Agenda — City Council/Successor Agency/Public Finance Authority, April 27, 2023

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
APRIL 27, 2023; 5:15 P.M.

AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA VIA ZOOM VIDEO/WEB CONFERENCING:

Web Link: bit.ly/AvenalCouncil or use https://us02web.zoom.us/j/87243440488 Or by calling +1 669 900 6833 and use meeting ID 872 4344 0488 to join.

Study Session: NONE
LAST ORDINANCE: 2022-06 CITY LAST RESOLUTION: 2023-21
(SA) LAST RESOLUTION: 2023-01 PFA LAST RESOLUTION: 2022-02 AGENDA

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE:

2. ROLL CALL: Councilmembers: Louis Gravelle, Ricardo Verdugo, Pablo Hernandez, Mayor Pro Tem Alejandro Ramirez; Mayor Alvaro Preciado.

CITY CLERK:

Government Code Section 54952.3: The members of the City Council/Successor Agency are entitled to receive a total of $300.00 per month because of being elected to the City Council. They receive no other compensation for sitting as a member of Successor Agency.

3. CLOSED SESSION: (City/Successor Agency):

It is the intent of this governing body to meet in closed session to review its position and to instruct its designated representatives: Any person may directly address the Council/Agency at this time on items of interest regarding Closed Session.

A. PENDING LITIGATION (Government Code § 54956.9).

Conference with legal counsel – ANTICIPATED LITIGATION (Government Code § 54956.9(d)).

Significant exposure to litigation (Government Code § 54956.9(d)(2)).

Number of potential cases is: 1
B. Conference with Real Property Negotiator(s) (Government Code § 54956.8).

It is the intent of this governing body to meet in Closed Session to confer with its real property negotiator(s) concerning the purchase, sale, exchange, or lease of real property by or for this agency as follows:

Property Description: APN: 038-290-028-000
Negotiator(s): City Manager/City Attorney
Party with whom negotiating Avenal Sand Drags Association, Inc.

Instructions to negotiator concerning: Terms of Payment.

C. Personnel (Government Code §54957(b)).

Consider Public Employee Performance Evaluation for the Position of:
• City Manager

4. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:

Any person may directly address the Council/Agency at this time on any item on the agenda or on any other items of interest to the public that is within the subject matter jurisdiction of the City Council/Successor Agency. State Law prohibits any member of the Council/Agency from commenting or acting on matters not on the agenda. Three (3) minutes are allowed per person.

5. CONSENT CALENDAR:

All items listed under the consent calendar are routine and enacted by one motion: (Action).

A. Consider City of Avenal/Successor Agency’s Approval of Minutes for April 13, 2023.

B. Consider February 2023 Estimated Cash and Financial Statements - prepared By Price Paige & Company.

C. Consider SB 1 Project List for Road Maintenance and Rehabilitation Account Funding "The Road Repair and Accountability Act of 2017: (Resolution 2023-22).

D. Consider Agreement Between the City of Avenal and the County of Kings for the Preparation of the Sixth Cycle Multi-Jurisdictional Housing Element Update.

E. Consider Adoption of New and Updated Conflict of Interest Code. (Resolution 2023-23).

April 27, 2023 Pg. 1

6. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION:

A. Special Recognition: Jim Clark & Golden Hills Adult School, Vocational Building Maintenance Class, Avenal State Prison, for their contributions to the Avenal Community Garden project.

B. Special Recognition: Lieutenant James Campbell, Avenal State Prison, for collaborating with the City of Avenal on numerous projects and retiring after 20 years of service to CDCR.

7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

1. Recreation Department Activity Report: Shelia Verdugo, Community Activities Supervisor.

2. Community & Economic Development Report: Kao Nou Yang, Director

3. Police Department Activity Report: Robert Nevarez, Chief of Police B. Special Presentations/Reports:
1) None.

8. PUBLIC HEARING(s):

A. None.

9. OLD BUSINESS:

A. Consider Ending Local Emergency Declared on May 27, 2021: (Discussion/Action).

10. NEW BUSINESS:

1. None.

11. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:
• Upcoming/Future Agenda Items to Consider.
• Correspondence/Announcements/Information/Closing Comments.

12. ADJOURNMENT:
1) 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 (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.02.35.1044 AA Title II]. 2) Materials related to an item on this Agenda submitted to the [Council/ Authority] after distribution of the agenda packet are available for public inspection in the [City Clerks] office at 919 Skyline Blvd., Avenal, CA 93204 during normal business hours.

I certify this Agenda of the City of Avenal City Council workshop is to be posted at the following locations: 1) City Council Chambers, Avenal Theater 233 E. Kings St.; 2) City Hall 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; and 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 on, April 24, 2023.
__ /s/ Maria Ortiz
Maria Ortiz, City Clerk
April 27, 2023 Pg. 2

CIUDAD DE AVENAL
"Capital Mundial del Pistacho®"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL/AGENCIA
SUCESORA/PFA 27 DE ABRIL DE 2023; 5:15 P.M.

AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA A TRAVÉS DE VIDEO/CONFERENCIA WEB DE ZOOM :

Enlace web: bit.ly/AvenalCouncil o utilizar https://us02web.zoom.us/j/87243440488 O llamando al +1 669 900 6833 y use el ID de reunión 872 4344 0488 para unirse.

Sesión de estudio: NINGUNA
ÚLTIMA ORDENANZA: 2022-06 CIUDAD ÚLTIMA RESOLUCIÓN: 2023-21 (SA) ÚLTIMA RESOLUCIÓN : 2023-01 PFA ÚLTIMA RESOLUCIÓN: 2022-02 AGENDA

1. LLAMADO AL ORDEN Y JURAMENTO DE LEALTAD:

2. PASE LISTA: Concejales: Louis Gravelle, Ricardo Verdugo, Pablo Hernández, Alcalde interino Alejandro Ramírez; Alcalde Álvaro Preciado.

SECRETARIO MUNICIPAL:

Sección 54952.3 del Código de Gobierno: Los miembros del Concejo Municipal / Agencia Sucesora tienen derecho a recibir un total de $ 300.00 por mes debido a haber sido elegidos para el Concejo Municipal. No reciben ninguna otra compensación por sentarse como miembros de la Agencia sucesora.

3. SESIÓN CERRADA: (Ciudad/ Agencia sucesora):

La intención de este órgano rector es reunirse a puerta cerrada para revisar su posición e instruir a sus representantes designados:

Cualquier persona puede dirigirse directamente al Consejo/Agencia en este momento sobre temas de interés relacionados con la sesión privada.

A. LITIGIO PENDIENTE (Código de Gobierno § 54956.9).

Conferencia con asesor legal – LITIGIO ANTICIPADO (Código de Gobierno § 54956.9(d)).

Exposición significativa a litigios (Código de Gobierno § 54956.9(d)(2)).

El número de casos potenciales es: 1
B. Conferencia con Negociador(es) de Bienes Inmuebles (Código de Gobierno § 54956.8).

Es la intención de este órgano rector reunirse en sesión cerrada para consultar con su(s) negociador(es) de bienes inmuebles sobre la compra, venta, intercambio o arrendamiento de bienes inmuebles por o para esta agencia de la siguiente manera :

Descripción de la propiedad: APN: 038-290-028-000
Negociador(es): Administrador de la Ciudad/Abogado de la Ciudad Parte con la que negocia Avenal Sand Drags Association, Inc.

Instrucciones al negociador sobre: Condiciones de pago.

C. Personal (Código de Gobierno §54957(b)).

Considere la evaluación del desempeño de los empleados públicos para el puesto de:
• Administrador de la ciudad

4. COMENTARIOS PÚBLICOS/ANUNCIOS Y APARICIONES NO PROGRAMADAS:

Cualquier persona puede dirigirse directamente al Consejo / Agencia en este momento sobre cualquier tema de la agenda o sobre cualquier otro tema de interés para el público que esté dentro de la jurisdicción del Concejo Municipal / Agencia sucesora. La ley estatal prohíbe a cualquier miembro del Consejo / Agencia comentar o actuar sobre asuntos que no están en la agenda. Se permiten tres (3) minutos por persona.

5. CALENDARIO DE CONSENTIMIENTO:

Todos los elementos enumerados en el calendario de consentimiento son rutinarios y promulgados por una moción: (Acción).

A. Considere la aprobación de las actas de la Ciudad de Avenal / Agencia Sucesora para el 13 de abril de 2023.

B. Considere los estados financieros y de efectivo estimados de febrero de 2023, preparados por Price Paige & Company.

April 27, 2023 Pg. 3
C. Considere la lista de proyectos SB 1 para el financiamiento de la Cuenta de Mantenimiento y Rehabilitación de Carreteras "La Ley de Reparación y Responsabilidad de Carreteras de 2017:
(Resolución 2023-22 ).

D. Considere el acuerdo entre la ciudad de Avenal y el condado de Kings para la preparación de la actualización del elemento de vivienda multijurisdiccional del sexto ciclo.

E. Considerar la adopción de un código de conflicto de intereses nuevo y actualizado. (Resolución 2023-23).

6. ALCALDE Y CONCEJAL / AGENCIA SUCESORA / ARTÍCULOS PARA CONSIDERATION:

A. Reconocimiento especial: Jim Clark & Golden Hills Adult School, Vocational Building Maintenance Class, Avenal State Prison, por sus contribuciones al proyecto Avenal Community Garden.

B. Reconocimiento especial: Teniente James Campbell, Prisión Estatal de Avanal, por colaborar con la Ciudad de Avenal en numerosos proyectos y retirarse después de 20 años de servicio al CDCR.

7. INFORMES DE ACTIVIDADES/PRESENTACIONES ESPECIALES E INFORMES DE COMITÉS:

A. Informes de actividad:

1. Informe de Actividades del Departamento de Recreación: Shelia Verdugo, Supervisora de Actividades Comunitarias.

2. Informe sobre la comunidad y el desarrollo económico: Kao Nou Yang, Director

3. Informe de Actividades del Departamento de Policía: Robert Nevarez, Jefe de Policía B. Presentaciones especiales/informes:
1) Ninguno.

8. AUDIENCIA(s) PÚBLICA(s):

A. Ninguno.

9. NEGOCIO ANTIGUO:

A. Considere poner fin a la emergencia local declarada el 27 de mayo de 2021: (Discusión / Acción).

10. NUEVOS NEGOCIOS:

1. Ninguno.

11. CORRESPONDENCIA/ANUNCIOS/ COMENTARIOS FINALES:
• Temas del programa próximos/futuros que han de examinarse. • Correspondencia/Anuncios/Información/ Comentarios finales.

12. APLAZAMIENTO:
1) En cumplimiento con la Ley de Estadounidenses con Discapacidades, si necesita asistencia especial para participar en esta reunión, comuníquese con la Oficina del Secretario de la Ciudad (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204. La notificación 48 horas antes de la reunión permitirá a la ciudad hacer arreglos razonables para garantizar la accesibilidad a esta reunión [28 CFR

35.02.35.1044 AA Título II].
2) Los materiales relacionados con un tema de esta Agenda presentados al [Consejo/Autoridad] después de la distribución del paquete de agenda están disponibles para inspección pública en la oficina de [Secretarios de la Ciudad] en 919 Skyline Blvd., Avenal, CA 93204 durante el negocio normal horas.

Certifico que este taller de Agenda del Ayuntamiento de la Ciudad de Avenal se publicará en los siguientes lugares: 1) Cámaras del Concejo Municipal, Teatro Avenal 233 E. Kings St.; 2) Ayuntamiento 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; y 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 el 24 de abril de 2023.
__/s/ María Ortiz
Maria Ortiz, Secretaria Municipal
April 27, 2023 Pg. 4

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
APRIL 13, 2023; 5:15 P.M.

AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA VIA ZOOM VIDEO/WEB CONFERENCING:

Web Link: bit.ly/AvenalCouncil or use https://us02web.zoom.us/j/87243440488 Or by calling +1 669 900 6833 and use meeting ID 872 4344 0488 to join.

MINUTES
CALL TO ORDER & PLEDGE OF ALLEGIANCE: by Mayor Preciado at 5:15 p.m.

ROLL CALL: Councilmembers: Ricardo Verdugo left meet 6:15 p.m., Pablo Hernandez, Mayor Alvaro Preciado, Mayor Pro Tem Ramirez, Councilman Luis Gravelle.

ABSENT: None.

STAFF: Lopez, Ortiz, Bermudez, Davis, Nevarez, Williams, Yang.

LEGAL COUNCEL: Moses Diaz.

CITY CLERK:

The City Council went into Closed Session at 5:19 p.m.

CLOSED SESSION: (City/Successor Agency):

A. PENDING LITIGATION (Government Code § 54956.9).

It is the intention of this governing body to meet in closed-session concerning Conference with legal counsel – ANTICIPATED LITIGATION (Government Code § 54956.9(d)).

Initiation of litigation (Government Code § 54956.9(d)(4)).

Number of potential cases is: _1_
B. Conference with Real Property Negotiator(s) (Government Code § 54956.8).

Property Description: APN: 038-290-028-000 Negotiator(s):

City Manager/City Attorney Party with whom negotiating Avenal Sand Drags Association, Inc.

Instructions to negotiator concerning: Terms of Payment.

C. PENDING LITIGATION (Government Code § 54956.9).

It is the intention of this governing body to meet in closed-session concerning Conference with legal counsel – ANTICIPATED LITIGATION (Government Code § 54956.9(d)1)).

Parties, case/claim no: North Coast Rivers Alliance et al. v. United States Bureau of Reclamation, et al. (United States District Court, Case No. 1:16-cv-00307-JLT-SKO Mayor Preciado re-opened the City Council meeting at 6:09 p.m. and reported the following: The City Council approved temporary agreement for $1,000 with the Avenal Sand Drag Association for parking at the Spring 2023 event.

Councilman Gravelle motioned to approve temporary agreement for $1,000 with the Avenal Sand Drag Association for parking at the Spring 2023 event, second by Councilman Hernandez and motioned carried.

Roll Call Vote:

AYES: Gravelle, Hernández, Verdugo, Ramirez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

AGENDA ITEM NO. 5. – A.

April 27, 2023 Pg. 5
Joint Meeting City Council/Successor Agency/PFA – April 13, 2023

Page 2 of 4 ends

PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:

Special Recognition – Avenal Police Department: Officer Mariano Sanchez Chief Nevarez presented Mariano Sanchez plaque for his hard work, dedication and going above and beyond the call of duty when organizing a Block Party at Whitney St. & Corcoran Ave. His first time organizing this type of party and it was great and will be remembered by the community. Also, Cynthia Morales will conducting the next Block Party with Officer Sanchez help. City Manager Lopez commended Officer Sanchez.

Moses Diaz, City Attorney announced new attorney Regina Gonzalez 19-year of experience and will be helping with Planning Commission and other items. City Council & Staff welcomed Ms. Gonzalez to Avenal. Ms. Gonzalez stated that she is looks forward in working for City of Avenal.

CONSENT CALENDAR:

All items listed under the consent calendar are routine and enacted by one motion: (Action).

A. Consider City of Avenal/Successor Agency’s Approval of Minutes for: March 23, 2023.

B. Consider Authorizing a Deed Restriction to Parcel APN: 040-204-011-000 as part of 2018 Parks Bond Act Per Capita Grant Program: Resolution 2023-19.

Council Member/Successor Agency Member Gravelle motioned to approve Consent Calendar, seconded by Council Member/Successor Agency Member Hernandez, and motion carried.

RESOLUTION NO. 2023-19: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AMENDING THE COMPREHENSIVE SALARY SCHEDULE TO MEET THE CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 570.5 AND 571, AND MIMIUM WAGE, TO REFLECT APPROVED RATES FOR ALL CLASSIFIED EMPLOYEES OF THE CITY OF AVENAL. Councilman Gravelle, motioned to approve, second by Councilman Hernandez and motion carried.

Roll Call Vote:

AYES: Gravelle, Hernández, Verdugo, Ramirez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

MAYOR & COUNCIL MEMBERS/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION:

1. Discussion on Major Projects List & Hirings:

City Manager Lopez mentioned that this item staff went over with the City Council regarding Major Projects List & Hiring. Also, an updated list with each department working with City Manager to update the Major Projects list. I've been working with our department heads. We've broken it up. Separate pages for each department and kind of projects, creative projects for the year. The council should be aware of and. Yeah. Kind of see where we're at, what's going on. Also, we'll have list of kind of some of the To Do List of projects we need to get started. But maybe we're just not at that point yet, haven't had the bandwidth for it. So I don't believe there'll be any questions. And as I stated, my plan is to bring this at the top of each month. So next meeting we won't have it. For the following meeting we will.

ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

1. Public Works/Code Enforcement/Animal Control Departments Activity Report: Rob Williams, Public Works Director.

Scott Davis, Public Works Supervisor, reported on the following: 1) Code Enforcement; 2) Park & Landscaping; 3) Streets; 4) Water Distribution; 5) Wastewater Collection; and 6) Vehicle, Equipment, & Building Maintenance.

2. IT Department Activity Report: Humberto Bermudez, IT Manager.

Humberto Bermudez, IT Manager reported the following: 1) Internet Access; 2) Phone System; 3) Server; 4) City Clerk software; and 5) Others: Deploys a configuration profile for City-owned smartphones designed to prevent activation locks, jailbreaking, allow for remote locking in the event of misplacement or unauthorized use, and remote deployment of work-related applications without the need of an Apple ID. -Converted ADT’s POTS-based alarm system over to their mobile-based offering. -Repairs camera system at Veterans Hall -Uses Veteran’s Hall RFID fob entry configuration to repair City Hall’s fob entry system. -Continues to work with April 27, 2023 Pg. 6
Joint Meeting City Council/Successor Agency/PFA – April 13, 2023

Page 3 of 4 ends

KCAG to allow regular remote viewing and participation of their monthly meetings -Continues to maintain the city website and provide tech support across all facilities. - Attends Kings County Multi-Jurisdictional Hazard Mitigation Plan with other department heads. -Attends meeting w/ Kings County Behavior Health regarding digital signage around the City.

B. Special Presentations/Reports:
1) None.

PUBLIC HEARING(s):

A. None.

OLD BUSINESS:

A. Consider Extending Local Emergency Declared on May 27, 2021:

City Manager Lopez reported that the Local Emergency due to the existence or threatened existence of a local emergency: Severe Water Shortage. The declaration is required to be reviewed to consider the following action: 1) reaffirm that a local emergency continues to exist; or, 2) make a finding that a local emergency no longer exists. Staff is recommending the City Council consider the following action by motion:

Approve and support the ongoing local emergency Resolution, and specifically, move to renew the emergency Resolution by sixty (60) days, unless a Councilmember or member of the public request that the Council convene to consider the ongoing emergency Resolution, at which time a special meeting would be scheduled.

Councilman Gravelle, motioned to approve, second by Councilman Hernandez and motion carried.

Roll Call Vote:

AYES: Gravelle, Hernández, Verdugo, Ramirez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

NEW BUSINESS:

A. Consider Review and Update of City Salary Schedule for Classified Staff: Griselda Price, Director of Administrative Services. Resolution 2023-20. (Discussion/Action).

Griselda Price, Director of Administrative Services reported that The California Code of Regulations (CCR) Section 570.5 and amendments to 571(b) require a consolidated Salary Schedule which shows all City classifications and salary ranges for purposes of determining eligible salary compensation for retirement be publicly available. The consolidated salary schedule must be adopted by the City Council even though compensation changes are typically approved via a Memorandum of Understanding and/or employee salary and benefit Resolutions. The attachment to Resolution 2023-20 represents the Amended City Salary Schedule including wage increases for approval. Since 2017, California has implemented scheduled increases to the minimum wage.

The final increase for employers with twenty-six (26) or more employees based on this schedule was effective January 1, 2022, increasing the minimum wage to $15.00 per hour. Up to this year, all City positions were just above $15.00 minimum wage threshold.

However, due to inflation, the new law automatically implemented a .50¢ increase starting January 1, 2023, which places Ranges A - C.5 out of compliance. Historically, since Esther Strong was the Administrative Analyst, the City would accordingly focus on bump up those ranges as minimum wage was raised. Currently no employee is being paid below minimum wage. As Council is aware, Staff does intend to conduct a salary comparison analysis to ensure City wage offerings are competitive with similar and neighboring jurisdictions.

Staff recommends by Resolution, adopt the amended City of Avenal Salary Schedule for Classified Staff for FY 2022-2023.

RESOLUTION 2023-20: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AMENDING THE COMPREHENSIVE SALARY SCHEDULE TO MEET THE CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 570.5 AND 571, AND MIMIUM WAGE, TO REFLECT APPROVED RATES FOR ALL CLASSIFIED EMPLOYEES OF THE CITY OF AVENAL. Councilman Gravelle, motioned to approve, second by Councilman Hernandez and motion carried.

Roll Call Vote:

AYES: Gravelle, Hernández, Verdugo, Ramirez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

April 27, 2023 Pg. 7
Joint Meeting City Council/Successor Agency/PFA – April 13, 2023

Page 4 of 4 ends

B. Consider Proposals for Consultation Services to Provide Prop 218 Rate Study for Refuse Collection and Street Sweeping Enterprise Funds:

City Manager Lopez reported that the City’s contracts with Midvalley Disposal to act as the City’s solid waste refuse hauler, and street sweeper operator. These services operate under their own enterprise account which means the money the City collects from utility bills, should pencil out the cost of the service from Midvalley. Over the years, new rules and laws have added requirements to solid refuse haulers like Midvalley which they have to adhere to, most notably SB1383 Organics, dictating the collection of organic materials away from typical landfills. Understandably this means more costs on the City and the end user. Now that the City’s agreement with Midvalley from 2011 has expired and SB1383 requires all local jurisdictions have updated agreements which reflect all the new laws and requirements, is it time to review and update the fee schedule for refuse hauling and street sweeping.

As per the City Attorney’s advice, the City must conduct a Proposition 218 rate study for these services to ensure they are legally adopted. A rate study will be good for five years of rate changes, helping ensure the City’s balances remain in the black and not a deficit. Now is a good opportunity to begin the process of a new rate study that can go into effect after July 1, 2022. Conducting this study will also help with the improve the City’s bond rating if the City ever required to.

City Staff reached out to several firms, and received proposals for a Prop 218 water and wastewater study from one:
• Willdan Financial Services – Interested, no proposal yet. • SCS Engineers – No Response.
• Interstate Gas Services (IGS) – Total Cost Not to Exceed: $16,700 (Does not offer Noticing/Mailing, City would have to conduct that itself).

City Manager Lopez continues that although IGS does not offer to send out the notices for the public hearings, they will prepare the necessary paperwork. Given the overall costs, urgency to adopt new fees to adhere to SB 1383, and IGS’ success with the water/wastewater study, Staff recommends that Council Authorize the City Manager to negotiate and execute an agreement with Interstate Gas Services, Inc. DBA IGService (IGS) for the purpose of IGS conducting a Proposition 218 Rate Study for the City’s Recycling, Refuse Collection and Street Sweeping Enterprise Funds. It will be drawn from the Enterprise Recycle and Refuse Professional Services Fund: 16.1-14100-655 & 16.2-15100-655 RESOLUTION 2023-21: ENTERING INTO AN AGREEMENT WITH INTERSTATE GAS SERVICES, INC. DBA IGSERVICE (IGS) FOR PROPOSITION 2018-COMPLIANT RATE STUDY FOR THE CITY’S RECYCLING, REFUSE COLLECTION AND STREET SWEEPER ENTERPRISE. Councilman Gravelle, motioned to approve, second by Councilman Hernandez and motion carried.

Roll Call Vote:

AYES: Gravelle, Hernández, Verdugo, Ramirez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

Maria Ortiz, City Clerk reported the following: 1) April 21st Grand Jury Open House 11AM – 2PM; 2) May 12th Change of command Ceremony at 700 Avenger Ave. Naval Air Station Lemoore CA; 3) Save the date May 10, 2023; 4) City-County Coordinating Meeting Hanford.

City Manager Lopez reported that April 29th Veterans Memorial Ceremony City of Corcoran. Thanked the City Council for a speedy meeting.

Mayor Preciado reported the following: 1) went to conference and will update next meeting.

ADJOURNMENT:

There being no further business the City Council meeting was adjourned at 7:10 p.m.

Respectfully submitted,
Maria Ortiz, City Clerk
April 27, 2023 Pg. 8
March 2023 Bank Reconciliation
Bank Balance
Opening Balance 13,792,236.45
Deposits 829,050.41
Withdrawls (1,049,675.38)
Ending Balance 13,571,611.48
Check -
Less: Outstanding Checks
Operating (61,896.37)
Total Outstanding Checks (61,896.37)
Estimated Ending Bank Balance 13,509,715.11
April 27, 2023 Pg. 9
Red = Interest Earned
City Accounts
Bank Account Fast CU FAST CU LAIF PayPal
General RDA 98-16-040 Total
Beginning Balance 10,184,100.72 164,325.36 3,443,810.37 13,792,236.45 Deposits 828,947.41 6.98 - 96.02 829,050.41
Withdrawals (1,049,579.36) - - (96.02) (1,049,675.38)
Ending Balance 9,963,468.77 164,332.34 3,443,810.37 - 13,571,611.48 9,963,468.77 164,332.34 3,443,810.37
- - - - -
Interest - 6.98 -
April 27, 2023 Pg. 10
Outstanding Checks 61,896.37
Outstanding Wire -
Total Outstanding 61,896.37
CHECK NUMBER ISSUE DATE VENDOR STATUS CHK_STATUS NO LABEL TOTAL DESCRIPTION Cleared/Outstanding Amount Amount Check 2019 3/2/23 AQUA NATURAL SOLUTIONS O 5,397.68 Quick Check 2019 5,397.68 - 2020 3/2/23 Amazon Capital Services O 568.36 Regular 2020 568.36 - 2021 3/2/23 AVENAL LUBE AND TIRE O 624.76 Regular 2021 624.76 - 2022 3/2/23 BSK ASSOCIATES O 833.00 Regular 2022 833.00 - 2023 3/2/23 CHEM TRADE CHEMICALS U.S LLC O 7,309.79 Regular 2023 7,309.79 - 2024 3/2/23 ERVIN'S TRUE VALUE O 343.11 Regular 2024 343.11 - 2025 3/2/23 INFOSEND, INC O 1,769.08 Regular 2025 1,769.08 - 2026 3/2/23 KELLER FORD O 51.60 Regular 2026 51.60 -
2027 3/2/23 ODP Business Solutions LLC O 119.24 Regular 2027 119.24 - 2028 3/2/23 PLAIN INSANE GRAPHICS O 493.20 Regular 2028 493.20 - 2029 3/2/23 PUBLIC INTEREST LAW FIRM O 1,539.00 Regular 2029 1,539.00 - 2030 3/2/23 R.L. HASTINGS & ASSOCIATES, LL O 6,200.00 Regular 2030 6,200.00 - 2031 3/2/23 SPARKLETTS O 26.30 Regular 2031 26.30 -
2032 3/2/23 T&T PAVEMENT MARKINGS & PRODUC O 3,673.31 Regular 2032 3,673.31 - 2033 3/2/23 TELSTAR INSTRUMENTS, INC. O 3,166.00 Regular 2033 3,166.00 - 2034 3/2/23 US BANK EQUIPMENT FINANCE O 1,264.52 Regular 2034 1,264.52 - 2035 3/2/23 VALLEY OXYGEN INC. O 116.74 Regular 2035 116.74 - 2036 3/3/23 Amazon Capital Services O 1,866.57 Regular 2036 1,866.57 - 2037 3/3/23 AMERICAN FIDELITY O 2,499.36 Regular 2037 2,499.36 - 2038 3/3/23 ARAMARK O 2,990.73 Regular 2038 2,990.73 -
2039 3/3/23 AYERS DIST. CO. O 1,740.00 Regular 2039 1,740.00 - 2040 3/3/23 BSK ASSOCIATES O 669.00 Regular 2040 669.00 - 2041 3/3/23 Christopher Pelletier O 28.95 Regular 2041 28.95 - 2042 3/3/23 Cintas Corp O 439.47 Regular 2042 439.47 -
2043 3/3/23 COLONIAL LIFE & ACCIDENT INS. O 264.42 Regular 2043 264.42 - 2044 3/3/23 DEPT. OF ENERGY WAPA O 46,940.57 Regular 2044 46,940.57 - 2045 3/3/23 Efrain Zepeda O 100.00 Regular 2045 100.00 - 2046 3/3/23 LEGAL SHIELD O 179.60 Regular 2046 179.60 - 2047 3/3/23 Life-Assist, Inc. O 4,114.86 Regular 2047 4,114.86 - 2048 3/3/23 ODP Business Solutions LLC O 1,045.71 Regular 2048 1,045.71 - 2049 3/3/23 PLAIN INSANE GRAPHICS O 634.03 Regular 2049 634.03 - 2050 3/3/23 Robert A. Nevarez O 1,876.05 Regular 2050 1,876.05 - 2051 3/3/23 SAN JOAQUIN PEST CONTROL O 45.00 Regular 2051 45.00 - 2052 3/3/23 SELF HELP ENTERPRISES, INC. O 10,830.10 Regular 2052 10,830.10 - 2053 3/3/23 Sierra Education & Research O 600.00 Regular 2053 600.00 - 2054 3/3/23 SPECIALTY CONSTRUCTION, INC O 103,591.80 Regular 2054 103,591.80 - 2055 3/3/23 SUMMERS ENGINEERING INC O 30,320.81 Regular 2055 30,320.81 - 2056 3/3/23 Tamaya Bates O 300.24 Regular 2056 300.24 - 2057 3/3/23 THE CRISCOM COMPANY O 4,000.00 Regular 2057 4,000.00 - 2058 3/9/23 COUNTY OF KINGS O 65.00 Quick Check 2058 65.00 - 2059 3/10/23 AT & T O 84.89 Regular 2059 84.89 -
2060 3/10/23 BILLINGSLEY TIRE SERVICE O 417.18 Regular 2060 417.18 - 2061 3/10/23 C.L.E.A O 27.00 Regular 2061 27.00 -
2062 3/10/23 CalAnimals O 100.00 Regular 2062 100.00 -
2063 3/10/23 CITY OF AVENAL O 129.31 Regular 2063 129.31 - 2064 3/10/23 CORE & MAIN O 474.91 Regular 2064 474.93 (0.02) 2065 3/10/23 COUNTY OF KINGS IT DEPT. O 3,076.19 Regular 2065 3,076.19 - 2066 3/10/23 DEPARTMENT OF CONSERVATION O 98.80 Regular 2066 98.80 - 2067 3/10/23 DEPARTMENT OF INDUSTRIAL RELAT O 125.00 Regular 2067 125.00 - 2068 3/10/23 EMPLOYMENT DEVELOPMENT DEPT. O 2,215.10 Regular 2068 2,215.10 - 2069 3/10/23 ERVIN'S TRUE VALUE O 1,180.63 Regular 2069 1,180.63 - 2070 3/10/23 EVANGELHO SEED & FARM STORE O 34.48 Regular 2070 34.48 - 2071 3/10/23 GCS ENVIRONMENTAL EQUIPMENT SE O 1,594.36 Regular 2071 1,594.36 - 2072 3/10/23 IDEAS PRINTING AND GRAPHICS O 158.41 Regular 2072 158.41 - 2073 3/10/23 Kristy L. Klein, Ph.D. O 525.00 Regular 2073 525.00 - 2074 3/10/23 Miller's Rentalland, Inc. O 225.00 Regular 2074 225.00 - 2075 3/10/23 NTU TECHNOLOGIES INC. O 19,747.80 Regular 2075 19,747.80 - 2076 3/10/23 P G & E O 711.20 Regular 2076 711.20 -
2077 3/10/23 P G & E O 42,855.71 Regular 2077 42,855.71 - 2078 3/10/23 PRICE PAIGE & COMPANY O 11,563.00 Regular 2078 11,563.00 - 2079 3/10/23 QUAD KNOPF, INC. O 960.78 Regular 2079 960.78 - 2080 3/10/23 Raul Felix O 13,285.00 Regular 2080 13,285.00 - 2081 3/10/23 SAN JOAQUIN VALLEY WATER O 3,111.00 Regular 2081 3,111.00 - 2082 3/10/23 SUPERION, LLC O 4,937.69 Regular 2082 4,937.69 - 2083 3/10/23 TERRY JOHNSON TRUCKING INC. O 495.93 Regular 2083 495.93 - 2084 3/10/23 TPX COMMUNICATIONS O 712.03 Regular 2084 712.03 - April 27, 2023 Pg. 11
2085 3/10/23 VERIZON WIRELESS
O 1,614.93 Regular 2085 1,614.93 -
2086 3/10/23 WEST HILLS OIL, INCO 8,429.30 Regular 2086 8,429.30 - 2087 3/10/23 WESTSIDE SUPPLYO 204.00 Regular 2087 204.00 - 2088 3/16/23 ASSOCIATED COMPRESSOR & EQUIPO 1,945.04 Regular 2088 1,945.04 - 2089 3/16/23 AT & TO 84.89 Regular 2089 84.89 -
2090 3/16/23 AT&TO 5,899.22 Regular 2090 5,899.22 -
2091 3/16/23 Brian SpencerO 250.00 Regular Outstanding Outstanding - 2092 3/16/23 BSK ASSOCIATESO 1,014.00 Regular 2092 1,014.00 - 2093 3/16/23 ODP Business Solutions LLCO 173.02 Regular 2093 173.02 - 2094 3/16/23 Pablo Piceno HernandezO 100.00 Regular Outstanding Outstanding - 2095 3/16/23 R.L. HASTINGS & ASSOCIATES, LLO 1,500.00 Regular 2095 1,500.00 - 2096 3/16/23 Ross Family Properties LLC.O 3,400.00 Regular Outstanding Outstanding - 2097 3/16/23 S & R FARM SUPPLIESO 470.29 Regular 2097 470.29 - 2098 3/16/23 SWRCB-DWOCPO 230.00 Regular 2098 230.00 -
2099 3/16/23 TJ LAW & ASSOC. INVESTIGATIONSO 2,800.00 Regular 2099 2,800.00 - 2100 3/16/23 WEST HILLS OIL, INCO 2,963.02 Regular 2100 2,963.02 - 2101 3/16/23 WHEAT LAND, INC.O 7,500.00 Regular 2101 7,500.00 - 2102 3/20/23 Advantage Medical CompanyO 597.50 Regular 2102 597.50 - 2103 3/20/23 Amazon Capital ServicesO 372.23 Regular 2103 372.23 - 2104 3/20/23 AUSTIN RODRIGUESO 561.00 Regular 2104 561.00 - 2105 3/20/23 AVAYA INC.O 13.95 Regular 2105 13.95 -
2106 3/20/23 BILLIE STRYDO 204.00 Regular Outstanding Outstanding - 2107 3/20/23 BRENNTAG PACIFIC INCO 4,927.60 Regular 2107 4,927.60 - 2108 3/20/23 BSK ASSOCIATESO 1,481.00 Regular 2108 1,481.00 - 2109 3/20/23 C.R.W.A.O 2,220.00 Regular 2109 2,220.00 - 2110 3/20/23 CA DEPT. OF TAX & FEE ADMIN.O 5,151.15 Regular 2110 5,151.15 - 2111 3/20/23 Christopher PelletierO 255.00 Regular 2111 255.00 - 2112 3/20/23 CITY OF FRESNOO 115.00 Regular 2112 115.00 - 2113 3/20/23 DEPT. OF ENERGY WAPAO 334.16 Regular 2113 334.16 - 2114 3/20/23 DEPT. OF JUSTICE ACCT. OFFICEO 328.00 Regular 2114 328.00 - 2115 3/20/23 FRESNO CITY COLLEGEO 75.00 Regular 2115 75.00 - 2116 3/20/23 FRESNO CITY COLLEGEO 186.00 Regular Outstanding Outstanding - 2117 3/20/23 FRESNO CITY COLLEGEO 299.00 Regular Outstanding Outstanding - 2118 3/20/23 FRESNO CITY COLLEGEO 105.00 Regular Outstanding Outstanding - 2119 3/20/23 FRESNO CITY COLLEGEO 105.00 Regular Outstanding Outstanding - 2120 3/20/23 INFOSEND, INCO 1,624.49 Regular 2120 1,624.49 - 2121 3/20/23 Jesus MendezO 51.00 Regular Outstanding Outstanding - 2122 3/20/23 Jose GonzalesO 255.00 Regular Outstanding Outstanding - 2123 3/20/23 Joshua AlvaradoO 255.00 Regular 2123 255.00 - 2124 3/20/23 Leonard LujanO 1,224.00 Regular 2124 1,224.00 - 2125 3/20/23 Miguel GracidaO 102.00 Regular Outstanding Outstanding - 2126 3/20/23 P G & EO 36,952.28 Regular 2126 36,952.28 - 2127 3/20/23 Robert A. NevarezO 255.00 Regular 2127 255.00 - 2128 3/20/23 SHAW'S AIR COND & HTG, INCO 677.75 Regular 2128 677.75 - 2129 3/20/23 SPARKLETTSO 76.76 Regular 2129 76.76 -
2130 3/20/23 SUPERION, LLCO 4,937.69 Regular 2130 4,937.69 - 2131 3/20/23 TELSTAR INSTRUMENTS, INC.O 1,074.00 Regular 2131 1,074.00 - 2132 3/20/23 THATCHER COMPANY, INCO 9,209.55 Regular 2132 9,209.55 - 2133 3/22/23 NEW YORK LIFE INSURANCE CO.O 289.52 Regular 2133 289.52 - 2134 3/22/23 PUBLIC INTEREST LAW FIRMO 16,906.50 Regular 2134 16,906.50 - 2135 3/24/23 ADT SECURITY SERVICESO 925.16 Regular Outstanding Outstanding - 2136 3/24/23 ALISHA CASTROO 450.00 Regular Outstanding Outstanding - 2137 3/24/23 AVENAL TOWINGO 250.00 Regular Outstanding Outstanding - 2138 3/24/23 Benjamin HansenO 90.60 Regular Outstanding Outstanding - 2139 3/24/23 CITY OF AVENALO 51.00 Regular 2139 51.00 - 2140 3/24/23 COOKS COMMUNICATION CORPO 76.15 Regular 2140 76.15 - 2141 3/24/23 DILLS AUTO SUPPLYO 4,260.15 Regular 2141 4,260.15 - 2142 3/24/23 Efrain ZepedaO 100.00 Regular 2142 100.00 - 2143 3/24/23 Estaban LaraO 250.00 Regular Outstanding Outstanding - 2144 3/24/23 FABIAN JIMENEZO 1,250.00 Regular Outstanding Outstanding - 2145 3/24/23 Guadalupe CelisO 306.00 Regular Outstanding Outstanding - 2146 3/24/23 IDY TORRES BARRERAO 14.32 Regular Outstanding Outstanding - 2147 3/24/23 Jason D. HarperO 550.00 Regular Outstanding Outstanding - 2148 3/24/23 JAMES HORNO 150.00 Regular Outstanding Outstanding - 2149 3/24/23 KELLER FORDO 1,998.88 Regular Outstanding Outstanding - 2150 3/24/23 Leticia EspinozaO 250.00 Regular Outstanding Outstanding - 2151 3/24/23 Life-Assist, Inc.O 75.25 Regular Outstanding Outstanding - 2152 3/24/23 Monica VarajasO 250.00 Regular Outstanding Outstanding - 2153 3/24/23 Reptile Ron AnimalO 400.00 Regular Outstanding Outstanding - 2154 3/24/23 RMMC, LP C/O Armando BanuelosO 54.91 Regular Outstanding Outstanding - 2155 3/24/23 SEQUOIA EQUIPMENT CO., INC.O 389.51 Regular Outstanding Outstanding - 2156 3/24/23 WEST HILLS OIL, INCO 5,238.79 Regular Outstanding Outstanding - April 27, 2023 Pg. 12
Payroll checks are removed from this listing and are in the "payroll checks" tab POST DATE TRANSACTION AMT DRAFT NUMBER TRACE NUMBER Check (Oper) 3/31/23 100.00 2142 2142
3/31/23 4,260.15 2141 2141
3/31/23 76.15 2140 2140
3/31/23 115.00 2112 2112
3/31/23 2,220.00 2109 2109
3/31/23 230.00 2098 2098
3/31/23 51.00 2139 2139
3/31/23 470.29 2097 2097
3/31/23 3,076.19 2065 2065
3/30/23 76.76 2129 2129
3/30/23 255.00 2127 2127
3/30/23 255.00 2111 2111
3/30/23 561.00 2104 2104
3/29/23 255.00 2123 2123
3/29/23 75.00 2115 2115
3/29/23 328.00 2114 2114
3/29/23 5,151.15 2110 2110
3/28/23 16,906.50 2134 2134
3/28/23 4,937.69 2130 2130
3/28/23 677.75 2128 2128
3/28/23 1,224.00 2124 2124
3/28/23 334.16 2113 2113
3/28/23 4,927.60 2107 2107
3/28/23 13.95 2105 2105
3/28/23 5,899.22 2090 2090
3/28/23 1,594.36 2071 2071
3/27/23 479.00 9999 0
3/25/23 289.52 2133 2133
3/25/23 9,209.55 2132 2132
3/25/23 36,952.28 2126 2126
3/25/23 1,481.00 2108 2108
3/25/23 372.23 2103 2103
3/25/23 597.50 2102 2102
3/25/23 84.89 2089 2089
3/25/23 495.93 2083 2083
3/25/23 27.00 2061 2061
3/24/23 1,074.00 2131 2131
3/24/23 1,624.49 2120 2120
3/24/23 100.00 2062 2062
3/23/23 2,800.00 2099 2099
3/23/23 1,500.00 2095 2095
3/23/23 173.02 2093 2093
April 27, 2023 Pg. 13
3/23/23 98.80 2066 2066
3/22/23 7,500.00 2101 2101
3/22/23 2,963.02 2100 2100
3/22/23 1,014.00 2092 2092
3/22/23 1,945.04 2088 2088
3/22/23 204.00 2087 2087
3/22/23 14.00 1886 1886
3/22/23 548.70 1252 1252
3/21/23 4,937.69 2082 2082
3/21/23 960.78 2079 2079
3/21/23 42,855.71 2077 2077
3/21/23 711.20 2076 2076
3/21/23 100.00 2015 2015
3/18/23 1,614.93 2085 2085
3/18/23 1,180.63 2069 2069
3/18/23 84.89 2059 2059
3/18/23 600.00 2053 2053
3/17/23 19,747.80 2075 2075
3/17/23 225.00 2074 2074
3/17/23 474.93 2064 2064
3/16/23 712.03 2084 2084
3/16/23 3,111.00 2081 2081
3/16/23 525.00 2073 2073
3/16/23 2,215.10 2068 2068
3/16/23 125.00 2067 2067
3/16/23 417.18 2060 2060
3/16/23 7,309.79 2023 2023
3/15/23 8,429.30 2086 2086
3/15/23 13,285.00 2080 2080
3/15/23 11,563.00 2078 2078
3/15/23 158.41 2072 2072
3/15/23 34.48 2070 2070
3/15/23 129.31 2063 2063
3/15/23 46,940.57 2044 2044
3/15/23 439.47 2042 2042
3/15/23 2,499.36 2037 2037
3/15/23 2,056.58 2003 2003
3/15/23 1,385.25 1265 1265
3/15/23 5,612.04 1264 1264
3/14/23 65.00 2058 2058
3/14/23 30,320.81 2055 2055
3/14/23 1,045.71 2048 2048
3/14/23 4,114.86 2047 2047
3/14/23 179.60 2046 2046
3/14/23 100.00 2045 2045
3/14/23 264.42 2043 2043
3/14/23 1,740.00 2039 2039
3/14/23 1,866.57 2036 2036
April 27, 2023 Pg. 14
3/14/23 1,264.52 2034 2034
3/14/23 3,673.31 2032 2032
3/14/23 26.30 2031 2031
3/14/23 119.24 2027 2027
3/14/23 343.11 2024 2024
3/14/23 320.00 2008 2008
3/11/23 4,000.00 2057 2057
3/11/23 10,830.10 2052 2052
3/11/23 45.00 2051 2051
3/11/23 624.76 2021 2021
3/10/23 103,591.80 2054 2054
3/10/23 1,876.05 2050 2050
3/10/23 634.03 2049 2049
3/10/23 669.00 2040 2040
3/10/23 2,990.73 2038 2038
3/10/23 6,200.00 2030 2030
3/10/23 51.60 2026 2026
3/10/23 20,017.67 2012 2012
3/10/23 500.00 2010 2010
3/10/23 541.97 1260 1260
3/9/23 116.74 2035 2035
3/9/23 833.00 2022 2022
3/9/23 872.14 2009 2009
3/9/23 525.43 1262 1262
3/9/23 525.43 1261 1261
3/9/23 541.97 1259 1259
3/8/23 300.24 2056 2056
3/8/23 28.95 2041 2041
3/8/23 3,166.00 2033 2033
3/8/23 1,539.00 2029 2029
3/8/23 493.20 2028 2028
3/8/23 1,769.08 2025 2025
3/8/23 568.36 2020 2020
3/8/23 250.00 2014 2014
3/8/23 548.70 1258 1258
3/8/23 548.70 1256 1256
3/8/23 542.05 1251 1251
3/8/23 274.35 1244 1244
3/7/23 711.21 99990
3/7/23 5,375.02 2017 2017
3/7/23 14,257.33 2011 2011
3/7/23 548.70 1255 1255
3/7/23 457.25 1245 1245
3/4/23 5,996.64 49804 49804
3/4/23 5,397.68 2019 2019
3/4/23 950.12 2007 2007
3/4/23 406.00 2006 2006
3/4/23 545.89 1998 1998
April 27, 2023 Pg. 15
3/4/23 24,750.09 1845 1845
3/4/23 548.70 1254 1254
3/4/23 541.97 1250 1250
3/4/23 274.35 1243 1243
3/3/23 4,000.00 2016 2016
3/3/23 10,602.05 2013 2013
3/3/23 70.74 1993 1993
3/3/23 542.01 1263 1263
3/3/23 541.97 1257 1257
3/3/23 274.35 921 921
3/2/23 97,780.24 49805 49805
3/2/23 340.00 2002 2002
3/2/23 625.77 1999 1999
3/2/23 181.25 1995 1995
3/2/23 274.35 1246 1246
3/2/23 274.35 1242 1242
April 27, 2023 Pg. 16
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. B
TO:

FROM:

DATE:

RE:

Honorable Mayor and City Council
Antony V. Lopez, City Manager & Scott Davis, Public Works Supervisor April 27, 2023
Consider SB 1 Project List for Road Maintenance and Rehabilitation Account Funding "The Road Repair and Accountability Act of 2017" INFORMATION·
The purpose of this report is to seek compliance with the State's accountability requirements for the use of SB1 funds. In Fiscal Year 2023/24, the City of Avenal expects to receive approximately $338,643 in SB1 funds and, according to California Department of Finance estimates, total funding in the amount of $4,346,170 over a ten-year period.

On April 28, 2017, the Governor signed Senate Bill1 (SB1), "The Road Repair and Accountability Act of 2017". Starting in November 2017, this bill began to generate new revenue for state and local transportation projects through increases in gasoline and diesel fuel excise tax, along with an increase in vehicle registration fees. Portions of the revenues will be directly allocated to cities for pavement maintenance, safety improvements, and "complete streets" (enhancing facilities for walking and bicycling). Other funding will be available on a competitive basis.

In order to receive direct allocations of annual SB1 revenues, all cities must adopt a City Council Resolution and submit a list of projects to the California Transportation Commission (CTC) by July 1, 2023, with information regarding the proposed use of funds related to location, scope, cost and expected useful life of the project.

SB 1 PROJECT LIST:

The SB 1 Project list was developed by Rob Williams, Public Works Director, Scott Davis, Public Works Supervisor, with assistance from Brian Skaggs, City Engineer. The proposed list for FY 2023/24 is as follows:

Avenal Cutoff Road Reconstruction (4,500,000)
Since the California Transportation Commission is requiring annual reporting before the FY 2023/24 City Budget review, if the project list is approved by the City Council, FY 2023/24 budget will include revenues and expenditures for use of SB 1 funds received.

The proposed action is not a project under the California Environmental Quality Act (CEQA) as it is an administrative activity that will not result in direct or indirect physical changes in the environment (CEQA Guidelines Section 15378).

RECOMMENDATIONS:

1. By motion, approve the FY 2023/24 City Streets Budget, Fund 30, to include SB 1 Revenues (estimate of $338,643); and Street Expenditures of SB 1 (in an amount not to exceed estimated funding by the State). Funds shall be used for SB 1 Projects as noted and included in (Attachment "A"}; and,

2. By Resolution, approve the SB 1 Project List and forward to the California Transportation Commission no later than July 1, 2023.

April 27, 2023 Pg. 17

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION ADOPTING A LIST OF
PROJECTS FOR FISCAL YEAR 2023-24
FUNDED BY SB 1: THE ROAD REPAIR

AND ACCOUNTABILITY ACT OF
2017
RESOLUTION 2023-_22_
WHEREAS, Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SBI includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year: and WHEREAS, the City mu t adopt by resolution a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB I, which must include a description and the location of each proposed project, a proposed schedule for the project's completion. and the estimated useful life of the improvement; and WHEREAS, the City, will receive and estimated $338,643.00 in RMRA funding in Fiscal Year 2023-24 from SBI; and ;
WHEREAS, this is the seventh year in which the City is receiving SB l funding and will enable the City to continue essential road maintenance and rehabilitation projects,safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SBl; and WHEREAS, the City used a Pavement Management System to develop the SBl project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community's priorities for transportation investment; and
WHEREAS, the funding from SB1 will help the City maintain and rehabilitate multiple streets/roads, add active transportation infrastructure throughout the City this year and many similar projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in an "at-risk/poor" condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a "excellent/good" condition; and WHEREAS, the SB1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY COUNCIL MEMBER

THE FOLLOWING WAS PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL REGULAR MEETING HELD ON April 27, 2023, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Alvaro Preciado, Mayor

CITY OF AVENAL
Maria A. Ortiz, City Clerk

CITY OF AVENAL
April 27, 2023 Pg. 18
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:

I. Found the foregoing recitals to be true, correct and incorporated herein.

2. The fiscal years 2023/24 list of projects planned to be funded with Road Maintenance and Rehabilitation Account revenues include:

Avenal Cutoff Road Project: Avenal Cutoff Road from SR 269, east to California Aqueduct overcrossing. Grind and Remove 45,000 sq. yards of 2 ½" asphalt/tic concrete; and 15,000sq. yards of extremely damaged areas; install 60,000 sq. yards of 2 ½" asphaltic concrete; haul. place and compact 45,000 sq. yards of asphaltic concrete grindings on shoulder of road: and striping of roadway. Commence project March 2025; and complete June 2027. Project life: 20 Years.

3. Authorized the City Manager and relevant City staff to conduct the terms and conditions of this resolution and to take all steps necessary, proper and/or convenient and/or incidental thereto.
******************
April 27, 2023 Pg. 19
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. D–2
TO: Honorable Mayor and Council Members
FROM: Kao Nou Yang, Director of Community and Economic Development DATE: April 27, 2023
SUBJECT: AGREEMENT BETWEEN THE CITY OF AVENAL AND THE COUNTY OF KINGS FOR THE PREPARATION OF THE SIXTH CYCLE MULTIJURISDICTIONAL HOUSING ELEMENT UPDATE

BACKGROUND
The City is required by state law to update it Housing Element on a schedule set by the California State Department of Housing and Community Development (HCD). The Housing Element is a part of the City’s General Plan. In the past three cycles of the Housing Element, the City has agreed to join with the County of Kings and the cities of Hanford, Lemoore, and Corcoran to prepare a multi-jurisdictional Housing Element Update. The benefits of a combined document are consistency of polices between each jurisdiction and a significant cost saving from having to prepare an individual document instead of five documents for each jurisdiction.

This Housing Element Update is expected to be completed no later than January 31, 2024. The Kings County Community Development Agency will be taking lead in administrating the preparation of the housing Element, this include preparing the Request for proposal (RFP) for hiring a consultant to prepare the document and managing the project throughout the process to meet the state’s deadline. Throughout the preparation and review, City staff will be able to review and address any concerns and or additional information needed for the update. City staff will be reviewing the documentation and data information needed to comply with state regulation and help the consultant prepare and write an updated Housing Element that will work for all the jurisdictions in the County.

This Agreement has been reviewed by City Attorney and City Manager.

RECOMMENDATION:

Authorize and Approve The City Manager, or designee to sign the agreement between the City of Avenal and County of Kings for the preparation of the Sixth Cycle Multi-Jurisdictional Housing Element Update
April 27, 2023 Pg. 20
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. D–2

FINANCIAL IMPACT
The County of Kings has submitted for REAP Grant Funding through the Kings County Area of Governments (KCAG) to help with cost of the Housing Element Update process. REAP funds equate to approximately $311,858.00. The RFP only had one bidder after its posting and the bid was $489,300.00, over by $177,442.00. Per the proposed contract, the City of Avenal would be responsible for 6.86% of any cost that is remaining. This is the same percentage as the population of Avenal to the Total population of the County.

General Fund Fiscal Year 23/24 – approximately $12,179.58 (per portion after first bidder proposal). This amount or percentage will be budgeted for the Fiscal year (FY 23/24) Community Development – Professional Services Acct Number: 100-65500-170

ATTACHMENTS
• Agreement Between The County Of Kings And The Cities Of Avenal, Corcoran, Hanford And Lemoore For The Cooperation In Updating The Housing Element To The King County Comprehensive General Plan Pursuant To The Government Code Section 65580 Et Seq.

April 27, 2023 Pg. 21

AGREEMENT BETWEEN COUNTY OF KINGS AND THE CITIES OF AVENAL, CORCORAN, HANFORD, AND LEMOORE, REGARDING THE 2024 KINGS COUNTY MULTI-JURISDICTIONAL HOUSING ELEMENT UPDATE

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AGREEMENT BETWEEN THE COUNTY OF KINGS AND

THE CITIES OF AVENAL, CORCORAN, HANFORD, AND LEMOORE,

FOR COOPERATION IN UPDATING THE HOUSING ELEMENT

OF THE KINGS COUNTY COMPREHENSIVE GENERAL PLAN
PURSUANT TO GOVERNMENT CODE SECTION 65580 ET SEQ.

This Agreement (the “Agreement”) is entered into between the County of Kings, a political subdivision of the State of California (“County”); and the following participating agencies (individually, “City”; collectively, “Cities”):
• The City of Avenal, an incorporated city within the geographic boundaries of Kings County (“Avenal”); • The City of Corcoran, an incorporated city within the geographic boundaries of Kings County (“Corcoran”);
• The City of Hanford, an incorporated city within the geographic boundaries of Kings County (“Hanford”); and
• The City of Lemoore, an incorporated city within the geographic boundaries of Kings County (“Lemoore”)
(individually, a “Party”; collectively, the “Parties”).

R E C I T A L S
WHEREAS, pursuant to California Government Code section 65580, et seq., every eight years local governments are required to update the housing element to their comprehensive general plan.

WHEREAS, the next update for County and Cities’ plans are required to be completed no later than January 31, 2024;
WHEREAS, County, on behalf of its Community Development Agency, is advertising through a Request for Proposal (“RFP”), attached to this Agreement as Exhibit A, for services to update the housing element of the County’s comprehensive general plan (the “Update”); WHEREAS, Cities each desires their updates to be consistent with that of the County, which streamlines development and eases the growth process of all local communities throughout Kings County; WHEREAS, collaboration between the Parties is more likely to produce updates that provides consistency across jurisdictions;
WHEREAS, when contrasted with developing individual updates, collaboration between the Parties will have the added benefit of significant cost savings to each of the Parties; WHEREAS, the County is eligible for grant funding to cover a substantial portion of its costs in producing the Update, further improving on the cost saving to all jurisdicitons; WHEREAS, because of these factors, collaborating to produce a joint housing element update is in the best interest of all Parties;
April 27, 2023 Pg. 22

AGREEMENT BETWEEN COUNTY OF KINGS AND THE CITIES OF AVENAL, CORCORAN, HANFORD, AND LEMOORE, REGARDING THE 2024 KINGS COUNTY MULTI-JURISDICTIONAL HOUSING ELEMENT UPDATE

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NOW, THEREFORE, The Parties agree as follows:

1. TERM
This Agreement commences upon execution by all Parties. It terminates on the approval of the Update by the Parties through the legislative body or other designated officer of each Party and upon County’s receipt of all remuneration owed by Cities, subject to any survivability terms contained in the Agreement.

2. OBLIGATIONS OF THE PARTIES
A. During the RFP Process

1. County, through its Community Development Agency, shall oversee the RFP process, and receive all submitted proposals. County has sole discretion as to whether a proposal complies with the requirements of the RFP. County may unilaterally reject any incomplete or otherwise non-conforming proposal without presenting such proposal to the Cities for input.

2. Cities shall independently review and evaluate all accepted proposals, and to provide comments to County. County must receive all City comments nor more than five business days before the date designated as “Notice of Intent to Award sent to Proposers” in section 3.3 of the RFP.

3. County shall give Cities notice of, and allow Cities to participate in, any discussions with or presentations by any proposer intended to clarify a proposal or to determine if a proposer has the ability to perform the requested work or services.

4. County will have sole authority to make the final determination as to which proposer or proposers shall be awarded the contract to consult on and prepare the Update (“Update Contract”). The agreement for services shall be between County and the selected contractor or contractors (“Contractor”), with Cities recognized as participating agencies.

County, in making its final determination, shall consider all input received from Cities.

Any City who objects to County’s choice of Contractor may withdraw from further participation in the Update prior to the commencement of the update process. Such withdrawal must be in writing, and received by County before there is a fully executed agreement between County and Contractor.

B. During the Update Process

1. The Partiesshall cooperate with Contractor in its performance of its Scope of Work under the Update Contract. The Parties shall share all relevant information with Contractor, and make all necessary contributions to the process in a timely manner.

April 27, 2023 Pg. 23

AGREEMENT BETWEEN COUNTY OF KINGS AND THE CITIES OF AVENAL, CORCORAN, HANFORD, AND LEMOORE, REGARDING THE 2024 KINGS COUNTY MULTI-JURISDICTIONAL HOUSING ELEMENT UPDATE

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C. Upon Completion of the Update

1. County shall provide an appropriate number of copies of the final Update to all Cities for review by their respective legislative bodies or designated officer to review.

2. Upon receipt, all Parties shall review the proposed update as soon as practicable.

Cities shall report back to County their approval or rejection of the proposed update within a reasonable time after receipt of the proposed Update. Rejection shall state the specific reasons for the rejection, including the specific components of the Update to which the City objects. A City rejecting the proposed Update shall meet and confer with the other Parties to discuss their objection, with the intention of such meeting to formulate a resolution to the objection.

3. FISCAL PROVISIONS
A. County is eligible for grant funding applicable to the Update through the Kings County Association of Governments, documentation of which is attached to this Agreement as Exhibit B. County shall diligently pursue all available funding sources prior to and during the Update process. Should one or more Cities also be eligible for grant funding or other reimbursement, any such funds shall also be applied to the joint Update.

B. Should the contract price of the Update Contract exceed the grant funding received by all Parties, the remaining contract amount shall be divided between the Parties proportionate to each Party’s population pursuant to the table below:

C. County shall invoice Cities for their proportionate remuneration of contract amount. Cities shall each remit their remuneration to County within 45 days of receiving an invoice from County.

D. If, after Cities have remitted their proportionate renumerations to County, any Party receives additional grant funding not previously contemplated, County will within 45 days of receipt of such additional funds refund to Cities a proportionate recompence up to the complete amount previously remitted to County by Cities.

E. County shall promptly notify Cities in advance of any proposed amendment to the Update Contract affecting the price of the Update Contract.
1 Figures based on United States Census Bureau population estimates as of July 1, 2021.

Jurisdiction Estimated Population 1 Percent of County Population Avenal 13,819 8.6
Corcoran 22,535 14.8
Hanford 58,496 38.2
Lemoore 27,259 17.8
County (Unincorporated) 31,334 20.6
TOTAL 153,443 100.00%
April 27, 2023 Pg. 24

AGREEMENT BETWEEN COUNTY OF KINGS AND THE CITIES OF AVENAL, CORCORAN, HANFORD, AND LEMOORE, REGARDING THE 2024 KINGS COUNTY MULTI-JURISDICTIONAL HOUSING ELEMENT UPDATE

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F. County shall be solely responsible for ensuring that all payments due for services performed under the Agreement are delivered to Contractor.

4. TERMINATION AND WITHDRAWAL
This Agreement may terminate upon the concurrence of all Parties on the condition the termination is memorialized in writing in accordance with Section 6. The withdrawal of one or more City shall not terminate this Agreement as among County and remaining Cities. A City that withdraws from this Agreement shall not be entitled to any reimbursement for funds, man-hours, or other resources invested in its performance of its obligations under this Agreement prior to the Party’s withdrawal. A City that withdraws from this agreement shall not be included in the Update.

5. INDEMNIFICATION AND INSURANCE
Each Party shall hold harmless, defend and indemnify the other Parties, their officials, agents, officers and employees from and against any liability, claims, actions, costs, including reasonable attorney’s fees, damages, or losses of any kind, including injury or death to any person and/or damage to property, arising from, or in connection with, the performance by the other Parties or their officials, agents, officers and employees under this Agreement, except that no Party is responsible for that portion of a claim, damage, liability, cost, or expense that occurs by reason of the negligence, wrongful acts, or willful misconduct of another Party or of another Parties’ officials, agents, officers, or employees. This duty to indemnify, defend, and hold harmless shall survive the termination of this Agreement as to acts or omissions giving rise to any type of liability that occurs during the term of this Agreement.

The County and Participating Agencies shall each maintain their own liability insurance coverage, against any claim of civil liability arising out of the performance of this Agreement and upon request provide appropriate evidence of such coverage to the other Parties.

6. AMENDMENTS
Parties may propose amendments to this Agreement to the other Parties. No amendment to this Agreement shall be valid except in writing and approved by the legislative body or otherwise authorized officer of each of the Parties, but no amendment shall change the financial obligations of any Party without equitably changing the financial obligations of all Parties.

7. NO THIRD-PARTY BENEFICIARY RELATIONSHIP
The RFP contemplates that there are no third-party beneficiaries to the Update Contract. This Agreement is not intended to, and shall not be interpreted as to, create a third-party beneficiary relationship between the parties to the Update Contract and any City.

8. CONTACTS
The name and contact information for the primary representative of each Party is attached to this Agreement as Exhibit C. All Parties agree to notify the other Parties upon any change in that Party’s primary representative. The change in a Party’s primary representative shall not constitute nor require an amendment to this Agreement.

April 27, 2023 Pg. 25

AGREEMENT BETWEEN COUNTY OF KINGS AND THE CITIES OF AVENAL, CORCORAN, HANFORD, AND LEMOORE, REGARDING THE 2024 KINGS COUNTY MULTI-JURISDICTIONAL HOUSING ELEMENT UPDATE

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9. SURVIVABILITY
The Parties agree that, except in areas of the county where other law controls, the Update shall have the force of law through all jurisdictions within Kings County.

10. SEVERABILITY
If any term of this Agreement, or application thereof to any person or circumstances, proves to be invalid or unenforceable, the remainder of the Agreement or the application thereof to any other person or circumstances shall not be affected, and each remaining term shall remain in full force and effect. When possible, invalid, or unenforceable terms shall be interpreted to allow for the purpose of this Agreement to be achieved to the greatest extent practicable.

11. CHOICE OF LAW
This Agreement is entered into, and is fully executed, in the State of California, County of Kings.

The Parties acknowledge that the laws of the State of California apply to this Agreement, and that the County of Kings is the appropriate venue for any dispute regarding the terms or application of it.

12. DISPUTE RESOLUTION
In the event a dispute arises between two or more Parties over any matter covered by this Agreement, all Parties shall meet and confer to use their best efforts to resolve any such dispute.

13. COUNTERPARTS
The Parties may execute this Agreement in two or more counterparts, that are to be construed as one document.

14. ELECTRONIC SIGNATURES
The Parties may execute this Agreement by electronic means. The electronic signatures affixed by the Parties respective signatories give rise to a valid, enforceable, and fully effective Agreement.

15. AUTHORITY OF SIGNATORY
The undersigned representatives for each Party affirm that they are legally authorized to enter into this Agreement on behalf of the Party they purport to represent and to bind that Party to the terms herein.

Each signatory represents that the Parties are able to perform the obligations imposed under the terms of this Agreement.

16. EXHIBITS AND ATTACHMENTS
The attached exhibits are integral parts of this Agreement, and are hereby incorporated by reference into this Agreement.

April 27, 2023 Pg. 26

AGREEMENT BETWEEN COUNTY OF KINGS AND THE CITIES OF AVENAL, CORCORAN, HANFORD, AND LEMOORE, REGARDING THE 2024 KINGS COUNTY MULTI-JURISDICTIONAL HOUSING ELEMENT UPDATE

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IN WITNESS WHEREOF, the Parties executed this Agreement the day and year written below.

For the City of Avenal
By: ________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
For the City of Corcoran
By: ________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
For the County of Kings
By: ________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
For the City of Hanford
By: ________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
For the City of Lemoore
By: ________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
Attachments and Exhibits:

Exhibit A: Request for Proposal
Exhibit B: Proposed agreement for grant funding between County of Kings and Kings County Association of Governments
Exhibit C: Contact information for Participating Agencies April 27, 2023 Pg. 27

PURCHASING DIVISION

COUNTY OF KINGS

REQUEST FOR PROPOSAL
NO. 2023-36
For Consulting Services to Prepare a
Housing Element Update

PROPOSALS DUE
April 3, 2023
AT OR BEFORE 4:00 P.M. LOCAL TIME
March 3, 2023
April 27, 2023 Pg. 28
1 SECTION 1

INTENT OF THE REQUEST FOR PROPOSAL

1.1 BACKGROUND INFORMATION
The County of Kings (“County”), on behalf of the Community Development Agency, is soliciting proposals from consulting services to prepare a Housing Element update.

Proposers providing a proposal in response to this Request for Proposal (“RFP”) must address each and every item in the Description of Services to be Performed, as set forth below in Section 2. In addition, proposals must be in the format set forth in Section 3.2 of this RFP. Failure to include all elements in Section 2 or submit a proposal in the required format may be grounds for rejection of the proposal.

In the event Proposers wish to take an exception to any of the requirements set forth in Section 2 or terms of the proposed contract, as attached hereto as Exhibit F, those exceptions must be clearly stated in the proposal. Failure to include any item in the specifications without taking exception will result in a waiver of the Proposer’s ability to negotiate a contract term, attempt to request additional compensation for elements in Section 2 that were not included in the pricing set forth in the proposal, and may be grounds for rejection.

The County reserves the right to reject any and all proposals and/or to waive any informality or informalities in the accepted bid. The County further reserves the right to reject any and all bids with or without cause and re-issue this RFP if deemed to be in the County’s best interests.

1.2 LOCATION WHERE SERVICES ARE TO BE PERFORMED
Location varies with scope of work, but most of the work will be at the consultant’s office, off-campus.

1.3 PRICE
Proposers must include any and all information about pricing in their proposals.

Although the County will base its selection upon a consideration of all factors, pricing information is required in order for the County to ensure that it is receiving the requested services or work at a fair and reasonable price. Failure to include pricing information in a proposal may result in a rejection of the proposal as non-responsive.

April 27, 2023 Pg. 29
2 1.4 PROPOSED TERM
The County anticipates a 13-month agreement between the County and the successful Proposer. Services shall begin within 30 days of the approval from the Kings County Board of Supervisors, approximately June 15, 2023.

1.5 PROPOSERS’ CONFERENCE
There will be no Proposers’ conference for this RFP.

SECTION 2

DESCRIPTION OF SERVICES TO BE PROVIDED

2.1 HOUSING ELEMENT UPDATE
Kings County is currently in the process of conducting a comprehensive update of the Kings County Housing Element, which includes preparing the multijurisdictional Housing Element update for the County unincorporated areas as well as the four incorporated Cities (Avenal, Corcoran, Hanford, and Lemoore). The Kings County Community Development Agency is assigned coordination of this project and seeks proposals from qualified consultants to provide professional services for the development of the Housing Element update.

The Housing Element update is required pursuant to California Government Code Section 65580 et seq. The purpose of this project is to update the Housing Element to be internally consistent with the County and City General Plans and be in compliance with state statutes to be certified by the California Department of Housing and Community Development (HCD). The update shall contain an overview of the housing needs in the unincorporated and incorporated areas of Kings County and provide analysis of both the constraints that may impact housing development as well as the resources available to facilitate it. State Housing Element law requires that each city and county identify and analyze existing and projected housing needs within their jurisdiction and prepare goals, policies, programs, and quantified objectives to further the development, improvement, and preservation of housing. The five jurisdictions in Kings County have collectively decided to prepare a joint countywide Housing Element with administrative support from the Kings County Community Development Agency. Kings County’s last Housing Element was for the planning period 2016 to 2024. This Housing Element update will be for the planning period 2024 to 2032.

Kings County is seeking one or more qualified firms (Consultant) that have experience in General Plan and Housing Element updates. An emphasis will be placed on developing a clear, concise, and legally defensible Housing Element update that meets the varied housing needs of April 27, 2023 Pg. 30
3 the Kings County community. It is requested that the consultants present a scope of work and methodology for preparing the 2024-2032 Housing Element. Additionally, the Housing Element update will need to integrate the 2024-2032 Regional Housing Needs Allocation (RHNA) and other pertinent updated demographic, economic, and land use information. New HCD regulations, requirements, and practices and other relevant City, County, State, and Federal regulations that have changed since the last Housing Element update, will need to be incorporated. The consultants should indicate the interrelationship of all work products, including the depth and scope of the research proposed.

The scope of work should consider the following:
• Meetings with County and City staff, other agencies’ staff, public officials, and the general public
• Coordination with other Consultants or subcontractors engaged, if necessary, in a supportive and joint effort
• Develop team assignments and a project task timeline compatible with Housing Element update due dates
• Complete an evaluation of the 2016-2024 Housing Element update • Coordinate with County and City staff to develop a current housing inventory and complete a Housing Needs Assessment to ensure conformance with Government Code Section 65583 et seq.
• Analysis of resources that cover land inventory, site analysis, financial and administrative resources, and energy conservation
• Analysis of constraints, including governmental and nongovernmental • Provide public review, final documents, and any appendices or references in a format acceptable to the County
• Upon completion of agency and public review, comments will be addressed and incorporated into relative context and submitted to the County for review, comment, and further revision, as necessary
• Provide timely progress updates to the Kings County Community Development Agency as requested and adhere to timelines as possible
• Prepare staff reports and other relative documents for Planning Commissions, City Councils, and Boards of Supervisors
April 27, 2023 Pg. 31
4 • Effort with public outreach, including preparation of event materials, solicitation of comments, workshops, and public meetings throughout Kings County Deliverables shall include:
• Project Task Timeline and Team Assignments
• Working and Final Drafts of the 2024-2032 Housing Element • Hearing Drafts
• Public Participation Summaries
• 2024-2032 Housing Element Study
• Associated documents, appendices, and background studies • Staff reports and related documentation
• HCD Draft of the 2024-2032 Housing Element and mandated information for certification
• Environmental documents, findings, and/or Notice of Exemption in compliance with California Environmental Quality Act (CEQA)
• Synopsis of recommended changes by HCD following the review period of HCD Draft • HCD Certified 2024-2032 Housing Element
• 2024-2032 Housing Element Certificate Letter from HCD 2016 – 2024 Housing Element:
https://www.countyofkings.com/home/showpublisheddocument/17093/636518076585130000 2016 – 2024 Housing Element Appendices:
https://www.countyofkings.com/home/showpublisheddocument/17095/636518076925170000 April 27, 2023 Pg. 32
5 SECTION 3

INSTRUCTIONS TO PROPOSERS

3.1 SUBMISSION INSTRUCTIONS
Proposals must be received in the County’s Purchasing Department, located at 1400 W. Lacey Blvd., Building 6, in Hanford, California at or before 4:00 p.m. local time on April 3, 2023. All proposals shall be submitted on 8 ½ x 11-inch paper and shall be bound or contained in a binder.

An electronic version of the proposal must also be provided on a USB drive.

Proposers shall submit one (1) original proposal and three (3) copies. The original proposal shall be marked as “Original” on the first page of the proposal in a location and font size that are easily identifiable. All proposals must be submitted under seal in either an envelope(s) or box, which shall be clearly marked on the outside to read:

Name of Proposer
RFP number and title
Proposal submittal deadline and time
Proposals shall be delivered to:

Kings County Purchasing Department
Attn: Evan Jones, Purchasing Manager
1400 W. Lacey Blvd, Bldg. 6
Hanford, California 93230

3.2 PROPOSAL FORMAT
Proposals must be submitted in the following format. Non-conforming proposals will not be considered. Each section shall be clearly marked with either tabs or sections, which correspond to the sections below.

In the event any of the sections below do not apply, Proposers shall indicate “Not Applicable” in response thereto.

3.2.1 SIGNATURE PAGE
Proposers must include a completed Signature Page, as attached hereto as Exhibit A, at the front of their proposals. Failure to include a completed Signature Page shall be grounds for rejection of the proposal.

April 27, 2023 Pg. 33
6 3.2.2 COVER LETTER
The cover letter must include the Proposer’s name, address, and telephone number, as well as the name and email address of a designated contact individual.

The email address provided must be available to receive service of any notices sent regarding this RFP.

3.2.3 COMPANY OVERVIEW
A brief description of the company and its structure, including, but not limited to, the name(s), business address(es), and telephone number(s) of the company’s officers, directors, and associates, and the name(s) and address(es) of any parent or subsidiary companies.

3.2.4 SUBCONTRACTORS
If the Proposer will be using subcontractors to perform some or all of the work, the name(s) and address(es) of these subcontractors must be included, along with a description of which portion of the work or service they will perform. Said information shall be provided on the Subcontractor List, attached hereto as Exhibit B.

If the Proposer is part of a joint venture, one legal entity must be designated as the Primary Proposer. All other participants shall be considered subcontractors.

3.2.5 RELEVANT EXPERIENCE
Provide a brief description of your company’s past relevant experience as it relates to the requested work or services. Include a minimum of five (5) references. Each reference should include the name, address, and phone number, along with a contact person and a description of the work performed. References should be listed in the Reference List, attached hereto as Exhibit C.

3.2.6 SUPPORT TEAM
Identify the individual(s) who will form the support team for performing the work or services for this RFP. Include brief descriptions of each individual’s experience and a description of the role he or she will take in performing the work or service.

3.2.7 TIMEFRAME FOR COMPLETION
Provide a realistic approach to complete the work or services within the timeframe provided within this RFP.

April 27, 2023 Pg. 34
7 3.2.8 ASSISTANCE FROM COUNTY
Provide a written summary of any information, access, or assistance you will expect or need from the County to complete the work or services within the given timeframe.

3.2.9 PROJECT COST
Provide a detailed breakdown of the costs associated with the work or services to be performed as well as an overall, total, cost for the services or work to be performed. In addition, provide the proposed costs for any services or work that may be performed at the County’s request, in addition to the work or services requested in this RFP, if applicable. Proposers are responsible for ensuring that all costs are set forth in this section. Failure to properly calculate costs or include additional costs will not be a basis for re-negotiation of the compensation for the winning bid.

Proposals must include a 60-day price guarantee.

3.2.10 PROPOSED SCOPE OF WORK
Provide a summary of the work or services to be performed to be attached to the parties’ agreement as a scope of work. The scope of work must be concise and address each and every requirement of the proposed work or services, as set forth in Section 2. Proposals submitted without a concise scope of work suitable to be attached to the parties’ agreement as an exhibit will not be considered; copies of the proposal will not be accepted as a scope of work.

3.2.11 ACKNOWLEDGMENT OF ADDENDA
Provide an acknowledgment of any addenda issued for this RFP, if applicable.

3.2.12 EVALUATION OF THE PROPOSED AGREEMENT
Proposers must review the proposed agreement, which is attached to this RFP as Exhibit F, and acknowledge their willingness to enter into a final, negotiated agreement if awarded the bid. Proposers must list any exceptions to the terms of the proposed agreement in their proposals, acknowledge their ability to satisfy the insurance and any other requirements as set forth therein, and acknowledge their ability to abide by all other terms of the agreement. Failure to take exception to a term in the proposed contract will result in a waiver of the successful Proposer’s right to negotiate that term.

The County reserves the right to negotiate any term in the proposed agreement.

April 27, 2023 Pg. 35
8 3.2.13 CONFLICT OF INTEREST
Proposers shall certify in their proposals that no official or employee of the County, or any business entity in which an official or employee of the County has an interest, has been employed or retained to solicit or aid in the procuring the award of this RFP.

3.2.14 AFFIDAVIT OF NON-COLLUSION
Proposers shall include a completed Affidavit of Non-Collusion with their proposals on the form attached hereto as Exhibit D. Failure to include a completed Affidavit of Non-Collusion may result in the rejection of the proposal as non-responsive.

3.3 TIMELINE OF EVENTS
The County expects this RFP to follow the below timeline:

March 3, 2023 Issuance of the RFP
March 10, 2023 Deadline for questions 5:00 p.m. local time April 3, 2023 Proposals due 4:00 p.m. local time
April 17, 2023 Notice of Intent to Award sent to Proposers May 16, 2023 Present final agreement to the Board of Supervisors for approval
June 15, 2023 Services begin
The County reserves the right to amend this schedule at any time.

3.4 EVALUATION CRITERIA
The Evaluation Committee will review and score only those proposals that are deemed responsive to this RFP and presented in the format as set forth in Section 3.2. Failure to include any sections in the proposal will result in that proposal being deemed nonresponsive.

During the scoring process, the Evaluation Committee may contact the Proposer’s references, or any other sources deemed relevant by the Evaluation Committee as part of their review of the Proposer’s qualifications to perform the requested services or work.

Selection will not be based on the lowest priced proposal, but will be based on the following criteria:

April 27, 2023 Pg. 36
9 1. Proposer’s ability and history in providing the requested services or work for public agencies of similar size, population, and need as the County. 10 points.

2. Responsiveness of the proposal and the clarity and completeness of the proposed Scope of Work. 15 points.

3. Demonstrated technical competence and experience to perform the services or work requested in the RFP. 15 points.

4. Past record of performance of similar work or services as determined by all available information. These criteria will be based not only on the information contained within the proposal, but also by discussions with the Proposers and their references, as well as other relevant entities or individuals who have used the Proposer for similar work or services. 40 points.

5. Proposer’s demonstrated ability to perform the work or services set out in the RFP within the given time frame. 20 points.

3.5 DISCUSSION WITH PROPOSERS AND CLARIFICATIONS TO PROPOSALS The County reserves the right to contact Proposers to seek clarification of their submitted proposals during the evaluation process. These discussions shall be solely for the purpose of ensuring that the County has a full and complete understanding of the submitted proposals and the Proposer’s qualifications to perform the requested work or services. The County will not discuss the contents of other Proposer’s proposals during these discussions.

3.6 ORAL PRESENTATIONS
The County reserves the right to request the Proposers to make oral presentations to further explain their proposals and demonstrate their ability to perform the requested work or services. Proposers will be advised in writing whether an oral presentation will be required and, if so, when, and where said presentation shall take place.

3.7 REQUESTS FOR INFORMATION OR CLARIFICATION OF RFP
Proposers are responsible for submitting any and all questions concerning the work or services set forth in Section 2 or any other aspect of this RFP no later than 5:00 pm on March 10, 2023. Questions must be presented in writing and submitted to the Purchasing Manager at the address noted above or via email at [email protected] .

Proposers must include the RFP number in their requests for information.

April 27, 2023 Pg. 37
10 3.8 WITHDRAWAL OR REVISION OF PROPOSALS
Proposers may withdraw or revise their proposals anytime before the submittal date.

Requests to withdraw or revise proposals must be made in writing and submitted to the Purchasing Manager at the address above or via email to: [email protected] .

Proposals may not be withdrawn or revised after the submittal date.

3.9 SELECTION AND ANNOUNCEMENT OF APPARENT SUCCESSFUL

PROPOSER
Proposals will be evaluated by an Evaluation Committee as selected by the County. The Evaluation Committee will use the Evaluation Criteria as set forth in Section 3.4 in scoring the submitted proposals and determining which proposal will be presented to the Kings County Board of Supervisors (“the Board”) for approval.

Proposers will be notified of the County’s decision in writing through a Notice of Intent to Award. The Notice of Intent to Award will be sent through email.

3.10 PROTEST OF AWARD
Proposers who wish the protest the RFP or announcement of award must submit their protests in writing and submitted to the Purchasing Manager at the address above or via email at [email protected] .

Protests of the process, terms, conditions, or any other aspect of the RFP must be submitted before the RFP’s submittal date. Failure to submit a protest before this date will act as a waiver of the Proposer’s right to protest these portions of the RFP.

Protests of the announcement of the award must be made within five (5) working days of the date of the Notice of Intent to Award. Protests must include the following information:
1) The name, address, telephone number, and email address of the protesting Proposer;
2) The signature of the protesting Proposer or the representative of the Proposer; 3) The RFP number;
4) A detailed statement of the legal or factual basis for the protest; 5) All documents or other records that support the Proposer’s basis for the protest; 6) The form of relief requested; and
April 27, 2023 Pg. 38
11 7) Acknowledgment of the Proposer’s willingness to accept any and all notices or decisions regarding this protest and any resulting appeal via email.

Protests will be considered and responded to by the Purchasing Manager or designee within five (5) working days of the receipt of the protest. In the event the protesting Proposer wishes to appeal the decision of the Purchasing Manager or designee, said appeal shall be presented in writing to the Clerk of the Board within five (5) working days of the date of the Purchasing Manager’s response.

Proposers appealing the Purchasing Manager’s decision must work with the Clerk of the Board to schedule a hearing of the Proposer’s appeal on the Board’s agenda for the next regular meeting. The hearing will be conducted informally and will not be a full evidentiary hearing. However, the Proposer and the County will be given the opportunity to present arguments and provide evidence at the hearing.

Any evidence to be presented at the hearing must be presented to the Clerk of the Board and the Purchasing Manager at least three (3) working days prior to the scheduled hearing. Proposers may be represented by counsel, but the rules of evidence governing civil proceedings will not apply to this hearing.

The Board will issue its decision either orally at the hearing or in writing within three (3) working days of the hearing.

Any costs incurred by a Proposer in filing and pursuing a protest or appeal shall be the sole responsibility of the Proposer. The County shall not reimburse the Proposer for the costs of a protest or appeal, even if the protest or appeal results in a favorable outcome for the Proposer.

The procedures set forth above are mandatory and constitute a Proposer’s sole and exclusive remedy in the event of a protest or appeal of the RFP or the award thereof.

Failure to comply with these procedures shall constitute a waiver of any right to further pursue a protest or appeal, including filing a claim or initiating legal proceedings. In addition, failure to appear at the hearing set for an appeal shall constitute a waiver of the Proposer’s right to appeal.

The County reserves the right to extend any of the above timeframes as necessary. Said extensions shall be communicated to the protesting Proposer in writing via email.

April 27, 2023 Pg. 39
12 SECTION 4
NOTICE TO PROPOSERS; GENERAL INFORMATION

4.1 NOTICE TO PROPOSERS
This RFP does not constitute an agreement or offer of employment between the County and the Proposers. The costs of preparing proposals shall be the sole obligation of the Proposers. Once submitted, all proposals become the property of the County.

The successful Proposer shall be considered an independent consultant and not an agent, officer, or employee of the County or entitled to any benefits arising therefrom.

4.2 CONFIDENTIALITY
Proposals are only confidential during the evaluation process. Once an agreement has been signed between the County and the successful Proposer, any and all proposals shall be subject to disclosure under the California Public Records Act (“the Act”) as found under Section 7920 et seq. of the Government Code. Proposers are therefore responsible for ensuring that they have not included any confidential information in their proposals, such as trade secrets, social security numbers, or proprietary information.

Proposers are hereby put on notice that the County will not redact any portions of the submitted proposals when releasing them pursuant to a request under the Act.

4.3 LATE PROPOSALS
The County assumes no responsibility for the submission of late proposals. It is the sole responsibility of the Proposers to ensure their proposals are received in the Purchasing Division. The County will not accept proposals via email or fax. Late proposals will not be considered.

4.4 ADDENDA TO THE RFP
Proposers must carefully examine the specifications set forth in Section 2 and submit any and all questions or requests for information to the County no later than 5:00 pm on March 10, 2023 as set forth in Section 3.7. Failure to submit a request for information before the designated date will result in a waiver of the Proposer’s right to protest any award under this RFP on the basis of the process, terms, conditions, or claimed ambiguity regarding this RFP.

The County reserves the right to make corrections via written addenda to this RFP as needed prior to the submittal date. Addenda shall only be valid if issued in writing; oral April 27, 2023 Pg. 40
13 communications about this RFP with County employees will not be binding on the County unless set forth in a written addendum.

Addenda shall be posted on the County’s website under the Purchasing Division tab under the section dedicated to this RFP and available in hard copy in the office of the Purchasing Manager. Proposers must acknowledge any and all addenda issued by signing and dating the addenda and including them with the proposal.

Proposers are solely responsible for checking the County’s website and contacting the Purchasing Manager prior to the submittal date to ensure that they are aware of and acknowledge any and all addenda in their proposals. Failure to acknowledge and include any or all addenda may result in the proposal being deemed non-responsive.

4.5 COMMUNICATIONS WITH THE EVALUATION COMMITTEE OR COUNTY STAFF
Proposers shall not contact any member of the Evaluation Committee or any other County employee during the evaluation phase for this RFP unless contacted by the Evaluation Committee as allowed under Sections 3.5 or 3.6. Proposers who contact County personnel in an attempt to badger, cajole, bribe, influence, or obtain confidential information about the evaluations of the proposals during the evaluation phase may have their proposals declared disqualified from consideration.

4.6 FALSE OR MISLEADING STATEMENTS
Proposals containing false or misleading statements, or which include references that do not support an attribute or skill claimed by the Proposer, may be rejected as nonresponsive to this RFP.

If the County determines that a Proposer’s false or misleading statements were provided with intent to mislead the County in its evaluation of the proposal, the proposal will be deemed non-responsive. The County reserves the right to also prohibit the Proposer from submitting proposals for work or services under future RFPs.

4.7 PREVAILING WAGE AND REGISTRATION WITH THE DEPARTMENT OF

INDUSTRIAL RELATIONS
The work or services set forth in Section 2 may constitute a public work for purposes of California’s prevailing wage laws. Proposers shall be solely responsible for determining whether the proposed work is a public work and subject to the payment of prevailing wage and registration with the Department of Industrial Relations for the audit of the same. Proposers who fail to verify whether the work or services requested in this RFP constitute a public work and are subject to California’s prevailing wage laws when April 27, 2023 Pg. 41
14 calculating the amount of their bids shall not be allowed to amend the proposed amount to account for this mistake.

4.8 NEWS RELEASES
Proposers shall not issue news releases pertaining to the award resulting from this RFP without prior written approval of the County.

April 27, 2023 Pg. 42
15 EXHIBIT A

SIGNATURE PAGE
(Proposer to complete and place in front of proposal)
Individual/Company: ____________________________________________________________ Address: ______________________________________________________________________ Contact Person’s name: __________________________________________________________ Contact Person’s title: ___________________________________________________________ Contact Person’s telephone number: ________________________________________________ Contact Person’s email address: ___________________________________________________ The undersigned hereby certifies that he/she is a duly authorized official of their organization and has the authority to submit this proposal and sign on behalf of the organization and assure that all statements made in the proposal are accurate and truthful. The undersigned agrees to provide the work or services requested in this Request for Proposal at the price contained therein and will comply with all terms and conditions of the proposed agreement, unless otherwise stipulated through a written exception.
______________________________________________________________________________ Authorized Representative – Name Title
______________________________________________________________________________ Authorized Representative’s signature
Business License No. (if applicable):
(Hanford) ______________________________
(Kings County) __________________________
Professional License No. (if applicable): ________________________ April 27, 2023 Pg. 43
16 EXHIBIT B

SUBCONTRACTOR LIST
(Proposer to complete and return with proposal)
Subcontractor No. 1 - Name: ____________________________________________________ Address: ______________________________________________________________________ Contact Person: ________________________________________________________________ Email: ________________________________ Title: ________________________________ Amount of work or services to be performed (percentage): ______________________________ Types of work or services to be performed: __________________________________________ ______________________________________________________________________________ Subcontractor No. 2 - Name: ____________________________________________________ Address: ______________________________________________________________________ Contact Person: ________________________________________________________________ Email: ________________________________ Title: ________________________________ Amount of work or services to be performed (percentage): ______________________________ Types of work or services to be performed: __________________________________________ ______________________________________________________________________________ Subcontractor No. 3 - Name: ____________________________________________________ Address: ______________________________________________________________________ Contact Person: ________________________________________________________________ Email: ________________________________ Title: ________________________________ Amount of work or services to be performed (percentage): ______________________________ Types of work or services to be performed: __________________________________________ ______________________________________________________________________________ April 27, 2023 Pg. 44
17 EXHIBIT C

REFERENCE LIST
(Proposer to complete and return with proposal)
List five (5) references where the same or similar work or services were provided.

Reference No. 1 – Name: ________________________________________________________ Address: ______________________________________________________________________ Contact Person: _________________________________ Title: _________________________ Email: ______________________________ Telephone No.: ____________________________ Amount of contract: _____________ Date and type of work or services performed: __________ ______________________________________________________________________________ ______________________________________________________________________________ Reference No. 2 – Name: ________________________________________________________ Address: ______________________________________________________________________ Contact Person: _________________________________ Title: _________________________ Email: ______________________________ Telephone No.: ____________________________ Amount of contract: _____________ Date and type of work or services performed: __________ ______________________________________________________________________________ ______________________________________________________________________________ Reference No. 3 – Name: ________________________________________________________ Address: ______________________________________________________________________ Contact Person: _________________________________ Title: _________________________ Email: ______________________________ Telephone No.: ____________________________ April 27, 2023 Pg. 45
18 Amount of contract: _____________ Date and type of work or services performed: __________ ______________________________________________________________________________ ______________________________________________________________________________ Reference No. 4 – Name: ________________________________________________________ Address: ______________________________________________________________________ Contact Person: _________________________________ Title: _________________________ Email: ______________________________ Telephone No.: ____________________________ Amount of contract: _____________ Date and type of work or services performed: __________ ______________________________________________________________________________ ______________________________________________________________________________ Reference No. 5 – Name: ________________________________________________________ Address: ______________________________________________________________________ Contact Person: _________________________________ Title: _________________________ Email: ______________________________ Telephone No.: ____________________________ Amount of contract: _____________ Date and type of work or services performed: __________ ______________________________________________________________________________ ______________________________________________________________________________ April 27, 2023 Pg. 46
19 EXHIBIT D

AFFIDAVIT OF NON-COLLUSION
I hereby affirm that:
1) I am the Proposer (if Proposer is an individual), a partner of the Proposer (if the Proposer is a partnership), or an officer or employee of the Proposer having authority to sign on the Proposer’s behalf (if Proposer is a corporation).
2) The proposal has been arrived at by the Proposer independently and has been submitted without collusion with, or without agreement, understanding, or planned common course of action with, any other vendor or materials, supplies, equipment, or services described in the request for proposal, designed to limit the independent bidding or competition. 3) The contents of the proposal have not been communicated by the Proposer or its employees or agents, to any person not an employee or agent of the Proposer or its surety or any bond furnished with the proposal and will not be communicated to any such person prior to the official opening of the proposal.
4) I have fully informed myself regarding the accuracy of the statements made on this affidavit.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed in: __________________, ______________________ on: ___________________ by:
(City) (State) (Date)
__________________________________________________
Name of Proposer
___________________________________________________
Address
___________________________________________________
City, State, Zip Code
___________________________________________________
Authorized Signature
April 27, 2023 Pg. 47
20 EXHIBIT E

ADA GRIEVANCE PROCEDURE
Appendix E.

Kings County ADA Grievance Procedure
Kings County
Grievance Procedure under ADA or
California State Disability Civil Rights Laws
This grievance procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA"), the Americans with Disabilities Amendments Act (ADAAA) and California State law. Except as otherwise indicated, it may be used by anyone wishing to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs or benefits by Kings County. The procedure should also be used to address all complaints regarding barriers to physical access to any County facility.

NOTE: Discrimination complaints by applicants for, and recipients of, public benefits administered by the County are handled by the Human Services Agency, pursuant to state law and the Human Services Agency's Administrative policy and Procedure No. 23.

Notice of this fact is provided to all applicants and recipients. For more information, please contact the Program Manager/Civil Rights Coordinator for the Human Services Agency at 559.852.2201. If you submit a complaint to the ADA Coordinator that should be directed to the Human Services Agency, your complaint will be forwarded to the Human Services Agency, and will be deemed received by the Human Services Agency upon actual receipt by it for purposes of the filing and response deadlines stated in Policy and procedure No. 23. Please also note that the County's Personnel Rules govern employment related complaints of disability discrimination. Please refer to section 10200 to 10250 of the Personnel Rules regarding the County's grievance procedure, as well as Chapter 14 of the Personnel Rules regarding discrimination complaints. The process described in either part may be relied upon to make a complaint of disability discrimination.

April 27, 2023 Pg. 48
21 A complaint using this procedure should be in writing and should contain information about the alleged discrimination such as name, address, and phone number of the complainant and location, date and description of the problem(s). If you are viewing these instructions online at the County's website, please find the form for making a complaint below. Copies of the complaint form are also available from the Public Works Department or County Administration Office, County Government Center, 1400 West Lacey, Hanford, CA 93230. Alternative means of filing a complaint, such as personal interviews or a tape recording of the complaint, are available to person with disabilities upon request.

The complaint should be submitted by the complainant and/or his/her designee as soon as possible, but not later than 60 calendar days after the alleged violation to:

Dominic Tyburski, ADA Coordinator
County Government Center
1400 West Lacey Blvd.

Hanford, CA 93230
If this complaint is being made on behalf of someone other than me, that person's contact information is:

My complaint relates to circumstances that occurred:
a) On the following date:
b) At the following location:

My complaint is as follows:
(Please be as specific as possible and include the names and contact information of anyone who might have knowledge of the facts giving rise to your complaint. To help us to address your concerns promptly, please stick to the facts: who, want, when, where, and how. Please attach additional pages if necessary.)
2014-2-434 [99311]
April 27, 2023 Pg. 49

EXHIBIT F

COUNTY OF KINGS

AGREEMENT FOR SERVICES
THIS AGREEMENT is made and entered into as of the day of , 2023, by and between the County of Kings, a political subdivision of the State of California (hereinafter “County”) and , a (hereinafter “Contractor”).

R E C I T A L S
WHEREAS, County requires services related to the update of the multi-jurisdiction Housing Element for the 2024 – 2032 planning period, prepared for the County of Kings and Cities of Avenal, Corcoran, Hanford, and Lemoore; and
WHEREAS, Contractor is ready, willing, able, and qualified to perform such services.

NOW, THEREFORE, the parties mutually agree as follows:

1. SCOPE OF SERVICES
County hereby engages Contractor and Contractor shall do, perform, and carry out the services as set forth in Exhibit A.

2. RESPONSIBILITIES OF CONTRACTOR
Contractor possesses the requisite skills necessary to perform the work under this Agreement and County relies upon such skills. Contractor shall, at all times utilizing its ability, experience and talent, faithfully, industriously and professionally perform the work set forth in Exhibit A to County’s reasonable satisfaction. County’s acceptance of Contractor’s work does not constitute a release of Contractor from its professional responsibility.

Contractor affirms that it possesses current valid appropriate licensure, including, but not limited to, driver’s license, professional license, certificate of tax-exempt status, or permits, as required to perform the work under this Agreement.

Contractor affirms that it has reviewed Exhibit A and agrees that in its professional judgment, the work can and shall be completed within the maximum amount of costs and time as set forth in this Agreement.

3. COMPENSATION
Consultant shall not be entitled to nor receive from County any additional consideration, compensation, or other remuneration for services rendered under this Agreement except as set forth in Exhibit B.

April 27, 2023 Pg. 50
2 Should no funds or insufficient funds be appropriated for this Agreement, County reserves the right to propose an amendment or unilaterally terminate this Agreement immediately.

Upon submission of an invoice by Contractor, and upon approval of County’s representative, County shall pay Contractor monthly in arrears, up to the maximum amount provided for in Section 3. Each invoice must include a description of services rendered, to whom, date of service and the charges according to the agreed upon method.

4. TERM
This Agreement shall remain in full force and effect until both parties have completed performance or the Agreement is otherwise terminated in accordance with its terms.

Following termination, Contractor shall turn over to the County all completed deliverables and then shall be reimbursed for all expenditures made in good faith that are due and unpaid at the time of termination not to exceed the maximum amount payable under this Agreement.

5. RECORDS AND INSPECTIONS.

Contractor shall maintain full, complete, and accurate records with respect to all matters covered under this Agreement. All such records shall be prepared in accordance with generally accepted accounting procedures, shall be clearly identified, and shall be kept readily accessible.

County shall have free access during normal work hours to such records and the right to examine, inspect, copy, or audit them, at no cost to County. Records shall be maintained for seven (7) years after the termination of this Agreement or any extension of this Agreement.

6. AMENDMENTS
This Agreement may be modified only by a written amendment signed by Contractor and County Board of Supervisors or other representative authorized by County Board of Supervisors.

7. TERMINATION
The right to terminate this Agreement under this section may be exercised without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.

A. Without Cause. Either party shall have the right to terminate this Agreement without cause by giving the other party thirty (30) calendar days prior written notice of its intention to terminate pursuant to this provision, specifying the date of termination. If the termination is for non-appropriation of funds, County may terminate this Agreement effective immediately.

B. With Cause. This Agreement may be terminated by either party should the other party materially breach this Agreement. Upon a material breach, the non-defaulting party April 27, 2023 Pg. 51
3 shall provide written notice to the defaulting party of its intention to terminate this Agreement and allow a period of ten (10) days to cure the breach. If the breach is not remedied within that ten (10) day period, the non-defaulting party may terminate the Agreement on further written notice specifying the date of termination.

Alternatively, County may elect to cure the default and any expense incurred shall be payable by Contractor to County.

If the nature of the breach is such that it cannot be cured within a ten (10) day period, the defaulting party may submit a written proposal within that period which sets forth a specific means to resolve the default and a date certain for completion. If the nondefaulting party consents to that proposal in writing, the defaulting party shall immediately embark on its plan to cure. If the default is not cured within the time specified, the non-defaulting party may terminate upon written notice specifying the date of termination.

C. Effects of Termination. Termination of this Agreement shall not terminate any obligations of any liability to County for damages sustained by County because of any breach of contract by Contractor, nor to indemnify, to maintain and make available any records pertaining to this Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination contract activities.

D. Forbearance Not to be Construed as Waiver of Breach or Default. In no event shall any act of forbearance by either party constitute a waiver of any breach of this Agreement or any default which may then exist, nor shall such act impair or prejudice any remedy available to the non-breaching party with respect to the breach or default.

8. INSURANCE
A. Without limiting County’s right to obtain indemnification from Contractor or any third parties, prior to commencement of work, Contractor shall purchase and maintain the following types of insurance for minimum limits indicated during the term of this Agreement and provide an Endorsed Additional Insured page from Contractor’s Insurance Carrier guaranteeing such coverage to County. Such page shall be mailed as set forth under the Notice Section of this Agreement prior to the execution of this Agreement. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, County may, in addition to other remedies it may have, suspend, or terminate this Agreement upon the occurrence of such event.

1. Commercial General Liability. Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) annual aggregate covering bodily injury, personal injury and property damage. County and its officers, employees and agents shall be endorsed to above policies as additional insured, using ISO form CG 20 26 or an alternate form that is at least as broad as form CG 20 26, as to any liability arising from the performance of this Agreement.

April 27, 2023 Pg. 52
4 2. Automobile Liability. Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Five Hundred Thousand Dollars ($500,000) per person, One Million Dollars ($1,000,000) per accident and for property damages not less than One Hundred Thousand Dollars ($100,000), or such coverage with a combined single limit of One Million Dollars ($1,000,000).

Coverage should include owned and non-owned vehicles used in connection with this Agreement.

3. Workers Compensation. Statutory coverage, if and as required according to the California Labor Code. The policy shall be endorsed to waive the insurer’s subrogation rights against County.

4. Professional Liability . One Million Dollars ($1,000,000) limit per occurrence or claim and Three Million Dollars ($3,000,000) annual aggregate limit covering Contractor’s wrongful acts, errors and omissions.

B. Insurance is to be placed with admitted insurers rated by A.M. Best Co. as A:VII or higher. Lower rated, or approved but not admitted insurers, may be accepted if prior approval is given by County’s Risk Manager.

C. Each of the above required policies shall be endorsed to provide County with thirty (30) days prior written notice of cancellation. County is not liable for the payment of premiums or assessments on the policy. No cancellation provisions in the insurance policy shall be construed in derogation of the continuing duty of Contractor to furnish insurance during the term of this Agreement.

9. INDEMNIFICATION
A. When the law establishes a professional standard of care for Contractor’s services, to the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless County and any and all of its Board members, officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent Contractor is responsible for such damages, liabilities, and costs on a comparative basis of fault between Contractor and County in the performance of professional services under this Agreement. Contractor shall not be obligated to defend or indemnify County for County’s own negligence or for the negligence of third parties.

B. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend, and hold harmless County, and any and all of its Board members, officials, employees, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any act, omission, April 27, 2023 Pg. 53
5 fault or negligence, whether active or passive, by Contractor or by any individual or entity for which Contractor is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Contractor.

C. This indemnification specifically includes any claims that may be against County by any taxing authority or third party asserting that an employer-employee relationship exists by reason of this Agreement.

D. These indemnification obligations shall survive the termination of this Agreement as to any act, omission, fault or negligence occurring during this Agreement or any extension of this Agreement. The County’s rights to indemnification are in addition to and shall not limit any other rights or remedies that County may have under law or this Agreement.

10. INDEPENDENT CONTRACTOR
Contractor is an independent contractor and not an agent, officer or employee of County.

The parties mutually understand and agree that this Agreement is by and between two independent contractors and is not intended to, and shall not be construed to create, the relationship of agent, servant, employee, partnership, joint venture or association.

11. COMPLIANCE WITH LAW
Contractor shall comply with all federal, state and local laws and regulations applicable to its performance including, but limited to, Government Code section 8350 et seq. regarding a drug free workplace and all health and safety standards set forth by the State of California and County.

12. CONFIDENTIALITY
Contractor shall not use County confidential information for any purpose other than carrying out Contractor's obligations under this Agreement. Contractor shall prevent unauthorized disclosure of any County confidential information. Contractor shall promptly transmit to County all requests for disclosure of County confidential information.

13. CONFLICT OF INTEREST
Contractor warrants that its employees or their immediate families or Board of Directors or officers have no financial interest, including, but not limited to, other projects or independent contracts, and shall not acquire any financial interest, direct or indirect, which conflicts with the rendering of services under this Agreement. Contractor shall employ or retain no such person while rendering services under this Agreement. Services rendered by Contractor’s associates or April 27, 2023 Pg. 54
6 employees shall not relieve Contractor from personal responsibility under this clause. Contractor has an affirmative duty to disclose to County in writing the name(s) of any person(s) who have an actual, potential or apparent conflict of interest.

14. NONDISCRIMINATION
In rendering services under this Agreement, Contractor shall comply with all applicable federal, state and local laws, rules and regulations and shall not discriminate based on age, ancestry, color, gender, marital status, medical condition, national origin, physical or mental disability, race, religion, gender identity, or sexual orientation.

Further, Contractor shall not discriminate against its employees, which includes, but is not limited to, 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.

15. SUBCONTRACTORS
Services under this Agreement are deemed to be personal services. Contractor warrants that it has not and it shall not subcontract any work under this Agreement without the prior written consent of County subject to any required state or federal approval.

16. ASSIGNMENT
Contractor shall not assign this Agreement or monies due without the prior written consent of County subject to any required state or federal approval. Assignment by Contractor of any monies due shall not constitute an assignment of the Agreement.

17. UNFORESEEN CIRCUMSTANCES
Neither party shall be responsible for any delay caused by natural disaster, war, civil disturbance, labor dispute or other cause beyond a party’s reasonable control, provided written notice is provided to the other party of the cause of the delay within ten (10) days of the start of the delay. Thereafter, the parties shall meet and confer as to whether to amend, suspend, or terminate this Agreement.

18. OWNERSHIP OF DOCUMENTS
County shall be the owner of and shall be entitled to possession of any computations, plans, correspondence or other pertinent data and information gathered by or computed by Contractor prior to termination of this Agreement by County or upon completion of the work pursuant to this Agreement. County’s reuse of any such materials on any project other than the project for which they were originally intended shall be at County’s sole risk. No material prepared in connection with the project shall be subject to copyright in the United States or in any other county.

April 27, 2023 Pg. 55
7 19. NOTICE
Any notice necessary to the performance of this Agreement shall be given in writing by personal delivery, fax, overnight carrier, e-mail or by prepaid first-class mail addressed as follows:

COUNTY: CONTRACTOR:

COUNTY OF KINGS

PURHCASING DIVISION
1400 W. LACEY BLVD.

HANFORD, CA 93230
If notice is given by: a) personal delivery, it is effective as of the date of personal delivery; b) fax, it is effective as of the date of the fax; c) overnight carrier, it is effective as of the date of delivery; d) e-mail, it is effective as of the date it was sent; e) mail, it is effective as of five (5) days following the date of mailing or the date of delivery reflected upon a return receipt, whichever occurs first.

20. CHOICE OF LAW
The parties have executed and delivered this Agreement in the County of Kings, State of California. The parties agree that the laws of the State of California shall govern the validity, enforceability or interpretation of this Agreement and Kings County shall be the venue for any action or proceeding, in law or equity that may be brought in connection with this Agreement.

Contractor hereby waives any rights it may possess under Section 394 of the Code of Civil Procedure to transfer to a neutral county or other venue any action arising out of this Agreement.

21. SEVERABILITY
If any of the provisions of this Agreement is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.

22. SURVIVAL
The following sections shall survive the termination of this Agreement: Section 5 Records and Inspections, Section 8 Insurance, Section 9 Indemnification, and Section 12 Confidentiality.

23. NO THIRD-PARTY BENEFICIARIES.

County and Contractor are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide, any right or benefit, whether directly or indirectly or otherwise, to April 27, 2023 Pg. 56
8 a third party.

24. ENTIRE AGREEMENT; CONTRIBUTIONS OF BOTH PARTIES; IMAGED AGREEMENT This Agreement, including its Recitals and Exhibits which are fully incorporated into and are integral parts of this Agreement, constitutes the entire agreement between the parties and there are no inducements, promises, terms, conditions or obligations made or entered into by County or Contractor other than those contained herein.

The parties agree that each party had had an opportunity to review this Agreement and consult with legal counsel and it is expressly agreed and understood that the rule stated in Civil Code section 1654, that ambiguities in a contract should be construed against the drafter, shall have no application to the construction of the Agreement.

An original executed Agreement may be imaged and electronically stored. Such imaged Agreement may be used in the same manner and for the same purposes as the original. Neither party may object to the admissibility of the imaged Agreement on the basis that it was not originated or maintained in documentary form.

25. AUTHORITY
Each signatory to this Agreement represents that it is authorized to enter into this Agreement and to bind the party to which its signature represents.

April 27, 2023 Pg. 57
9 IN WITNESS WHEREOF the parties have executed this Agreement the day and year first written above.

COUNTY OF KINGS
By:

Joe Neves,
Chairman
_ By:

ATTEST:
_
Catherine Venturella, Clerk to the Board
Approved and Endorsements Received:

Sarah Poots
APPROVED AS TO FORM:

Diane Freeman, County
Counsel
By:

Exhibits/Attachments:

Exhibit A: Scope of Work
Exhibit B: Fees
April 27, 2023 Pg. 58
1 Agreement No. 2023-01

MEMORANDUM OF UNDERSTANDING

REGARDING

COUNTY OF KINGS

REGIONAL EARLY ACTION PLANNING FUNDS
This Memorandum of Understanding (“MOU”), effective as of ________________, 2023 is made and entered into by and between KINGS COUNTY ASSOCIATION OF GOVERNMENTS, a Joint Powers Authority established under California Government Code section 6500, et seq. (“KCAG”) and the COUNTY OF KINGS (“Sponsor”) (collectively, “Parties”).

RECITALS
WHEREAS, the California Department of Housing and Community Development (“HCD”) has provided funds to local public agencies as part of the Regional Early Action Planning (“REAP”) Program; and
WHEREAS, REAP Program funds may be used to conduct planning activities that will accelerate housing production and housing-related initiatives; and WHEREAS, the REAP funds have been made available to the Central Valley region through the San Joaquin Valley REAP Committee on behalf of the Fresno Council of Governments, the Kern Council of Governments, KCAG, the Madera County Transportation Commission, the Merced County Association of Governments, the Stanislaus Council of Governments, the Tulare County Association of Governments, and the San Joaquin Council of Governments; and WHEREAS, members of the San Joaquin Valley REAP Committee signed a regional Memorandum of Understanding (“RMOU”) to facilitate the further sub-allocation of the funds to local jurisdictions. A copy of the RMOU is attached hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, the RMOU has delegated the responsibility to KCAG for administration of the grant allocation locally, and KCAG has established the procedures and processes necessary to fulfill that responsibility; and
WHEREAS, KCAG desires to work with Sponsor to support the local housing planning efforts of its constituent agencies (City of Avenal, City of Corcoran, City of Hanford, City of Lemoore, and County of Kings) through the use of REAP Program funds.

NOW, THEREFORE, in consideration of the mutual promises and undertakings herein made and the mutual benefits to be derived therefrom, the Parties agree as follows:

AGREEMENT

1.1 Project Description. The project descriptions, scope of work, delivery schedule, and the anticipated timing for release of REAP funds are specified in Exhibit B and incorporated herein by this reference (the “Project”).

April 27, 2023 Pg. 59
2 1.2 Change In Project Scope. A change in the Project Scope of Work as described in Exhibit B may not be implemented until it has been approved in writing by KCAG.

1.3 Eligible Reimbursement Costs. Eligible reimbursement costs shall be the same as defined by HCD statutes, rules and regulations.

1.4 Use of Funds. Sponsor shall use REAP funds consistent with the Project Scope of Work as described in Exhibit B or as approved by KCAG pursuant to Section 1.2.

1.5 Timely Use of Funds. REAP funds are one-time, housing planning funds that must be expended no later than December 31, 2024. KCAG staff will monitor Sponsor’s expenditures on an annual basis to minimize the risk of losing funds that are intended to benefit the region. If expenditures appear to be behind schedule, Sponsor agrees to work with KCAG to establish a schedule to expend funds or to determine whether to reprogram funds to maximize the regional benefit. The Parties agree that, to meet the State expenditure deadline and to submit required reporting and invoicing timely, all REAP funds shall be expended by August 31, 2024.

1.6 Completion of Project. Sponsor shall be responsible for the timely completion of the Project and to provide management of consultant and contractor activities, including responsibility for scheduling, budgeting, and oversight of the services, consistent with Exhibit B.

1.7 Invoices and Progress Reports. Sponsor shall submit to KCAG an invoice and progress report monthly reflecting all expenses incurred up to the date of submission for eligible activities conducted during the MOU period.

1.8 Termination of MOU. The Parties agree that this MOU will terminate on December 31, 2024, unless modified in writing and signed by both Parties prior to that date.

IN WITNESS WHEREOF, the undersigned Parties have executed this MOU on the day and year first written above.

Terri King, Executive Director Date
Kings County Association
of Governments
Chuck Kinney, Director Date
Kings County Community Development
April 27, 2023 Pg. 60
3 H:\KCAG\Housing\Housing Element 2023\REAP Agreement\KCAG-Kings County REAP MOU Final.docx APPROVED AS TO FORM:

General Counsel Date
Kings County Association
of Governments
APPROVED AS TO FORM:

County Counsel Date
County of Kings
EXHIBITS:

Exhibit A- San Joaquin Valley RMOU
Exhibit B- Project Scope of Work
April 27, 2023 Pg. 61

EXHIBIT A

SAN JOAQUIN VALLEY REAP COMMITTEE

REGIONAL MOU
April 27, 2023 Pg. 62
April 27, 2023 Pg. 63
April 27, 2023 Pg. 64
April 27, 2023 Pg. 65
April 27, 2023 Pg. 66
April 27, 2023 Pg. 67
April 27, 2023 Pg. 68
The Members have caused this Amendment No. 1 to MOU to be executed as of the Effective Date.

Fresno Council of Governments
By:
___________________________
Tony Boren, Director
Kern Council of Governments
By:
____________________________
Ahron Hakimi, Director
Kings County Association of
Governments
By:
___________________________
Terri King, Director
Madera County Transportation
Commission
By:
______________________________
Patricia Taylor, Director
Merced County Association of
Governments
By:
_______________________________
Stacie Dabbs, Director
San Joaquin Council of
Governments
By:
_______________________________
Diane Nguyen, Director
Stanislaus Council of Governments
By:
_______________________________
Rosa Park, Director
Tulare County Association of
Governments
By:
_______________________________
Ted Smalley, Director
April 27, 2023 Pg. 72
April 27, 2023 Pg. 73
EXHIBIT B-1
April 27, 2023 Pg. 74
San$Joaquin$Valley$REAP$Summary$Funding$Table
<"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"Initial"Funding"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#"#""> Summary
Phase$I Phase$II Phase$III
(1st%app) (2nd%app) (3rd%app)
Funds Funds Total
Original$for$ Sub$Aloc Additional$ Total Valleywide Supplemental Total Sub$Aloc Dedicated$to Dedicated$to$ HCD RHNA Cities\County RHNA$(a) Phase$I Planning RHNA$(b) Phase$II Cities\County REAP RHNA$ Program FCOG 187,989 762,257 164,491 1,114,738 4,475,000 125,000 2,057,660 7,294,918 477,480 7,772,398 Kern 168,871 684,737 147,762 1,001,370 125,000 1,848,399 2,533,136 441,633 2,974,769 Kings 28,492 115,527 24,930 168,949 125,000 311,858 427,386 178,422 605,808 Madera 29,155 118,219 25,511 172,886 125,000 319,124 437,344 179,666 617,010 Merced 52,345 212,248 45,802 310,395 125,000 572,948 785,196 223,147 1,008,343 San$Joaquin 142,517 577,877 124,703 845,097 125,000 1,559,939 2,137,817 392,220 2,530,037 Stanislaus 102,407 415,238 89,606 607,250 125,000 1,120,905 1,536,143 317,013 1,853,156 Tulare 88,223 357,727 77,195 523,145 125,000 965,658 1,323,384 290,419 1,613,803 Total 800,000 3,243,831 700,000 4,743,831 4,475,000 1,000,000 5,475,000 8,756,492 16,475,323 2,500,000 18,975,323 Percentage 17% 68% 15% 100% 82% 18% 100% 100% 87% 13% 100% Significant4Local Proposed4future4
Agency4Involvement4 funding,4subject4to4
in4REAP4process change4by4HCD
Notes: (a)"Sum"of"Valleywide"Tech"Assist,"Admin"and"Housing"Report"that"was"in"the"1st"app"and"subsequently"moved"to"the"2nd"app." (b)"$1M"transferred"from"Valleywide"to"regional"planning"agencies"for"RHNA"planning."Also"can"be"used"for"admin"and"project"staffing/management.

Phase$II$(2nd$app)$Valleywide$Budget
Supplemental4RHNA 1,000,000
Comprehensive4Housing4Report 500,000
Housing4Report4Policy4Implem. 1,000,000
Household4Travel4Survey 500,000
Consultant4Bench 1,500,000
Outreach,4Marketing 250,000
Fresno4COG4Admin 300,000
Housing4Program4Manager 314,200
Reserve/Contingencies 110,800
5,475,000
Draft
April 27, 2023 Pg. 75

Page 1 of 7 ends

MEMORANDUM OF UNDERSTANDING
San Joaquin Valley Regional Early Action Planning Committee for Housing This memorandum of understanding (“MOU”) is made this 19th day of November 2020 (“Effective Date”), by and between the agencies (“Members”) comprising the San Joaquin Valley Regional Early Action Planning Committee for Housing (“Committee”) set forth below:

Fresno Council of Governments
2035 Tulare Street Suite 201
Fresno, CA 93721
Email: [email protected]
Kern Council of Governments
1401 19th Street, Suite 300
Bakersfield, California 93301
Email: [email protected]
Kings County Association of
Governments
339 W D Street
Lemoore, CA 93245
Email: [email protected]
Madera County Transportation
Commission
2001 Howard Road, Suite 201
Madera, CA 93637
Email: [email protected]
Merced County Association of
Governments
369 W 18th Street
Merced, CA 95340
Email: [email protected]
San Joaquin Council of Governments
555 E Weber Avenue
Stockton, CA 95202
Email: [email protected]
Stanislaus Council of Governments
1111 “I” Street, Suite 308
Modesto, CA 95354
Email: [email protected]
Tulare County Association of
Governments
210 N Church Street, Suite B
Visalia, CA 93291
Email: [email protected]

RECITALS
A. Under section 50515.02, subdivision (a), of the Health and Safety Code, the State of California Department of Housing and Community Development (“HCD”) has made available one hundred twenty-five million dollars ($125,000,000) in local government planning support grants to regional entities and working groups as outlined by the statute.

B. The Committee is one of the working groups identified in section 50515.02, subdivision (a), of the Health and Safety Code.

C. On June 26, 2020, the Members approved submission of an application for grant funding (“Application”) to HCD by Fresno Council of Governments (“FCOG”) as the fiscal agent on behalf of the Committee.

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D. On August 14, 2020, HCD approved the Application and an allocation of $10,218,830.75 in grant funds (the “Initial Grant”) to the Members through FCOG.

E. On August 20, 2020, FCOG and HCD executed grant funding agreement number 19-REAP-14029 (“Agreement”). A true and correct copy of the Agreement is attached hereto as “Exhibit A.”
F. This MOU is intended to reflect the Members’ understanding of the distribution of the Initial Grant and to facilitate the subsequent implementation of activities by the Members in furtherance of the purposes for which the Initial Grant was approved by HCD.

The Members therefore agree as follows:

1. Allocation of Initial Grant. The Members agree to allocate the $10,218,830.75 of the Initial Grant as follows:
a. FCOG will retain $5,475,000 of the Initial Grant to perform the following tasks:
i. FCOG shall prepare a comprehensive housing report and policy recommendations for implementation, as stated in the Application.

FCOG may enter into agreements as necessary to perform its obligations under this provision of the MOU and under the Application and Agreement.
ii. FCOG shall conduct regional planning and coordination, and provide technical assistance, as stated in the Application. FCOG may enter into agreements as necessary to perform its obligations under this term of the MOU and under the Application and Agreement. iii. FCOG shall administer of the Application, Agreement, this MOU, and the Initial Grant, as stated in the Application.
b. FCOG shall distribute the remaining $4,743,830.75 of the Initial Grant directly to each of the Members, as more particularly described in “Exhibit B,” in proportion to each Member’s relative population using California Department of Finance population estimates updated as of January 2020.

2. Compliance with the Agreement and MOU. Each Member hereby acknowledges its cognizance of and its understanding of its obligation to comply with the terms and conditions of the Agreement and MOU. Each Member agrees to abide by the terms and conditions of the Agreement and to undertake all actions requested by FCOG pursuant to the Agreement or MOU, in order to facilitate FCOG’s compliance with the terms and conditions of the Agreement.

3. Compliance with the Law. Each Member agrees to comply with all Federal, State, and local laws in the performance of its obligations under this MOU.

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4. Sub-Agreements. Copies of all agreements between any Member and any subrecipient, contractor or subcontractor shall be submitted to FCOG, so that they then may be provided to HCD’s Program Manager as required by Exhibit D, section 8, paragraph B of the Agreement.

5. Quarterly Reports. Each Member also shall deliver to FCOG, on a quarterly basis, status reports and accounting records reflecting any expenditure of the Initial Grant by that Member or by a sub-recipient of that Member. Each Member shall deliver its status reports and accounting records within thirty (30) days following the end of the period covered by the document. Each member’s quarterly status reports shall, at a minimum, include discussion of any allocations or sub-allocations of the Initial Grant, a description of any project initiated in whole or in part with the Initial Grant and a description of the progress made on any such project.

6. Retention of Records. Each Member shall maintain public records (as that term is defined in Government Code section 6252) (collectively, “Records”) required under the Agreement, relating to any matter contained in this MOU, or demonstrating that the Initial Grant was used in a manner consistent with the Agreement. Each Member shall make the Records available to FCOG, HCD or the State Auditor upon demand. Each Member shall maintain the Records and make them available for inspection for a period of at least one (1) year following the termination of this MOU or the time specified in Government Code section 8546.7, whichever is later. Records relating to any audit or litigation relevant to this MOU or the Agreement shall be retained by each Member for five years after the conclusion or final resolution of such matter, as required by Exhibit D, section 3, paragraph E of the Agreement.

7. Disallowed Costs. Each Member shall return to FCOG any funds which HCD has disallowed within 90 days following notice to the Member.

8. Indemnity.
a. Each Member shall indemnify FCOG, along with FCOG’s officers, directors, and employees, for any costs or liabilities (including without limitation for damages, court costs, attorneys’ fees, and expert witness fees) arising from, resulting from, or in connection with that Member’s actions with respect to subject matter of this MOU or relating in any way to the use of the Initial Grant proceeds by that Member or any sub-recipient, contractor, or subcontractor of that Member.
b. Notwithstanding, the obligation to indemnify shall not apply to any costs or liabilities caused solely by the active negligence or willful misconduct of FCOG or any of its officers, directors, and employees.

9. Duration of MOU. This MOU shall be in effect from the Effective Date until December 31, 2024 unless its term is extended by written modification in accordance with the provisions of section 12, paragraph c of this MOU.

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10. Subsequent MOUs. The Members understand and agree that subsequent MOUs may be necessary to facilitate the distribution of further grant funding from HCD under section 50515.02, subdivision (a), of the Health and Safety Code. The Members hereby commit to negotiate the terms and conditions of such subsequent MOUs in good faith, in order to achieve concurrence and ensure execution of same in a timely fashion.

11. Notices. All notices provided for or permitted under this MOU must be in writing and delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, or as a PDF attachment to an email sent to the addresses provided for the Members above. Any Member may change its address for receipt of notice by providing notice of that change as provided in this section 11.
a. A notice delivered by personal service is effective upon service to the recipient.
b. A notice delivered by first-class United States mail is effective three business days after deposit in the United States mail, postage prepaid, addressed to the recipient.
c. A notice delivered by an overnight commercial courier service is effective one County business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient.
d. A notice delivered by email is effective when sent, if the email is sent between the hours of 8:00 am and 5:00 pm on a business day. If sent outside the hours of 8:00 am and 5:00 pm on a business day, a notice delivered by email becomes effective on the first business day following.

12. General Provisions.
a. This MOU is binding upon and shall inure to the benefit of any successors or assigns of the Members.
b. This MOU represents the entire understanding of the Members as to those matters contained in this MOU. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in this MOU. c. This MOU may not be modified or altered except by writing signed by all Members.
d. No Member may assign, delegate or transfer its rights and duties in this MOU without the written consent of all other Members, except that any Member may enter into one or more sub-agreements with any sub-recipient, contractor, or subcontractor to implement activities in furtherance of the April 27, 2023 Pg. 79

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purposes for which the Initial Grant was approved by HCD without the necessity of obtaining such consent.
e. Any dispute arising under this MOU, which is not resolvable by informal mediation between or among the Members, shall be adjudicated in a court of law under the laws of the State of California.
f. For all claims arising from or related to this MOU, nothing in this MOU establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including the Government Claims Act (Division

3.6 of Title 1 of the Government Code, beginning with section 810). g. This MOU shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this MOU shall only be in California. Any action brought to interpret or enforce this MOU, or any of the terms or conditions hereof, shall be brought and maintained in the Fresno County Superior Court.
h. If any part of this MOU is found by a court of competent jurisdiction to be unlawful or otherwise unenforceable, the balance of this MOU remains in full force and effect, and the Members shall make best efforts to replace the unlawful or unenforceable part of this MOU with lawful and enforceable terms intended to accomplish the Members’ original intent. i. Section headings are provided for convenience only and are not part of this MOU.
j. This MOU does not and is not intended to create any rights or obligations for any person or entity except for the Members.
k. Each Member represents and warrants that the individual signing this MOU is duly authorized to do so and their signature on this MOU legally binds that Member to the terms of this MOU.
l. This MOU may be signed in counterparts, each of which is an original, and all of which together constitute this MOU.
[Signature pages follow.]
April 27, 2023 Pg. 80

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The Members have caused this MOU to be executed as of the date and year first above written.

Fresno Council of Governments
By:
___________________________
Tony Boren, Director
Approved as to Legal Form:

By:
_____________________________

Print:
_______________________________
Kern Council of Governments
By:
____________________________
Ahron Hakimi, Director
Approved as to Legal Form:

By
:_____________________________

Print:
_______________________________
Kings County Association of
Governments
By:
___________________________
Terri King, Director
Approved as to Legal Form: