SVCS:07 /2026
SUPPLIES: HARBOR
COPIER LEASE: ADMIN
LAST NAME POST DATE
GREENLAW 6/16/2026
CORDERO 6/25/2026
CORDERO 6/25/2026
CORDERO 7/1/2026
M EFFERT 6/16/2026
MEFFERT 6/16/2026
M EFFERT 7/2/2026
C. CISNEROS 6/16/2026
C. CISNEROS 6/16/2026
C. CISNEROS 6/17/2026
C. CISNEROS 6/18/2026
C. CISNEROS 6/19/2026
GONZALES 6/19/2026
GONZALES 6/24/2026
GONZALES 6/29/2026
GONZALES 6/30/2026
FRANCIS 6/l 7/2026
FRANCIS 6/19/2026
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID JULY 31, 2026
August 18, 2026
AM T USD VENDOR DESCRIPTION
4].85 CH ET'S HARDWARE FORCE MAIN REPAIR: WWTP
354.95 SP BLADES DIRECT GARDENING SU PPLIES
7,677.00 SP BLADES DIRECT GARDENING SUPPLIES
63.35 CHET'S HARDWARE MAINTENANCE OF PREMISES
(175.75) HILTON REFUND: LODGING
(158.09) HILTON REFUND: LODGING
592.92 GOVX UNIFORMS: FIRE
99.00 CATALINA EXPRESS TRAINING & TRAVEL
94.19 JINYA RAMEN BAR SANTA BARBARA TRAINING & TRAVEL
18.70 BEST WESTERN ROYAL LA TRAINING & TRAVEL
32.46 EL POLLO LOCO TRAINING & TRAVEL
l OS.62 ENTERPRISE RENT-A-CAR TRAINING & TRAVEL
405.0 7 LAPEL PIN NOW SUPPLIES: 4TH OF JULY
27.42 AMAZON SUPPLIES: 4TH OF JULY
599.00 RPI PROFE~SIONAL SERVICES
55.62 LLOYDS OF AVALON SUPPLIES: 4TH OF JULY
160.23 DECKERS HOKA ONE UNIFOMS: CODE ENFORCEMENT
103.82 STICKER MULE VEHICLE STICKERS
$ J0,097.36 CHECK 42397
DEPARTM ENT
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
ADMIN
ADMIN
ADMIN
ADMIN
ADMIN
ADMIN
CITY OF AVALON CITY COUNCIL
MEETING DA TE: August 18, 2026 AGENDA ITEM: y
ORIGINATING DEP: Finance CITY MANAGER: ~~
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Fiscal Year 2025-2026 Fourth Quarter Treasurer's Report RECOMMENDED ACTION($): Adopt the resolution accepting the FY25-26 Fourth Quarter Treasurer's Report.
REPORT SUMMARY: State and Municipal Codes require the Treasurer to submit within 30 days following each fiscal quarter a report summarizing the City's cash and investment balances. Attached is the Fourth Quarter Treasurer's Report for FY25-26. The report was shared with the City Treasurer prior to presentation to City Council.
The purpose of the report is to inform, on a quarterly basis, the City's cash and investment balances, the investment types, yields, and market values, and to ensure that the City's investments are in compliance with the City's adopted investment policy. In general, operating cash is held in US Bank checking accounts and any excess cash is invested in California's Local Agency Investment Fund (LAIF) and various certificates of deposit (CDs).
In accordance with Government Code sections 16429.1 and 53601 et seq., the City cannot invest more than 30% of its portfolio in CDs. CDs accounted for 21 .9% of the unrestricted cash and investments for the quarter ended June 30, 2026. The City had three CDs and a United States Treasury Bill mature during the quarter. The City takes a ladder approach with staggered maturities for its CD investments to balance its goals of high rates in the short-term with stability to withstand market fluctuations in the longer-term. Similarly, the City reinvested $5 million of the United State Treasury Bill, which matured during the quarter, into another the United State Treasury Bill with a maturity date of November 30, 2026. The City reinvested these funds in a shorter term investment to ensure adequate liquidity during construction of the Cabrillo Mole Ferry Terminal. While the project remains primarily grant-funded , the City will need to initially finance portions of the construction with grant funds to be received on a reimbursement basis. The City will continue to assess for opportunities to increase its investment returns while maintaining necessary liquidity and compliance with its investment policy.
During the fourth quarter 2026, two certificates of deposit using different brokers but from the same financial institution, in violation of the City's Investment Policy. Upon identifying the error, one CD was sold and reinvested with a different institution to restore compliance. While the Finance Director is currently authorized under the policy to reinvest maturing CDs on behalf of the City, City Staff has modified its internal procedures to require written approval from the City Treasurer prior to any future reinvestment of funds .
The unrestricted cash balance for the fourth quarter of 2025-2026 totaled $24.81 million, a decrease of $866 thousand from the fourth quarter of 2024-2025. The decrease in unrestricted cash balance is largely attributable to increased capital outlays during the current fiscal year, with significant grant reimbursements outstanding at the end of the quarter. The City experienced stronger visitor-driven tax revenues than expected during the quarter which partially offset the decrease in cash from outstanding grant reimbursements . The unrestricted cash balance also includes cash from enterprise funds (e.g. Harbor, Sewer, Saltwater, and Solid Waste) not available for general government functions . While the majority of grant funding is performed on a cash reimbursement basis, the unrestricted cash and investments balance also includes approximately $1 million in grant pre-funding received for the Cabrillo Mole Ferry Terminal Rehabilitation , with $X spent on mole substructure improvements and temporary facilities as of June 30, 2026 (referred to as Project Stage 0 in prior staff reports).
The City expects significant capital outlays on several major capital projects, including the second phase of the Cabrillo Mole Ferry Terminal rehabilitation, the South Beach Seawall Restoration, and the Green Pleasure Pier Decking Improvements, which will reduce the unrestricted cash balances over the next several quarters.
Below is a chart comparing unrestricted cash balances from the first quarter of Fiscal Year 2015-2016 to the fourth quarter of Fiscal Year 2025-2026.
Unrestricted Cash Ba lance
~ $30 C:
0 § $25
~
$20
$15
·~ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I The restricted cash balance for the fourth quarter of 2025-2026 totaled $14.05 million, an increase of $1.29 million from the fourth quarter of 2024-2025. The increase is largely attributable to increases in the CIMC Improvement Fund of $1.23 million. Since the inception of the Measure H tax in April 2022, the City has collected $6.49 million from arriving crosschannel, cruise ship, and helicopter passengers, as well as nightly visitor moorings, with $3.84 million expended on design, planning, and engineering for the new hospital facility and approximately $12,500 spent on other administrative costs.
GOAL ALIGNMENT: Required disclosures.
FISCAL IMPACTS: None
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS:
1. FY25-26 Fourth Quarter Treasurer's Report
2. CD Investment Reports
3. Resolution to Accept the Report
RESOLUTION NO. ----
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVALON/SUCCESSOR AGENCY TO THE A YALON
COMMUNITY IMPROVEMENT AGENCY ADOPTING
THE TREASURER'S INVESTMENT REPORT FOR
FISCAL YEAR 2025/2026 FOURTH QUARTER
The City Council of the City of Avalon/Successor Agency does determine, find and resolve as follows:
Section 1. The Fiscal Year 2025-2026 Fourth Quarter Treasurer's Report is hereby adopted and approved.
PASSED, APPROVED AND ADOPTED this I 8th day of August, 2026.
Ann H. Marshall - Mayor
ATTEST:
Gabrielle Morones, City Clt;rk
NAME OF I SUERffYPE OF INVE TM[NT
NRESTRI CTED CASH A D INVESTMENTS
US BANK · GENERAL Cl IECKJNG ACCOUNT
U BANK - PAYROLL ACCOUNT
US BANK . FLEX BENEFITS ACCOUNT
PETTY CASH
PROEQUITIES . VARIOUS CERTIFICATES OF DEPOSITS
(ALL CDS ARt FDIC INSURED)
MUL Tl-BANK SECURITIES· VARJOUS CERTI FICATES OF DEPOSIT:
(ALL CDS ARE FDIC INSURED)
LAIF - GENERAL ACCOUNT
(CA LOCAL AGENCY INVESTMENT FUND)
TOTAL UNRESTRICTED CASH AND INVESTMENTS
RESTRICTED ACCOUNTS,
US BANK . FLEX BENEFITS ACCOUNT
US BANK . I IOUSING AUTHORITY
(LOW MODERATE INCOME HOUSING)
LAIF . HOUSING AUTHORITY
US BANK - SUCCES OR AGENCY TO ACIA
LAIF • SUCCESSOR AGENCY TO ACIA
US BANK (AS TRUSTEE) - SUCCESSOR AGENCY
2003 REFUNDING BO OS DEBT SER VICE • SERIES A
201l REFUNDING BONDS DEBT SERVICE · SERIES A & B
US BANK · CIMC IMPROVEMENT FUND
NORTIIERN TRUST· CALRECYCLE
C ALPERS CERBT TRUST
TOTAL RESTRCITED ACCOUNTS
TOTAL BALANCE OF ALL ACCOUNTS
CITY OF AVALON
QUARTERLY TREASU RER'S REPORT
FOURTH QUARTER ENDED JU E 30, 2026
BANK BALANCE Out.standing Checks Deposits In Transit
3.87 1.432.l I (653,742.47) 156,289.69
335,000.99 (22,5 I 8.06) 249.98
9.264.54
500.00
S987.746.83
S9.599.309.08
10.533,441.45
25,336,695.40
14, 146.35
823.)25.20
4,264,8 I l .67
458,787.74
27,050.48
33,815.62
1,49),960.11
2,307.4 I 8.08 236.101.00
Sl.948.724.2 1
$445,010.99
13,8 17,052.45
39, 153,747.85
BALANCE
3,373,979.73
3 12,732.91
9,264.54
500.00
987,746.83
9,599,309.08
I 0,533,44 1.45
s 24,8 16,974.54
14,146.35
823,325.20
4,264,813.67
458,787.74
27,050.48
33,815.62
1,493,960.11
2,54),519.08
3,948,724.21
445,010.99
14,053,153.45
38,870,127.99
ANNUAL
YIELD
0.00%
0.00%
0.00%
0.00%
4.08%
4.16%
3.82%
0.00%
0.00%
3.82%
0.00%
J.82'1/.
0.00%
0.00'/o
0.00%
MARKET
IATURITY VA.LUE
On demand 3.373.979.73
On demand 312,732.91
On dcm..'lnd 9,264.54
On demand l00.00
0 - 5 yeurs 987.746.83
0 - 5 ycars 9,599,309.08
On demand I0.521 ,l63.7l
s 24,805,096.84
On demand 14,146.35
On dcnumd 823.325.20
On demand 4,260,004.59
On demand 458,787.74
On dannnd 27.0 19.98
On demand 33. 15.62
On dannnd 1,493,960.11
On dannnd 2,543,5 19.08
3,948,724.21
445.0 10.99
14,048,3 13.87
38,85314 10.71
Undl.T 1hc provision of Section 53646 of the Culifomia Government Code, the Treasurer or Chief Fiscal Officer sha ll render a report to the City Council and City Manager, at leas1 quurtcrly. deta iling informution on ull securities. invcs1men1s and mom.-ys of the City. The Ci1y is able to meet its anticipa1cd cxpcndirurc rcquircmcn1s for the next six months. This quarterly report complies wi1h the cu1Tcnt Investment f>o licy adopted by the City Council on June 16. 2026.
Oley Olsen . Treasurer Date
~?11 ~ ~ n::~tor
City of Avalon Investments Report Date: 6/30/2026
Certificates of Deposit
Dealer Settled Quantity Market Price Market Value Estimated Estimated Yield Maturity Date Days to Bank Name Annual Income Maturity CUSIP ProEquities, Inc. 07/17/2024 249,000.00 100.5240 250,304.76 11,205.00 4.44% 7/17/2028 748 90355GPP5 UBS Bank ProEquities, Inc. 04/21/2026 249,000.00 99.1830 246,965.67 10,209.00 4.13% 4/18/ 2030 1,388 59013LLP7 Merrick Bank ProEquities, Inc. 12/ 19/2025 245,000.00 97.5500 238,997.50 9,187.50 3 79% 12/19/2030 1,633 88413QJK5 Third Federal Savings & Loan ProEquities, Inc. 04/17/2026 249,000.00 98.0550 244,156.95 9,711.00 3.97% 4/ 17/ 2031 1,752 15118R4P9 Celtic Bank Multi-Bank Securities, Inc. 12/30/2022 246,000.00 99.9 500 245,877.00 9,594.00 3.90% 12/30/ 2026 183 05765LBT3 Balboa Thrift & Loan Multi-Bank Securities, Inc. 04/14/2022 246,000.00 98.9300 243,367.80 6,642.00 2.72% 4/14/ 2027 288 87165FK45 Synchrony Bank Multi-Bank Securities, Inc. 04/29/2022 246,000.00 98.9690 243,463.74 6,888.00 2.83% 4/ 29/2027 303 39573LDE5 Greenstate CR UN Multi-Bank Securities, Inc. 4/30/2024 246,000.00 100.5940 247,461.24 11,562.00 4.65% 7/ 30/ 2027 395 654062 LX4 Nicolet National Bank Multi-Bank Securities, Inc. 12/ 30/2022 246,000.00 101.1180 248,750.28 12,177.00 4.86% 12/ 30/2027 548 01882MAB8 Alliant Credit Union Multi-Bank Securities, Inc. 04/19/2024 246,000.00 100.5880 247,446.48 11,193.00 4.49% 4/ 19/ 2028 659 910286HS5 United Fidelity Bank FSB Multi-Bank Securities, Inc. 5/22/2024 246,000.00 100.7820 247,923.72 11,439.00 4.58% 5/ 22/ 2028 692 07181JBG8 Baxter Credit Union Multi-Bank Securities, Inc. 06/04/2026 246,000.00 99.768 245,429.28 10,086.00 4.10% 06/05/2028 706 06051YBD1 Bank of America Multi-Bank Securities, Inc. 06/ 07/2023 246,000.00 101.5420 249,793.32 11,070.00 4.43% 6/7/2028 708 917352AH9 Utah Community Credit Union Multi-Bank Securities, Inc. 10/23/2023 246,000.00 101.8840 250,634.64 12,546.00 5.00% 10/23/ 2028 846 291916AG9 Empower Federal Credit Union Multi-Bank Securities, Inc. 12/12/2023 246,000.00 100.4580 247,126.68 10,947.00 4.42% 12/12/ 2028 896 949764JM7 Wells Fargo Bank Multi-Bank Securities, Inc. 06/09/2026 246,000.00 99.6580 245,158.68 10,209.00 4.16% 06/11/ 2029 1,077 59013LNY6 Merrick Bank Multi-Bank Securities, Inc. 11/26/2024 246,000.00 99.4980 244,765.08 10,209.00 4.17% 11/26/2029 1,245 67054NBT9 Numerica Credit Union Multi-Bank Securities, Inc. 06/05/2026 246,000.00 99.4410 244,624.86 10,332.00 4.22% 06/05/2030 1,436 05612LKX9 BMW Bank Multi-Bank Securities, Inc. 10/15/2025 246,000.00 97.6350 240,182.10 9,225.00 3.84% 10/15/ 2030 1,568 38151PAT8 Goldman Sachs Bank Multi-Bank Securities, Inc. 10/15/2025 246,000.00 97.6350 240, 182.10 9,225.00 3.84% 10/15/ 2030 1,568 61778EGM7 Morgan Stanley Bank Multi-Bank Securities, Inc. 05/27/2026 246,000.00 99.5110 244,797.06 10,455.00 4.27% 05/27/ 2031 1,792 61 781BAD4 Morgan Stanley Private Bank Multi-Bank Secu rities, Inc. 06/29/2026 246,000.00 99.9840 245,960.64 10,701.00 4.35% 06/27/ 2031 1,823 856288GP4 State Bank of India Subtotal $ 5,420,000.00 $ 4,667,101.65 $ 224,812.50 4.15% 1,163.58 $ 244,836.42
US Treasury
Dealer Settled Quantity Market Price Market Value Estimated Income Estimated Yield Days to Maturity Date Maturity CUSIP Bank Name Multi-Ban k Securities, Inc. 05/31/2026 5,000,000.00 99.8090 4,990,450.00 193,750.00 3.88% 11/30/2026 153 91282CNE7 United States Treasury Bi ll Subtotal $ 5,000,000.00 $ 4,990,450.00 s 193,750.00 3.88% Cash
ProEquities, Inc. Cash $ 7,321.95
Multi-Bank Securities, Inc. Cash $ 185,914.38
Total $ 9,850,787.98
All of the Certificate of Deposits listed above are FDIC insured up to $250,000 each.
MEETING DATE:
ORIGINATING DEP:
PREPARED BY:
SUBJECT:
CITY OF AVALON CITY COUNCIL
August 18,2026 AGENDA ITEM: ---- 6
Community Services Department
Fire Department
CITY MANAGER: t;Nli/\
David Hart, Community Services Director
Michael Alegria, Fire Chief
Declare Excess/Old Equipment as Surplus
RECOMMENDED ACTION(S): Adopt a resolution declaring equipment listed in the resolution as surplus property and authorize the City Manager to dispose of it in accordance with City policy.
REPORT SUMMARY: Historically, the City Council is presented with a list of items that are surplus, the Council declares it surplus, and then the declared items are either sold via Public Surplus, given to charity, or disposed of properly. Staff has compiled a list of equipment that the City of Avalon ("City") no longer uses and is insufficient for the current needs of the Community Services and Fire Departments. The listed surplus equipment below are inoperable, not able to be economically repaired , and/or are no longer safe to use.
DeQartment SurQIUS Item DescriQtion
Community Services 7 - 8-foot Barco Picnic Tables Composite wood Park Picnic Tables approx. 150Ibs
Community Services 2 - Round Barco Picnic Tables Composite Wood round Picnic table approx .. 80Ib
2004 Chevrolet Suburban
Fire Command 1 Vehicle VIN 3GNGK26G44G301856
License Plate 1354829
FISCAL IMPACTS: Unknown
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon will have in their possession old , damaged, park equipment that adds to the clutter at City facilities.
FOLLOW UP ACTION: The equipment is not Auction ready. We will donate five usable tables to the Catalina Outdoor Adventure Club and dispose of the rest ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: Resolution.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVALON DECLARING SPECIFIED EQUIPMENT
TO BE SURPLUS AND AUTHORIZING
THE SALE OR DISPOSAL THEREOF
WHEREAS, Government Code Section 37350 authorizes the City Council to control and dispose of property for the common benefit; and WHEREAS, the City Council wishes to declare certain equipment to be surplus and has determined that sale or disposal, as indicated below, is appropriate and will benefit the City:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON
DECLARES, FINDS AND RESOLVES AS FOLLOWS:
Section 1. The City Council hereby declares the following equipment to no longer be useful or necessary to the City's services and programs and therefore surplus property, to be disposed of as indicated below:
De~artment Sur~lus Item Descri~tion
Community Services 7 - 8-foot Barco Picnic Tables
Composite wood Park Picnic
Tables approx. 150Ibs
Community Services 2 - Round Barco Picnic Tables Composite Wood round Picnic table approx .. 80Ib
2004 Chevrolet Suburban
Fire Command 1 Vehicle VIN 3GNGK26G44G301856
License Plate 1354829
Section 2. Staff is authorized to dispose of the listed equipment in accordance with the California law.
PASSED, APPROVED AND ADOPTED this 18th day of August, 2026.
Ayes:
Noes:
Absent:
Abstain :
Ann H. Marshall, Mayor
ATTEST:
Gabrielle Morones, City Clerk
MEETING DATE:
ORIGINATING DEP:
PREPARED BY:
SUBJECT:
CITY OF AVALON CITY COUNCIL
August 18, 2026 AGENDA ITEM: _ ____,_ Co __
Administration CITY MANAGER: - ----"' ~~ /\-.u..h1-- ,
Devin Hart, Senior Management Analyst
Resolution Authorizing the City Manager to Execute and File State Documents for the Pebbly Beach Road Revetment Project
RECOMMENDED ACTION(S): 1. Adopt a resolution delegating the City Manager the authority to execute and file documents for the Pebbly Beach Road Revetment Project on the behalf of the City of Avalon. 2. Authorize the City Manager to execute the Master Agreement Administering Agency-State Agreement for Federal-Aid Projects and Program Supplement Agreement for the Pebbly Beach Road Revetment Project (CIP Project #180008 - CalTrans Project CPFL-5219(010)).
REPORT SUMMARY: The City of Avalon received a $2 million federal earmark to support the Pebbly Beach Road Revetment Project. This project will stabilize an approximate 0.75 mile stretch of Pebbly Beach Road by repairing 43 sea cave voids caused by storm damage.
The funding is managed by the Department of Transportation (CalTrans). To comply with funding regulations established by CalTrans the City must adopt a resolution delegating authority to a City representative to execute documents on the City's behalf.
City Staff recommend the City Council adopt a resolution authorizing the City Manager to execute and file document for the Pebbly Beach Road Revetment Project on the behalf of the City.
GOAL ALIGNMENT: Infrastructure repairs and financial stability.
FISCAL IMPACTS: Approximately $2 million in grant or earmarked funding has been allocated to City capital improvement projects through Caltrans.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon will not have an executed Master Agreement on file with Caltrans and not be eligible to receive transportation funding .
FOLLOW UP ACTION: Execute and file resolution.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS:
1. Resolution.
2. Master Agreement Administering Agency-State Agreement for Federal-Aid Projects RESOLUTION NO. ___ _
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON, CALIFORNIA
AUTHORIZING EXECUTION OF ADMINISTERING AGENCY-STATE
AGREEMENT FOR FEDERAL-AID FUNDED PROJECTS
WHEREAS, the City of Avalon is eligible to receive Federal and/or State funding for certain Transportation Projects through the California Department of Transportation; and, WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements must be executed with the California Department of Transportation before such funds can be claimed; and, WHEREAS, the City of Avalon wishes to delegate the authority to execute these agreements and any amendments thereto to the City Manager.
NOW, THEREFORE, BE IT RESOLVED that the City of Avalon designates the City Manager as the person authorized to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements, and any amendments thereto with the California Department of Transportation effective August 18, 2026.
PASSED, APPROVED AND ADOPTED this 18th day of August, 2026.
Ayes:
Noes:
Absent:
Abstain:
Ann H. Marshall, Mayor
ATTEST:
Gabrielle Morones, City Clerk
PROGRAM SUPPLEMENT NO. F004
to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO 07-5219F15
Adv. Project ID
0725000025
Date: August 04, 2026
Location: 07-LA-0-AVA
Project Number: CPFL-5219(010)
E.A. Number:
Locode: 5219
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.
PROJECT LOCATION: Pebbly Beach Road between Crescent Ave. and Pebbly Beach Village Rd TYPE OF WORK:
Estimated Cost
$2,259,250.00
CITY OF AVALON
By
Title
Date
Attest
Stabilization of a 0.75 mile stretch of Pebbly Beach Road by repairing 43 voids caused by storm
LENGTH: 0.0(MILES)
Federal Funds
Y926 $2,000,000.00 LOCAL
$259,250.00
Matching Funds
STATE OF CALIFORNIA
Department of Transportation
By
OTHER
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
$0.00
Accounting Officer Date 8/4/2026 $2,000,000.00
Program Supplement 07-5219F15-F004- ISTEA Page 1 of 6
07-LA-0-AVA
CPFL-5219(010)
SPECIAL COVENANTS OR REMARKS
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the ST A TE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.
Failure to do so will cause a delay in the State processing invoices for the construction phase.
Attention is directed to Section 15.6 "Award Package" of the Local Assistance Procedures Manual.
E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure , Program Supplement 07-5219F15-F004- ISTEA Page 2 of 6 07-LA-0-AVA
CPFL-5219(010)
SPECIAL COVENANTS OR REMARKS
nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter.
Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.
H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov.
2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.
B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup Program Supplement 07-5219F15-F004- ISTEA Page 3 of 6
07-LA-0-AVA
CPFL-5219(010)
SPECIAL COVENANTS OR REMARKS
documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/lCRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by $TATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.
I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
Program Supplement 07-5219F15-F004- ISTEA Page 4 of 6
07-LA-0-AVA
CPFL-5219(010)
SPECIAL COVENANTS OR REMARKS
K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.
All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.
0. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.
Program Supplement 07-5219F15-F004- ISTEA Page 5 of 6
07-LA-0-AVA
CPFL-5219(010)
SPECIAL COVENANTS OR REMARKS
3. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601 ), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and Ill of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
K. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Program Supplement 07-5219F15-F004- ISTEA Page 6 of 6
MASTER AGREEMENT
ADMINISTERING AGENCY-STATE AGREEMENT FOR
FEDERAL-AID PROJECTS
07 City of Avalon
District Administering Agency
Agreement No. 07-5219F15
This AGREEMENT, is entered into effective this ___ day of ______ , 20 , by and between City of Avalon, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY." RECITALS:
1. WHEREAS, the Congress of the United States has enacted the lnterrnodal Surface Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation Authorization Bills to fund transportation programs; and
2. WHEREAS, the Legislature of the State of California has enacted legislation by which certain federal-aid funds may be made available for use on local transportation related projects of public entities qualified to act as recipients of these federal-aid funds in accordance with the intent of federal law; and
3. WHEREAS, before federal funds will be made available for a specific program project, ADMINISTERING AGENCY and ST ATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.
NOW, THEREFORE, the PARTIES agree as follows:
ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project-specific "Authorization/Agreement Summary", herein referred to as "E-76" document, is approved by STATE and the Federal Highway Administration (FHWA).
2. The term "PROJECT", as used herein, means that authorized transportation related project and related activities financed in part with federal-aid funds as more fully-described in an "Authorization/ Agreement Summary" or "Amendment/Modification Summary", herein referred to as "E-76" or "E-76 (AMOD)" document authorized by STATE and the Federal Highway Administration (FHWA).
3. The E-76/E-76 (AMOD) shall designate the party responsible for implementing PROJECT, type of work and location of PROJECT.
4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive federal-aid funds from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these federal funds that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.
5. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend future authorizations/obligations and invoice payments for any on-going or future federal-aid project performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by STATE in writing.
6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of federal funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.
7. Federal, state and matching funds will not participate in PROJECT work performed in advance of the approval of the E-76 or E-76 (AMOD), unless otherwise stated in the executed project- specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed with the work authorized for that specific phase(s) on the project-specific E-76 or E-76 (AMOD). ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to receiving an E-76 (AMOD) from STATE for that phase(s) unless no further federal funds are needed or for those future phase(s).
8. That PROJECT or portions thereof, must be included in a federally approved Federal Statewide Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submitting the "Request for Authorization".
9. ADMINISTERING AGENCY shall conform to all state statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.
10. If PROJECT is not on STATE-owned right of way, PROJECT shall be constructed in accordance with LOCAL ASSISTANCE PROCEDURES that describes minimum statewide design standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES for projects off the National Highway System (NHS) allow STATE to accept either the STATE"s minimum statewide design standards or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY- approved standard specifications, standard plans,
materials sampling and testing quality assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE PROCEDURES.
11. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and, where appropriate, an executed Cooperative Agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights of way or work which affects STATE facilities.
12. When PROJECT is not on the State Highway System but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.
13. If PROJECT is using STATE funds, the Department of General Services, Division of the State Architect, or its designee, shall review the contract PS"&"E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING AGENCY shall not award a PROJECT construction contract for these types of improvements until the State Architect has issued written approval stating that the PROJECT plans and specifications comply with the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.
14. ADMINISTERING AGENCY will advertise, award and administer PROJECT in accordance with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed project-specific PROGRAM SUPPLEMENT.
15. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full-time employee to be in responsible charge of each PROJECT who is not a consultant.
16. ADMINISTERING AGENCY shall submit PROJECT-specific contract award documents to STATE"s District Local Assistance Engineer within sixty (60) days after contract award. A copy of the award documents shall also be included with the submittal of the first invoice for a construction contract by ADMINISTERING AGENCY.
17. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Report of Expenditures" within one hundred eighty (180) days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LOCAL ASSISTANCE PROCEDURES.
18. ADMINISTERING AGENCY shall comply with: (i) section 504 of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability in federally assisted programs; (ii) the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination on the basis of disability irrespective of funding; and (iii) all applicable regulations and guidelines issued pursuant to both the Rehabilitation Act and the ADA.
19. The Congress of the United States, the Legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit A attached hereto) and the NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto).
ADMINISTERING AGENCY further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of PROJECT-related work shall incorporate Exhibits A and B (with third party"s name replacing ADMINISTERING AGENCY) as essential parts of such agreement to be enforced by that third party as verified by ADMINISTERING AGENCY.
ARTICLE 11- RIGHTS OF WAY
1. No contract for the construction of a federal-aid PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract.
2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for a PROJECT, including, but not limited to, being clear as certified or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of relocation costs and damages to remainder real property not actually taken but injuriously affected by PROJECT.
ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.
3. Subject to STATE approval and such supervision as is required by LOCAL ASSISTANCE PROCEDURES over ADMINISTERING AGENCY"s right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from federal funds for expenditures incurred in purchasing only the necessary rights of way needed for the PROJECT after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY.
4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicable State and Federal laws and regulations, in accordance with State procedures as published in State"s current LOCAL ASSISTANCE PROCEDURES and STATE"s Right-of-Way Manual, subject to STATE oversight to ensure that the completed work is acceptable under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
5. Whether or not federal-aid is to be requested for right of way, should ADMINISTERING AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm operation, or non-profit organization, relocation payments and services will be provided as set forth in 49 CFR, Part 24. The public will be adequately informed of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his/her dwelling or to move his/her business or farm operation without at least ninety (90) days written notice from ADMINISTERING AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person will be displaced until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that ADMINISTERING AGENCY"s relocation program is realistic and adequate to provide orderly, timely and efficient relocation of PROJECT-displaced persons as provided in 49 CFR, Part 24.
6. ADMINISTERING AGENCY shall, along with recording the deed or instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, also record an Agreement Declaring Restrictive Covenants (ADRC) as a separate document incorporating the assurances included within Exhibits A and B and Appendices A, B, C and D of this AGREEMENT, as appropriate.
ARTICLE Ill - MAINTENANCE AND MANAGEMENT
1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.
2. Upon ADMINISTERING AGENCY"s acceptance of the completed federal-aid construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE and FHWA. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future federal-aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with ST ATE"s concurrence.
3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.
ARTICLE IV - FISCAL PROVISIONS
1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission (CTC).
2. STATE"S financial commitment of federal funds will occur only upon the execution of this AGREEMENT, the authorization of the project-specific E-76 or E-76 (AMOD), the execution of each project-specific PROGRAM SUPPLEMENT, and ST ATE"s approved finance letter.
3. ADMINISTERING AGENCY may submit signed invoices in arrears for reimbursement of participating PROJECT costs on a regular basis once the project-specific PROGRAM SUPPLEMENT has been executed by STATE.
4. ADMINISTERING AGENCY agrees, at a minimum, to submit invoices at least once every six (6) months commencing after the funds are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on-going or future federal-aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six (6) month period.
5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.
6. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency"s progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY.
8. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits "&" Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement.
ICAPs/lCRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.
9. Once PROJECT has been awarded, STATE reserves the right to de-obligate any excess federal funds from the construction phase of PROJECT if the contract award amount is less than the obligated amount, as shown on the PROJECT E-76 or E-76 (AMOD).
10. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
11. The estimated total cost of PROJECT, the amount of federal funds obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a detailed estimate, if required, and approved E-76 (AMOD). Federal-aid funding may be increased to cover PROJECT cost increases only if such funds are available and FHWA concurs with that increase.
12. When additional federal-aid funds are not available, ADMINISTERING AGENCY agrees that the payment of federal funds will be limited to the amounts authorized on the PROJECT specific E-76 / E-76 (AMOD) and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING
AGENCY"s own funds.
13. ADMINISTERING AGENCY shall use its own non-federal funds to finance the local share of eligible costs and all expenditures or contract items ruled ineligible for financing with federal funds. ST ATE shall make the determination of ADMINISTERING AGENCY"s cost eligibility for federal fund financing of PROJECT costs.
14. ADMINISTERING AGENCY will reimburse STATE for STATE"s share of costs for work performed by STATE at the requ!3st of ADMINISTERING AGENCY. STATE"s costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.
15. Federal and state funds allocated from the State Transportation Improvement Program {STIP) are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE.
16. Federal funds encumbered for PROJECT are available for liquidation for a period of six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. State funds encumbered for PROJECT are available for liquidation only for six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or state funds not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance (per Government Code section 16304 ). The exact date of fund reversion will be reflected in the ST A TE signed finance letter for PROJECT.
17. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.
18. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
19. ADMINISTERING AGENCY agrees, and will ensure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.
20. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A"&"E services), and other applicable ST ATE and FEDERAL regulations.
21. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
22. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty 30 days of demand, or within such other period as may be agreed to in writing between the PARTIES, STATE, acting through the State Controller, the State Treasurer, or any other public entity or agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may withhold approval of future ADMINISTERING AGENCY federal-aid projects.
23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in
default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 22, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.
24. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE"s ability to recover State funds improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.
ARTICLE V
AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS
1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of ARTICLE V.
2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.
3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.
4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year. The Federal Funds received under a PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance (CFDA)
20.205.
5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.
6. ADMINISTERING AGENCY shall not award a non-A'&'E contract over $5,000, construction contract over $10,000, or other contracts over $25,000 (excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)) on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.
7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions 5, 6, 17, 19 and 20 of ARTICLE IV, FISCAL PROVISIONS, and provisions 1, 2, and 3 of this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING RECORDS RETENTION AND REPORTS.
8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner as required of all other PROJECT expenditures.
9. In addition to the above, the pre-award requirements of third-party contractor/consultants with ADMINISTERING AGENCY should be consistent with the LOCAL ASSISTANCE PROCEDURES.
ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION
1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of the signatory officer's knowledge and belief, that:
A. No federal or state appropriated funds have been paid or will be paid, by or on behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an officer or employee of any STATE or federal agency, a member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any STATE or federal contract, including this AGREEMENT, the making of any STATE or federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any STATE or federal contract, grant, loan, or cooperative contract.
8. If any funds other than federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this AGREEMENT, grant, local, or cooperative contract, ADMINISTERING AGENCY shall complete and submit Standard Form-LLL, "Disclosure Form to Rep Lobbying," in accordance with the form instructions.
C. This certification is a material representation of fact upon which reliance was placed when this AGREEMENT and each PROGRAM SUPPLEMENT was or will be made or entered into. Submission of this certification is a prerequisite for making or entering into this AGREEMENT imposed by Section 1352, Title 31 , United States Code. Any party who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
2. ADMINISTERING AGENCY also agrees by signing this AGREEMENT that the language of this certification will be included in all lower tier sub-agreements which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
ARTICLE VII - MISCELLANEOUS PROVISIONS
1. ADMINISTERING AGENCY agrees to use all state funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and the relevant Federal Regulations.
2. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of ST ATE or the federal government.
4. Each project-specific E-76 or E-76 (AMOD), PROGRAM SUPPLEMENT and Finance Letter shall separately establish the terms and funding limits for each described PROJECT funded under the AGREEMENT. No federal or state funds are obligated against this AGREEMENT.
5. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT. ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.
6. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the work actually performed, or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
7. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.
8. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE, FHWA or Federal Transit Administration (FTA) that may have an impact upon the outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of this AGREEMENT.
9. ADMINISTERING AGENCY hereby certifies that it does not have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT under this AGREEMENT.
10. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.
11. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the ST ATE's Contract Officer who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer.
12. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse
ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT.
13. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by ST ATE under this AGREEMENT.
14. Neither ST ATE nor any officer or employee thereof shall be responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.
15. STATE reserves the right to terminate funding for any PROJECT upon written notice to ADMINISTERING AGENCY in the event that ADMINISTERING AGENCY fails to proceed with PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT, the bonding requirements if applicable, or otherwise violates the conditions of this AGREEMENT and/or PROGRAM SUPPLEMENT, or the funding allocation such that substantial performance is significantly endangered.
16. No termination shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if not reasonably susceptible of cure within said thirty (30) day period, ADMINISTERING AGENCY proceeds thereafter to complete the cure in a manner and time line acceptable to STATE. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the projectspecific PROGRAM SUPPLEMENT and that the cost of PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.
17. In case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project- specific PROGRAM SUPPLEMENT, the terms stated in that PROGRAM SUPPLEMENT shall prevail over those in this AGREEMENT.
18. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.
19. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
City of Avalon
By ____________ _ By ____________ _
Chief, Office of Project Management Oversight City of Avalon Representative Name & Title
(Authorized Governing Body Representative)
Date ____________ _ Date ____________ _
EXHIBIT A
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by ST ATE setting forth the provisions of this Fair Employment section.
2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 1290-0 et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY"S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.
3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.
4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by ST ATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.
5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429.
(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by ST ATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY"s breach of this Agreement.
EXHIBIT B
NONDISCRIMINATION ASSURANCES
ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives federal financial assistance from the Federal Department of Transportation. ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS.
More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY hereby gives the following specific assurances with respect to its federal-aid Program:
1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS.
2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal-aid Program and, in adapted form, in all proposals for negotiated agreements:
ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively ensure that in any agreement entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award.
3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS.
4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or interest therein.
5. That where ADMINISTERING AGENCY receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith.
6. That where ADMINISTERING AGENCY receives federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property.
7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other parties:
Appendix C;
(a) for the subsequent transfer of real property acquired or improved under the federal-aid Program ; and Appendix D;
(b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal-aid Program.
8. That this assurance obligates ADMINISTERING AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which ADMINISTERING AGENCY retains ownership or possession of the property.
9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients , sub-grantees, applicants, subapplicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement.
10. That ADMINISTERING AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance.
11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in the award and administration of STATE assisted contracts. ADMINISTERING AGENCY"S DBE Implementation Agreement is incorporated by reference in this AGREEMENT. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved DBE Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31 USC 3801 et seq.)
THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees, applicants, sub-applicants, transferees, successors in interest and other participants in the federal-aid Highway Program.
APPENDIX A TO EXHIBIT B
During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest (hereinafter coilectively referred to as ADMINISTERING AGENCY) agrees as follows:
(1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21 , as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS. (3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential subapplicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY"s obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY"s books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information. (5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY"s noncompliance with the nondiscrimination provisions of this agreement, ST ATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. ADMINISTERING AGENCY shall take such action with respect to any sub-agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX B TO EXHIBIT B
The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon , or interest therein from the United States. (GRANTING CLAUSE)
NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of federal-aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on ADMINISTERING AGENCY, its successors and assigns.
ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, (1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) * (2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21 , Non-discrimination in federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and
(3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the U.S.
Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above-described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.* * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
APPENDIX C TO EXHIBIT B
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a) of Exhibit B.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S.
Department of Transportation, Subtitle A, Office of Secretary, Part 21 , Nondiscrimination in federallyassisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
APPENDIX D TO EXHIBIT B
The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of Exhibit B.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that:
(1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities;
(2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964 ..
MEETING DATE:
ORIGINATING DEP:
PREPARED BY:
SUBJECT:
CITY OF AVALON CITY COUNCIL
August 18, 2026
Administration
AGENDA ITEM: 1
CITY MANAGER: l)M&\_
Devin Hart, Senior Management Analyst
Robert Greenlaw, Director of Public Works
Cabrillo Mole Rehabilitation Phase II Pre-Construction Stage 0 - Temporary Facility Site Preparation and Utility Installation Construction Change Order #1
RECOMMENDED ACTION(S): 1. Make the affirmative finding , pursuant to Avalon Municipal Code Section 3-4.111 (c), that a competitive market does not exist and the city wil l not gain a competitive advantage by competitively bidding this work. 2. Authorize the City Manager to execute the first amendment to the construction contract between Jordahl Construction , Inc. for the Cabrillo Mole Rehabilitation Phase II Pre-Construction Stage 0 - Temporary Facility Site Preparation and Utility Installation Project for a not-to-exceed sum of $110,000 for a total contract price of $1 ,360,000.
REPORT SUMMARY: On October 22, 2024 the City Council approved the Stage O Cabrillo Mole Rehabilitation Project, including the Cabrillo Mole Temporary Facility Plan and four step procurement process.
The Cabrillo Mole Ferry Terminal is a multimodal transportation hub used by cross-channel carrier passengers traveling between the City and the mainland, cruise ship disembarkment/embarkment, and serves as the primary entry point to the City of Avalon . In 2020, the City completed Phase 1 of the Cabrillo Mole Rehabilitation Project which included the rehabilitation and reinforcement of the existing concrete members, replacement of the steel grates, and repaired the concrete deck and railing - for a total project cost of $5.10 million.
The Phase II Project, budgeted at $20 million, will replace and reconfigure the existing building and structures to improve passenger queuing and adjacent transportation circulation.
In order to accommodate sustained , mostly uninterrupted operations of the Cabrillo Mole, construction of the new facility has been broken into construction stages for bidder consideration.
The Pre-Construction Stage - Stage O - includes four steps:
1. Purchase of long-lead equipment associated with the upgraded utility system.
2. Purchase temporary facilities .
3. Installation of grates at the old steamer ramp.
4. Installation of utility systems and other temporary infrastructure to support the future Cabrillo Mole facility as well as temporary facilities.
The scope of work for installation of upgraded utility systems to support the new facility as well as utilities to support temporary facilities that will be used during the construction project was awarded to Jordahl Construction, Inc. on February 16, 2026 for a not to exceed sum of $1,250,000. The contractor will also raise the planter areas adjacent to Floats 4 and Floats 5 and install decking to provide a space for queuing and for commercial businesses relocated during construction.
In order to save time and begin construction as soon as possible, the scope of work awarded to Jordahl Construction, Inc. did not include the necessary installation of a transformer. At the time the work was advertised and awarded, City staff were awaiting responses from Southern California Edison regarding the necessary size of the transformer and associated sizing of the required slab box and associated infrastructure.
In late July, Southern California Edison provided their energy requirements to serve the new Cabrillo Mole facility. After review of the plan, Jordahl Construction, Inc. submitted a request for a construction change order for $102,835.
Staff evaluated the proposal for this added work and concluded that the price is reasonable and consistent with other competitively bid similar scopes of work. Furthermore, it was concluded that a competitive bid process would not only delay completion of the work, it would result in potential high costs due to the addition of mobilization costs.
AMC Section 3-4.111 (c) allows the City to dispense from public bidding or other competitive procedures if a finding is made that a competitive market does not exist, or the City will not gain a competitive advantage by using the formal contract bid or other competitive procedure.
City staff recommends the City Council authorize the City Manager to execute the first amendment of the construction contract with Jordahl Construction , Inc. for the Cabrillo Mole Rehabilitation Phase II Pre-Construction Stage 0 - Temporary Facility Site Preparation and Utility Installation Project for a not-to-exceed sum of $110,000 for a total contract price of $1 ,360,000.
FISCAL IMPACTS: This expense is budgeted in CIP Project #180005 , account #10470-6667.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not have a contractor to begin Stage 0 of the Cabrillo Mole Revitalization Phase II Project.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
1. Jordahl Construction, Inc. Proposal
Jordahl Construction, Inc.
July 29, 2026
City of Avalon
Atten: Bob Greenlaw
P.O. Box 265 * 51 Roaring Canyon Rd.
Avalon, CA 90704
General Engineering Contractor
CA State License #727811
Ph. (310)510-0648
[email protected]
RE: Cabrillo Mole Project/ Slab Box and Additional Electrical Underground SCOPE OF WORK:
1. Saw cut, demo sidewalk and existing walls for new slab box at play swing area.
2. Excavate and install new Slab box per SCE specs.
3. Install new 5" conduit from existing pull box to new slab box.
4. Provide sand cover over pipe and 1 sack slurry backfill around box and trench.
5. Build new retaining wall in designated area for clearance around box.
6. Pour back concrete walkway and around slab box.
INCLUSIONS:
1. All Equipment, Labor and materials
2. Concrete disposal fees
EXCLUSIONS:
1. One large palm tree removal by others
2. Chain link fence on wall
NOTE:
1. Saw cut and demo - $19,985.00
2. Excavate and set slab box - $45,485.00
3. Install conduit and slurry backfill - $8,475.00
4. Retaining walls - $ 21,250.00
5. Concrete walkway and slab box - $7,640.00
ESTIMATED PRICE: $102,835.00
Jim Hoffmann
MEETING DATE:
ORIGINATING DEP:
PREPARED BY:
SUBJECT:
CITY OF AVALON CITY COUNCIL
August 18, 2026
Administration
AGENDA ITEM: i
CITY MANAGER: ~v\~
Devin Hart, Senior Management Analyst
Robert Greenlaw, P.E., City Engineer
Slater Waterproofing, Inc. \/'NI/TP Grit Chamber Contract Construction Change Order
RECOMMENDED ACTION($): 1. Make the affirmative finding , pursuant to Avalon Municipal Code Section 3-4.111 (c), that a competitive market does not exist and the city will not gain a competitive advantage by competitively bidding this work. 2. Authorize the City Manager to execute the first amendment to the short-form construction contract with Slater Waterproofing, Inc. increasing the contract sum by $89,000 for a not-to-exceed total sum of $214,000.
REPORT SUMMARY: On December 18, 2025 a failure occurred on a force main at the City of Avalon's Wastewater Treatment Plant (\/'NI/TP). City personnel, working cooperatively with the City's \/'NI/TP contractor PERCWater (PERC), were able to stabilize the force main and install a temporary bypass.
However, while City personnel were working to make permanent repairs at the \/'NI/TP headworks - the initial stage of the wastewater treatment process where raw sewage enters the system - a second failure occurred when a structural beam that supports critical equipment collapsed resulting in the headworks grit screen falling into the grit tank.
This cascade of unfortunate events led to the decision to take the headworks out of operation and deploy a leased piece of equipment to perform the process.
Avalon Municipal Code (AMC) Section 4-2.05 designates the City Manager as the Director of Emergency Services and grants him the authority to request the City Council proclaim the existence of a "local emergency".
Due to the significance of the headworks and the scope of necessary repairs , the City Manager made the finding that an emergency exists and, under his emergency authority, authorized emergency repairs to the \/'NI/TP grit chamber to be performed by Slater Waterproofing, Inc. for a not-to-exceed sum of $125,000.
On February 2, 2026, the City Council ratified prior action taken by the City Manager including approval of the agreement with Slater Waterproofing, Inc. Repairs to the \/'NI/TP grit chamber are scheduled to be completed in the next 60 days.
At the time City Council ratified prior action, City Staff noted they anticipated additional contracts would be necessary to support continued, uninterrupted operations of the WWTP; however, at the time Slater Waterproofing, lnc.'s initial contract was awarded the full scope of what is necessary was unknown.
As Slater Waterproofing, Inc. crews and City staff have occupied the space at the WWTP for the last five months, they've noticed the need for repairs to the digester deck walkway.
The work to be performed includes repairs to spalled concrete at three locations along the digester deck, totaling 140 square feet of area and the application of 176 square feet of new surface coating.
With Slater Waterproofing , Inc. already mobilized and conducting concrete repairs to the grit chamber, City staff recommends the City Council authorize a construction change order to increase the original scope of work to include repairs to the spalled concrete at the walkway for a not-to-exceed sum of $89,000. If the need for additional spall repair is needed, Slater Waterproofing , Inc. can complete the work for approximately $525 per square foot.
Staff evaluated the proposal for this added work and concluded that the price is reasonable and consistent with other competitively bid similar scopes of work.
Furthermore, it was concluded that a competitive bid process would not only delay completion of the work, it would result in potential high costs due to the addition of mobilization costs.
AMC Section 3-4.111 (c) allows the City to dispense from public bidding or other competitive procedures if a finding is made that a competitive market does not exist, or the City will not gain a competitive advantage by using the formal contract bid or other competitive procedure.
City staff also recommends City Council make the affirmative finding , pursuant to Avalon Municipal Code Section 3-4.111 (c), that a competitive market does not exist and the city will not gain a competitive advantage by competitively bidding this work FISCAL IMPACTS: These contracted services will be allocated to Fiscal Year 2026-27 Capital Improvement Program - Major Sewer Projects CIP # 205012, Fund #10850-6521 .
GOAL ALIGNMENT: Vital infrastructure.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City Manager will not have authority to procure equipment for necessary repairs to the WWTP.
FOLLOW UP ACTION: City Staff will work to determine additional scope.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: Slater Waterproofing , Inc. proposal.
Slater Waterproofing Inc. Lie. # 373368
5577 Arrow Hwy. Montclair, CA 91763 Tel: 909.985.9100
City of Avalon
410 Avalon Canyon Road
Avalon, Ca. 90704
Attn: Bob Greenlaw
Re: Water Treatment Plant Walkway
Date: August 4, 2026
PROPOSAL
SIJter Wc1terprno fin g, Inc . will supply all labor, material and equipment to complete the following work :
Repair Spalled Concrete to 3 Locations Totaling 140 sf and Apply Coating (176 sf) Mobilize to jobsite and set up equipment and protection Chip out spalled concrete area and sawcut perimeter of repair½" deep to create a thickened edge and remove from site
Drill and add new rebar where deteriorated
Prep exposed rebar and coat with Sika Armatec 110
Form up repair areas and patch back with Sikacrete 211 SCC Plus and finish to surrounding areas Strip forms and touch grind
Prep walkway surface for new coating
Apply Sikalastic 745 One Shot to deck
Clean work area
Price : Our price to do the described work shall be $88,619.00. Additional Spall Repair can be completed at a rate of $525 per SF
• Lodging to be covered by City of Avalon
Terms & Exclusions:
Price is based on (1) move-in.
Permits, fee's, bonds, inspection and testing are not included.
Powe r and water to be provided.
Engineering is not expressed nor implied.
Price is based on prevailing wage rates
Accepta nce of Proposal :
Print Name
Sign & Return Date
Fax: 909.949.2431 www. SlaterW aterproofing. com
Chad S. Gamel l
Vice President