City of Carpinteria
City Council Regular Meeting Agenda
Monday, March 27, 2023
Council Chamber, 5775 Carpinteria Avenue
4:30 p.m. Closed Session - 5:30 p.m. Regular Meeting
In-Person and Virtual Participation Options
***AMENDED AGENDA***
Attendance/Viewing Options:
• Attend the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.).
• View the meeting live through the City’s website https://carpinteriaca.gov/cityhall/agendas-meetings/) on your computer, tablet or smartphone. • View the meeting on Government Access Television Channel 21 (broadcast live and rebroadcast on the Wednesday and the Saturday following the meeting at 8:00 p.m. and 5:00 p.m., respectively).
• Call 669-900-9128 (and enter Webinar ID 889 0390 2262) to listen to the meeting on your phone.
• Join the City’s Zoom webinar from your computer, tablet, or smartphone by CLICKING HERE. Alternatively, you can join the Zoom webinar by logging on to www.zoom.us, downloading the application, selecting "Join Meeting", and entering Webinar ID 889 0390 2262.
Public Comments
• Provide a live public comment during the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.). Please note the City has the discretion to limit both the overall and individual speaker time for any meeting or agenda matter. Typically, the Council’s practice has been to limit each speaker to three minutes.
• Provide a live comment through the City’s Zoom webinar platform (through the link provided above). To make public comments through this platform please use the “raise your hand” feature to notify staff that you would like to make a public comment during designated public comment times. Once it is your turn to provide a public comment, staff will unmute your microphone and you will be given a designated amount of time to provide your comment (typically, the practice has been up to 3 minutes per speaker on each item). At the end of your comment, staff will once again mute your microphone.
City Council Regular Meeting Agenda
March 27, 2023
• Submit a written comment (as either a general public comment or on a specific agenda item) to be distributed to Council Members by 12:00 P.M. on the day of the meeting by either submitting your comment via (1) email to [email protected], (PLEASE NOTE NEW PUBLIC COMMENT EMAIL ADDRESS) or (2) the eComment link on the City's agenda website (https://carpinteriaca.gov/city-hall/agendas-meetings/). Please reference the agenda item to which your comment pertains. While written comments become part of the record, they will not be read aloud at the meeting.
Please note that the City will make every effort to make the meeting accessible virtually; however, if one of the above virtual attendance/viewing or public comment options is unavailable due to technological issues, you are invited to take advantage of one of the other participation options outlined above (including attending and providing public comment in-person in the City Council Chambers). Additional options may be made available at the meeting.
Also, please note that Spanish interpretation will be available at the in-person meeting and through the City’s Zoom webinar.
CALL TO ORDER
ROLL CALL
PUBLIC COMMENT ON CLOSED SESSION MATTERS
CLOSED SESSION
1. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL – EXISTING
LITIGATION
Government Code section 54956.9(d)(1)
Name of case: DARIO L. PINI, an individual; DARIO L. PINI, Trustee of the DARIO L. PINI TRUST U/D/T DATED MARCH 2, 2015, Plaintiffs, v. THE CITY OF CARPINTERIA, a political subdivision of the State of California, DOES 1-10, Defendants, SBSC Case No. 23CV01129.
TEMPORARY ADJOURNMENT TO CLOSED SESSION
CALL TO ORDER
ROLL CALL
CLOSED SESSION REPORT
PLEDGE OF ALLEGIANCE
City Council Regular Meeting Agenda
March 27, 2023
COUNCILMEMBER(S) REQUEST FOR REMOTE PARTICIPATION UNDER AB 2449:
The City Council may consider Councilmember(s) request to participate in the meeting remotely under the regulations of AB 2449 by making the necessary findings and voting on whether the Councilmember(s) may participate remotely.
AGENDA MODIFICATIONS: The City Council may modify the regular agenda by tabling items, adding urgency items to the agenda, or changing the order in which items are considered. Changes to the Consent Calendar are considered at the time the Consent Calendar is considered.
INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS:
2. Proclamation Designating April 2023 as Carpinteria Business Month.
3. Proclamation Designating April 2023 as DMV/Donate Life Month.
4. Proclamation Designating the Week of April 15 – 22, 2023, as “International Dark Sky Week”.
PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
This may include updates on law enforcement activity within the City from a Sheriff’s Office representative.
CITY MANAGER’S REPORT
The City Manager will report to the City Council regarding various City and/or community events and/or matters of interest. There will be no City Council discussion except to ask questions or refer matters to staff; and no action will be taken unless listed on a subsequent agenda.
a. Planning Commission Actions
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
This is a time for public comments on matters not otherwise on the agenda but within the subject matter jurisdiction of the City Council. The Public Comment period is limited to 15 minutes and divided among those persons desiring to speak. No person shall speak longer than three minutes; however, the Mayor may establish shorter periods based on the time available and/or the number of persons waiting to speak. Persons wishing to speak on a specific item will be recognized at the time the agenda item is considered.
The audio-visual system in the Council Chamber is not available for speaker use during the general Public Comment period.
City Council Regular Meeting Agenda
March 27, 2023
The City and the City Council are not responsible for the content of statements made during the public comment period, or the factual accuracy of any such statements.
CONSENT CALENDAR: Items on the consent calendar are considered to be routine and are normally enacted by one unanimous vote of the Council. If you wish to speak on a consent calendar item please do so during the public comment period provided at the beginning of this item.
5. Approve the minutes of the regular meeting held March 13, 2023.
6. Receive and file the Expenditures for the period beginning March 4, 2023 and ending March 17, 2023.
7. Receive and file the Contracts Executed by the City Manager on behalf of the City for the Period of February 21, 2023 through March 20, 2023.
8. Receive and file the Monthly City Treasurer’s Report on Compliance with Statement of Safekeeping for the Month of February 2023.
9. Adopt Resolution No. 6214, as read by title only, directing the City Manager to prepare an assessment report for the consideration of continuing Street Lighting District No. 1 for the Fiscal Year 2023-24.
10. Adopt Resolution No. 6215, as read by title only, ordering the preparation of a report describing the financial status of the District and recommending assessments for Fiscal Year 2023-24 for Carpinteria Lighting, Landscaping and Right of Way Improvement District No. 3.
11. Adopt Resolution No. 6216, ordering a report by the Downtown “T” Business Advisory Board for the purpose of continuing assessments for the Carpinteria Parking and Business Improvement Area Assessment District No. 4 for Fiscal Year 2023-24.
12. Adopt Resolution No. 6217, as read by title only, ordering the preparation of a report describing the Winter Protection Berm Program and associated assessment and continue the Winter Protection Berm Assessment District No. 5 for Fiscal Year 2023-24.
13. Authorize the City Manager to execute the Agreement with Rogers Anderson Malody & Scott, LLP for auditing services in an amount not to exceed $195,020. (This motion requires a roll call vote.)
ADMINISTRATIVE MATTERS:
City Council Regular Meeting Agenda
March 27, 2023
14. Authorize a construction contract for the Project known as the interim trail from Linden Avenue to Holly Avenue (399 Linden Avenue).
Recommendation: Authorize the City Manager to execute the attached Proposal in an amount not to exceed $33,800.00 for Bob’s Backhoe & Trucking to complete the trail from Linden to Holly Avenues.
Staff Presenter: Matt Roberts, Parks, Recreation & Public Facilities Director a. Staff Report
b. Public Comment
c. City Council Determination
15. Authorize the City Manager to execute an Agreement for Services in the amount of $46,800.00 to demolish an outbuilding located at 6155 Carpinteria Avenue (APN 001-180-040).
Recommendation: Authorize the City Manager to execute an Agreement for Services in an amount not to exceed $46,800.00 for Bob’s Backhoe & Trucking to demolish the outbuilding located at 6155 Carpinteria Avenue.
Staff Presenter: Matt Roberts, Parks, Recreation & Public Facilities Director a. Staff Report
b. Public Comment
c. City Council Determination
PUBLIC HEARING: NONE
CONSIDERATION OF ANY ITEMS REMOVED FROM CONSENT CALENDAR
AND/OR OTHER AGENDA ITEMS REQUESTED TO BE ADVANCED
MATTERS CONTINUED FROM PREVIOUS MEETINGS: NONE
OTHER BUSINESS:
16. Legislation position letter opposing Initiative 21-0042A1, a proposed state constitutional amendment to limit the ability of voters and state and local governments to raise revenues for government services.
Recommendation: Direct that a position letter for the Mayor’s signature be prepared for submittal to state representatives consistent with the request and sample letter provided by CalCities.
Staff Presenter: Dave Durflinger, City Manager
City Council Regular Meeting Agenda
March 27, 2023
a. Staff Report
b. Public Comment
c. City Council Determination
*17. Receive the recommendation of the City Manager Succession Process Committee to seek consultant proposals for executive search services for the City Manager position and for the Committee to vet proposals received and recommend a firm for Council consideration.
Recommendation: Direct staff to solicit proposals from executive search firms and request that the City Manager Succession Process Committee review and select a firm for Council consideration.
Staff Presenter: Dave Durflinger, City Manager
a. Staff Report
b. Public Comment
c. City Council Determination
LEGISLATIVE UPDATE: The City Council will discuss local, state and/or federal legislation under consideration and decide whether to direct staff to place a matter(s) on a future City Council agenda for consideration.
COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY
COUNCILMEMBERS
Informational reports from Councilmember representatives on the committees, commissions and organizations listed below. This is also an opportunity for Councilmembers to request information from staff or seek support from fellow Councilmembers for future agenda items.
1. Appointees to Other Government Agencies
a. Beach Erosion Authority for Clean Oceans and Nourishment (BEACON) (Solórzano/Alt. Clark)
b. California Joint Powers Insurance Authority (CJPIA) (Clark/Alt. Alarcon) c. Santa Barbara County Association of Governments (SBCAG)(Clark/Alt.
Nomura)
d. Santa Barbara County Air Pollution Control District (APCD)(Clark/Alt.
Nomura)
e. Central Coast Community Energy (3CE) (Nomura/Alt. Goleta) f. Santa Barbara Mosquito and Vector Management District (Joe Franken) g. Santa Barbara Metropolitan Transit District (Solórzano) City Council Regular Meeting Agenda
March 27, 2023
2. Regional Committees
a. Channel Counties Division, League of California Cities (Nomura/Alt.
Alarcon)
b. Santa Barbara Joint Affordable Housing Task Group (Alarcon & Solórzano) c. Santa Barbara County Elected Leaders Forum to Address Homelessness (Clark/Alt. Alarcon)
d. South Coast Youth Safety Partnership (Solórzano/Alt. Lee) e. Multijurisdictional Solid Waste Task Group (Lee/Alt. Alarcon)
3. Joint and Standing Committees
a. City Council/Economic Vitality Committee (Alarcon & Lee) b. City Council/Public Safety Committee (Clark & Nomura) c. City Council/School Board Committee (Lee and Alarcon) d. City Council/Utilities Committee (Lee & Nomura)
e. City Council/First District Supervisor Committee (Lee & Solórzano) f. City Council Finance/Budget Committee (Alarcon & Clark) g. Transportation Committee (Lee & Clark)
h. Development Review Committee (Joint Committee membership from City Council, Planning Commission and Architectural Review Board) (CC: Clark & Nomura) (PC: To Be Selected by Planning Commission) (ARB: Stein & O’Connor)
i. General Plan and Coastal Plan Update Committee (Joint Committee membership from City Council and Planning Commission) (Lee & Clark) (PC: To Be Selected by Planning Commission)
j. Public Facility Site Acquisition/Development Committee (Clark & Nomura) k. City Council Boards, Commissions and Committees Interview Committee (Clark & Nomura/ Alt. Lee)
4. Ad Hoc Committees
a. COVID-19 Communications Committee (Nomura & Clark)
b. Harbor Seal Advisory Committee (Clark & Alarcon)
c. Senior Services Planning Committee (Lee & Solórzano) d. Civic/Youth Engagement Committee (Lee & Nomura)
e. City Council Housing Element Committee (Clark & Nomura) f. City Manager Succession Process Committee (Nomura & Alarcon)
5. Appointed Representatives to Area Boards & Committees a. Community Media Access Center (Gary Dobbins)
b. County Library Advisory Committee (Gail Marshall)
City Council Regular Meeting Agenda
March 27, 2023
ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
ADJOURNMENT
The next regular City Council meeting will be held April 10, 2023 at 5:30 p.m.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Office at 755-4403 or the California Relay Service at (866) 735-2929. Notification two business days prior to the meeting will enable the City to make reasonable arrangements for accessibility to this meeting.
Materials related to an agenda item submitted to the City Council after distribution of the agenda packet are available for public review at the City Clerk's Office, located at 5775 Carpinteria Avenue, Carpinteria, CA 93013 or by going to the City’s website at https://carpinteriaca.gov/city-hall/agendas-meetings/.
This agenda was posted on Wednesday, March 22, 2023, in the City Clerk's Office, on the City Hall Public Notices Board, and on the Internet.
PROCLAMATION
PROCLAMATION OF THE CARPINTERIA
CITY COUNCIL DESIGNATING
APRIL 2023 AS CARPINTERIA
BUSINESS MONTH
WHEREAS, the City of Carpinteria depends on the success of its local business community to support various municipal services with local tax dollars to enhance the quality of life of the people of Carpinteria; and
WHEREAS, the local business community is a vital part of the growth and success of local schools, area non-profits and volunteer projects featuring hands-on and financial support of many dedicated local business leaders and their employees; and WHEREAS, the local business community has been responsible for a significant amount of private sector employment opportunities within the community, helping to ensure that our local workforce remains competitive and strong; and WHEREAS, the City of Carpinteria increased support to local business during the COVID-19 pandemic through the COVID-19 Small Business Relief Grant Program, created the City Hub with information and economic resources for business, and hand delivered Public Health Officer Order information specific to the business community; and
WHEREAS, the Santa Barbara South Coast Chamber of Commerce has represented local business interests to help build a strong local economy and a positive quality of life; and
WHEREAS, Since 1912 a Chamber of Commerce has represented local business interests to help build a strong local economy and a positive quality of life; and WHEREAS, the Santa Barbara South Coast Chamber of Commerce works alongside the City of Carpinteria to create a bridge between local business goals and those of the City's elected and appointed officials to implement positive economic, public health and safety, and environmentally protective public policies.
NOW, THEREFORE, BE IT RESOLVED, that in recognition of local businesses and the work of the Santa Barbara South Coast Chamber of Commerce, April 2023 is hereby designated as Carpinteria Business Month in the City of Carpinteria.
IN WITNESS THEREOF, the Mayor hereunto set their hand and caused the official seal of the City of Carpinteria, California, to be affixed this 27fh day of March, 2023.
Al Clark, Mayor
ATTEST:
Brian C. Barrett, CMC, CPMC
City Clerk
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A PROCLAMATION OF
THE CARPINTERIA CITY COUNCIL
DESIGNATING APRIL 2023
AS DMVIDONATE
LIFE MONTH
WHEREAS, organ, eye, tissue, marrow and blood donation are life-giving acts recognized worldwide as expressions of compassion to those in need; and WHEREAS, more than 100,000 individuals nationwide and more than 20,000 in California are currently on the national organ transplant waiting list, and on average, 17 people die each day while waiting; and
WHEREAS, the need for donated organs is especially urgent in Hispanic, Latino, and African American communities; and
WHEREAS, a single individual's donation of the heart, lungs, liver, kidneys, pancreas and small intestine can save up to eight lives; and WHEREAS, donation of tissue can save and heal the lives of more than 75 others; and
WHEREAS, organ donors saved more than 42,000 lives last year, the most ever,· and WHEREAS, any person can register to be an organ, eye and tissue donor regardless of age or medical conditions; and
WHEREAS, being a registered donor does not impact the quality of life-saving medical care a person receives in an emergency; and
WHEREAS, California residents can sign up to be an organ, eye and tissue donor when applying for or renewing their driver's licenses or ID cards at the California Department of Motor Vehicles; and
WHEREAS, California residents can sign up with the Donate Life California Donor Registry online at any time by visiting www.donateLIFEcalifornia.org or, for Spanishspeakers, www.doneVIDAcalifornia.org and, WHEREAS, California residents can sign up to be an organ, eye and tissue donor when applying for or renewing their driver's licenses or ID cards at the California Department of Motor Vehicles; and
WHEREAS, California residents interested in saving a life through living kidney donation may visit www.LivingDonationCalifornia.org.
NOW, THEREFORE BE IT RESOLVED that in recognition of National Donate Life Month, April 2023 is hereby designated as "DMV/Donate Life Month" in the City of Carpinteria and in doing so we encourage all California to check "YES!" online, or when applying for or renewing their driver's license or I.D. card at the OMV.
IN WITNESS THEREOF, The Mayor hereunto set their hand and caused the official sea/ of the City of Carpinteria, California, to be affixed this 27fh day of March, 2023.
ATTEST:
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Al Clark, Mayor
City of Carpinteria
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PROCLAMATION
A PROCLAMATION OF THE CITY
COUNCIL OF THE CITY OF CARPINTERIA
DESIGNATING THE WEEK OF
APRIL 15-22, 2023, AS
"INTERNATIONAL DARK SKY WEEK"
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WHEREAS, the aesthetic beauty and wonder of a star-filled night sky are the shared heritage of all humankind and the natural beauty of Carpinteria, including star-filled skies is valued by residents and visitors alike; and
WHEREAS, the experience of standing beneath a starry night sky inspires feelings of wonder and awe, and fosters a growing interest in science and nature, especially among young people within the Carpinteria community; and
WHEREAS, light pollution not only impacts the ability to see stars, but has scientificallyestablished economic and environmental consequences, which result in significant impacts to the ecology and human health of all communities, including Carpinteria; and WHEREAS, light pollution represents a waste of natural resources amounting to at least $3. 3 billion and the release of 21 million tons of carbon dioxide per year in the United States; and WHEREAS, Carpinteria's natural places are impacted by light pollution that affects nocturnal animals and overall ecosystem health, especially in the local habitats of the Carpinteria Salt Marsh, Carpinteria Bluffs, local creeks, and nearby foothills; and WHEREAS, reducing light pollution involves making better use of outdoor lighting to direct light down to where it is needed instead of upward into the sky, and using outdoor lighting only when and where necessary; and
WHEREAS, the International Dark-Sky Association, headquartered in the United States, is the globally-recognized authority on light pollution, and has created International Dark Sky Week to raise awareness of light pollution, and provide free education, resources, and solutions to the public to encourage the protection of and enjoyment of dark skies and responsible outdoor lighting; and
WHEREAS, the City's General Plan/Local Coastal Land Use Plan ensures that lighting of new development is sensitive and minimizes photopollution and lighting for development adjacent to environmentally sensitive habitat areas shall be designed to minimize potential impacts to habitats; and
WHEREAS, the City's General Plan/Local Coastal Land Use Plan encourages the establishment of a "night sky" ordinance that provides standards for the reduction of direct and ambient light in the night sky.
NOW, THEREFORE, the City Council of the City of Carpinteria hereby proclaims the week of April 15-22, 2023 as "INTERNATIONAL DARK SKY WEEK" in the City of Carpinteria, and urges all residents to learn about night sky friendly lighting, implement practices and improvements that will reduce light pollution, and look up and experience the wonder of the star-filled night.
IN WITNESS WHEREOF, the Mayor hereunto set their hand and caused the official sea/ of the City of Carpinteria, California to be affixed this 27th day of March, 2023.
Al Clark, Mayor
City of Carpinteria
ATTEST:
Brian C. Barrett, CMG, CPMC
City Clerk, City of Carpinteria
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MEMORANDUM
Date:
To:
From:
Subject:
March 21, 2023
City Council _ /
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Steve Goggia, Community Development Director
March 20, 2023 Planning Commission Actions
On Monday March 20
th the Planning Commission considered the following hearing request with all five Planning Commissioners in attendance:
1) Housing Element Update 2023-2031
Project# 22-2157-GP
Address: Citywide
• Applicant: City of Carpinteria
Planner: John Douglas
Hearing to review comments from the California Department of Housing and Community Development (HCD), the City's revised draft 2023-2031 Housing Element addressing comments from HCD and other parties, receive additional public comments, and consider a recommendation to the City Council for adoption of the Housing Element.
The Planning Commission voted 4-0 (Sa/ant abstain) to recommend that the that the City Council find the proposed action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b)(3); and direct staff to supplement, amend, and revise the draft Housing Element with non-substantial changes in preparation for the City Council meeting to adopt the Housing Element. •
City of Carpinteria
City Council Minutes
Regular Meeting
Monday, March 13, 2023
In-Person and Virtual
CALL TO ORDER
Mayor Clark called the meeting to order at 4:00 pm.
ROLL CALL
Councilmembers present: Councilmember Roy Lee
Councilmember Wade T. Nomura
Councilmember Mónica J. Solórzano
Vice Mayor Natalia Alarcon
Mayor Al Clark
Staff members present: Dave Durflinger, City Manager
Assistant City Manager Michael Ramirez
Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber
Schreck, LLP acting as City Attorney of the City
of Carpinteria
Brian C. Barrett, City Clerk
PUBLIC COMMENT ON CLOSED SESSION MATTERS
There was no public comment.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to 54956.9(d)(2): One potential case.
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): one potential case.
Facts and Circumstance: City Attorney to provide oral statement prior to closed session pursuant to Government Code section 54956.9(e)(2)
TEMPORARY ADJOURNMENT TO CLOSED SESSION
City Council Regular Meeting Minutes
March 13, 2023
Mayor Clark temporarily adjourned the meeting to Closed Session at 4:01 pm.
CALL TO ORDER
Mayor Clark called the meeting to order at 5:35 pm.
ROLL CALL
Councilmembers present: Councilmember Roy Lee
Councilmember Wade T. Nomura
Councilmember Mónica J. Solórzano
Vice Mayor Natalia Alarcon
Mayor Al Clark
Staff members present: Dave Durflinger, City Manager
Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber
Schreck, LLP acting as City Attorney of the City
of Carpinteria
Brian C. Barrett, City Clerk
Olivia Uribe Mutal, Program Manager
John L. Ilasin, Public Works Director
Marysol Smith, Associate Planner
Steve Goggia, Community Development Director
Jody Thomas, City Librarian
Licette Maldonado, Administrative Services Director
CLOSED SESSION REPORT
Legal Counsel Acos announced that there was no reportable action from either of the two Closed Session items.
PLEDGE OF ALLEGIANCE
Mayor Clark led those present in the salute to the flag.
COUNCILMEMBER(S) REQUEST FOR REMOTE PARTICIPATION UNDER AB 2449:
There were no Councilmember requests for remote participation.
AGENDA MODIFICATIONS: NONE
INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS:
City Council Regular Meeting Minutes
March 13, 2023
3. Adopt Resolution No. 6210 Commending and Thanking Chuck McQuary for His Dedicated Service as the City’s Representative on the Santa Barbara Metropolitan Transit District Board of Directors from 2007 to 2023.
Mayor Clark and the City Council presented Mr. McQuary with Resolution No. 6210. Mr.
McQuary provided remarks.
Speakers in-person: Jerry Estrada, General Manager of the Santa Barbara Metropolitan Transit District
Motion by Councilmember Nomura, seconded by Councilmember Lee, to adopt Resolution No. 6210 Commending and Thanking Chuck McQuary for His Dedicated Service as the City’s Representative on the Santa Barbara Metropolitan Transit District Board of Directors from 2007 to 2023. The roll call vote was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
4. Proclamation Designating the Month of April 2023 as “Carpinteria Beautiful Month”.
Mayor Clark and the City Council presented the proclamation to members of Carpinteria Beautiful.
Bryan Mootz, representing Carpinteria Beautiful provided remarks and presented a $500 check to the City for street tree plantings.
Motion by Councilmember Lee, seconded by Councilmember Nomura, to approve the Proclamation Designating the Month of April 2023 as “Carpinteria Beautiful Month”. The roll call vote was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY
MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES
City Council Regular Meeting Minutes
March 13, 2023
Mayor Clark temporarily adjourned the meeting at 5:48 pm.
RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL
Mayor Clark reconvened the meeting at 6:01 pm.
PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
Lieutenant Butch Arnoldi with the Santa Barbara County Sheriff’s Department provided an update on crime in the City.
CITY MANAGER’S REPORT
a. Update on January Storm Cleanup
Program Manager Uribe Mutal provided news on tomorrow’s rain storm and Public Works Director Ilasin provided an update on the January Storm Cleanup. b. Update on FEMA Mapping Process
Public Works Director Ilasin and City Manager Durflinger provided an update on the FEMA Mapping Process.
c. Planning Commission Actions
City Manager Durflinger noted that the Planning Commission meeting did not meet this month.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Speakers in-person: Bob Franco and Rick Olmstead
Speakers via Zoom: Jon Lewis (no comment provided) and Michelle Carlen Vice Mayor Alarcon responded to Mr. Franco’s comment.
City Manager Durflinger responded to Mr. Olmstead’s comment.
CONSENT CALENDAR:
There was no public comment.
Motion by Councilmember Lee, seconded by Councilmember Nomura, to approve the Consent Calendar Item Nos. 5 through 8. The roll call vote was as follows:
City Council Regular Meeting Minutes
March 13, 2023
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
5. Approve the minutes of the regular meeting held February 27, 2023.
6. Receive and file the Expenditures for the period beginning February 18, 2023 and ending March 3, 2023.
7. Adopt Resolution No. 6198, authorizing the filing of the Transportation Development Act Claim for Fiscal Year 2023/24.
8. Approve the second reading of Ordinance No. 763, as read by title only, to amend Chapter 12.24 and Chapter 10.62 of the Carpinteria Municipal Code to add regulations pertaining to skateboard and skate use at the Carpinteria Skate Park and to amend regulations pertaining to skateboard and skate use citywide. (This motion requires a roll call vote.)
ADMINISTRATIVE MATTERS:
9. Adoption of Resolution No. 6208, extending the emergency proclamation in response to the January 2023 storms and related emergency response.
Recommendation: (1) Adopt Resolution extending the emergency proclamation related to the January 2023 storms and related emergency response, pursuant to Government Code Sections 8558 and 8630, et seq., and Chapter 2.40 of the Carpinteria Municipal Code; and (2) Direct City staff to return at least every 60 days for consideration of further extending the emergency proclamation until such time that the response and recovery conditions dictate otherwise; and (3) Determine the above actions are not a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to Section 15378(b)(5) of the CEQA Guidelines, because the actions consist of organizational or administrative activities of the government that will not result in direct or indirect physical changes in the environment.
Program Manager Uribe Mutal presented the staff report.
Speakers via Zoom: Michelle Carlen
City Manager Durflinger responded to Ms. Carlen’s comment.
City Council Regular Meeting Minutes
March 13, 2023
Motion by Vice Mayor Alarcon, seconded by Councilmember Nomura, to (1) Adopt Resolution No. 6194, determining that an emergency situation continues to exist, as defined in Government Code section 54956.5, due to the impacts from the January 2023 storms and related emergency response, and the threat posed by future storms, and reratifying previously issued emergency proclamations; (2) Direct City staff to return to at least every 60 days for re-ratification of the emergency until such time that the response and recovery conditions dictate otherwise; and (3) Determine the above actions are not a ”Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to Section 15378(b)(5) of the CEQA Guidelines, because the actions consist of organizational and administrative activities of the government that will not result in direct or indirect physical changes in the environment.
Program Manager Uribe Mutal noted a correction to the sample motion in that Resolution No. 6194 needed to be replaced with Resolution No. 6208.
Vice Mayor Alarcon modified the motion to (1) Adopt Resolution No. 6208, determining that an emergency situation continues to exist, as defined in Government Code section 54956.5, due to the impacts from the January 2023 storms and related emergency response, and the threat posed by future storms, and re-ratifying previously issued emergency proclamations; (2) Direct City staff to return to at least every 60 days for reratification of the emergency until such time that the response and recovery conditions dictate otherwise; and (3) Determine the above actions are not a ”Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to Section 15378(b)(5) of the CEQA Guidelines, because the actions consist of organizational and administrative activities of the government that will not result in direct or indirect physical changes in the environment. Councilmember Nomura seconded the modified motion.
The roll call vote on the modified motion was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
10. Elect to commend a Carpinteria Volunteer of the Year for their service in 2022, and two Carpinteria Community Partners/Businesses of the Year for 2021 and 2022.
Recommendation: (1) Elect to commend a Carpinteria Volunteer of the Year for their service in 2022, and two Carpinteria Community Partners/Businesses of the Year for 2021 and 2022; and (2) Direct City staff to prepare a Resolution for each awardee to be adopted at a future City Council Meeting.
City Council Regular Meeting Minutes
March 13, 2023
Mayor Clark recused himself from participating in this item due to a potential conflict of interest and left the Council Chambers at 6:53 pm. Vice Mayor Alarcon chaired the meeting during Mayor Clark’s absence.
Program Manager Uribe Mutal presented the staff report.
There was no public comment.
Motion by Councilmember Nomura, seconded by Councilmember Lee, to (1) elect to commend Kathy and Andy Shaffer as Carpinteria Volunteer of the Year for their service in 2022 and (2) direct City staff to prepare a Resolution for each awardee to be adopted at a future City Council meeting. The roll call vote was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, and Vice Mayor Alarcon
NOES: None
ABSENT: Mayor Clark (recused)
ABSTAIN: None
The motion carried.
Motion by Councilmember Nomura, seconded by Councilmember Lee, to (1) elect to commend Two Trumpets Communications as Carpinteria Community Partner/Business of the Year for 2021 and The Carpinteria Skate Foundation as Carpinteria Community Partners/Business of the Year for 2022 and (2) direct City staff to prepare a Resolution for each awardee to be adopted at a future City Council meeting. The roll call vote was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, and Vice Mayor Alarcon
NOES: None
ABSENT: Mayor Clark (recused)
ABSTAIN: None
The motion carried.
Mayor Clark returned to the dais at 7:02 pm.
11. The City’s 2022 Housing Element Annual Progress Report to the State Department of Housing and Community Development on the status of implementation of its goals, policies, and objectives.
City Council Regular Meeting Minutes
March 13, 2023
Recommendation: Receive the 2022 Housing Element Annual Progress Report and direct that it be submitted to the State Housing and Community Development Department.
Associate Planner Smith and Community Development Director Goggia presented the staff report and PowerPoint presentation.
Speakers in-person: Russell Ruiz
Motion by Councilmember Nomura, seconded by Councilmember Lee, to accept the 2022 Housing Element Annual Progress Report on the status of implementation and direct the Community Development Director to submit the document to the State Department of Housing and Community Development. The roll call vote was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
12. Community Development Block Grant (CDBG) Committee recommendations concerning the 2023-2024 Public Services Grant Applications and allocation of program funds.
Recommendation: Allocate the CDBG Public Services Grant Funding pursuant to the recommendations of the City’s CDBG Committee to equally share the funds between the Peoples’ Self-Help Housing’s Carpinteria Camino Scholars program and the United Boys & Girls Club of Santa Barbara County’s Carpinteria Club – Power Hour. (This motion requires a roll call vote.)
Associate Planner Smith and Community Development Director Goggia presented the staff report and PowerPoint presentation.
There was no public comment.
Motion by Vice Mayor Alarcon, seconded by Councilmember Nomura, to allocate the 2023-2024 CDBG Public Services Grant Funding equally between the Peoples’ Self-Help Housing and United Boys & Girls Club programs, as recommended by the CDBG Committee. The roll call vote was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
City Council Regular Meeting Minutes
March 13, 2023
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
PUBLIC HEARING: NONE
CONSIDERATION OF ANY ITEMS REMOVED FROM CONSENT CALENDAR AND/OR OTHER AGENDA ITEMS REQUESTED TO BE ADVANCED: NONE MATTERS CONTINUED FROM PREVIOUS MEETINGS: NONE
OTHER BUSINESS:
13. Consideration of Making Appointments to the Planning Commission, Architectural Review Board, Mobile Home Park Rent Stabilization Board, Carpinteria Open Space Management Advisory Board, Tree Advisory Board, Downtown “T” Business Advisory Board, Integrated Pest Management Committee, Environmental Review Committee, Community Development Block Grant Committee, and Appoint Representatives to the Community Media Access Center and County Library Advisory Committee.
Recommendation: Adopt Resolution Nos. 6199 through 6207, approving appointments to all City Boards, Commissions and Committees and appoint a representative to the Community Media Access Center and a representative to the County Library Advisory Committee, as discussed.
City Clerk Barrett presented the staff report and PowerPoint presentation.
Planning Commission Appointments:
Speakers in-person: David Allen, Jane Benefield, Russell Ruiz, Kim Seefeld, Patrick O’Connor, and Katherine Salant
Emails distributed: Russell Ruiz
Mayor Clark made a motion to appoint David Allen, Glenn LaFevers, Jane Benefield, Russell Ruiz, and Katherine Salant to the Planning Commission. The motion failed due to a lack of a second.
Motion by Councilmember Lee, seconded by Councilmember Nomura, to appoint David Allen, Glenn LaFevers, Jane Benefield, John W. Moyer, and Katherine Salant to the Planning Commission. The roll call vote was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, City Council Regular Meeting Minutes
March 13, 2023
Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
Architectural Review Board Appointments:
There was no public comment.
Motion by Councilmember Nomura, seconded by Vice Mayor Alarcon, to appoint Richard E. Johnson, Patrick O’Connor, Amy Blakemore, and Brad Stein to the Architectural Review Board and advertise the vacancy on the Board. The roll call vote was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
Mobile Home Park Rent Stabilization Board Appointments:
There was no public comment.
Motion by Councilmember Nomura, seconded by Vice Mayor Alarcon, to appoint John J.
Nicoli and Bob Franco to the Mobile Home Park Rent Stabilization Board and advertise the vacancies on the Board. The roll call vote was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
Carpinteria Open Space Management Advisory Board Appointments:
There was no public comment.
Motion by Councilmember Nomura, seconded by Vice Mayor Alarcon, to appoint Andrea Adams-Morden, Arturo Tello, David Allen, Ted Rhodes, James McElvain, Patrick Crooks, City Council Regular Meeting Minutes
March 13, 2023
and Jonathan Lewis to the Carpinteria Open Space Management Advisory Board. The roll call vote was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
Tree Advisory Board Appointments:
There was no public comment.
Motion by Councilmember Nomura, seconded by Vice Mayor Alarcon, to appoint Carol Terry, Diane Ledbetter, Susan Mailheau, Dale Olivas, and Patrick Crooks to the Tree Advisory Board. The roll call vote was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
Downtown “T” Business Advisory Board Appointments:
Speakers via Zoom: Michelle Carlen
Motion by Councilmember Nomura, seconded by Vice Mayor Alarcon to appoint Mary Beth Radley, Richard Mancilla, Jason M. Lesh, and Kristina Calkins as assessment paying members; appoint Lorraine McIntire, Tina Frontado, and Michelle Carlen as atlarge members, and Warner Ebbink as an alternate assessment paying member. The roll call vote was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
City Council Regular Meeting Minutes
March 13, 2023
Integrated Pest Management Committee Appointments:
There was no public comment.
Motion by Councilmember Nomura, seconded by Vice Mayor Alarcon, to appoint William Carleton, Russell Ruiz, and Patrick Crooks to the Integrated Pest Management Committee and advertise the vacancies on the Committee. The roll call vote was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
Environmental Review Committee Appointments:
There was no public comment.
Motion by Councilmember Nomura, seconded by Vice Mayor Alarcon, to appoint Natasha Lohmus to the Environmental Review Committee. The roll call vote was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
Community Development Block Grant Committee Appointments:
There was no public comment.
Motion by Councilmember Nomura, seconded by Vice Mayor Alarcon, to appoint Phylene Wiggins and Clyde Freeman as at-large public members and Glenn LaFevers as the Planning Commission representative. The roll call vote was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
City Council Regular Meeting Minutes
March 13, 2023
The motion carried unanimously.
Library Advisory Commission Appointments:
There was no public comment.
The Council took no action on the appointments to the Library Advisory Commission as the Library Board of Trustees previously extended the Library Advisory Commissioners’ terms through January 31, 2025 by minute order at their meeting on March 13, 2023.
Appointed Representatives to Area Boards & Committees:
There was no public comment.
Motion by Councilmember Nomura, seconded by Vice Mayor Alarcon, to appoint Gary Dobbins as the City Representative to the Media Access Center and Gail Marshall as the City Representative to the County Library Advisory Committee. The roll call vote was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
Councilmember Nomura requested the Council receive written update reports on actions from the City’s various Boards, Commissions and Committees. City Manager Durflinger stated as an interim measure, staff could forward minutes and/or summary notes from each of the City’s Boards, Commissions and Committees to update the Council. The Council was in favor of this. Mayor Clark requested a future agenda item be brought back to the Council to debrief on the appointment process of the City’s Boards, Commissions and Committees and potentially put in place a written process. The Council was in favor of this.
Motion by Councilmember Nomura, seconded by Vice Mayor Alarcon, to adopt Resolution Nos. 6199 through 6207, as read by title only, approving appointments to all City Boards, Commissions and Committees and appoint a representative to the Community Media Access Center and a representative to the County Library Advisory Committee, as discussed. The roll call vote was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
City Council Regular Meeting Minutes
March 13, 2023
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
14. Agreement for Operation of a Countywide Library System between the County of Santa Barbara and the City of Carpinteria.
Recommendation: Approve and authorize the City Manager to execute the Agreement for Operation of a Countywide Library System (Library Agreement) between the County of Santa Barbara and the City of Carpinteria.
City Librarian Thomas presented the staff report.
There was no public comment.
Motion by Councilmember Solórzano, seconded by Councilmember Nomura, to approve and authorize the City Manager to execute the Library Agreement between the County of Santa Barbara and the City of Carpinteria. The roll call vote was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
Mayor Clark recessed to a break at 8:24 pm and reconvened the meeting at 8:30 pm.
15. Review of the Mid-Year Budget Report and making related adjustments to appropriations.
Recommendation: Accept the Mid-Year Budget Report and approve adjustments to the budget as summarized in Attachment A.
City Manager Durflinger and Administrative Services Director Maldonado presented the staff report and PowerPoint presentation.
There was no public comment.
Motion by Councilmember Nomura, seconded by Councilmember Lee, to accept the Midyear Budget Report and approving amendments to the adopted budget as provided for in Attachment A. The roll call vote was as follows:
City Council Regular Meeting Minutes
March 13, 2023
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
16. Amendment to the City Manager Employment Agreement, including adjusting the annual base wage from $186,861.10 to $206,014.36.
Recommendation: Approve the attached Eighth Amendment to the Employment Agreement for the City Manager.
Legal Counsel Acos presented the staff report.
There was no public comment.
Motion by Councilmember Nomura, seconded by Councilmember Solórzano, to accept staff’s oral report summarizing the eight amendment to the July 22, 2013, City Manager Employment Agreement and approve said 8th amendment, including adjusting the annual base wage from $186,861.10 to $206,014.36. The roll call vote was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
17. City Manager succession process and formation of an Ad hoc Committee.
Recommendation: Form an Ad hoc City Manager Succession Process Committee for the purpose of working with the City Manager and consultants to draft process recommendations for Council’s consideration.
City Manager Durflinger presented the staff report.
Speakers in-person: Patrick O’Connor
Emails distributed: Russell Ruiz
City Council Regular Meeting Minutes
March 13, 2023
Motion by Councilmember Lee, seconded by Councilmember Nomura, to form an Ad hoc City Manager Succession Process Committee for the purpose of drafting recommendations for Council consideration on the process and related details for determining a successor to the current City Manager; the Committee to provide its recommendations and conclude its work no later than the regular City Council meeting of April 10, 2023, and to include Councilmembers Wade T. Nomura and Natalia Alarcon.
Vice Mayor Alarcon withdrew her nomination so Mayor Clark could be on the Committee.
Councilmember Lee modified the motion to form an Ad hoc City Manager Succession Process Committee for the purpose of drafting recommendations for Council consideration on the process and related details for determining a successor to the current City Manager; the Committee to provide its recommendations and conclude its work no later than the regular City Council meeting of April 10, 2023, and to include Councilmembers Wade T. Nomura and Al Clark. Councilmember Nomura seconded the modified motion.
Mayor Clark withdrew his nomination for the Committee.
Councilmember Lee further modified the motion back to the original motion to form an Ad hoc City Manager Succession Process Committee for the purpose of drafting recommendations for Council consideration on the process and related details for determining a successor to the current City Manager; the Committee to provide its recommendations and conclude its work no later than the regular City Council meeting of April 10, 2023, and to include Councilmembers Wade T. Nomura and Natalia Alarcon.
Councilmember Nomura seconded the further modified motion. The roll call vote on the further modified motion was as follows:
AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
LEGISLATIVE UPDATE:
City Manager Durflinger reported on a State ballot measure that qualified for the November 2024 ballot and would restrict voters’ input and local taxing authority. The Council agreed for staff to bring back this item at a future Council meeting.
COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY
COUNCILMEMBERS
City Council Regular Meeting Minutes
March 13, 2023
Councilmember Solórzano reported on her attendance at the Santa Barbara Metropolitan Transit District, noted she would be attending the BEACON meeting on March 17th, and announced that the senior services programs that were scheduled to begin on March 14th were delayed a week by the rain. She stated that the City Council/First District Supervisor Committee would be held on April 3rd.
Vice Mayor Alarcon requested a future agenda item on exploring the increase to the City Council stipend. Mayor Clark requested this item first be brought up at the Finance Committee. Councilmember Nomura suggested including an increase to the stipend for the Planning Commission and Architectural Review Board as well. The Council agreed to direct staff to agendize the exploration of an increase to the stipend for the City Council, Planning Commission, and Architectural Review Board at the next Finance Committee meeting.
ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
All Councilmembers are expected to be in attendance at the next regular meeting on March 27th.
ADJOURNMENT
Mayor Clark adjourned the meeting at 9:01 pm.
__________________________
Al Clark, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, CPMC
City Clerk
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
March 13, 2023
ITEM FOR COUNCIL CONSIDERATION
Expenditures for the period beginning March 04, 2023 and ending March 17, 2023.
STAFF RECOMMENDATION
That the City Council accept this report concerning the current list of warrants pursuant to Carpinteria Municipal Code 2.08.150(F).
DISCUSSION
As part of each regular City Council agenda, a list of all checks (attached) dispersed since the last reporting period is presented to the City Council pursuant to C.M.C.
2.08.150(F). The report is provided for City Council and public information and serves as Staff's verification that the expenditures have been reviewed and are within budgeted appropriations.
FINANCIAL CONSIDERATIONS
The warrant register included as an attachment is designed to communicate fiscal activity since the prior reporting period. No action is requested as part of this report.
ATTACHMENTS
Attachment A: Warrant Register for the period beginning March 04, 2023 and ending March 17, 2023.
Warrant Register
March 13, 2023
Page #2
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G:\Admin Services\Staff Report\Staff Report AP.docx
Warrant Register
Carpinteria, CA
Date Range: 03/04/2023 - 03/17/2023
Vendor Number
Payable#
Bank Code: AP Bank-AP Bank
INV0004574
HENRY MENENDEZ
HENRY MENENDEZ
Invoice 03/16/2023
INV0004552
MISSIONSQUARE
Invoice 03/09/2023
INV0004546
INV0004547
INV0004548
MISSIONSQUARE
Invoice
Invoice
Invoice
03/09/2023
03/09/2023
03/09/2023
INV0004549
SEIU LOCAL 620
Invoice 03/09/2023
INV0004550
UNITED WAY OF SANTA BARBARA COUNTY
Invoice 03/09/2023
INV0004535
ARVAND SABETIAN
Invoice 03/09/2023
CARPINTERIA ARTS CENTER
Invoice 03/09/2023
INV0004539
CINDY'S ENCROACHMENT PERMIT SERVICE
Invoice 03/09/2023
INV0004541
INV0004542
INV0004543
COASTAL COMMUNICATIONS
Invoice
Invoice
Invoice
INV0004537
DEBORAH DENTLER
Invoice
GFOA
Invoice
INV0004545
INV0004538
HOTLINE CONSTRUCTION INC
Invoice
QUADIENT LEASING USA INC.
Invoice
INV0004544
INV0004536
INV0004540
Vendor Name
Payable Type
SANTA BARBARA SWIM CLUB
Invoice
VANTAGE UTILITY SERVICES
Invoice
WEX BANK (CHEVRON)
Invoice
ACCESS CONTROL SECURITY INC.
Invoice
INV0004556
BRYAN POLLARD ARCHITECT
Invoice
INV0004558
CIVIL DESIGN STUDIO INC
Invoice
MAR23 0905
EXTRA SPACE STORAGE
Invoice
FIRST NATIONAL BANK OF OMAHA
MAR23 0503 M. ROBERTS Invoice
MAR23 0983 Invoice
MAR23 1949 Invoice
MAR23 3498
MAR23 3696
MAR23 4545
MAR23 6160
MAR23 9341
Invoice
Invoice
Invoice
Invoice
Invoice
INV0004563
GUICHO'S
Invoice
Post Date
03/09/2023
03/09/2023
03/09/2023
03/09/2023
03/09/2023
HOSPICE OF SANTA BARBARA-COMPASSIONATE CARE OF, 03/09/2023 Regular Invoice 03/09/2023 COMPASSIONATE CARE OF CARPINTERIA GRANT FY22/23 03/09/2023
03/09/2023
03/09/2023
SOUTHERN CALIFORNIA GAS COMPANY
Invoice 03/09/2023
03/09/2023
03/09/2023
03/16/2023
03/16/2023
03/16/2023
03/16/2023
03/16/2023
03/16/2023
03/16/2023
03/16/2023
03/16/2023
03/16/2023
03/16/2023
03/16/2023
03/16/2023
Payment Date
Payable Description
03/16/2023 EFT
03/16/2023 EFT
REIMBURSE TRAVEL FOR CACEO FY22/23 ANNUAL CONFEREN
03/09/2023 Regular
Deferred Compensation Contribution-Part Time Emp
03/09/2023 Regular
Deferred Compensation Contribution-Part Time Emp
MissionSquareEmployee Contributions
MISSIONSQUARE Employee Contributions
03/09/2023
Employee Union Dues Contribution
03/09/2023 Regular
Employee United Way Contribution
03/09/2023 Regular
ENGINEERING PERMIT PROJECT CLOSE OUT
03/09/2023 Regular
2023 FOUNDATION GRANT "ART BY THE SEA" SUMMER CAMP
03/09/2023 Regular
ENGINEERING PERMIT PROJECT CLOSE OUT
03/09/2023 Regular
ENGINEERING PERMIT PROJECT CLOSE OUT
ENGINEERING PERMIT PROJECT CLOSE OUT
ENGINEERING PERMIT PROJECT CLOSE OUT
03/09/2023 Regular
ENGINEERING PERMIT PROJECT CLOSE OUT
03/09/2023
2022 ACFR REVIEW
03/09/2023
FEB23 FUEL FOR CITY VEHICLES
Payment Type
Regular
Regular
03/09/2023 Regular
ENGINEERING PERMIT PROJECT CLOSE OUT
03/09/2023 Regular
MAR23-JUN23 LEASE PAYMENT FOR C.H. POSTAGE MACHINE
03/09/2023 Regular
MAR23 SWIM MEET ENTRY FEES 3/12/23
03/09/2023 Regular
ENGINEERING PERMIT PROJECT CLOSE OUT
03/09/2023 Regular
ENGINEERING PERMIT PROJECT CLOSE OUT
Regular
03/16/2023 Regular
SECURITY AT VETS HALL EVENT 2/18/23
03/16/2023 Regular
ENGINEERING PERMIT PROJECT CLOSE OUT
03/16/2023 Regular
ENGINEERING PERMIT PROJECT CLOSE OUT
03/16/2023
UNIT 0905 RENT 3/23-4/23/23
03/16/2023 Regular
CREDIT CARD PAYMENT-M. ROBERTS
CREDIT CARD PAYMENT-OUM
Regular
CREDIT CARD PAYMENT-SG
CREDIT CARD PAYMENT-JT
CREDIT CARD PAYMENT-LM
CREDIT CARD PAYMENT-BB
CREDIT CARD PAYMENT-JI
CREDIT CARD PAYMENT-M RAMIREZ
03/16/2023 Regular
ENGINEERING PERMIT PROJECT CLOSE OUT
Payment Amount
-295
295
59.1 5367.52
216.87
24 116.05
5000
195
1770.16
Number
725
725
101617
101618
101619
101620
101621
101622
101623
101624
276.06 101625
460 101626
12500 101627
131.13 101628
622.44 101629
1130 101630
6454.19 101631
3686.13 101632
889.46 101633
276.38 101634
1591.04 101635
5468.89 101636
450 101637
12676.42 101638
534.76 101639
HABITAT FOR HUMANITY 03/16/2023 Regular 5384.48 101640
INV0004562 Invoice 03/16/2023 ENGINEERING PERMIT PROJECT CLOSE OUT HAGE FINANCIAL SERVICES INC 03/16/2023 Regular 7335.11 101641 411 12 Invoice 03/16/2023 POOL LIFT FOR COMMUNITY POOL
JUAN PEREZ 03/16/2023 Regular 320.06 101642
INV0004560 Invoice 03/16/2023 ENGINEERING PERMIT PROJECT CLOSE OUT MATT SHAW CONCRETE INC 03/16/2023 Regular 1851.13 101643 INV0004555 Invoice 03/16/2023 ENGINEERING PERMIT PROJECT CLOSE OUT MIRNA CAMPUZANO 03/16/2023 Regular 287.62 101644
INV0004566 Invoice 03/16/2023 VETS HALL DEPOSIT REFUND EVENT DATE 2/18/23 SANTA BARBARA COUNTY SHERIFFS DEPT 03/16/2023 Regular 421415 101645 1716 Invoice 03/16/2023 MAR23 CONTRACTED LAW ENFORCEMENT SERVICES SMITH AND SONS CONCRETE INC 03/16/2023 Regular 1851.13 101646 INV0004557 Invoice 03/16/2023 ENGINEERING PERMIT PROJECT CLOSE OUT SOPHIE CALVIN 03/16/2023 Regular 628.63 101647
INV0004554 Invoice 03/16/2023 ENGINEERING PERMIT PROJECT CLOSE OUT SOUTHERN CALIFORNIA GAS COMPANY 03/16/2023 Regular 1172.25 101648 INV0004561 Invoice 03/16/2023 ENGINEERING PERMIT PROJECT CLOSE OUT STATESIDE SERVICES INC 03/16/2023 Regular 195 101649
INV0004559 Invoice 03/16/2023 ENGINEERING PERMIT PROJECT CLOSE OUT UPPO'S GARDEN LLC 03/16/2023 Regular 1400 101650
INV0004565 Invoice 03/16/2023 GROUND LEASE REFUND OF SECURITY DEPOSIT WENDY ROBINS 03/16/2023 Regular 66.07 101651
INV0004572 Invoice 03/16/2023 SUPPLIES FOR GARDEN CLASSES WEX BANK (76) 03/16/2023 Regular 732.85 101652
87670225 Invoice 03/16/2023 FEB23 FUEL FOR CITY VEHICLES HENRY MENENDEZ 03/16/2023 Regular 295 101653
INV0004574 Invoice 03/16/2023 REIMBURSE TRAVEL FOR CACEO FY22/23 ANNUAL CONFEREN AG ENT INC 03/09/2023 Virtual Payment 75 APA001420
23252 Invoice 03/09/2023 BACKFLOW TESTNG AT PUBLIC RESTROOMS ALICE WISSING 03/09/2023 Virtual Payment 240 APA001421
01/27/23 Invoice 03/09/2023 MINUTES FOR PLANNING COMMISSION MEETING 1/3/23 AMAZON CAPITAL SERVICES INC 03/09/2023 Virtual Payment 396.47 APA001422 16Fl-GRJT-67P9 Invoice 03/09/2023 ZIP BOOKS-L. FRIEDMAN 194W-VWTG-9QQM Invoice 03/09/2023 10 LOGITECH HEADSETS FOR CITY HALL STAFF 1991-QMML-7MR6 Invoice 03/09/2023 ZIPBOOKS-R. RODD
1CJP-7CXM-NM61 Invoice 03/09/2023 ZIPBOOKS-G. FUNKHOUSER lllX-JQVX-GKGD Invoice 03/09/2023 ZIPBOOKS-L. ROGERS
1N6K-PTFN-441X Invoice 03/09/2023 ZIPBOOKS-K. PERRINO
1TPY-T3NW-4R6W Invoice 03/09/2023 ZIP BOOKS-M. BALIFF
1W6F-74M9-7FPP Invoice 03/09/2023 ZIPBOOKS-D. MAULHARDT ANIMAL MEDICAL CLINIC 03/09/2023 Virtual Payment 1575 APA001423 327556 Invoice 03/09/2023 FEB23 EMERGENCY OUT OF CONTRACT VET SERVICES 327880 Invoice 03/09/2023 FEB23 CONTRACTED VET SERVICES 327882 Invoice 03/09/2023 FEB23 DOG LICENSING ISSUANCE
A-OK POWER EQUIPMENT 03/09/2023 Virtual Payment 1432.19 APA001424 697553 Invoice 03/09/2023 2 ELECTRIC BLOWERS, 1 ELECTRIC TRIMMER & LINE CANNON 03/09/2023 Virtual Payment 34577.5 APA001425
83353 Invoice 03/09/2023 JAN23 PLAN CHECKS 6380 VIA REAL 83391 Invoice 03/09/2023 JAN23 ENGINEERING TECH STAFF AUGMENTATION 83392 Invoice 03/09/2023 JAN23 CARPINTERIA LIBRARY IMPROVEMENTS 83465 Invoice 03/09/2023 JAN23 DESIGN SVCS FOR 2022 PAVEMENT REHABILITATIO CARPINTERIA VALLEY LUMBER CO 03/09/2023 Virtual Payment 69.21 APA001426 501403 Invoice 03/09/2023 OGAN ROAD SIGN REPAIR MATERIALS 501406 Invoice 03/09/2023 GRAFFITI REMOVER FOR SIGNS & METAL CABINETS COAST AUTO PARTS INC 03/09/2023 Virtual Payment 79.12 APA001427 762294 Invoice 03/09/2023 SCISSOR JACK/CAP FILTER SHOP TOOLS COASTAL VIEW NEWS 03/09/2023 Virtual Payment 644 APA001428 59545 Invoice 03/09/2023 PUBLIC WORKSHOPS ADVERTISING 2/16/23 FLOWERS & ASSOCIATES INC 03/09/2023 Virtual Payment 3781 APA001429 23-1525 Invoice 03/09/2023 JAN23 CARP/PALM AVE INTERSECTION IMPROVEMENT GRAINGER 03/09/2023 Virtual Payment 1373.65 APA001430
9618518857 Invoice 03/09/2023 LED BULBS FOR CARP/ELM FOR DOWNTOWN T GRANICUS 03/09/2023 Virtual Payment 11603.45 APA001431
162316 Invoice 03/09/2023 4/1/23-3/31/24 GOVT TRANSPARECNY HARDWARE RENEWAL KIMBALL MIDWEST 03/09/2023 Virtual Payment 210.35 APA001432 100792176 Invoice 03/09/2023 CUTTING WHEEL SUPPLIES
MISSION UNIFORM SERVICE 03/09/2023 Virtual Payment 29.11 APA001433
518818759 Invoice 03/09/2023 MAT REPLACEMENT AT LIBRARY 2/27/23 NEOED 03/09/2023 Virtual Payment 5047.87 APA001434
INV-32951 Invoice 03/09/2023 5/25/23-5/24/24 RECRUITMENT SOFTWARE SUBSCRIPTION ORIGINAL WATERMEN 03/09/2023 Virtual Payment 1224.32 APA001435 580369 Invoice 03/09/2023 COMPETITION BEANIES
POLICORE INC. 03/09/2023 Virtual Payment 1140 APA001436 402918 Invoice 03/09/2023 IT SERVICES FOR LIBRARY FEBRUARY 2023 ROCKWELL PRINTING 03/09/2023 Virtual Payment 113.99 APA001437 41629 Invoice 03/09/2023 BOOK ENLARGEMENT FOR LIBRARY 2/27/23 ROY HARTHORN 03/09/2023 Virtual Payment 8466.87 APA001438 1517 Invoice 03/09/2023 JAN23 PLAN CHECK SERVICES
1518 Invoice 03/09/2023 FEB23 PLAN CHECK SERVICES
RRM DESIGN GROUP 03/09/2023 Virtual Payment 9468.75 APA001439 2277-01-1222 Invoice 03/09/2023 DEC22 DOWNTOWN DESIGN OVERLAY PROGRAM SERVICES 2277-02-0123 Invoice 03/09/2023 JAN23 DOWNTOWN DESIGN OVERLAY PROGRAM SERVICES SITEONE LANDSCAPE SUPPLY (ALL AROUND) 03/09/2023 Virtual Payment 76.45 APA001440 126935516-001 Invoice 03/09/2023 PVC MATERIALS FOR DOWNTOWN FLAGS SOLID WASTE SOLUTIONS INC 03/09/2023 Virtual Payment 604 APA001441 199 Invoice 03/09/2023 FEB23 581383, GREEN WASTE, CALRECYCLE SERVICES STAPLES ADVANTAGE 03/09/2023 Virtual Payment 397.92 APA001442 3530640644 Invoice 03/09/2023 COPY PAPER AND OFFICE SUPPLIES 2/15/23 SWEEPING CORP OF AMERICA 03/09/2023 Virtual Payment 18239.07 APA001443 70873VS Invoice 03/09/2023 FEB23 STREET SWEEPING SERVICE TKM ENGINEERING 03/09/2023 Virtual Payment 4030 APA001444 1168 Invoice 03/09/2023 FEB23 TRAFFIC SIGNAL MAINTENANCE 2/7, 2/10, 2/15 1169 Invoice 03/09/2023 FEB23 TRAFFIC ENGINEERING STAFF AUGMENTATION 1170 Invoice 03/09/2023 FEB23 TRAFFIC SIGNAL TIMING SERVICES 2/22/23 UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNI 03/09/2023 Virtual Payment 211.09 APA001445 220230150 Invoice 03/09/2023 MAR23 NEW TICKET CHARGES & DATABASE MAINTENANCE 22-2302917 Invoice 03/09/2023 MAR23 CA STATE FEE FOR REGULATORY COSTS ZWORLD GIS 03/09/2023 Virtual Payment 2977 APA001446
2023-0217 Invoice 03/09/2023 FEB23 MAPPING/GIS SERVICES ALL LANGUAGES INTERPRETING & TRANSLATING INC. 03/16/2023 Virtual Payment 4307.5 APA001447 29440 Invoice 03/16/2023 2 SPANISH INTERPRETERS FOR CC MTGS JAN-FEB 2023 BIG GREEN CLEANING COMPANY 03/16/2023 Virtual Payment 4944 APA001448 619873 Invoice 03/16/2023 MAR23 CONTRACTED SERVICE AT POOL 619874 Invoice 03/16/2023 MAR23 CONTRACTED CLEANING SERVICE AT LIBRARY 619911 Invoice 03/16/2023 MAR23 CONTRACTED CLEANING SERVICE-5103 CARP AVE 619912 Invoice 03/16/2023 MAR23 CONTRACTED CLEANING SERVICE-CITY & VETS HALL BLACK GOLD COOPERATIVE LIBRARY SYSTEM 03/16/2023 Virtual Payment 2764.6 APA001449 23-360 Invoice 03/16/2023 FY22/23 HOTSPOTS & HOOPLA REIMBURSABLE BILLING CARPINTERIA VALLEY LUMBER CO 03/16/2023 Virtual Payment 11.3 APA001450 502170 Invoice 03/16/2023 LIGHT BULBS FOR POOL 3/2/23
502248 Invoice 03/16/2023 RAZOR SCRAPPER FOR SHOP
CARPINTERIA VALLEY WATER DISTRICT 03/16/2023 Virtual Payment 14055.32 APA001451 CARP CITY FEB23 SERVICE Invoice 03/16/2023 FEB23-WATER FOR MULTIPLE LOCATIONS FEB23 TEMP 22045940 Invoice 03/16/2023 FEB23 WATER SERVICE AT TEMPORARY METER COAST GLASS CO. 03/16/2023 Virtual Payment 7754.66 APA001452 1622 Invoice 03/16/2023 VETERANS HALL FLOORING
COASTAL VIEW NEWS 03/16/2023 Virtual Payment 94 APA001453 59571 Invoice 03/16/2023 SUMMARY OF PROPOSED ORD 763 AD 3/2/23 COX BUSINESS 03/16/2023 Virtual Payment 782.53 APA001454 MAR23 00130110220939 Invoice 03/16/2023 MAR23-CITY HALL TV & INTERNET SERVICE MAR23 001 3011 0280307 Invoice 03/16/2023 MAR23 POOL & GARDEN INTERNET - PHONE SERVICE ENGEL AND GRAY INC 03/16/2023 Virtual Payment 7839.84 APA001455 33500043 Invoice 03/16/2023 MAR23 TOP SOIL FOR ATHLETIC FIELD-EL CARRO PARK EVERYWHERE RIGHT NOW 03/16/2023 Virtual Payment 560 APA001456 3430 Invoice 03/16/2023 FEB23 WEBSITE PROGRAMMING CITY HALL & LIBRARY FRONTIER COMMUNICATIONS 03/16/2023 Virtual Payment 160.98 APA001457 MAR23 209-188-2500-0611nvoice 03/16/2023 MAR23 PHONE & INTERNET· LG TOWER HDL SOFTWARE LLC 03/16/2023 Virtual Payment 6590.19 APA001458 SIN025629 Invoice 03/16/2023 JAN23 STR, TOT, & BUSINESS LICENSE PROCESSING ICMA MEMBERSHIP RENEWALS 03/16/2023 Virtual Payment 200 APA001459 1113105 - 2023 Invoice 03/16/2023 2023 MEMBERSHIP - 0. URIBE-MUTAL JHD PLANNING LLC 03/16/2023 Virtual Payment 15450 APA001460 03/01/2023 Invoice 03/16/2023 2023-2031 HOUSING ELEMENT SERVICES JAN23-FEB23 JNL GLASS INC 03/16/2023 Virtual Payment 8568 APA001461 59072 Invoice 03/16/2023 NEW WINDOWS FOR PW SHOP
MCCO RMIX CO RP 03/16/2023 Virtual Payment 11 5.4 APA001462 3853 Invoice 03/16/20 23 FEB23 FUEL FOR CITY VEHICLES
MISSION UNIFORM SER VICE 03/16/2023 Virtual Payment 50.81 APA001463 518862861 Invoice 03/16/2023 TOWEL & MAT REPLACEMENT-CITY HALL 3/6/23 MRS ENVIRONMENTAL INC 03/16/2023 Virtual Payment 31430 APA001464 600-2023-02 Invoice 03/16/2023 FEB23 OIL & GAS ON CALL ENVIRONMENTAL SERVICES POLICORE INC. 03/16/2023 Virtual Payment 2160 APA001465 402930 Invoice 03/16/2023 IT SERVICES FOR CITY HALL FEBRUARY 2023 POOL TECH SANTA BARBARA 03/16/2023 Virtual Payment 2865.17 APA001466 80233 Invoice 03/16/2023 3 EACH 100' LED LIGHT CORDS FOR POOL QUINN LIFT INC. 03/16/2023 Virtual Payment 19518 APA001467 INV0004568 Invoice 03/16/2023 NEW FORKLIFT FOR PUBLIC WORKS RRM DESIGN GROUP 03/16/2023 Virtual Payment 2956 APA001468 2277-02-0223 Invoice 03/16/2023 FEB23 DOWNTOWN DESIGN OVERLAY PROGRAM SERVICES SANTA BARBARA PEST CONTROL 03/16/2023 Virtual Payment 225 APA001469 155810 Invoice 03/16/2023 FEB23 PEST CONTROL AT CITY HALL 155811 Invoice 03/16/2023 FEB23 PEST CONTROL AT VETS HALL 157566 Invoice 03/16/2023 FEB23 PEST CONTROL AT POOL
SANTA BARBARA TROPHY/ENGRAVING 03/16/2023 Virtual Payment 60.84 APA001470 1022 Invoice 03/16/2023 NAME BADGE.
SO CA EDISON 03/16/2023 Virtual Payment 10977.99 APA001471 FEB23 700201069122 Invoice 03/16/2023 FEB23 ELECTRICITY-101 ASH AVE FEB23 700230547624 Invoice 03/16/2023 FEB23 ELECTRICITY-5103 CARPINTERIA AVE FEB23 700247140684 Invoice 03/16/2023 FEB23 ELECTRICTY-1 CARPINTERIA TCl FEB23 700255596559 Invoice 03/16/2023 FEB23 ELECTRICTY-100 LINDEN FEB23 700264659490 Invoice 03/16/2023 FEB23 ELECTRICITY-1115 LINDEN AVE B PED FEB23 700274833982 Invoice 03/16/2023 FEB23 ELECTRICTY-901 CACTUS LN EV EV FEB23 700405192484 Invoice 03/16/2023 FEB23 ELECTRICITY-MULTIPLE LOCATIONS FEB23 700465507084 Invoice 03/16/2023 FEB23 ELECTRICITY-4950 9TH ST BT HM FEB23 700477662295 Invoice 03/16/2023 FEB23 ELECTRICITY-901 CACTUS LN LIGHT FEB23 700525378417 Invoice 03/16/2023 FEB23 ELECTRICITY-931 WALNUT AVE & 48515TH STREET FEB23 700604790697 Invoice 03/16/2023 FEB23 ELECTRICTY-CAPP AVE/CSTS PAS 609 SO CAL GAS 03/16/2023 Virtual Payment 11220.52 APA001472 MAR23 006 514 2700 7 Invoice 03/16/2023 NATURAL GAS 5305 CARPINTERIA AVE APT B (POOL) MAR23 014 914 3239 7 Invoice 03/16/2023 NATURAL GAS 5103 CARPINTERIA AVE (FRIENDS OF LIBRA MAR23 016 913 9500 6 Invoice 03/16/2023 NATURAL GAS 5775 CARPINTERIA AVE (CITY HALL) MAR23 140 914 3084 4 Invoice 03/16/2023 NATURAL GAS 941 WALNUT AVE (VETS HALL) STAPLES ADVANTAGE 03/16/2023 Virtual Payment 188.19 APA001473 3532154097 Invoice 03/16/2023 COPY PAPER, STORAGE BOXES, CLASP ENVELOPES TRI-CO REPROGRAPHICS 03/16/2023 Virtual Payment 377.9 APA001474 174228 Invoice 03/16/2023 SCANNING SMALL FORMAT, FILE RENAME 2/27/23 174522 Invoice 03/16/2023 SCANNING SMALL FORMAT, FILE RENAME 2/27/23 174592 Invoice 03/16/2023 SCANNING COLOR, FILE RENAME 2/28/23 174655 Invoice 03/16/2023 SCANNING SMALL FORMAT, FILE RENAME 3/1/23 174656 Invoice 03/16/2023 SCANNING SMALL FORMAT, FILE RENAME 3/1/23 174657 Invoice 03/16/2023 SCANNING SMALL FORMAT, FILE RENAME 3/1/23 174658 Invoice 03/16/2023 SCANNING SMALL FORMAT, FILE RENAME 3/1/23 174659 Invoice 03/16/2023 SCANNING SMALL FORMAT, FILE RENAME 3/1/23 174728 Invoice 03/16/2023 SCANNING SMALL FORMAT, BIND 3/2/23 174821 Invoice 03/16/2023 SCANNING SMALL FORMAT, FILE RENAME 3/3/23 174822 Invoice 03/16/2023 SCANNING SMALL FORMAT, FILE RENAME 3/3/23 174951 Invoice 03/16/2023 SCANNING LARGE FORMAT, FILE RENAME 3/7/23 TWO TRUMPETS COMMUNICATIONS 03/16/2023 Virtual Payment 5550 APA001475 1294 Invoice 03/16/2023 FEB23 COMMUNICATIONS SERVICES
VILLAGE POOL SUPPLY 03/16/2023 Virtual Payment 792.91 APA001476 45364 Invoice 03/16/2023 REAGENT 2/6/23
45415 Invoice 03/16/2023 24 GALLONS ACID 2/15/23
45466 Invoice 03/16/2023 CHLORINE & ACID 2/25/23
WILLIAMS SCOTSMAN INC. 03/16/2023 Virtual Payment 937.52 APA001477 9016536877 Invoice 03/16/2023 JAN23 LEASE FOR PARK & REC MOBILE OFFICE 9016831215 Invoice 03/16/2023 FEB23 LEASE FOR PARK & REC MOBILE OFFICE WSP USA ENVIRONMENT & INFRASTRUCTURE INC. 03/16/2023 Virtual Payment 2499 APA001478 558584064 Invoice 03/16/2023 DUNE & SHORLINE PROJECT SERVICES THROUGH 2/03/23 ZEE MEDICAL SERVICE CO 03/16/2023 Virtual Payment 122.59 APA001479 34-158222 Invoice 03/16/2023 FIRST AID MATERIALS FOR PW Cal PERS HEAL TH 03/10/2023 Bank Draft 7489.62 DFT0002997 MAR23 PREMIUMS CC Invoice 03/10/2023 MAR23 HEALTH PREMIUMS CC CalPERS HEALTH 03/10/2023 Bank Draft 53697.07 DFT0002998 MAR23 PREMIUMS Invoice 03/10/2023 MAR23 HEALTH PREMIUMS INTERNAL REVENUE SERVICE 03/09/2023 Bank Draft 17839.03 DFT0003006 PROS D3L09L23 Invoice 03/09/2023 PROS 03/09/23 FEDERAL TAX PAYMENT EDD-SDI 03/09/2023 Bank Draft 1310,75 DFT0003008
PROS 03L09L23 Invoice 03/09/2023 PROS 03/09/23 SDI TAXES Cal PERS 03/09/2023 Bank Draft 6461.67 DFT0003009
02Ll8L23-3L3L23 PEPRA Invoice 03/09/2023 PEPRA RETIREMENT 2/18/23-3/3/23 PROS CalPERS 03/09/2023 Bank Draft 15570.14 DFT0003010
02L18L23-3L3L23 CLASSIC Invoice 03/09/2023 CLASSIC RETIREMENT 2/18/23-3/3/23 PROS EDD-SIT 03/09/2023 Bank· Draft 5519.91 DFT0003011
PROS 03L09L23 Invoice 03/09/2023 PROS 03/09/23 SIT TAXES CALIFORNIA DEPT OF TAX & FEE ADMIN 03/13/2023 Bank Draft 1511.9 DFT0003012 INV0004573 Invoice 03/13/2023 2022 SALES TAX RETURN
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
March 27, 2023
•,
ITEM FOR COUNCIL CONSIDERATION
Contracts Executed by the City Manager on behalf of the City for the Period of February 21, 2023 through March 20, 2023.
STAFF RECOMMENDATION
Receive and file Report of Contracts Executed by the City Manager for the Period of February 21, 2023 through March 20, 2023.
DISCUSSION
The City Manager is delegated authority by the Carpinteria Municipal Code (CMC), §2.08.150B, to execute contracts on behalf of the City in the amount of $30,000 or less.
Pursuant to CMC §2.08.150C, a list of all contracts executed by the City Manager is provided for City Council information and appended to this Staff Report as Attachment A. Attachment A lists all contracts entered into on behalf of the City for goods, construction and services for the Period of February 21, 2023 through March 20, 2023.
FINANCIAL CONSIDERATIONS
All contracts entered into are within the appropriated budgeted amounts.
ATTACHMENTS
A. Report of Contracts Executed by the City Manager
Report of Contracts Executed by City Manager
March 27, 2023
Staff contact:
Brian C. Barrett, City Clerk
(805) 755-4403, [email protected]
Reviewed by: Dave Durflinqer, City Manager
ATTACHMENT A
Report of Contracts Executed by the City Manager
Period of February 21, 2023 through March 20, 2023.
VENDOR PURPOSE AMOUNT
DCME Compliance Observation Services for $30,000.00
the Santa Claus Lane Bikepath Project
No. 15010
RCS (Revenue & Cost Specialists) Service Cost Update Study Proposal $27,950.00 (Setting City Fees)
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
February 27, 2023
ITEM FOR COUNCIL CONSIDERATION
Monthly City Treasurer's Report on Compliance with Statement of Safekeeping and Investment of Public Funds.
STAFF RECOMMENDATION
Receive and file the report
Sample Motion: I move to receive and file the report.
BACKGROUND / DISCUSSION
The City Council is the City of Carpinteria trustees and authorized to make investment decisions concerning public funds that are subject to the prudent investment standard.
The Prudent Investor Standard of the California Government Code Section 53600.3 states, "when investing, reinvesting, purchasing, acquiring, exchanging, selling or managing public funds, a trustee shall act with care, skill, prudence and diligence under circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated need of the City, that a prudent person in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City." The standard or prudence to be used by investment officials shall be applied in the context of managing the overall portfolio.
Trustees are those persons authorized to make investment decisions on behalf of a local agency. Trustees or City Investment officials, acting in accordance with investment policy and exercising due diligence, shall be relieved of personal responsibility for an individual security's credit risk changes or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.
The purpose of this agenda matter is to provide the City Council with the required monthly Treasurer's Report.
Monthly City Treasurer's Report
February 27, 2023
POLICY CONSISTENCY
The City is in compliance with the adopted Statement of Safekeeping and Investment of Public Funds.
FINANCIAL CONSIDERATIONS
Cash Statement: At February 28, 2023, the City held cash and cash investments as shown in the table below.
Table I
CASH ACTIVITY FOR THE MONTH:
Cash and Investment Beginning of the Month
Cash Receipts
Cash Disbursements
Cash and Investment End of the Month I
$ 21,818,126.43
3,200,305.03
(2,955,676.68)
$ 22,062,754.78
Investments:
Changes in the market value of treasury securities are inversely proportional to changes in interest rates demanded in the open market, i.e., when rates rise market values fall, when rates fall market values rise. The sensitivity of a portfolio's market value to these changes in market rates is a function of its days to maturity and its coupon rate.
Securities with longer maturities and/or lower coupon rates are more sensitive to changes in market interest rates. As a security matures, changes in its value become less sensitive to market rate changes.
At February 28
th the portfolio's average days to maturity was 1.82 years, the average coupon rate was 1.61 %, the average yield to maturity was 4.87%, the par value was $11,221,000 and Market Value was $10,629,696.73.
The City does not intend to sell nor does it have any foreseeable need to sell any securities. The intention of the City's investment policy is to hold all securities to maturity; and securities so held are redeemed at par value resulting in no net market gain or loss.
Attached for City Council review is the Treasurer's Report that details a listing of all the investments and cash activity during the month.
The City of Carpinteria will be able to meet all expenditure obligations that might reasonably be anticipated for the next six-month period September 1, 2023. \\COC5H\GDrive\Admin Services\Bank Reconciliations\Treasury\City Treasurer's report.docx Monthly City Treasurer's Report
February 27, .2023
LEGAL
This report has been prepared in compliance with California Government Code Sections 53600 and 53646.
PRINCIPAL PARTIES EXPECTED AT MEETING
Unknown
ATTACHMENTS
City of Carpinteria Treasurer's Report
Staff contact:
Licette Maldonado, Administrative Services Director
[email protected]; (805) 755-4448
Reviewed by: Dave Durflinger, City Manager
[email protected]; (805) 755-4400
~ ,gna ure
\\COC5H\GDrive\Admin Services\Bank Reconciliations\Treasury\City Treasurer's report.docx City Treasurer's Report
CITY OF CAR PINT ERIA TREAS UR ER'S REPORT
For the Month Ended February 2023
CAS H ACTIVITY FOR THE MONT H:
Cash and Investment Beginning of the Month $ 21,818,126.43 Cash Receipts 3,200,305.03
Cash Disbursements (2,955,676.68}
Cash and Investment End of the Month $ 22 062 754.78
CASH AND INVESTMENT PORTFOLIO:
Yield to Maturity # Days to
Ty[!e of Investment/Couuon/CUSIP # Institution/Issuer Maturity Date Maturity Par Value Market Value {1} Book Value {2} Demand Deposit - General Checking Montecito Bank NIA NIA NIA 74,981.71 74,981.71 74,981.71 Demand Deposit - Premier Public Money Market Montecito Bank NIA 3/1/2023 I 3,130,410.16 3,130,410.16 3,130,410.16 Demand Deposit - Section 125 Checking Montecito Bank NIA NIA NIA 6,543.97 6,543.97 6,543.97 Demand Deposit - Payroll Checking Montecito Bank NIA NIA NIA 5,000.00 5,000.00 5,000.00 Demand Deposit - Money Market Charles Schwab NIA 3/1/2023 1 4,410,395.05 4,410,395.05 4,410,395.05 Local Agency Investment Fund State of California 0.22% 3/1/2023 1 3,453,121.78 3,453,121.78 3,453,121.78 Treasury Note, 1.5%, (912828Q29) US. Government 1.00% 3/31/2023 31 250,000.00 249,296.87 251,327.50 Treasury Note, 1.5%, (912828Q29) U.S. Government 1.56% 3/31/2023 31 250,000.00 249,296.88 249,843.75 Treasury Note, 2.5%, (9 I 28284D9) U.S. Government 0.08% 3/31/2023 31 171,000.00 170,652.65 170,243.30 Treasury Note, 0.25%, (912828ZH6) U.S. Government 1.03% 4/15/2023 46 250,000.00 248,593.75 247,820.56 Treasury Note, l .'625%, (912828R69) U.S. Government 1.87% 5/31/2023 92 250,000.00 248,007.80 249,268.63 Treasury Note, 2.625%, (912828401) U.S. Government 2.84% 6/30/2023 122 100,000.00 99,250.00 99,563.57 Treasury Note, 2.75%, (912828Y61) U.S. Government 0.06% 7/31/2023 153 400,000.00 396,250.00 398,795.22 Treasury Note, 230, (912796Y37) U.S. Government 4.83% 8/3/2023 156 250,000.00 244,833.33 244,117.48 Treasury Note, 2.75%, (9128284X5) U.S. Government 0.01% 8/31/2023 184 400,000.00 395,437.48 399,721.60 Treasury Note, 2.875%, (9128285D8) U.S. Government 0.67% 9/30/2023 214 250,000.00 246,835.93 249,335.00 Treasury Note, 2.875%, (9128285K2) U.S. Government 2.20% 10/31/2023 245 250,000.00 246,289.05 252,579.39 Treasury Note, 2.75%, (912828WE6) U.S. Government 2.23% 11/15/2023 260 250,000.00 245,859.38 252,049.66 Treasury Note, 0.75%, (91282CDR9) U.S. Government 0.73% 12/31/2023 306 250,000.00 241,093.75 249,993.47 Treasury Note, 2.5%, (912828529) U.S. Government 0.06% 1/31/2024 337 200,000.00 195,281.24 199,388.94 Treasury Note, 2.375%, (9128286GO) U.S. Government 0.78% 2/29/2024 366 200,000.00 194,593.74 199,264.00 Treasury Note, 0.25%, (91282CBR1) U.S. Government 2.17% 3/15/2024 381 250,000.00 237,695.30 240,750.00 Treasury Note, 2.25%, (9128286R6) U.S. Government 2.41% 4/30/2024 427 250,000.00 241,875.00 249,156.76 Treasury Note, 2.0%, (9 l 2828XT2) U.S. Government 1.11% 5/31/2024 458 250,000.00 240,546.88 255,107.50 Treasury Note, 0.25%, (91282CCG4) U.S. Government 4.61% 6/15/2024 473 250,000.00 234,882.80 235,669.96 Treasury Note, 3.0%, (91282CFA4) U.S. Government 4.53% 7/31/2024 519 250,000.00 242,890.63 244,503.55 Treasury Note, 3.25%, (91282CFG 1) U.S. Government 4.30% 8/31/2024 550 250,000.00 243,554.68 245,158.84 Treasury Note, 0.375%, (91282CCX7) U.S. Government 1.08% 9/15/2024 565 250,000.00 232,929.68 245,359.46 Treasury Note, 2. 125%, (9128282Y5) U.S. Government 4.31% 9/30/2024 580 250,000.00 239,179.68 239,586.84 Treasury Note, 0.625%, (91282CDB4) U.S. Government 4.14% 10/15/2024 595 250,000.00 233,125.00 233,056.64 Treasury Note, 2.25%, (912828G38) U.S. Government 4.35% 11/15/2024 626 250,000.00 239,101.55 241,052.35 Treasury Note, 1.00%, (91282CDN8) U.S. Government 0.98% 12/15/2024 656 250,000.00 233,320.30 250,079.39 Treasury Note, 1.125%, (912828ZC7) U.S. Government 1.29% 2/28/2025 731 250,000.00 232,578.13 248,740.00 Treasury Note, 2.625%, (9 l 28284F4) U.S. Government 1.30% 3/31/2025 762 250,000.00 239,531.25 260,224.61
CITY OF CAR PINT ERIA TREAS UR ER'S REPORT
For the Month Ended February 2023
Treasury Note, 0.25%, (912828ZT0) U.S. Government 1.25% 5/31/2025 823 250,000 00 226,445.30 241,660.01 Treasury Note, 0.25%, (912828ZW3) U.S. Government 1.53% 6/30/2025 853 250,000.00 225,937.50 239,598.86 Treasury Note, 0.25%, (91282CAM3) U.S. Government 1.32% 9/30/2025 945 250,000.00 224,101.55 240,265.00 Treasury Note, 3.0%, (912828515) U.S. Government 4.09% 10/31/2025 976 250,000.00 240,117.18 242,136.63 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.20% 12/31/2025 1037 250,000.00 223,007.80 241,955.00 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.37% 12/31/2025 1037 250,000.00 223,007.80 240,365.00 Treasury Note, 1.625%, (9 l 2828P46) U.S. Government 1.56% 2/15/2026 1083 250,000.00 230,234.38 250,595.69 Treasury Note, 0.5%, (91282CBQ3) U.S. Government 1.28% 2/25/2026 1093 250,000.00 222,226.55 242,113.19 Treasury Note, 0.75%, (91282CBT7) U.S. Government 1.28% 3/31/2026 1127 250,000.00 223,67188 244,459.30 Treasury Note, 0.75%, (91282CCF6) U.S. Government 1.34% 5/31/2026 1188 250,000.00 222,265.63 243,702.50 Treasury Note, 0.875%, (9 l 282CCJ8) U.S. Government 1.35% 6/30/2026 1218 250,000.00 222,812.50 244,821.96 Treasury Note, 1.625%, (9 l 282YQ7) U.S. Government 4.00% 10/31/2026 1341 250,000.00 226,953.13 227,869.30 Treasury Note, 2%, (91282024) U.S. Government 4.31% 11/15/2026 1356 250,000.00 229,843.75 228,317.27 Treasury Note, 1.25%, (9 l 282CDK4) U.S. Government 1.28% 11/30/2026 1371 250,000.00 223,281.25 249,602.02 Treasury Note, 2.25%, (9 l 2828V98) U.S. Government 4.29% 2/15/2027 1448 250,000.00 231,289.05 229,819.14 Treasury Note, 2.5%, (91282CEF4) U.S. Government 3.96% 2/16/2027 1449 250,000.00 233,125.00 235,031.06 Treasury Note, 3.125%, (91282CFH9) U.S. Government 4.19% 8/31/2027 1645 250,000.00 238,593.75 238,232.2] 22,301,452.67 21,710,149.40 22,062,754.78
REPORT ON COMPLIANCE WITH STATEMENT OF SAFEKEEPING AND INVESTMENT OF PUBLIC FUNDS The City is in compliance with the adopted Statement of Safekeeping and Investment of Public Funds.
REPORT OF ABILITY TO MEET REQUIRED EXPENDITURES FOR THE NEXT SIX MONTHS Based upon currently budgeted revenues and expenditures, the City currently has sufficient liquid financial resources to meet anticipated expenditures during the period 3/01/23 through 9/01/23.
WEIGHTED AVERAGE MATURITY OF PORTFOLIO
As of February 28, 2023 the weighted average days to maturity of the City's investment portfolio is 1.82 years.
FOOTNOTES TO REPORT/DEFINITION OF TERMS:
(I) The market value of U.S. Goverrnent Securities was provided by the custodial agent, Charles Schwab.
For the Local Agency Investment Fund the market value represents the contract value.
For all other investments, the market value is equal to book value. (2) Book value of demand deposits equals the bank balance minus outstanding checks plus deposits-in-transit.
Yield to Maturity (YTM): The percentage rate of return for the note assuming that the City holds the asset until its maturity date. It is the sum of all its remaining coupon payments.
Par Value: Equals face value of security (value of the security when it reaches maturity).
Market Value: The last price for which a security was bought or sold. In this case, the value as of the last day of the month of this report.
Book Value: The amount at which the security is carried in the City's accounting records (adjusted at year-end for GASB 40 reporting purposes).
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
MARCH 27, 2023
ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6214, Directing the Preparation of a Street Lighting District No. 1 Report as a part of Consideration of Continuing the District for Fiscal Year 2023-
24. STAFF RECOMMENDATION
Adopt the attached Resolution No. 6214, as read by title only, directing the City Manager to prepare an assessment report for the consideration of continuing Street Lighting District No. 1 for the Fiscal Year 2023-24.
Sample Motion: I move adoption of Resolution No. 6214, as read by title only, directing the City Manager to prepare an assessment report for the consideration of continuing Street Lighting District No. 1 for the Fiscal Year 2023-24.
BACKGROUND/DISCUSSION
Street Lighting District No. 1 (District) is legally an independent special district governed by the City of Carpinteria. In 1977, the District was established to finance street lighting costs and continues to date. Due to the fact that this District was formed before Proposition 13 and is a property taxing district, the District is entitled to a very small share (less than 1 %) of the basic one percent property tax rate.
The purpose of this agenda matter is for the City Council to consider the first step of continuing Street Lighting District No. 1 for Fiscal Year 2023-24 by ordering the preparation of the District report.
Adoption of Resolution No. 6214, Directing the Preparation of a Street Lighting District No. 1 Report as a part of Consideration of Continuing the District for Fiscal Year 2023-24 March 27, 2023
POLICY CONSISTENCY
The maintenance of public street lighting, formerly supported by the subject District, can be found consistent with various City policies including the General Plan's Community Design policies for the Downtown area. The work is also consistent with the City's interest in protecting public health and safety.
FINANCIAL CONSIDERATIONS
Failure to continue the District would result in a loss of approximately $200,000 in revenues to finance the cost of street lighting in the district and general fund. These funds have been used in the past to finance capital projects such as new or replacement street lights, etc. The fund balance as of June 30, 2022, is $395,746.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
It has been determined that continuation of this District is not subject to the conditions of Proposition 218.
The following is the sequence of events for continuing the District:
March 27, 2023 - Adopt a resolution ordering the preparation of a report describing the status of the District, which provides street lighting for the City and to provide projections for Fiscal Year 2023-24.
April 24, 2023 - The report is presented by staff with recommendations.
Adopt a resolution accepting the report.
Adopt a resolution of intention to continue the District for next fiscal year and set for public hearing.
May 22, 2023 - Conduct a public hearing on the proposal to continue the District.
Adopt a resolution continuing the District and levying the tax for fiscal year 2023-24.
OPTIONS
1. Adopt the attached Resolution No. 6214, as read by title only, directing the City Manager to prepare an assessment report for the consideration of continuing Street Lighting District No. 1 for the Fiscal Year 2023-24.
2. The City Council could choose not to order the preparation of the Annual Report; however, by omitting this step, the District would not be continued for Fiscal Year 2023-24.
P:\PW Boards & Committees\CC\2023\032723\Order Street Light District Annual Report\20230327 _Assessment Dist 1 Street Light Staff Report.docx Adoption of Resolution No. 6214, Directing the Preparation of a Street Lighting District No. 1 Report as a part of Consideration of Continuing the District for Fiscal Year 2023-24 March 27, 2023
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Resolution No. 6214
State of Fund Transactions and Financial Condition for the District District Boundary Map
Staff contact:
John L. Ilasin, Public Works Director
(805) 880-3402, [email protected]
Reviewed by:
Dave Durflinger, City Manager
(805) 755-4400, [email protected]
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P:\PW Boards & Committees\CC\2023\032723\Order Street Light District Annual Report\20230327 _Assessment Dist 1 Street Light Staff Report.docx
ATTACHMENT A
Resolution No. 6214
RESOLUTION NO. 6214
A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF CARPINTERIA
ORDERING THE CITY MANAGER TO PREPARE
AN ASSESSMENT DIAGRAM, PLANS, SPECIFICATIONS, ESTIMATE AND
REPORT,
PURSUANT TO THE PROVISIONS OF DIVISION 14, PART 1, CHAPTER 8.5 STREETS AND HIGHWA VS CODE, STREET LIGHTING ACT OF 1919,
AS AMENDED,
FOR THE FURNISHING OF ELECTRIC CURRENT,
FOR THE MAINTENANCE OF CERTAIN LIGHTING FIXTURES
AND APPLIANCES IN ALL PORTIONS OF THE CITY IN
STREET LIGHTING DISTRICT NO. 1
FOR THE PERIOD BEGINNING
JULY 1, 2023, AND ENDING JUNE 30, 2024
WHEREAS, the continued public convenience and necessity require, and it is the intention of the City Council of the City of Carpinteria to order the furnishing of electric current, and the maintenance of lighting fixtures and appliances in said Street Lighting District No. 1 in the City of Carpinteria for the period beginning July 1, 2023 and ending June 30, 2024; and
WHEREAS, proceedings for such proposed improvements will be taken pursuant to the provisions of Division 14, Part 1, Chapter 8.5, Streets and Highways Code, Street Lighting Act of 1919, as amended; and
WHEREAS, the provisions of said Division 14, Part 1, Chapter 8.5, require a written report concerning such proposed improvements.
NOW, THEREFORE BE IT RESOLVED as follows:
SECTION 1. That the City Manager is hereby ordered to prepare a written report pursuant to the provisions of Section 18160 and 18161, Streets and Highways Code for the furnishing of electric current and the maintenance of certain lighting fixtures and appliances in all portions of the City that are within Street Lighting District No. 1 in said City for the period beginning July 1, 2023 and ending June 30, 2024.
Resolution No. 6214
PASSED, APPROVED AND ADOPTED on this 27th day of March, 2023, by the following called votes:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, CMG, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on March 27, 2023.
Brian C. Barrett, CMG, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
ATTACHMENT B
State of Fund Transactions and Financial Condition for the District
THIS PAGE INTENTIONALLY LEFT BLANK
STREET LIGHTING DISTRICT NUMBER 1
STATEMENT OF FUND TRA NSACTIONS AND FINANCIAL CONDITION FUND29
STREET LIGHTING FUND ACTUAL ACTUAL ACTUAL BUDGET PROJECTED 2019-20 2020-21 2021-22 2022-23 2023-24
A. SUMMARY OF FUND TRANSACTIONS:
Fund Balance; July 1 $ 205,098 $ 256,170 $ 334,264 $ 395,746 $ 463,696 Fiscal Year Revenues 205,557 203,668 211,969 , 210,850 210,850 Fiscal Year Expenditures 154,486 125,574 150,487 142,900 142,900 Fund Balance; June 30 256,170 334,264 395,746 463,696 531,646 Revenue Over/(Under) Expense $ 51,072 $ 78,094 $ 61,482 $ 67,950 $ 67,950 B. BALANCE SHEET, JUNE 30
ASSETS:
Cash in Savings $ 263,843 $ 341,937 $ 403,419 $ 471,369 $ 539,319 Accounts Receivable
Total Assets 263,843 341,937 403,419 471,369 539,319
LIABILITIES AND FUND BALANCE:
Accounts Payable
Fund Balance 263,843 341,937 403,419 471,369 539,319
Total Liabilities & Fund Balance $ 263,843 $ 341,937 $ 403,419 $ 471,369 $ 539,319 C. FISCAL YEAR REVENUE DETAIL:
Use of Money & Property $ 11,552 $ 639 $ {6,805) $ 2,000 $ 2,000 District #1-Property Taxes, Secured 181,368 195,264 201,466 194,000 194,000 District #1-Property Taxes, Unsecured 6,698 2,905 7,097 7,000 7,000 District #1-Supplemental Roll 4,324 3,692 5,574 4,000 4,000 District #1-Homeowners Reimbursemen1 827 820 813 500 500 Prior Years and Penalties 789 348 1,223 750 750
Transfers In 2,600 2,600 2,600
Total Revenues $ 205,557 $ 203,668 $ 211,969 $ 210,850 $ 210,850 D. FISCAL YEAR EXPENDITURE DETAIL:
Traffic Signals $ - $ $ - $ $
Public Right of Way Expenses 30,617 21,842
Street Lighting (Utilities) 96,679 102,222 109,894 103,800 103,800 Supplies & Materials 7,913 1,510
Other Operating 7,561 8,800 8,800
Personnel Services 33,032 30,300 30,300
Professional Services
Total Operating Expense 135,209 125,574 150,487 142,900 142,900 Transfers Out 19,277
Transfers Out Pension Trust
Transfers Out General Fund Capital
Total Transfers 19,277
Street Lights
Total Capital Outlay Expense
Total Expenditures $ 154,486 $ 125,574 $ 150,487 $ 142,900 $ 142,900
THIS PAGE INTENTIONALLY LEFT BLANK
ATTACHMENT C
District Boundary Map
J{hv of Carpinteria
'.~iree.t Lighting District No. 1
;;:District Boundary Map
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
MARCH 27, 2023
ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6215, Directing the Preparation of a Lighting, Landscaping and Right of Way Improvement District No. 3 Report as a Part of Actions Necessary to Continue Lighting, Landscaping and Right of Way Improvement District No. 3 for Fiscal Year 2023-24.
STAFF RECOMMENDATION
Adopt the attached Resolution No. 6215, as read by title only, ordering the preparation of a report describing the financial status of the District and recommending assessments for Fiscal Year 2023-24 for Carpinteria Lighting, Landscaping and Right of Way Improvement District No. 3.
Sample Motion: I move adoption of Resolution No. 6215, as read by title only, directing the City Manager to prepare, or have prepared, a report describing the financial status of the District and recommending assessments for Fiscal Year 2023-24 for the Carpinteria Lighting, Landscaping and Right of Way Improvement District No. 3.
BACKGROUND/DISCUSSION
This assessment district was formed on June 8, 1985 by Resolution No. 1474, superseding Street Lighting District No. 2, providing funding for the maintenance of rights of way including repairs to curbs, gutters, sidewalks, tree removal and planting and the tree management program. Like the former Street Lighting District No. 2, this District may also make assessments for street lighting, but such assessments are not made since the overlapping Street Lighting District No.1 provides funding sufficient to meet any street lighting needs.
This District encompasses the entire City and assessments are made on a parcel by parcel basis depending on use, location and need for services. District revenues are currently used to pay for one Maintenance Worker I and one Maintenance Worker II positions as well as general right of way maintenance, and water and electric utilities costs.
Adoption of Resolution No. 6215, Directing the Preparation of a Lighting, Landscaping and Right of Way Improvement District No. 3 Report for FY 2023-24
March 27, 2023
POLICY CONSISTENCY
The City General Plan/Local Coastal Plan includes policies that address the maintenance of street corridors in the City. Specifically, Policies CD-Ba, CD-Sb, CD-9a, CD-9b, CD-9c, CD-9d and CD-9f address pedestrian and bicycle pathways. The Carpinteria Lighting, Landscaping and Right of Way Improvement District No. 3 is the financial means by which the City can, in part, implement these policies.
FINANCIAL CONSIDERATIONS
The attached exhibit is a summary of revenue and expenses for the District providing past years, current year and projected data for next fiscal year.
The income stream for this District is fixed at levels set in 1985 when the District was first established. The General Fund subsidized the District by $117,104 last year. The current year subsidy is estimated at $101,522 ($45,522 from the General Fund, $30,000 from Measure X Fund, and $26,000 from the American Rescue Plan Act (ARPA) Fund).
The District has also historically received payment from the Gas Tax fund for Gas Tax related work, i.e. street maintenance work that has been assigned through the City's budget system for payment from the Gas Tax Fund, performed by District employees. It is anticipated that the Gas Tax fund balance, which also receives a mostly static income stream, will be exhausted in the next few years. Should this occur it is expected that the General Fund subsidy would need to be increased to support the lost Gas Tax revenue.
At some point, increasing assessments and/or reducing levels of service must be considered unless it is determined to continue to use General Fund revenue sources to supplement the District's revenue.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The following is the sequence of events for continuing the District:
March 27, 2023 - Adopt a resolution ordering the preparation of a report describing the financial status and recommending assessments for Fiscal Year 2023-24.
April 24, 2023 - The report is prepared and presented by staff with recommendations.
Adopt a resolution accepting the report.
Adopt a resolution of intention to continue the District and to levy assessments for next fiscal year and set for public hearing.
P:\PW Boards & Committees\CC\2023\032723\Order ROW District Annual Report\20230327 _Assessment Dist 3 Lighting Landscaping & ROW Staff Report.docx Adoption of Resolution No. 6215, Directing the Preparation of a Lighting, Landscaping and Right of Way Improvement District No. 3 Report for FY 2023-24
March 27, 2023
May 22, 2023 - Conduct a public hearing on the proposal to continue the District.
Adopt a resolution continuing the District and levying assessments for Fiscal Year 2023-24.
OPTIONS
1. Adopt the attached Resolution No. 6215, as read by title only, ordering the preparation of a report describing the financial status of the District and recommending assessments for Fiscal Year 2023-24 for Carpinteria Lighting, Landscaping and Right of Way Improvement District No. 3.
2. The City Council could choose not to order the preparation of the Annual Report; however, by omitting this step, the District would not be continued for Fiscal Year 2023-24.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no expected parties at the meeting.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Resolution No. 6215
State of Fund Transactions and Financial Condition for the District District Boundary Map
Staff contact:
John L. Ilasin, Public Works Director
(805) 880-3402, [email protected]
Reviewed by:
Dave Durflinger, City Manager
(805) 755-4400, [email protected]
P:\PW Boards & Committees\CC\2023\032723\Order ROW District Annual Report\20230327 _Assessment Dist 3 Lighting Landscaping & ROW Staff Report.docx
ATTACHMENT A
Resolution No. 6215
RESOLUTION NO. 6215
A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF CARPINTERIA
ORDERING THE CITY ENGINEER TO PREPARE AND FILE
A REPORT IN ACCORDANCE WITH
CHAPTER 3, PART 2, LANDSCAPING AND LIGHTING ACT OF 1972, COMMENCING WITH SECTION 22620,
CALIFORNIA STREETS AND HIGHWAYS CODE,
FOR THE PURPOSE OF CONSIDERING THE LEVY OF AN ASSESSMENT FOR
CARPINTERIA LIGHTING, LANDSCAPING AND RIGHT OF WAY IMPROVEMENT DISTRICT NO. 3
FOR FISCAL YEAR 2023-24
WHEREAS, Chapter 3, Part 2, Landscaping and Lighting Act of 1972, commencing with Section 22620 of the California Streets and Highways Codes specifies the process for the levy of annual assessments after formation of an assessment district pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, the City Council desires to consider an assessment for Fiscal Year 2023-24; and
WHEREAS, the Carpinteria Lighting, Landscaping and Right of Way Improvement District No. 3 includes the entire City of Carpinteria, including those parcels created within the City subsequent to the establishment of said District, unless any such parcel is exempt from assessment as provided by law; and WHEREAS, it is the intention of the City to continue to service and maintain street lights, landscaping and right of way in the City.
NOW, THEREFORE BE IT RESOLVED as follows:
SECTION 1. The City Manager shall have the City Engineer prepare and file a report in accordance with Chapter 3, Part 2, Landscaping and Lighting Act of 1972, commencing with Section 22620 of the California Streets and Highways Code for the purpose of consideration of the levy of an assessment for the Carpinteria Lighting, Landscaping and Right of Way Improvement District No. 3 for Fiscal Year 2023-24.
Resolution No. 6215
PASSED, APPROVED AND ADOPTED on this 27th day of March, 2023, by the following called votes:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on March 27, 2023.
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
ATTACHMENT B
State of Fund Transactions and Financial Condition for the District
THIS PAGE INTENTIONALLY LEFT BLANK
LIGHTING, LANDSCAPING AND RIGHT OF WAY IMPROVEMENTDISTRICTNUMBER3
STATEMENT OF FUND TRANSACTIONS AND FINANCIAL CONDITION
FUND33
RIGHT OF WAY FUND ACTUAL ACTUAL ACTUAL BUDGET PROJECTED 2019-20 2020-21 2021-22 2022-23 2023-24
A. SUMMARY OF FUND TRANSACTIONS:
Fund Balance; July 1
Fiscal Year Revenues
Fiscal Year Expenditures
Fund Balance; June 30
Revenue Over/(Under) Expense
B. BALANCE SHEET, JUNE 30
ASSETS:
Cash in Savings
Accounts Receivable
Total Assets
LIABILITIES AND FUND BALANCE:
Accounts Payable
Fund Balance
Total Liabilities & Fund Balance
C. FISCAL YEAR REVENUE DETAIL:
District #3 Assessment
Penalties and Interest
Miscellaneous Revenue
Transfer from Other Funds
Total Revenues
D. FISCAL YEAR EXPENDITURE DETAIL:
Personnel Expense
Right-Of-Way Maintenance (Contract)
Street Tree Maintenance ( Contract)
Supplies and Materials
Vehicle Operations
Other Contract Services
Utilities
Total Operating Expense
Transfers Out
Capital Improvements
Total Capital Outlay Expense
Total Expenditures
$ - $ (1,665) $ (12,572) $ (12,572) $ (12,572)
355,279 , 224,586 317,368 297,122 297,122
356,944 235,493 317,368 297,122 297,122
(1,665) $ (12,572) $ (12,572) $ (12,572) $ (12,572)
$ (1,665) $ (10,907), $ - $ - $
$ - $ - $ - $
$ - $ - $ - $ - $
$ 198,415 $ 194,285 $ 198,186 $ 193,000 $ 193,000
305 628 ( 423) 100 100
2,684
21,141
22,871
35,730
15,205
2,500
34,890
930 5,918
44,841 46,269
2,500
21,500
21,000
46,300
2,500
153,876 29,673 117,104 101,522 101,522
$ 355,279 $ 224,586 $ 317,368 $ 297,122 $ 297,122
$ 192,319 $ 112,784 $ 127,391 $ 121,500 $ 121,500
52,465 61,733 90,742 74,250 74,250
21,500
21,000
46,300
324,526 235,493 · 305,210 284,550 284,550
32,418 12,158 12,572 12,572
$ 356,944 $ 235,493 $ 317,368 $ 297,122 $ 297,122
THIS PAGE INTENTIONALLY LEFT BLANK
ATTACHMENT C
District Boundary Map
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
March 27, 2023
ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6216, Directing that the Required Report Be Prepared as a Part of the Process to Continue Parking and Business Improvement Area Assessment District No. 4 for Fiscal Year 2023-24.
STAFF RECOMMENDATION
Adopt the attached Resolution No. 6216, ordering a report by the Downtown ''T'' Business Advisory Board for the purpose of continuing assessments for the Carpinteria Parking and Business Improvement Area Assessment District No. 4 for Fiscal Year 2023-24.
Sample Motion: I move to adopt Resolution No. 6216, as read by title only, ordering a report by the Downtown "T" Business Advisory Board for the purpose of continuing assessments for the Carpinteria Parking and Business Improvement Area Assessment District No. 4 for Fiscal Year 2023-24.
BACKGROUND
This District was formed in 1986, pursuant to the Parking and Business Improvement Area Law of 1979 (Streets and Highways Code 36500, et. al.) to provide a means of funding downtown promotion, revitalization efforts and public parking within the District. Typically, all businesses within the District pay a flat annual assessment of $119.25, as was the case in Fiscal Year 2019-20. However, due to the COVID-19 pandemic, the Downtown "T" Business Advisory Board recommended and the City Council approved continuing the District for Fiscal Year 2020-21 and 2021-22, but not levy the general business assessment as a way of supporting Downtown businesses during the pandemic.
The District area includes several sub-areas that were formed historically as a part of funding capital parking projects. See Attachment C. None of the sub-areas are currently active.
Sub-Area "A" - Parking Lot No. 1
Parking Lot No. 1 is located on Ninth Street between Yucca Lane and Elm Street. The funding program for this parking lot, which was financed through the sale of serial bonds, Adoption of Resolution No. 6216, Directing the Preparation of the Requisite Report Be Prepared as a Part of the Process to Continue Parking and Business Improvement Area Assessment District No. 4 for FY 2023-24 March 27, 2023
was paid off in 1988 by means of property assessments on the individual property owners.
In FY 1996-97 an assessment fee was levied on businesses adjacent to Parking Lot No. 1 to reimburse the City for half of the costs incurred for resurfacing the parking lot. Final payments on this assessment were completed in June 2006.
Sub-Area "B" - Parking Lot No. 3
Parking Lot No. 3 is located at the Amtrak Station on Linden Avenue and Fifth Street.
Parking Lot No. 3 was completed in FY 1989-90. SB 959 Grant monies were used on this project and, since this lot was intended to benefit both the Downtown and the beach area, a portion of the cost was funded through the Tidelands Trust Fund as well as the City's General Fund. Businesses located in the proximity of Parking Lot No. 3 were levied an assessment fee. The debt was retired in June 2017.
Sub-Area "C" - Parking Lot No. 2
Parking Lot No. 2 is located on Cactus Lane. The funding program for this parking lot was established in FY 1987-88. SB 959 Grant monies were used to fund a portion of the cost and funding of the balance was equally shared by the City and the businesses adjacent to Parking Lot No. 2. The business share of the assessment was paid off in June 1997.
Most recently, Parking Lot No. 2 was completely rebuilt with new pavement, storm water capture system, and lighting and landscaping improvements. This project was paid for by various City funds including Measure A, Measure X, Road Maintenance & Rehabilitation Account, and the Parking Business and Improvement Area Fund.
The Downtown 'T' Business Advisory Board provides oversight and budget recommendations for spending the general business promotion assessments. Examples of expenditures are funding of downtown promotions, such as the two holiday parades, the Halloween Safe Trick or Treat event, as well as the Downtown banner program and a courtesy map.
DISCUSSION
The Downtown "T" Business Advisory Board (DTBAB) has a duty to prepare and present an Annual Report to the City Council that addresses all matters relating to the Assessment District, including the methods and basis of levying the assessments and recommendations on the use of funds collected by the District. Additionally, the Board makes recommendations to the City Council for general promotion of business activities, economic growth, and stability of the District, and general maintenance issues within the Downtown 'T'. The ordering, preparation and presentation of the Annual Report are also required steps in the process for renewal of the District.
P:\PW Boards & Committees\CC\2023\032723\Order PBIA Annual Report\20230327 _PBIA Dist 4 Staff Report.docx
Adoption of Resolution No. 6216, Directing the Preparation of the Requisite Report Be Prepared as a Part of the Process to Continue Parking and Business Improvement Area Assessment District No. 4 for FY 2023-24 March 27, 2023
POLICY CONSISTENCY
The District funds work that is consistent with the City's intent in supporting the local economy, in particular, the Downtown Business District. This item is in conformance with the requirements laid out in Chapters 3 and 4 of the "Parking and Business Improvement Area Law of 1989" of the California Streets and Highways Code.
FINANCIAL CONSIDERATIONS
Any financial impact to the City is incidental staff time in working with the Downtown T" Business Advisory Board to prepare the Annual Report of Assessment District No. 4.
The financial condition of the District is shown on Attachment B.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Assessments for District No. 4 are made on businesses located within the improvement area; not on property owners. As such these assessments are not subject to the provisions of Proposition 218. It is possible to establish a district that is property based making collections through the County property tax roll. Such a district and assessments would; however, be subject to Proposition 218 requirements.
The following is the sequence of events for continuing this District:
March 27, 2023 - Adopt a resolution ordering the preparation of the Annual Report.
April 24, 2023 - Staff presents Annual Report with recommendations.
Adopt resolution accepting report.
Adopt resolution setting the matter for a public hearing.
May 22, 2023 - Hold public hearing on proposal to continue District.
Adopt resolution continuing District and levying assessments for Fiscal Year 2023-24.
OPTIONS
1. Adopt the attached Resolution No. 6216, ordering a report by the Downtown ''T'' Business Advisory Board for the purpose of continuing assessments for the Carpinteria Parking and Business Improvement Area Assessment District No. 4 for Fiscal Year 2023-24.
2. The City Council could choose not to order the preparation of the Annual Report; however, by omitting this step, the District would not be continued for Fiscal Year 2023-24.
P:\PW Boards & Committees\CC\2023\032723\Order PBIA Annual Report\20230327 _PBIA Dist 4 Staff Report.docx
Adoption of Resolution No. 6216, Directing the Preparation of the Requisite Report Be Prepared as a Part of the Process to Continue Parking and Business Improvement Area Assessment District No. 4 for FY 2023-24 March 27, 2023
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no expected parties at the meeting.
ATTACHMENTS
Attachment A:
Attachment 8:
Attachment C:
Resolution No. 6216
State of Fund Transactions and Financial Condition for the District District Boundary Map
Staff contact:
John L. Ilasin, Public Works Director
(805) 880-3402; [email protected]
Reviewed by:
Dave Durflinger, City Manager
(805) 755-4400, [email protected]
P:\PW Boards & Committees\CC\2023\032723\Order PBIA Annual Report\20230327 _PBIA Dist 4 Staff Report.docx
ATTACHMENT A
Resolution No. 6216
THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 6216
A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF CARPINTERIA
ORDERING THAT A REPORT BE PREPARED
IN ACCORDANCE WITH CHAPTERS 3 AND 4 OF THE
"PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989" OF THE
CALIFORNIA STREETS AND HIGHWA VS CODE, AS AMENDED,
COMMENCING WITH SECTION 36500,
FOR THE ACQUISITION, CONSTRUCTION OR MAINTENANCE OF
PARKING FACILITIES AND OTHER ELIGIBLE IMPROVEMENTS AND
BUSINESS PROMOTION ACTIVITIES
IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF CARPINTERIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024 CARPINTERIA PARKING AND BUSINESS IMPROVEMENT AREA DISTRICT NO. 4 WHEREAS, the Carpinteria City Council did form an assessment district pursuant to the "Parking and Business Improvement Area Law of 1979", being Division 18, Part 6 of the Streets and Highways Code of the State of California, commencing with Section 36500;and
WHEREAS, said formation of the Carpinteria Parking and Business Improvement Area District No. 4 was accomplished by adoption of Ordinance No. 393 on September 8, 1986, following public hearings as prescribed by the Parking and Business Improvement Area Law of 1979; and
WHEREAS, said District No. 4 has been continued in full force and effect in subsequent fiscal years; and
WHEREAS, effective January 1, 1990, said Parking and Business Improvement Area Law of 1979 was repealed by the State of California and replaced by the Parking and Business Improvement Area Law of 1989, being Division 18 of Part 6 (commencing with Section 36500) of the California Streets and Highways Code; and WHEREAS, Article 3 of Chapter 1 of said 1989 Improvement Area Law (Section 36515) provides that any Parking and Business Improvement Area created prior to January 1, 1990, under the prior 1979 law, continues to be in full force and effect, subject to certain conditions, under the 1989 law; and
WHEREAS, Chapter 3 (Assessments) and Chapter 4 (Modification of Boundaries) of said 1989 Improvement Area Law (commencing with Section 36530) prescribes the process for levying assessments, including appointment of an advisory board and requires said board to make a report to the City Council on all matters relating to said Improvement Area prior to the City Council taking any action on said assessments or boundaries for the next fiscal year starting July 1, 2023 ; and Resolution No. 6216
WHEREAS, it is necessary for the public safety, convenience and economic health of the City that efforts to provide off-street public parking and other improvements and business promotion activities within the central business district be continued; and WHEREAS, the City Council wishes to consider continuing the existing Parking and Business Improvement Area District No. 4 for Fiscal Year 2023-24 including the various programs and assessments associated therewith.
NOW, THEREFORE BE IT RESOLVED as follows:
SECTION 1. The Carpinteria City Council does hereby resolve, determine and order that a Report be prepared by the Downtown 'T' Business Advisory Board pursuant to Chapters 3 and 4 of the California Parking and Business Improvement Area Law of 1989, being Part 6 of Division 18 (commencing with Section 36530) of the California Streets and Highways Code, for the fiscal year starting July 1, 2023 and ending June 30, 2024, including programs for the acquisition, construction or maintenance of off-street public parking and such other eligible improvements and business promotion activities, including proposed assessments and boundary adjustments, if any.
PASSED, APPROVED AND ADOPTED this 27th day of March 2023 by the following called vote:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
ABSTAIN: COUNCILMEMBER:
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
Resolution No. 6216
I hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held the 27th day of March 2023.
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
Jena Shoaf Acos, on behalf of
Brownstein Hyatt Farber Schreck, LLP
Acting as City Attorney of the City of Carpinteria
Resolution No. 6216
THIS PAGE INTENTIONALLY LEFT BLANK
ATTACHMENT B
State of Fund Transactions and Financial Condition for the District
THIS PAGE INTENTIONALLY LEFT BLANK
PARKING AND BUSINESS IMPROVEMENT AREA DISTRICT NUMBER 4
STATEMENT OF FUND TRANSACTIONS AND FINANCIAL CONDITION
FUND210
PARKING AND BUSINESS IMPROVEMENT AREA FUND ACTUAL ACTUAL ACTUAL BUDGET PROJECTED 2019-20 2020-21 2021-22 2022-23 2023-24
A. SUMMARY OF FUND TRANSACTIONS:
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Fund Balance; July 1 $ 62,920 $ 45,570 $ 26,962 $ 14,126 $ (1,724), Fiscal Year Revenues 16,228 604 1,953 2,300 14,600 I
Fiscal Year Expenditures
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33,577 19,212 14,789 18,150 12,150 I
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Fund Balance; June 30 45,570 26,962 14,126 (1,724) 726
Revenue Over/(Under) Expense $ (17,349) $ (18,608) $ (12,836) $ (15,850) $ 2,450 · B. BALANCE SHEET, JUNE 30
ASSETS:
Cash in Savings $ 45,570 $ 26,962 $ 14,126 $ (1,724) $ 726 Total Assets 45,570 26,962 14,126 (1,724) 726
LIABILITIES AND FUND BALANCE:
Accounts Payable
Fund Balance 45,570 26,962 14,126 (1,724) 726
Total Liabilities & Fund Balance $ 45,570 $ 26,962 $ 14,126 . $ (1,724) $ 726 C. FISCAL YEAR REVENUE DETAIL:
Use of Money & Property $ 2,439 $ 137 $ (247) $ 100 $ 100 Assessment General BusinessDistrict #4 Assessment $ 13,789 $ 467 $ - $ - $ 14,500 , Parking Lot Assessment
Transfer In 2,200 2,200
Total Revenues $ 16,228 $ 604 $ 1,953 $ 2,300 $ 14,600
D. FISCAL YEAR EXPENDITURE DETAIL:
Salaries 5,306 3,704 6,000
Marketing Materials "s 4,218 $ 3,592
Street Maintenance 13,436 4,950 4,800 5,700 5,700
Parking Lot #3 Debt
Contract Services 3,671 4,100 4,100
Printing & Advertising 201 1,187 1,000 1,000
Dues & Subscriptions 381 625 650 650
Supplies & Materials 747 802 700 700
Equipment/Office Rent & Leases 4,237
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Transfer Out 15,722
Total Operating Expense 33,577 19,212 14,789 18,150 12,150 Capital Improvements
Total Capital Outlay Expense
Total Expenditures $ 33,577 $ 19,212 $ 14,789 . $ 18,150 $ 12,150
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ATTACHMENT C
District Boundary Map
THIS PAGE INTENTIONALLY LEFT BLANK
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City of Carpinteria
COUNCIL AGENDA STAFF REPORT
March 27, 2023
ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6217, Directing the Initiation of Procedures to Continue Winter Protection Berm Assessment District No. 5 for Fiscal Year 2023-24.
STAFF RECOMMENDATION
Adopt the attached Resolution No. 6217, as read by title only, ordering the preparation of a report describing the Winter Protection Berm Program and associated assessment and continue the Winter Protection Berm Assessment District No. 5 for Fiscal Year 2023-24.
Motion: I move to adopt Resolution No. 6217, as read by title only.
BACKGROUND / DISCUSSION
The Winter Protection Berm Assessment District No. 5 (District) was formed by Resolution No. 3061, dated December 14, 1992. The District funds the annual construction and removal of the winter protection berm along Carpinteria City Beach.
The annual construction and removal are necessary to provide storm wave and coastal flooding protection to the public and private improvements within the District. The District includes all properties immediately adjacent to Carpinteria City Beach from Linden Avenue to Ash Avenue.
The attached Resolution No. 6217 orders staff to prepare the District report pursuant to Streets and Highways Code 10200 et seq. in which will then be presented at a subsequent public meeting. The preparation of the Engineer's Report is the first step in a process to consider the annual renewal of the District. The District report is scheduled to be heard at the City Council Meeting of April 24, 2023, based on the adoption of Resolution No. 6217.
POLICY CONSISTENCY
The City's winter protection berm is an important public safety project that protects public and private property improvements from winter storm waves along Carpinteria City Beach.
Adoption of Resolution No. 6217, Directing the Initiation of Procedures to Continue Beach Winter Protection Berm Assessment District No. 5 for Fiscal Year 2023-24 March 27, 2023
FINANCIAL CONSIDERATIONS
There is no financial analysis included as a part of this staff report.
LEGAL
There are no legal issues presented as a part of this report.
OPTIONS
1. Adopt the attached Resolution No. 6217, as read by title only, ordering the preparation of a report describing the Winter Protection Berm Program and associated assessment and continue the Winter Protection Berm Assessment District No. 5 for Fiscal Year 2023-24.
2. The City Council could choose to not approve the recommendation and direct staff as determined appropriate. However, by omitting this step, the District would not be continued for Fiscal Year 2023-24.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting.
ATTACHMENTS
Attachment A: Resolution No. 6217
Staff contact:
John L. Ilasin, Public Works Director
(805) 880-3402; [email protected]
Reviewed by:
Dave Durflinger, City Manager
(805) 755-4400; [email protected]
ATTACHMENT A
Resolution No. 6217
THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 6217
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA
INITIATING PROCEEDINGS FOR THE CONTINUATION OF ASSESSMENT DISTRICT NO. 5.
WHEREAS, The Carpinteria City Council proposes to set the amount of the annual assessment to be collected for fiscal year 2022-23 pursuant to the Municipal Improvement Act of 1913 (section 10000 and following, Streets and Highways Code) for the purpose of constructing the following improvements:
The annual installation and removal of the Carpinteria Beach Winter Protection Berm project located along the entire length of the Carpinteria City Beach between Linden Avenue on the east to Ash Avenue to the west. The annual winter sand berm project benefits the public and private improvements within the District's boundaries by providing a measure of protection from winter ocean waves and ocean flooding, and WHEREAS, the funds collected by the proposed assessment are specifically to be used for the Assessment District Number Five project costs, in the City of Carpinteria, Santa Barbara County, California and shall be collected from all the benefitting land shown inside the District's boundaries on the map designated, " Assessment Diagram, Assessment District No. 5, City of Carpinteria, Santa Barbara County, California," which map is on file with the City Clerk and is hereby approved.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The Public Works Director of the City of Carpinteria is hereby designated Engineer for the purpose of these proceedings.
SECTION 2. The City Council hereby directs the Public Works Director to prepare and file with the City Clerk a report in accordance with §10204 of the Municipal Improvement Act of 1913, Streets and Highway Code.
SECTION 3. The Report shall be filed with the City Clerk and shall be presented to the City Council for consideration on April 24, 2023, at 5:30 pm or as soon thereafter as the matter may be heard.
PASSED, APPROVED AND ADOPTED on the 27th day of March, 2023, by the following vote:
Resolution No. 6217
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, CMG, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on March 27, 2023.
Brian C. Barrett, CMG, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
March 27, 2023
ITEM FOR COUNCIL CONSIDERATION
Agreement with Rogers Anderson Malady & Scott, LLP for auditing services.
STAFF RECOMMENDATION
Authorize the City Manager to execute the Agreement with Rogers Anderson Malady & Scott, LLP for auditing services in an amount not to exceed $195,020.
Sample Motion: I move to authorize the City Manager to execute the Agreement with Rogers Anderson Malady & Scott, LLP for auditing services in an amount not-to-exceed $195,020. (Requires a roll call vote)
BACKGROUND
Government Finance Officers Association (GFOA) recommends that cities review their auditing services contracts every five years and use a competitive process for the procurement of those services.
DISCUSSION
The City last went out for auditing services in 2019 and issued a contract with the City's current auditors, Moss, Levy & Hartzheim, Certified Public Accountants (CPA) on August 12, 2019 to provide auditing services to the City for the fiscal years ended June 30, 2019 to June 30, 2021 with two additional one-year options for the fiscal years ended June 30, 2022 and June 30, 2023. City staff elected not to exercise the final one-year option for auditing services for the fiscal year ended June 30, 2023.
On January 11, 2023, City staff issued a Request for Proposal (RFP) for Auditing Services. Four CPA firms provided proposals for Auditing Services by the deadline.
Those four firms were:
• Badawi and Associates, CPA (Berkeley, CA)
• Eadie and Payne, LLP (Riverside, CA)
Agreement with Rogers Anderson Malody & Scotty, LLP for Auditing Services March 27, 2023
• Rogers Anderson Malady & Scott, LLP (San Bernardino, CA) • The Pun Group (Santa Ana, CA)
Staff reviewed the proposals and took into consideration total cost of the audit, proposed audit firm staff, audit firm staff time on the audit, location of the audit firm, and the audit firm's experience with municipal audits as summarized on the following table:
Badawi and Eadie and Rogers Anderson The Pun
Audit Rrm Associates Payne,LLP Malody & Scott, LLP Group Location Berkeley, CA Riverside, CA San Bernardino, CA Santa Ana, CA Annual Audit Fee for the fiscal year ended June 30,
1 "2023 $ 29,940 $ 38,880 $ 39,580 $ 43,000
2024 30,840 39,760 39,580 44,290
2025 31,770 40,670 40,860 45,619
Total for 3-Years 92,550 119,310 120,020 132,909
2026 31,770 42,070 36,860 46,987
2027 31,770 43,280 38,140 48,397
Total with Options $ 156,090 $ 204,660 $ 195,020 $ 228,293 Staffing for Audit
Partner 1 1 1 1
Manager 1 1 1
Senior/Supervisor 1 2 1 1
Staff 2 As Needed As Needed As Needed
Clerical As Needed As Needed As Needed As Needed
Total Proposed Hours 323 275 268 340
1 - Rogers Andersons Malody & Scott, LLP fiscal years June 30, 2023 to June 30, 2025 includes an additional $4,000 from contract for projected additional major program testing as part of Single Audit
After review, staff is recommending the selection of Rogers Anderson Malady & Scott, LLP to perform audit services for the City for the fiscal years ended June 30, 2023 to June 30, 2025 with City options to audit the fiscal years ended June 30, 2026 and June 30, 2027.
Total proposed cost for auditing services for the initial three year term of the contract is $120,020. Adding the two one-year options of $36,860 and $38,140, the total cost for five years of auditing services is $195,020.
On March 3, 2023, staff met with the City Council Finance/Budget Committee to go over the proposals received and staff's recommendation for selection for Auditing Services.
The City Council Finance/Budget Committee unanimously voted to recommend Rogers Anderson Malady & Scott, LLP to the City Council.
G:\Admin Services\Staff Report\2023.03.27 - Agreement with Rogers Anderson Malody & Scott, LLP for Auditing Services.docx
Agreement with Rogers Anderson Malody & Scotty, LLP for Auditing Services March 27, 2023
POLICY CONSISTENCY
The agreement can be found consistent with the City's interest in complying with state law; Assembly Bill 1345 section 12410.6 (b) to Government Code regarding auditor rotation requirements of public accounting firms providing auditing services to local agencies.
FINANCIAL CONSIDERATIONS
Funds for fiscal year 2022-23 auditing services of $39,580 are included in the General Fund Account No. 101-201-5210. Audit costs in the future fiscal years will be appropriated through the budget process.
LEGAL AND RISK MANAGEMENT
The proposed agreement uses the City's standard professional services agreement that has been vetted by the City Attorney's Office as to form.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting.
ATTACHMENTS
Attachment A:
Attachment B:
Proposal from Rogers, Anderson, Malody & Scott, LLP
Agreement with Rogers, Anderson, Malody & Scott, LLP
REFERENCE MATERIALS - AVAILABLE FOR REVIEW AT CITY HALL Proposal from Badawi and Associates, CPA
Proposal from Eadie and Payne, LLP
Proposal from The Pun Group
Staff contact:
Gilbert Punsalan, Finance Manager
[email protected]; (805) 880-3406
Licette Maldonado, Administrative Finance Director
[email protected]; (805) 755-4448
Reviewed by:
Dave Durflinger, City Manager
[email protected]; (805) 755-4400
Signature
~A tt4
Signature
/2 JLL/
G:\Admin Services\Staff Report\2023.03.27 - Agreement with Rogers Anderson Malody & Scott, LLP for Auditing Services.docx
Attachment A
Proposal from Rogers, Anderson, Malody & Scott LLP
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ROGERS, ANDERSON, MALODY & SCOTT, LLP
CERTIFIED PUBLIC ACCOUNTANTS, SINCE 1948
FEBRUARY 10, 2023
CITY OF CARPINTERIA
TECHNICAL PROPOSAL
PROFESSIONAL AUDITING SERVICES
FOR THE FISCAL YEARS ENDING JUNE 30, 2023, 2024 AND 2025 (WITH THE OPTION OF TWO ADDITIONAL FISCAL YEARS)
CONTACT PERSONS:
TERRY SHEA, CPA
[email protected]
GARDENYA DURAN, CPA, CGMA
[email protected]
909.889.0871
PREPARED BY
ROGERS ANDERSON MALODY & SCOTT, LLP
735 E Carnegie Drive, Suite 100
San Bernardino, CA 92408
LICENSE #2596
FEIN 95-2662063
-i CITY OF CARPINTERIA
l PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
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Table of Contents
Page
) Transmittal letter i
Technical Proposal
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License to practice in California , 1
Independence 1
Firm qualifications and experience 1
About our firm
Range of services
Governmental Audit Quality Center
Housing Authority and Successor Agency experience
Single Audit experience
ACFR preparation
Engagement quality control
Equal Opportunity Employer
External quality control review
Disciplinary action
Partner, supervisory and staff qualifications and experience 5 Partner and supervisory staff involvement
Staff continuity
Continuing professional education
Assigned personnel
Engagement team resumes
Similar engagements with other governmental entities 14 Client references 14
Specific audit approach 15
Services to be provided
Engagement approach
Level of staff and approximate number of hours assigned to each segment Sample sizes (including for compliance testing)
Intelligent audit technology
Analytical procedures
Understanding of internal control over financial reporting Approach in determining applicable laws and regulations Effect of COVID-19 on our audits
Auditing in a remote environment
Proposed audit timing
Audit fees 24
Attachment A: Government clients served
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ROGERS. ANDERSON, MALODY & SCOTT. LLP
CERTIFIED PUBLIC ACCOUNTANTS, SINCE 1948
February 10, 2023
735 E. Carnegie Dr. Suite I 00
San Bernardino, CA 92408
909 889 0871 T
909 889 5361 F
ramscpa.net
City of Carpinteria
505 Forest Avenue
Laguna Beach, CA 92651
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PARTNERS
Te1Ty P. Shea. CPA
Scott W. Manno. CPA, CGMA
Leena Shanbhag, CPA. MST. CGMA
Bradford A. Vvetebir. CPA. MBA, CGMA
Jenny W. Liu, CPA, MST
Brenda L. Odle, CPA. MST (Partner Emeritus)
MANAGERS/ STAFF
Gardenya Duran, CPA. CGMA
Brianna Schultz, CPA. CGMA
Seong-Hyea Lee, CPA, MBA
Evelyn Mo,·entin-Barcena, CPA
Veronica Hernandez. CPA
Laura Arvizu, CPA
Xinlu Zoe Zhang. CPA, MSA
John Maldonado, CPA. MSA
Julia Rodriguez Fuentes, CPA. MSA
Demi Hite, CPA
Jeffrey McKennan. CPA
) MEMBERS
American Institute of
Certified Public Accountants
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PCPS The A/CPA A//ionce
for CPA Firms
Gove, 11,nentol Audit
Qualily Ce11te1
California Society of
Certified Public Accountants
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Proud Member of
AlliottGlobalAlliance·
Dear Evaluation Committee:
We are pleased to respond, on behalf of Rogers, Anderson, Malady & Scott, LLP, (RAMS) to your request for a proposal regarding professional auditing services. As a recognized industry leader and innovator, our goal for the past 74 years has been to provide honest, objective and high-quality results to all our clients, including governmental organizations such as yours. Our success in these efforts is witnessed by the continued organic growth of our firm and our list of long-term clients, some we have served for over 20 years.
At RAMS, we are committed to achieving the highest quality audit possible.
We understand the complexity of performing governmental audits and that is why we have a dedicated team of auditors that possess the specialized knowledge and experience to help ensure our audits are planned and executed in a way that maximizes audit efficiency and effectiveness and provides you the highest quality services.
We are aware that the City of Carpinteria will be reviewing other proposals during this process, but we believe that RAMS would be an exceptional choice for the audit for the following reasons. Our firm:
• Utilizes Teammate Analytics, a suite of more than 200 Computer Aided Audit Tools (CAATs). This software empowers our audit teams with the ability to perform powerful, meaningful data analysis which builds upon our other robust, substantive audit procedures. This value-added service also helps to identify specific transactions or amounts which may be indicative of fraud.
• Performs an intelligent, risk-based audit (using our CAAT) which enables us to focus on key audit areas allowing us to become more efficient resulting in a higher quality audit at a reasonable fee. • Currently provides auditing services to over 70 governmental agencies and not-for-profit organizations, including over 30 cities, most of which have enterprise activities and over 35 special districts. • Developed a comprehensive remote working environment for our audits. All our staff currently have the tools for working remotely in an effective and efficient manner allowing us to still provide a quality audit. Our ultimate goal is to continue to meet your needs, but in a safe environment.
• Has an established reputation in the governmental and not-for-profit accounting and auditing community for providing excellent, timely service with high quality reporting to our clients.
• Is committed to helping you meet all reporting/auditing deadlines, resolving any issues encountered during your audit (e.g., accounting or auditing, new pronouncements, etc.), and providing you with quality audit services.
-iSTABILITY. ACCURACY. TRUST.
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• Understands the audit process can be a stressful experience for you and your staff; we understand that you will have other commitments and your regular workloads during the audit. We make every effort to ensure the audit process, from the interim fieldwork to the preparation of any required financial reports, will be as trouble-free as possible for you and your staff. We accomplish this by comprehensively planning the audit and utilizing our staff and audit technologies in the most efficient and effective manner while keeping disruptions and miscommunications to a minimum. • Has audit team members that are personable and easy to work with, yet still focused on the audit. Through open and responsive communication with all parties involved in the audit process, we work to have the most efficient audit possible by minimizing operational distractions of your staff, while maximizing quality service.
• Has an extensive internal quality control review process to ensure your financial reports meet the highest standards. In addition to the preparation of financial reports by the engagement team and reviewed by the engagement manager, each report is also examined by 2 partners and at least 1 professional proofreader.
• Has assisted many of our clients with the preparation of their Annual Comprehensive Financial Reports, and all our clients that have submitted their reports for the Government Finance Officers Association (GFOA) or California Society of Municipal Finance Officers (CSMFO) awards have received the awards.
Our participation as a GFOA reviewer also indirectly benefits our clients in the quality review process. • Believes that our fee estimate provides a fair and reasonable investment, commensurate with level of service provided and the experience of the audit team members. While we may not be the lowest bidder, that is not our objective. We focus on delivering the best value and price our prospective engagements accordingly.
• Is a local Southern California firm. All our employees live, work, and shop in the region, allowing our local cities to benefit from our sales and property taxes.
As you will see from our proposal, it was prepared in a clear, concise and simple manner in accordance with the request for proposal. We feel our firm, staff and reputation as a leader in governmental auditing exceeds the need for the excess information you may see in other proposals.
Rogers, Anderson, Malady & Scott, LLP is properly licensed to practice in California, including all the assigned professional staff to the engagement. Mr. Shea, Partner, and Mrs. Duran, Partner, are authorized to represent the firm, are empowered to submit the bid and authorized to sign a contract with the City. We understand the work to be done as listed in the section of this proposal titled Services to be provided. In addition, we will be committed to meeting any agreed upon time frames. This proposal is a firm and irrevocable offer for fiscal years 2022-23, 2023- 24 and 2024-25.
We can be reached at: 735 E. Carnegie Drive, Suite 100, San Bernardino, CA 92408, (909) 889-0871, [email protected] or [email protected].
Thank you for the opportunity to present our proposal to the City. We will be committed to exceeding your expectations of an auditor and believe this proposal provides you with information about our firm, the service team members and our customized audit approach. We look forward to having a long and mutually beneficial relationship with the City. Please feel free to contact us if you have any questions regarding this proposal. )
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Respectfully yours,
ROGERS, ANDERSON, MALODY & SCOTT, LLP
Partner
@AICPA'
GAQC Member
ROGERS, ANDERSON. MALODV & SCOTT, LLP
CEIH1f-1ED PUBLIC ACCOUNTMHS. SINCE 1948
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CITY OF CARPINTERIA
PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
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License to practice
Rogers, Anderson, Malady & Scott, LLP is licensed to practice in the State of California. Our key professional staff, which includes the partners, managers, and supervisors, are all certified public accountants licensed to practice in the State of California and follow all applicable Board of Accountancy standards.
Independence
Rogers, Anderson, Malady & Scott, LLP is independent of the City and any component units, as defined by general standard number two of the generally accepted auditing standards, and by the second general standard for government auditing in the U.S. Government Accountability Office's Government Auditing Standards.
We have not had any professional relationships with the City within the past five (5) years.
Firm qualifications and experience
About our firm
We are a local firm founded in 1948 and located at 735 E. Carnegie Drive, Suite 100, San Bernardino, California. We provide a full range of services as expected of a full-service accounting firm. We are one of the oldest, most trusted and respected CPA firms in Southern California, with over 74 years of public practice experience, specializing in governmental agency and not-for-profit
organization auditing, accounting, and management advisory services. Over sixteen thousand hours per year are devoted to this area of our practice, which includes cities, redevelopment successor agencies, water districts, other special districts, notfor-profit corporations, and joint power authorities. We do not use our government accounting and auditing practice as "fill work" for the firm, it is one of our primary focuses thus allowing us to provide quality services to local governments.
We understand your desire to engage auditors that have a thorough understanding of the ever-changing complex accounting and compliance issues confronting governments today. Our firm has an extensive history of governmental accounting and auditing. During that time, we have gained valuable experience, acquired an in-depth knowledge of, and obtained the technical expertise needed to perform high quality governmental audits. This expertise has enabled us to provide exceptional, high-quality service and to provide solutions at fees we feel represent our value to our clients. In addition, we use our participation in various industry associations to continuously update our knowledge with respect to issues relating to governmental accounting, auditing, and operations. Any insight we gain is immediately passed on to our clients if we feel they will benefit from it.
Our firm has a total staff of forty-four people, which includes sixteen certified public accountants. The staff consists of seven partners, five managers, ten supervisors/senior accountants, seventeen staff accountants, and five support staff. The audit staff consists of twenty-one members who devote over 80% of their time to municipal engagements. The engagement team assigned to the City's engagement will consist of the following full-time staff: one audit partner, one audit manager, one audit supervisor, and two to three senior/staff auditors. All personnel are out of our San Bernardino office. )
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GAQC Member
ROGERS, ANDERSON, MALOOY .S- SCOTT. LLP
CERTIFtl;D PUOUC ACCOUNTANTS smce 1948
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PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
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Firm qualifications and experience (continued)
Range of services
Our firm provides various other services in addition to auditing services to governmental entities, including:
• SB 341 compliance (Successor Agencies)
• Internal control agreed upon procedures
• Finance director and accounting support services
• Study and evaluation of financial condition and fiscal policies • Transient Occupancy Tax agreed upon procedures
• Franchise (refuse, cable) agreed upon procedures
• Accounting policies and procedures
• Cash management studies
• Financing and public bond offering assistance
• Franchise agreement assistance (ambulance, cable, television, refuse, etc.) In addition, the firm provides accounting, auditing, attest, and consulting services to for profit and not-for-profit entities. We also provide tax preparation and tax consulting services to individuals, corporations, and partnerships. We provide our municipal audit clients tax consultation at no extra charge.
Governmental Audit Quality Center
As a member of the American Institute of CPAs Governmental Audit Quality Center (Center), we are committed to adhering to the highest quality standards by voluntarily agreeing to the Center membership requirements, which include designating a partner responsible for the quality of our governmental audit practice, establishing quality control programs, performing annual internal inspection procedures, and making our peer review report findings publicly available. At RAMS, our goal is to continue to enhance our quality initiatives within our governmental audit practice to deliver the highest quality audit services possible.
In addition, the Governmental Audit Quality Center provides access to comprehensive resources that will assist us in further enhancing the quality of your audit. The Center membership provides us with timely information on a variety of technical, legislative, and regulatory subjects that we can in turn apply to your audit to help ensure compliance with the appropriate standards and changes in regulations which we pass on to our clients.
Housing Authority and Successor Agency experience
Over the past five fiscal years, the firm has audited the Housing Authorities and Successor Agencies for the following entities:
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City of South Pasadena
City of Thousand Oaks
City of San Marcos
City of San Dimas
City of Lawndale
City of Sierra Madre
City of El Cajon
Town of Yucca Valley
City of Loma Linda
City of San Bernardino
City of La Verne
City of San Jacinto
City of Twentynine Palms
City of La Mesa
City of Imperial Beach
City of Hawthorne
City of Beaumont
City of Claremont
·~AICPA
GAQC Member -2- Ill ROGERS, ANDERSON. MALOOV & SCOTT, LLP CEfHIFIED PUBLIC ACCOUNTI\IHS. SIIKE 1948
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Firm qualifications and experience (continued)
Single audit experience
Most of our municipal clients, and some of our other governmental and not-for-profit clients, have been subject to an audit in accordance with Uniform Guidance. We recently performed single audits for the following entities:
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Elsinore Valley Muni. Water District
City of El Cajon
City of San Marcos
City of Beaumont
City of Menifee
City of Exeter
City of La Verne
City of San Bernardino
City of La Mesa
City of Thousand Oaks
City of Twentynine Palms
City of Woodlake
City of Live Oak
City of Hawthorne
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Our specialized Single Audits Team is led by Managers and Supervisors with Intermediate and Advanced Single Audit Certifications issued by the AICPA guaranteeing a successful and thorough engagement.
ACFR preparation
We have extensive experience in the preparation of Annual Comprehensive Financial Reports (ACFR). For the fiscal years ended June 30, 2020 and 2021, our staff prepared over 20 ACFR's, with each entity receiving the Certificate of Achievement for Excellence in Financial Reporting from the GFOA. For the fiscal year ended June 30, 2022, again, our staff prepared 29 ACFR's for our clients for submittal to the GFOA. In addition, we have helped many cities and special districts develop their first year's report for submittal. Two of our audit partners and four of our supervisory staff are technical reviewers for the GFOA award program. In addition, we review all the ACFR's for compliance with the GFOA certificate program checklist, as well as addressing any prior year comments, if applicable, to insure they have been addressed.
Engagement quality control
We have an extensive internal quality control review process to ensure your audit meets the highest standards. In addition to the preparation of financial reports by a senior member of the engagement team, each report is reviewed by the engagement manager/supervisor and then is examined by the engagement partner. Subsequently, a technical review is then performed by the engagement Quality Control partner along with being proofread by at least one professional staff. In addition, all audit workpapers are reviewed by the in-charge auditor and the partner in-charge of the engagement.
Equal Opportunity Employer
Our firm is an equal opportunity employer and is committed to providing employment opportunities to all qualified persons regardless of race, color, sex, religion, national origin or handicap. Our staff represents a wide range of cultures and ethnic backgrounds. We provide opportunities for advancement for all staff based on ability, skill and desire to advance.
~AICPA'
GAQC Member
ROGERS, ANDERSON, MALODV & SCOTT, LLP
CF.IHIHED PUBLIC ACCOUNT/l!HS. SINCE 19•18
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Firm qualifications and experience (continued)
External quality control review
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As a member of the AICPA Private
Companies Practice Section, our firm
has participated in the "Peer Review"
program since 1993 and has been
examined every three years since that
date by an outside, independent firm of
certified public accountants.
Participation in this program ensures
that our engagements, firm policies,
and audit procedures meet the
standards of the AICPA, the Yellow
Book, and the California State Board
of Accountancy. Throughout our
participation in this program, the firm
has only received pass ratings from
the peer reviewers.
During each review, an independent
firm reviews our policies and
procedures and then inspects a
representative sample of engagement
workpapers and reports, including
governmental entities and
engagements subject to the Uniform
Guidance. For the year ended
November 30, 2020, our firm received
a rating of pass which indicates our
auditing practice is suitably designed
and complied with to provide
reasonable assurance of performing
and reporting in conformity with
applicable standards. The results
provide confirmation that the custom
audit approach and procedures we
use are technically sound and in
compliance with applicable standards.
Disciplinary action
Grant Bennett Associates
June? 4. 2021
To the Partners of Rogers. Andet<OI\ Malod>/ & Sron. LlP. and the Peer Review Committee of the California Socie ty of CPAs
We have reviewed the system of quality control for the accounting and auditing practice of Rogers. Anderson, Malady & Scott LLP (the firm) in offl!C1 for the year ended November 30, 2020. Our peer rl!lliewwas conducted in accordance with !he S!iltldatds lot Perfotming and Reporting on Peer Rwews established by the Peer Review Board of the American lnsti1ute of Cmified Public Accountants (Standards).
A summary of the nature, objectrles, scope, limitations of. and the procedures performed in a System Rl!vil"W as described in tt1e Standa1ds may be found at wvtw.aicpa.org/prsummary. The summary .also includes an expfazt.ation of how' engagements identifiic.'<f as not pedo,rned or reported in conforrni1y with applicable professional st.snd-ards, if .any. a-e evaluated by a peer reviewer to determine a peer f(?vjev1 rating.
Firm's Responsibility
The firm is responsible for ~ing a sys1em of qua!iry control arid complying with it to provide the firm with reasonable assurance of pc,forrning and tcporting in c.onfoffllity with applicable? profossional standards in all m.neri.11 respects. The firm is also responsible tor ev.alualing actions to promptly 1l?mcdiat1? 1?n9agcments deemed .u not performed or reported in conformity with professional standards., when approprtate, and for remediating weaknesses in its system of quality contJol, if any.
Peer Revlewor's Reoponslbllity
Our responsibility is to exp,e,s an opinion on th<! design of the systom of qu•lity co;11tol and the firm's compli ance therewith based on OU' review.
Roqulred S.lectlons and Conslder.tions
Engagements selected for review- induded engagements performed under Govemmmt Auditing Standards, including a compliance audit under the Single Audi! Act. and an audit of an employee benefrt plan.
As a part of our peer review, v,e conskk!red r...ev,s by regulato,y eritilles as communicated by the firm. if appli(ablc, in determining the na1ute and e::ctent of our procedures, Opinion
In our opinion, the system of quality control f0< the accounting and auditing practice of Roger,. Anderson, M•lody & Sro!l UP in effect for the y,,a, l!nded November 30, 2020, has been suitably designed and coinplied with to ptovide the firm with reasonabfe as.su,ance of performing and reporting in conformity with applicable professional standards in all ,nawrial respects. Fim,s can receive a rating of pass. poss with deficieJtr:y(les) or fail Rogers. Anderson, Malody & seeu llP has received a peer review rating of poss.
GRANT BENNETT ASSOCJATES
A PROFESSIONAL CORPORATION
Certified Public Accountants
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Report on 1he firm's System of Quality Control
10850 Gold Center Drive. Suite 260
Rancho Cordova, CA 95670
916/922-5109 FAX 916/641-5200
Prlncevllle, HI 96722
888/769-7323
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The firm has never had any disciplinary action taken or pending against it with state regulatory bodies or professional organizations, nor has it ever had any pending or settled litigation, civil or criminal investigations.
In addition, we are not aware of any federal or state desk reviews or field reviews of its audits during the last three years.
Our firm does not have a record of substandard work.
In addition to the external quality control review, our firm performs in-house monitoring procedures, which mirror the outside peer review procedures, over our audit and attest engagements annually. ·~AICPA'
GAQC Member
ROGERS, ANDERSON, MALODY & SCOTT , LLP
C~ATIFJEO PUBLIC ACCOUNTANTS. SINCE 1948
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CITY OF CARPINTERIA
, PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
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Partner, supervisory, and staff qualifications and experience The quality of service you receive is dependent on the capabilities of the individuals assigned to the engagement, and the manner in which those personnel resources are organized to efficiently focus their abilities on providing you with the requested audit services. These professionals are highly trained and knowledgeable and have a thorough understanding of the environment in which governmental and not-forprofit entities operate. This experience is a critical component in providing the City with an effective and efficient audit.
Our engagement team will provide significant experience coupled with an extensive, practical understanding of governmental accounting and auditing along with a broad business perspective. Each member will have access to a wide range of technical resources and knowledge bases which will enable them to provide the City with practical observations and effective solutions.
Below is our proposed organizational chart for the audit:
I City of Carpinteria I
City Council
;Quality Control Reviewer I
!Scott Manno, CPA, CGMA I Engagement Partner I
Terry Shea, CPA I Concurring Partner I
Gardenya Duran, CPA,
CGMA
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Manager I
Evelyn Morentin-Barcena,
CPA
I Senior I
Demi Hite, CPA
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·~AICPA
GAQC Member
ROGERS. ANDERSON. MALOOY & SCOTT, LLP
CErHIFIED PUBLIC ACCOUNTl\1-lrS, SIIKE 1948
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PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
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Partner, supervisory, and staff qualifications and experience (continued) Partner and supervisory staff involvement
All partners and supervisory staff are working professionals and are actively and continually involved in all aspects of their engagements. We believe that partner and supervisory staff involvement in all areas of the audit is a key aspect of the overall audit process. This involvement includes being on-site for interim and yearend fieldwork, thus facilitating a proper, efficient, and effective audit, with minimal disruption of your staff. In addition, the time spent on-site by the partners and supervisory staff ensures they gain an understanding of the entire City's accounting processes and procedures. This understanding will enable them to evaluate and develop opportunities for efficiency, as well as offer practical and functional advice for improving your accounting processes and procedures.
All professionals on this engagement have worked on audits similar in nature to the City's, therefore, the City will not have to train our engagement team.
Staff continuity
Continuity of audit staff is a principal concern with our firm. In order to retain our staff, we offer extremely competitive wages, opportunities for advancement, generous medical packages, a retirement plan, bonus opportunities, as well as educational benefits. Even with the benefits we provide, we realize we may lose staff at any given time. Knowing this, we plan to provide staff continuity from year to year, which is in the best interest of the City and our firm. Continuity ensures an orderly, efficient, and less disruptive audit experience.
Since we cannot guarantee staff will remain with us, principal supervisory and management staff, including engagement partners, managers, other supervisory staff, and specialists, may be changed if those personnel leave the firm or are promoted. However, the City reserves the right to accept or reject replacements.
We believe that due to the significant involvement of the partners on all our enqaqernents, any staff transition would have a minimal effect on the audit efficiency and effectiveness of subsequent years.
Continuing professional education
Our team of auditor specialists stays current in this highly technical practice area by adhering to, and typically exceeding, the continuing professional education requirements of Government Auditing Standards as well as the State Board of Accountancy guidelines. All professionals at our firm participate in continuing professional education (CPE) programs, which are sponsored by various organizations including the Government Finance Officers Association, the American Institute of Certified Public Accountants, the California State Society of Certified Public Accountants, the California Society of Municipal Finance Officers and the Association of Government Accountants. Participation in these programs helps us to ensure that our clients are serviced with the best trained and most proficient government auditors and accountants available. In addition, we periodically provide in-house training taught by our partners and senior level staff using published resources.
All staff are required to attend fraud and ethics training. It is our goal to provide our professional staff continuing education which exceeds the minimum standard of 80 hours over two years.
In accordance with our firm's Quality Control document and Government Auditing Standards (GAS), all staff members who work on audits subject to GAS are required to complete CPE in accordance with GAS standards which require 24 hours directly related to governmental accounting and auditing.
In addition to the required CPE, we also use the following to increase our technical knowledge: view the Governmental Audit Quality Center Annual Webcast Update and other relevant seminars and review monthly publications from the AICPA, the GFOA, and various other resources. We also attend conferences and seminars sponsored by the GFOA, California Society of Municipal Finance Officers, California State Society of Certified Public Accountants and the California Special Districts Association. ·~AICPA
GAQC Member
ROGERS, ANDERSON. MALODY & SCOTT , LLP
CE!HIFIED PUBLIC ACCOUNTANTS. SIIKE 19,i,ij
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PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
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Partner, supervisory, and staff qualifications and experience (continued) Assigned personnel
It is our goal to provide you with capable, competent, and personable individuals who offer an extensive background, not only in governmental accounting and auditing, but also in general business practices. By doing so, it allows us to offer practical solutions, as well as provide technical support. This enables you to stay at the forefront of governmental accounting and provides you with the support you need in dealing with the complex issues confronting entities such as yours.
In addition, our engagement team has the managerial and supervisory experience to provide the City with a comprehensive audit of the highest quality, while still focusing on personal service. The resumes of the key engagement personnel assigned to the audit are presented below. The following individuals will be assigned to the engagement for the entire contract period (see staff Continuity section of this proposal):
Terry Shea, CPA - Partner, Engagement Partner
Terry is a municipal audit partner with the firm and will be the engagement partner. He is licensed to practice as a certified public accountant in the State of California. He has been in public accounting for over 40 years specializing in serving local governments such as yours. As the engagement partner, he will be responsible for overall engagement quality, as well as ensuring that the engagement is performed in the most effective and efficient manner. Terry will directly oversee all engagement staff while assisting in planning and performing the engagement, as well as reviewing all work-papers prepared during the engagement, in addition to all required reports. Terry is a working partner and will be actively and continually involved in all aspects of the engagement.
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Gardenya Duran, CPA, CGMA - Partner, Concurring Partner Gardenya is also a municipal audit partner with the firm. She is licensed to practice as a certified public accountant in the State of California. Gardenya has over 12 years of public accounting experience and has provided accounting, auditing, and consulting services for municipalities, special districts, water agencies, and various not-for-profit organizations. As the concurring partner Gardenya will work directly with Terry in planning and performing the engagement. In addition, he will provide technical consultation for the engagement team.
Scott W Manno, CPA, CGMA - Partner, Quality Control Reviewer Scott will be the Quality Control Reviewer. He is licensed to practice as a certified public accountant in the State of California. He has over 25 years of practical, governmental accounting and auditing experience. Scott will be responsible for the final quality control review of all released opinions and related reports.
Evelyn Morentin-Barcena, CPA - Engagement Manager
Evelyn is a manager with the firm and is licensed to practice as a certified public accountant in the State of California. Evelyn has over 7 years' experience in providing accounting and auditing services for municipalities, special districts and various nonprofit organizations. As the engagement manager, she will work directly with the audit in-charge and partner, while supervising the engagement team during all phases of the engagement. In conjunction with the audit in-charge, she will also oversee the preparation of any required reports.
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GAQC Member
ROGERS, ANDERSON, MALOOV & SCOTT, LLP
CERT!f-lED PUBLIC ACCOUNTANTS. SUKI: 1940
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CITY OF CARPINTERIA
PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
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Partner, supervisory, and staff qualifications and experience (continued) Demi Hite, CPA - Audit Senior
Demi is an Audit Senior with the firm. She is licensed to practice as a certified public accountant in the State of California. Demi has over 4 years' experience in providing accounting and auditing services for municipalities, special districts and various nonprofit organizations. As an audit supervisor, she will work closely with the engagement partner and manager and be responsible for planning the audit, supervising the staff assigned to the engagement, and performing reviews of all work-papers prepared for the engagement. In addition, she will also be responsible for the preparation of any required reports.
Staff level accountants
All staff accountants employed by us and working on governmental audits are qualified to perform such audits. Prior to "audit season", our staff are subject to a rigorous training regimen in which we go over all aspects of our audit process and audit programs ensuring staff members have a solid foundation prior to starting fieldwork. Each staff member is encouraged to take on increased responsibility for engagements previously worked on. This enables our staff to grow on each engagement and allows them to continue to gain the skills and knowledge required to perform the audits.
In summary, we want to emphasize the credentials of the above professionals who will be directly responsible for the quality of service that you will receive. Additionally, our audit team has another attribute that is very important, even though it is intangible -- the professionals assigned to the audits have previously worked together as a multi-disciplined team, thus ensuring a smooth, efficient, and effective audit. We are committed to allocating the necessary resources to ensure that we provide continuity of personnel throughout the term of our relationship with the City.
Full engagement team resumes are provided as follows.
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ROGERS, ANDERSON. MALODY & SCOTT, LLP
CERTll'lf.D PUBLIC ACCOUNT,\NfS. $11KI.: !948
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1 PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
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Partner, supervisory, and staff qualifications and experience (continued) Engagement team resumes
Terry P. Shea, CPA
Engagement Partner
Professional experience
Mr. Shea began his career with Thomas, Byrne and Smith in 1981. He spent five years with the firm primarily working on audits of municipalities, special districts, redevelopment and other governmental agencies. He joined Rogers, Anderson, Malody & Scott, LLP in 1987 where he has completed governmental audits including municipalities and provided financial consulting services for various cities.
Education/licenses
Bachelor of Arts - California State University, Fullerton Certified Public Accountant - State of California
Related professional experience
Partial listing of relevant governmental agencies served (*includes enterprise fund accounting):
City of La Mesa*
City of San Jacinto*
City of Indian Wells
'City of Norco
City of Poway
City of Loma Linda*
City of El Cajon*
City of Corona*
City of Goleta
City of Menifee
City of Dan Point*
City of Palm Desert*
City of Coachella
City of Redondo Beach
City of Aliso Viejo
City of Grand Terrace*
City of 29 Palms
City of Fillmore*
City of Indio*
City of Fontana*
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Mr. Shea served as the Interim Finance Director for the City of Perris from July 1998 to October 2001. He currently serves as the Contract Finance Director for one Riverside County city and one Los Angeles County city.
Continuing professional education
Mr. Shea has completed over 120 hours of continuing professional education courses in the past three years, of which, the following select courses are relevant to this engagement:
♦ Foundations in Governmental Accounting
♦ Governmental and Not-for-Profit Conference
♦ Governmental Auditing Skills
♦ Audits of State and Local Governments
Professional affiliations
Mr. Shea is a member of the following professional organizations:
♦ American Institute of Certified Public Accountants (AICPA) • California Society of Certified Public Accountants (CalCPA) ♦ Government Finance Officers Association (GFOA)
California Society of Municipal Finance Officers (CSMFO) ~AICPA'
GAQC Member -9- Ill ROGERS, ANDERSON. MALODV & SCOTT, LLP Cl:f.Hlf'JEO PUBLIC ACCOUNTMHS. Sll~CE 194ll
CITY OF CARPINTERIA
PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
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Partner, supervisory, and staff qualifications and experience (continued) Scott W. Manno, CPA, CGMA
Quality Control Partner
Professional experience
Mr. Manno began his career with Thomas, Bigbie and Smith in 1995 after serving in the United States Army. He spent six years with the firm primarily working on audits of municipalities, special districts and redevelopment agencies as well as various not-for-profit organizations. He joined Rogers, Anderson, Malady & Scott, LLP in July 2001. Currently, Mr. Manno serves as a technical reviewer for the GFOA ACFR Award program. Since 2010, Mr. Manno has been serving as a technical volunteer on the California Special Districts Association Audit Committee and is also on the Association's fiscal committee providing accounting and fiscal program guidance. Also, Mr. Manno has done presentations on fraud.
In addition, he is part of the California State Society of Certified Public Accountants Governmental Accounting and Auditing Committee which meets periodically to discuss current events, pronouncements, etc.
Education/licenses
Bachelor of Science, Business Administration - California State University, San Bernardino Certified Public Accountant - State of California
Chartered Global Management Accountant -American Institute of Certified Public Accountants Related professional experience
Partial listing of relevant governmental agencies served (*includes enterprise fund accounting):
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City of El Cajon*
City of Sierra Madre*
City of Moreno Valley*
City of Claremont
City of San Jacinto*
Town of Yucca Valley
City of Fillmore*
City of Beaumont*
City of Perris*
City of Menifee
City of La Mesa*
City of Chino*
City of San Marcos*
City of Exeter*
City of Rolling Hills Est.
City of La Verne
City of 29 Palms
City of Loma Linda*
City of Woodlake*
City of Poway*
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Mr. Manno has completed over 170 hours of continuing professional education courses over the past three years of which the following select courses are relevant to this engagement:
♦ Audits of State and Local Governments
♦ Government Accounting and Auditing Update
♦ 0MB Supplement Addendum and Latest Covid-19
Professional affiliations
Mr. Manno is a member of the following organizations:
♦ American Institute of Certified Public Accountants (AICPA) ♦ California Society of Certified Public Accountants (Cal CPA) ♦ Association of Government Accountants (AGA)
♦ Association of Certified Fraud Examiners (ACFE)
♦ Government Finance Officers Association (GFOA)
♦ California Special Districts Association (CSDA)
♦ California Society of Municipal Finance Officers (CSMFO) ·~AICPA'
GAQC Member -10- II ROGERS, ANDERSON. MALODY & SCOTT, LLP CERTll'l(D PUBLIC ACCOUNTANTS, SIIKE 1948
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CITY OF CARPINTERIA
PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
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Partner, supervisory, and staff qualifications and experience (continued) Gardenya Duran, CPA, CGMA
Concurring Partner
Professional experience
Mrs. Duran joined Rogers, Anderson, Malody & Scott, LLP in June 2010. She works primarily on audits of governmental agencies, small to mid-sized businesses, and nonprofit organizations. Currently, Mrs. Duran serves as a technical reviewer for the GFOA ACFR Award program. Prior to joining our firm, she was an Information Systems Technician in the U.S. Navy for nine years.
I Education/licenses
Bachelor of Science - California State University, San Bernardino Certified Public Accountant - State of California
Chartered Global Management Accountant -American Institute of Certified Public Accountants
Related professional experience
Partial listing of relevant governmental agencies served (*includes enterprise fund accounting):
City of Hawthorne*
City of Poway*
City of Canyon Lake
City of La Mesa
Continuing professional education
City of El Cajon*
City of San Jacinto*
City of San Marcos*
City of Thousand Oaks*
City of Aliso Viejo
City of San Bernardino
City of Redondo Beach*
City of Claremont*
City of Capitola
City of S. Pasadena
City of West Covina*
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Mrs. Duran has completed 120 hours of continuing professional education courses in the past three years of which the following select courses are relevant to this engagement:
♦ Thomson Reuters, Audits of State and Local Governments ♦ American Institute of Certified Public Accountants, Foundations in Governmental Accounting ♦ California Society of CPAs Education Foundation, Governmental Accounting and Auditing Update ♦ American Institute of Certified Public Accountants, Applying A-133 to Nonprofit and Governmental Organizations
Professional affiliations
Mrs. Duran is a member of the following professional organizations:
♦ American Institute of Certified Public Accountants (AICPA) ♦ California Society of Certified Public Accountants (CalCPA) ♦ Government Finance Officers Association (GFOA)
♦ California Society of Municipal Finance Officers (CSMFO) ·~AICPA
GAQC Member
ROGERS. ANDERSON, MALOOV & SCOTT, LLP
C~RT!l'IED PUBLIC ACCOUNTANTS. SIIKE 1948
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1 PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
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Partner, supervisory, and staff qualifications and experience (continued) Evelyn Morentin-Barcena, CPA
Audit Manager
Professional Experience
Evelyn is an Audit Supervisor with the firm. She has over 7 years' experience in providing accounting and auditing services for municipalities, special districts and various nonprofit organizations. As an audit supervisor, she will work closely with the engagement partner and manager and be responsible for planning the audit, supervising the staff assigned to the engagement, and performing reviews of all workpapers prepared for the engagement. In addition, she will also be responsible for the preparation of any required reports.
Currently, Evelyn serves as a technical reviewer for the GFOA ACFR Award program.
Education
Bachelor of Science - California State University, San Bernardino Certified Public Accountant - State of California
Intermediate Single Audit Certificate - AICPA
Related professional experience
Partial listing of relevant governmental agencies served (*includes enterprise fund accounting):
City of Menifee
City of Calabasas*
City of La Verne*
City of 29 Palms
City of Thousand Oaks*
Town of Yucca Valley
City of Loma Linda*
City of Lawndale
City of San Jacinto*
City of San Bernardino
City of South Pasadena*
City of Live Oak*
City of San Marcos*
City of Rosemead
Town of Windsor*
City of Hawthorne*
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Continuing Professional Education
Ms. Morentin-Barcena has completed over 120 hours of continuing professional education courses over the past two years of which the following select courses are relevant to this engagement:
♦ 2022 Compliance Supplement and Single Audit Update
♦ SLFRF Final Rule Briefing
♦ GASB Update
Professional affiliations
Ms. Morentin-Barcena is a member of the following professional organizations:
♦ American Institute of Certified Public Accountants (AICPA) ♦ California Society of Certified Public Accountants (CalCPA) ♦ Government Finance Officers Association (GFOA)
♦ California Society of Municipal Finance Officers (CSMFO) \!AICPA'
GAQC Member
ROGERS, ANDERSON. MALODY & SCOTT, LLP
CEfHIFIED PUBLIC ACCOUNTMHS. SINC"E 19,10
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Partner, supervisory, and staff qualifications and experience (continued) Demi Hite, CPA
Audit Senior
I Professional Experience
Mrs. Hite has over two years of experience in providing accounting and auditing services for municipalities, special districts and various not-for-profit organizations. As an audit senior, she will work closely with the engagement partner and manager and be responsible for planning the audit, supervising the staff assigned to the engagement, and performing reviews of all work-papers prepared for the engagement. In addition, she will also be responsible for the preparation of any required reports.
Education
Bachelor of Arts in Business Administration from California State University, San Bernardino Certified Public Accountant - State of California
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Related Professional Experience
Partial listing of relevant governmental agencies served (*includes enterprise fund accounting):
Valley Water Company
Beaumont Cherry Valley Water District
City of Rolling Hills Estates
Mission Springs Water District
Continuing Professional Education
City of San Bernardino*
San Bernardino International Airport Authority
March Joint Powers Authority*
City of La Verne
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Mrs. Hite has completed the following select courses that are relevant to this engagement:
♦ Intermediate Governmental Accounting
♦ Discover GFOA Best Practices
♦ Critical Concepts of Accounting for Capital Assets
Professional Affiliations
Mrs. Hite is a member of the following organizations:
♦ American Institute of Certified Public Accountants (AICPA) ♦ California Society of Certified Public Accountants (CalCPA) ♦ California Society of Municipal Finance Officers (CSMFO) ~AICPA"
GAQC Member
ROGERS, ANDERSON. MALODY & SCOTT, LLP
CERTlf-lED PUBLIC ACCOUt-lTAN rs. SIIKE 1948
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1 CITY OF CARPINTERIA
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' , Client references
) Entity: City of Thousand Oaks
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Scope of votk:
Date:
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Engagement partner:
Total hours:
Contact person:
Address:
Financial Audit/ACFR*/Successor Agency/Single Audit
Years ending June 30, 2018 - present
Mr. Terry Shea
Approximately 420 hours each year
Ms. Elisa Magana, Accounting Manager, (805) 449-2216
2100 Thousand Oaks Blvd., Thousand Oaks, CA 91362
Entity: City of Loma Linda
Scope of vor«:
Date:
Engagement partner:
Total hours:
Contact person:
Address:
Financial Audit/RDA/Successor Agency
Years ending June 30, 2013 - present
Mr. Terry Shea/Mr. Brad Welebir
Approximately 225 hours each year
Ms. Sonia Fabela, Finance Director/Treasurer, (909) 799-2840 25541 Barton Road, Loma llnda, CA 92354
Entity: City of Aliso Viejo
Scope of vom:
Date:
Engagement partner:
Total hours:
Contact person:
. Address:
Financial Audit/ACFR*/Single Audit
Years ending June 30, 2016 - present
Mr. Terry Shea
Approximately 300 hours each year
Ms. Ann Eifert, Director of Financial Services, (949) 425-2520 12 Journey, Suite 100, ':liso Viejo, CA 92656
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Entity: City of Rolling Hills Estates
Scope of wotk:
Date:
Engagement partner:
Total hours:
Contact person:
Address:
Financial Audit/CAFR
Years ending June 30, 2019 - present
Mr. Scott Manno
Approximately 250 hours each year
Mr. Mike Whitehead, Admin. Services Director, (310) 377-1577, ext.112 4045 Palos Verdes Drive North, Rolling Hills Estates, CA 90274 )
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Entity: City of Imperial Beach
Scope of vot«:
Date:
Engagement partner:
Financial Audit
Years ending June 30, 2021
Mr. Terry Shea
Total hours:
Contact person:
Address:
Approximately 350 hours each year
Mrs. Joann Gitmed, Finance Director, (619) 628-1361
8025 Imperial Beach Blvd., Imperial Beach, CA 91932
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1 PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
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Specific audit approach
Services to be provided
The City desires an Annual Comprehensive Financial Report (ACFR) to be prepared and audited by the independent auditor for the fiscal year ended June 30, 2023, and each of the subsequent years included in the audit firm's contract with the City. The City will submit the ACFR to the Government Finance Officers' Association (GFOA) for the Certificate of Achievement for Excellence in Financial Reporting Program.
In addition, we shall:
• Prepare the ACFR.
• Apply certain limited procedures related to Management's Discussion and Analysis and Required Supplementary Information and provide an "in-relation-to" report on the combining and individual fund financial statements and supporting schedules, if applicable. • Provide opinions as to the compliance with the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (0MB Uniform Guidance). RAMS is to provide an "inrelation-to" report on the Schedule of Expenditures of Federal Awards based on the auditing procedures applied during the audit of the financial statements. • Test compliance with Article XIIIB pertaining to the City's appropriation limit and prepare an AgreedUpon Procedures report to the City Council regarding compliance. • Prepare the Annual Financial Transaction Report (currently we utilize a sub-contractor for this). • We will provide up to 20 hours of technical assistance during the year. • We will provide the Pension & OPEB journal entries and footnote disclosures each year. • We will keep City staff informed of new guidance and developments that may affect municipal accounting and finance.
• We will hold meetings prior to the commencement of fieldwork at the beginning of the audit and after the first draft of financial statements has been prepared. The engagement partner will attend the meetings. ·
• We will be available to the City Council or management to answer questions related to the audit. • If an extended scope is determined, we shall provide the City with all ascertainable facts with an estimate of additional services required and the proposed price.
Our audit(s) will be in accordance with:
• Generally Accepted Auditing Standards as promulgated by the American Institute of Certified Public Accountants, including requirements found in the most recent AICPA audit guide Audits of State and Local Governments.
• Government Auditing Standards issued by the Comptroller of the United States of America. • Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (0MB Uniform Guidance). (Single Audit)
• Any other applicable standards for other items outlined in the Scope of Work to be performed and/or reports to be issued.
Reports to be issued:
• A report on the fair presentation of the financial statements in conformity with GAAP. • A report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with Government Auditing Standards (material weaknesses or significant deficiencies).
• A report in compliance with requirements applicable to each major federal program and internal control over compliance in accordance with the Uniform Guidance. • Prepare Management Letter that includes significant and less significant (i.e., reportable and nonreportable) recommendations for improvements to internal control. • We will issue reports to those charged with governance (SAS 114 letters) as required by auditing standards.
\!AICPA
GAQC Member
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RAMS will also perform the following:
• Make an immediate, written notification of all irregularities and illegal acts or indication of illegal acts of which we become aware to the following: City Manager, Finance Director and City Attorney. • Retain all working papers (at our expense) for a minimum of seven (7) years, unless we are notified by the City of the need to extend that period. In addition, we will make working papers available to the City and/or any government agency as appropriate, in addition to successor auditors.
Specific audit approach
Engagement approach
Our engagement approach for your audit will be developed, in part, by using established goals which will enable measurement of the audits progress by the engagement partner and lead auditor. This involves frequent communication between the partner and the engagement team to ensure that all audit objectives are achieved in accordance with our goals and that any issues which may arise are communicated and dealt with on a timely basis. In addition, our in-depth knowledge and expertise in governmental accounting and auditing has allowed us to identify key audit and accounting risks in the government environment. More importantly, the approach provides for a complete reassessment of the control environment in each year's audit and thus enables us to respond to any needed risk assessment changes.
Our engagement approach has been developed and refined over many years. The foundation of our approach revolves around the following:
• Knowledge and experience. We have been auditing governmental entities like the City, both large and small, for over 7 4 years. This experience has allowed us to gain in-depth knowledge of the governmental environment which in turn allows us to perform a more efficient and effective audit. It also enables us to perform detailed risk assessment procedures allowing us to identify significant audit risk areas within the City and its control environment. ·
• Intelligent design. As discussed later in our proposal, all our audits are designed to be intelligent using our powerful audit software/data analytic tools (Engagement and Teammate Analytics). This allows us to analyze large amounts of data in seconds increasing both the efficiency and, more importantly, the effectiveness of all our audit engagements.
• Oversight. Professional judgment is not developed overnight. Our partners, managers and supervisors have been deeply involved in governmental audits on a continuous basis for most of their professional careers. By having direct partner and manager oversight, we can design audit strategies that result in effective and efficient audits.
• Timeliness. Deadlines are not just "dates" to us, they are professional commitments. All required deadlines will be met.
• Open communication. Open lines of communication with all parties (the engagement team members and City Management and staff) throughout the audit process helps to eliminate "surprises." Proper planning and proper use of experienced engagement personnel tend to provide for an effective and efficient audit process. Consequently, inefficiencies, disruptions, and lack of understanding are kept to a minimum.
• Availability. All engagement team members are available throughout the year for any questions or additional consultation. City staff will have direct access to the partner, manager, and other supervisory staff at all times during the engagement, as well as after. • Cost effectiveness. Our customized audit approach and procedures and our experienced auditors help to reduce your overall audit costs while still providing an effective audit and high-quality reports. \! AICPA'
GAQC Member
ROGERS, ANDERSON. MALOOY & SCOTT. LLP
CERTIFIED PUBLIC ACCOU~H,\NTS, SIIKE 1948
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CITY OF CARPINTERIA
PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
Specific audit approach (continued)
• Risk based approach. Our detailed risk assessment procedures will consist of activities performed to obtain an understanding of the City and its environment, including its internal control. Evidence from these activities will provide the basis for our assessment of risks of material misstatement at the financial statement and relevant assertion levels. While performing our risk assessment procedures and we may choose to perform further audit procedures concurrently with risk assessment procedures as deemed necessary. In addition, risk assessment procedures will provide some of the necessary evidence about the relevant assertions related to classes of transactions, account balances, or disclosures and about the operating effectiveness of controls.
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As indicated in the previous section of the proposal, the overall objective of the engagement with the City is to conduct an audit of the financial statements in accordance with required auditing standards and the expression of an opinion(s) on those financial statements. Beyond that initial objective, we believe that our engagement approach provides certain other value-added characteristics, at no additional cost, that will benefit the City over the long-term:
• All our audits are designed to be performed in an efficient and effective way to minimize disruption to the office operations.
• We offer practical observations and recommendations relating to internal control issues, implementation of accounting standards and the policies and procedures regarding both. • We identify opportunities for operating efficiencies which can be used to decrease operating costs of the City.
Audit approach and proposed audit segmentation
The following is a summary of the audit team's audit approach for the engagement. The audit will be divided into the following segments:
Segment 1 - Interim testing - planning, pre-audit administration, and internal control testing During this phase of the audit, our principal objectives will be to gather information about the City and its environment, including its internal control over financial reporting.
In order to achieve the desired objectives of this phase of the audit, we will:
• Meet with the City's staff in order to determine convenient dates in which we can begin our audit and to discuss the assistance to be provided by the City's staff. • Hold brainstorming sessions with engagement team members to discuss the susceptibility of the City's financial statements to material misstatement and fraud. • Review and evaluate the City's accounting and reporting processes by reviewing the prior year's audit workpapers, any City-prepared documents such as budgets, in-house financial reports, policies and procedures manuals, minutes of governance meetings, etc., and by using various analytical procedures. Analytical procedures will enhance our understanding of the City and will help us identify areas that may need further assessment and additional testing. • Review and retain copies of any pertinent local, state and federal statutes, regulations, or charters that apply to the City.
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GAQC Member
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CITY OF CARPINTERIA
PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
Specific audit approach (continued)
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• Evaluate the design of controls that are relevant to the audit by obtaining a thorough understanding of the City's internal controls over financial reporting and compliance by documenting key internal control components, utilizing questionnaires, walkthroughs, inquiring of the City's personnel, and observing and reviewing key supporting documentation (a more thorough explanation of this process is discussed later in the technical proposal).
• Test controls, if control risk is to be assessed below maximum, by selecting a sample of transactions within the audit area being tested and reviewing supporting documentation to determine whether the relevant controls are in place and functioning properly. • Document and review with management, any findings noted during the testing of internal controls and provide a preliminary management letter that will include our recommendations for improving any weaknesses in operations. The letter will also include suggestions for improving the efficiency of the City's operations.
• Utilize our powerful audit data analytic software allowing us to analyze large amounts of data in seconds and focusing on areas/transactions that are red flagged.
In addition, we will perform the following procedures related to IT General Controls that "touch" financial data:
• Security access (including physical) controls: Evaluate the general system security settings and password parameters; evaluate the process for adding, deleting, and changing security access; evaluate the access capabilities of various types of users; evaluate access controls to networks and financial applications; evaluate access controls related to data files; and evaluate physical access to networks, servers, etc.
• Computer operations: Evaluate backup and recovery processes and review processes of identifying and handling operational problems.
• System development and system changes: Evaluate processes related to system development and system changes (if applicable).
• Application testing: We will determine if the testing of application controls is deemed necessary based on our professional judgment in the planning stages of the engagement.
This phase of the engagement for the audit will be performed by the audit senior and two/three staff accountants with direct supervision by the audit manager and partner.
Segment 2 - Year-end testing - substantive testing
During this phase of the audit, our principal objectives will be to assess the risk of material misstatement at the financial statement level and specific assertions, design overall responses to assessed risks and further audit procedures, perform substantive tests, and complete the audit and evaluate audit findings, if applicable.
In order to achieve the desired objectives of this phase of the audit, we will:
• Identify significant risks and develop a detailed audit plan using the results in Segment 1. • Design substantive tests of account balances designed and modified specifically for the City's operations and assessed level of risk. Substantive procedures will consist of testing material balance sheet accounts, material revenue and expenditure/expense accounts along with various analytical procedures as deemed necessary. In addition, various accounts may be confirmed with outside parties (cash, investments, etc.).
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GAQC Member
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CITY OF CARPINTERIA
PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
Specific audit approach (continued)
• Determine whether our testing supports the assessed level of risk initially assigned at the financial statement level and at the assertion level.
This phase of the engagement for the audit will be performed by the audit senior and two/three staff accountants with direct supervision by the audit manager and partner.
If any proposed audit adjustments are noted during this phase, we will discuss and explain them, in detail, with the appropriate level of management prior to posting. )
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Segment 3 - Reporting - report preparation/audit conclusion (workpaper review) During this phase of the audit, our principal objectives will be to evaluate whether the financial statements, taken as a whole, are free from material misstatement and form an opinion(s) and issue our report.
In order to achieve the desired objectives of this phase of the audit, we will:
• Determine whether, based on our substantive testing and other procedures, the financial statements, taken as a whole, are free of material misstatement. This will provide the basis for our opinion(s). • Review all audit workpapers to ensure that the audit was performed in accordance with the required standards (GAAS, GAGAS, etc.) and prepare drafts of all required reports by the agreed-upon dates. • Conduct an independent review of the financial statement draft by the engagement's quality control partner and issue all reports by the agreed-upon dates.
This phase of the engagement will be performed by the audit manager and one staff accountant with direct supervision by the audit partner. In addition, the engagement's quality control partner will perform a detailed quality control review of the financial statements.
The above procedures are a general list of procedures to be performed. After our initial review of the City and our detailed risk assessment, we will customize the engagement and gear it towards the needs of the City and the audit itself. In doing so, we will determine which procedures to perform relative to our risk assessment.
All our audits are customized to each entity, helping to ensure a complete, effective, and efficient audit. The foundation of the above approach is based on open communication coupled with a strong knowledge of the City's operations and detailed planning at the initial stages of the audit.
Our firm is dedicated to performing a timely audit engagement. Prior to the start of the audit, we will meet with City staff and decide on adequate timeframes, agreed upon by both the City and us, for the performance of the audit and the release of the financial statements. We will dedicate the necessary resources to meet any agreed upon time frames.
Level of staff and approximate number of hours assigned to each segment Segment
Segment 1
Segment 2
Segment 3
Totals
Partner Manager Senior Total
4 10 26 40 80
7 16 42 51 116
9 14 36 13 72
20 40 104 104 268
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Specific audit approach (continued)
Sample sizes (including for compliance testing)
Our sample sizes will be determined in accordance with the AICPA's Audit and Accounting Guide, Audit Sampling, and will be selected using professional judgment or our TeamMate Analytics software, depending upon circumstance, as permitted by Statement on Auditing Standards. Our methods are designed to provide the most audit coverage without expending excess time. Our sample sizes will depend upon our preliminary assessment of control risk, our planned substantive testing and analytical procedures as well as our professional judgement.
We utilize our Computer Aided Audit Tools (CAAT) software, Teammate Analytics, to draw our audit samples.
The software allows us to generate random samples, systematic samples, stratified samples, attributes samples as well as monetary unit samples (also called probability-proportional-to-size or dollar unit sampling).
Intelligent audit technology
Our audits are designed to be intelligent using our powerful audit software tools (Engagement and Teammate Analytics). In addition, all audit team members are linked to each other using wireless connections which enables them to share information at an almost real-time speed. Below are some of the benefits of our audit technologies:
• We utilize Teammate Analytics, a suite of more than 200 dynamic Computer Aided Audit Tools (CAA Ts). This allows us to analyze large amounts of data in seconds. Using data received directly from the City, we can perform the following: search for duplicate checks, detect transactions occurring on holidays/weekends or during unusual hours, perform Benford's Law analysis, and identify instances when a vendor has issued multiple invoices with sequential references along with many other tests. The software empowers our audit teams with the ability to perform powerful, meaningful data analysis which will build upon our other value-added services.
• We can create our own analytical schedules allowing for easy analysis of current balances to prior year balance, current vs budget balance, thus reducing significant City staff time. • Once your trial balances and financial statements are entered into our software, we can observe your financial statements in the field allowing us to notice any variances and address them immediately. • We link the financial statement schedules directly to our audit software trial balances, and as a result, we can provide the City with fund financial statements almost immediately after importing the trial balances.
• We can provide the City with our audited trial balances which show the coding of the financial statement schedules for ease of review for City staff. These reports show each account coded to a specific financial statement line item/function as well as journal entries posted during the audit. • We have the capability to perform effective and efficient audits remotely as well.
Analytical procedures
In order to properly utilize analytical procedures, industry background and knowledge are needed. With our firm's long history and qualified staff, we believe we have the necessary knowledge and experience to effectively apply analytical procedures. We will utilize analytical review procedures throughout our audit of the City.
• During the interim phase of our audit, we will compare current and prior year unadjusted balances to determine which areas may need additional analysis; we will also compare current year actual amounts to the City's annual budget (both original and adopted). ·~AICPA
GAQC Member
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Specific audit approach (continued)
• During the final phase of our audit, we will perform procedures like those mentioned above, as well as compare certain financial ratios for current and prior years. We will also conduct certain "reasonableness" tests. Any significant variances are investigated further through inquiry and other substantive testing as deemed necessary until resolved to our satisfaction. • Finally, after we have completed our fieldwork, we will compare current and prior year audited balances, keeping in mind expected relationships obtained from our knowledge of the City, similar entities and the general economic environment. In addition, we may choose to use various other analytical techniques such as trend analysis, etc.
Unlike other audit firms, we use analytical procedures to supplement our substantive testing, not supplant them.
Understanding of internal control over financial reporting Our approach to obtaining an understanding of the City's internal control over financial reporting will be performed in accordance with professional standards as promulgated by the American Institute of Certified Public Accountants -- our understanding will include the Control Environment, Risk Assessment, Control Activities, Information and Communication, and Monitoring. We will use customized procedures which we have developed internally to evaluate your internal control systems. By combining our customized procedures and our detailed knowledge of the City and its environment, we will be able to provide constructive feedback in areas we feel need improvement. In addition to our customized procedures, we will also perform the following:
Control Environment. Through inquiry of the City's personnel, prompted by questionnaires, personal knowledge, and review of the minutes of the governing body meetings, we will obtain an understanding of management's and the governing body's attitudes, awareness, and actions concerning the control environment, focusing on the substance of the controls rather than their form.
Risk Assessment. Through inquiry of the City's personnel and the use of questionnaires, we will obtain sufficient knowledge of the City's risk assessment process to understand how management considers risks relevant to financial reporting objectives and decides upon actions to address those risks. This will include understanding how management identifies risks, estimates the significance of these risks, assesses the likelihood of their occurrence, and relates them to financial reporting.
Control Activities. Certain control procedures will be documented during our analysis of the control environment and the accounting system. However, many specific control procedures will still need to be documented that will focus primarily on the City's major transaction cycles. As mentioned above, we will test the City's control procedures on which we intend to rely on for safeguarding assets from unauthorized use or disposition and detecting/preventing unauthorized transactions. Any flow charts, organizational charts and any other manuals, programs, and financial and management information systems will be analyzed during this process.
Information and Communication. Through inquiry of the City's personnel, we will identify the major types of transactions engaged in by the City. We will become familiar with the treatment of those transactions, including how the transactions are initiated, the related accounting records, and the manner of processing the transactions. Finally, we will obtain an understanding of the City's financial reporting process used to prepare financial reports, including the approaches used in making accounting estimates and disclosures.
Monitoring. Through inquiry of the City's personnel and the use of questionnaires, we will obtain sufficient knowledge of the major types of activities the City uses to monitor internal control over financial reporting. We will also determine how those activities are used to initiate corrective actions. @AICPA'
GAQC Member
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Specific audit approach (continued)
Approach in determining applicable laws and regulations We understand the importance of laws and regulations in planning an audit of a local governmental entity and design all our audits to ensure we test transactions for compliance. As part of our audit process, our audit team will obtain an understanding of the laws and regulations that will have a direct and material effect on the City's financial statements. In determining which laws and regulations are applicable to the City's financial statement audit, we will consult the following sources:
• AICPA Audit and Accounting Guide, Audits of State and Local Governments • California Government Code (investments, GANN limit requirements, etc.) • Applicable State of California laws
• U.S. Government Accountability Office's Government Auditing Standards (The Yellow Book), latest revision
• Applicable contracts/grants of the City
• Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (0MB Uniform Guidance)
After consulting the applicable sources, we will design our audit to provide reasonable assurance of detecting material instances of noncompliance while continuing to refer to the applicable compliance guideline to ensure changes in compliance are not missed.
Effect of COVID-19 on our audits
The COVID-19 pandemic led to most of our audits being performed remotely in 2022. We were highly flexible with our clients and were able to perform almost all our audits remotely unless the clients requested a limited staff presence on-site. No matter how the pandemic continues to develop in California, we are prepared and able to continue serving our clients remotely, and even on-site with the appropriate precautions.
Auditing in a remote environment
The availability and use of technology has had a significant impact on the accounting and auditing profession, allowing us to provide professional services across longer distances and more timely than ever before. We have continued to evolve our ability to serve our clients remotely throughout the COVID-19 pandemic and have experienced new efficiencies for both auditor and auditee. We anticipate continuing to perform substantially all our audit work remotely and will work with the City to maximize the remote efficiencies using technology. If the City would like members of the audit team on-site, we will work with City management on determining an acceptable staffing level.
We maintain regular and routine contact with our clients throughout the audit planning, fieldwork, and conclusion phases of the audit with the use of email, phone calls, secure portals, video conferencing, project tracking schedules, and any other means necessary to ensure the timely completion of the audit by any agreed-upon deadlines. Our audit team is very responsive to our clients and we encourage our clients to connect with us throughout the year for any matters that may affect the audit or of a general accounting nature.
We have found this to be mutually beneficial for both our clients and the annual audit work.
Remote auditing has many benefits some tangible, as listed above, others intangible. In performing remote audits, we are bettering our employee's quality of life by reducing unnecessary travel time, reducing traffic congestion on our local freeways while also helping to improve Southern California's air quality.
·~AICPA'
GAQC Member -22- II ROGERS, ANDERSON, MALOOY & SCOTT, LLP CERTIFIED PUBLIC ACCOUNT AN rs. SINCI: 1948
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CITY OF CARPINTERIA
PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
Specific audit approach (continued)
Proposed audit timing
Audit planning
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) Segment 1 -
Planning/internal
control
Segment 2 -
Substantive
testing/analysis
Segment 3 -
Report
preparation/work
a er review
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Ma /June
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• Auditor
transition:
Meet with
prior auditor
to review
workpapers.
• Entrance
conference
to meet with •
management
for pre-audit
planning. •
• Preliminary
risk
assessment
procedures. •
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•
Obtain an understanding of •
systems, internal controls,
and current-year issues.
Assess and evaluate design
and implementation of key •
internal controls (including
IT related).
Perform tests of internal •
controls as needed.
Identify control deficiencies
Perform detailed risk
assessment procedures.
Draft internal control
comment letter.
Develop detailed audit plan
- provide management with
a detailed listing of items
needed to perform the audit,
including the timing of when
items are needed.
Perform substantive audit
fieldwork, including
substantive analytical
procedures.
Consider whether audit
evidence is sufficient to
form an opinion.
Conduct exit conference
with management to
discuss proposed entries,
internal control issues, etc.
November
• Determine whether, based
on our substantive testing
and other procedures, the
financial statements, taken
as a whole, are free of
material misstatement.
• Review all workpapers .
• Evaluate financial
statements and note
disclosures .
• Perform final analytical
procedures.
• Draft required reports .
• Issue final required reports
by or before agreed upon
date.
• Present to governing body
as needed.
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"AICPA
GAQC Member
ROGERS, ANDERSON, MALOOY & SCOTT, LLP
CERflFH;.D l>U!JLIC ACCOUNTANTS, SINCE 19,18
-23-
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1 CITY OF CARPINTERIA
1 PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
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Audit Fees
Not to exceed price for proposed services schedule
In accordance with the Request for Proposal for Audit Services issued by the City of Carpinteria, the Rogers, Anderson, Malody & Scott, LLP hereby submits the following cost proposal:
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For the fiscal year ended June 30,
Option years
Basic reports to be issued 2023 2024 2025 2026 2027
City audit and related reports $26,920 $26,920 $27,860 $27,860 $28,800 GANN limit review report 810 810 820 820 830
Single Audit* and related reports 4,900 4,900 5,080 5,080 5,260 State Controllers Report 2,200 2,200 2,300 2,300 2,400
Out of pocket expenses 750 750 800 800 850
Total $35,580 $35,580 $36,860 $36,860 $38,140
*=for the first major program, each additional major program $4,000. )
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Hourly Rates: For the fiscal year ended June 30,
Option years
Position 2023 2024 2025 2026 2027
Partner $ 290 $ 290 $ 295 $ 295 $ 300
Manager 190 190 195 195 200
Senior accountant 145 145 150 150 155
Staff accountant 110 110 115 115 120
Clerical 55 55 60 60 65
Anticipated distribution of hours by staff level:
Segment Partner Manager Senior Staff Total
Segment 1 4 10 24 40 78
Segment 2 7 16 38 51 112
Segment 3 9 14 42 13 70
Totals 20 40 104 104 268
Fee Adjustment for Scope Change:
The adjustment would be based on the estimated number of hours at the hourly rates that are listed above.
·~AICPA'
GAQC Member
. ~
ROGERS, ANDERSON. MALODV & SCOTT, LLP
CERHf'IED PUBLIC ,\CCOU!HANl'S. SINCE 1948
-24-
']
'] Attachment A
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GOVERNMENT CLIENTS SERVED
' CSMFO/
, GFOA Successor Housing
) Government Client Years Served Awards Agency Authority ' City of El Cajon 06/30/07 to 06/30/22 Yes Yes Yes
) City of Exeter 06/30/17 to 06/30/22
) City of Woodlake 06/30/17 to 06/30/22
Town of Yucca Valley 06/30/08 to 06/30/22 Yes Yes Yes
) City of La Verne 06/30/11 to 06/30/22 Yes Yes Yes
) City of San Jacinto 06/30/11 to 06/30/22 Yes Yes
) City of Twentynine Palms 06/30/11 to 06/30/22 Yes Yes Yes City of La Mesa 06/30/11 to 06/30/22 Yes Yes ) City of Menifee 06/30/14 to 06/30/22 Yes ) City of San Marcos 06/30/14 to 06/30/22 Yes Yes Yes
) City of Loma Linda 06/30/13 to 06/30/22 Yes Yes Yes
City of Sierra Madre 06/30/12 to 06/30/22 Yes Yes Yes ) City of Hawthorne 06/30/16 to 06/30/22 Yes Yes Yes ) City of West Covina 06/30/16 to 06/30/21 Yes Yes Yes
) City of Aliso Viejo 06/30/16 to 06/30/22 Yes No No
City of Claremont 06/30/16 to 06/30/22 Yes Yes Yes
) City of Thousand Oaks 06/30/18 to 06/30/22 Yes Yes Yes City of South Pasadena 06/30/18 to 06/30/22 Yes Yes
City of Rolling Hills Estates 06/30/19 to 06/30/22 Yes
City of Calabasas 06/30/20 to 06/30/22 Yes
City of San Bernardino 06/30/20 to 06/30/22 Yes
City of Ojai 06/30/20 to 06/30/22
City of Beaumont 06/30/20 to 06/30/22 Yes
City of Moreno Valley 06/30/20 to 06/30/22 Yes
) City of Lawndale 06/30/20 to 06/30/22
Town of Windsor 06/30/19 to 06/30/22
City of San Dimas 06/30/21 to 06/30/22
City of Imperial Beach 06/30/21 to 06/30/22
City of Brawley 06/30/22
City of Live Oak 06/30/22
) City of Perris 06/30/22 Yes Yes Yes
City of Coachella Agreed upon procedures
City of Canyon Lake Accounting support
City of Rolling Hills Accounting support
City of Yucaipa Accounting support
) City of Angels Camp Accounting support
) City of Grand Terrace Accounting support
Crestline Village Water District 04/30/96 to 04/30/22
) Crestline-Lake Arrowhead Water 06/30/98 to 06/30/22
) San Bernardino Valley Muni Water District 06/30/04 to 06/30/22 ) Elsinore Valley Municipal Water District 06/30/15 to 06/30/22 Yes Pine Cove Water District 06/30/10 to 06/30/22
ldyllwild Water District 06/30/11 to 06/30/22
) Big Bear Area Regional Wastewater 06/30/12 to 06/30/22 Yes ) Mojave Water Agency 06/30/19 to 06/30/22 Yes
Beaumont Cherry Valley Water District 12/31/17 to 12/31/21 Yes ) Rosamond Community Services District 06/30/15 to 06/30/22 ) Rossmoor Community Services District 06/30/05 to 06/30/22 -..)
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GOVERNMENT CLIENTS SERVED (continued)
CSMFO/
GFOA Successor Housing
Government Client Years Served Awards Agency Authority
Rim of the World Park & Rec. District 06/30/06 to 06/30/22 Heartlands Communications Fae Auth 06/30/07 to 06/30/22 Heartlands Fire Training Authority 06/30/07 to 06/30/22 Consolidated Fire Agencies 06/30/14 to 06/30/22
Successor Agency to the County of SB 06/30/14 to 06/30/22 Riverside County Habitat Con. Agency 06/30/15 to 06/30/22 Santa Ana Watershed Association 12/31/09 to 12/31/20
Capistrano Bay Community Services
District 06/30/13 to 06/30/22
Ventura County Public Fin Authority 06/30/12 to 06/30/22 Nipomo Community Services District 06/30/16 to 06/30/22 Yes SBIAA 06/30/17 to 06/30/21
WRCOG 06/30/17 to 06/30/21 Yes
San Diego Workforce Partnership 06/30/16 to 06/30/22
Rubidoux Community Services District 06/30/16 to 06/30/22 Conejo Recreation and Park District 06/30/19 to 06/30/22 Upper San Gabriel Valley MWD 06/30/19 to 06/30/22 Yes
March Joint Powers Authority 06/30/19 to 06/30/22
Chino Basin Desalter Authority 06/30/19 to 06/30/22 Yes Mountains Recreation and Conservation 06/30/19 to 06/30/22 Palos Verdes Peninsula Transit Authority 06/30/19 to 06/30/22 Yucca Valley Airport District 06/30/20 to . 06/30/21
West Basin Municipal Water District 06/30/20 to 06/30/22 Yes Crestline Sanitation District Accounting support
Running Springs Water District Accounting support
Phelan Pinon Hills Community Services
District Accounting support
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Attachment B
Agreement with Rogers, Anderson, Malady & Scott LLP
AGREEMENT FOR CONSULT ANT SERVICES
THIS AGREEMENT FOR CONSULTANT SERVICES ("Agreement") is made and effective as of the 27 of March, 2023 by and between the City of Carpinteria, a municipal corporation ("City"), and the Rogers, Anderson, Malody & Scott, LLP ("Consultant") (collectively, the "Parties") at Carpinteria, California, with reference to the following facts:
A. City has determined that it is necessary and appropriate to engage a non-design professional to carry out the services described herein; and
B. Consultant has represented itself as being fully qualified and available to perform the consultant services required or necessary under this Agreement in a fully competent, professional and timely manner; and
C. City desires to contract with Consultant and Consultant is willing to perform the consultant services, subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. SERVICES.
1.1 1.2
Basic Services. City hereby retains Consultant to perform the services described and set forth in the attached Exhibit A ("Basic Services"), which is incorporated by this reference as though set forth in full. Consultant hereby agrees to perform said services within the designated time frames and accepts this retention. Consultant shall complete the Basic Services according to a schedule of performance which is also set forth in Exhibit A. The Parties agree and acknowledge that time is of the essence in performance of this Agreement.
Additional Services. In addition to the Basic Services, City may elect to have Consultant perform additional services that are beyond the current scope of the Basic Services, but within the expertise of Consultant ("Additional Services"). Such Additional Services shall be mutually agreed to in advance and specified in a writing, which shall also specify the basis for the Consultant's fee for such additional services. Basic Services and Additional Services are referenced collectively as "Services."
2. PERFORMANCE.
2.1 Standard of Performance. Consultant shall faithfully, competently and diligently perform the obligations and responsibilities required by this Agreement, applying best management practices and the same standards of care utilized by persons commonly engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. Consultant shall not engage the assistance of 22199864.1
subcontractors for performance of the Services unless previously agreed to in writing by the City.
2.2 Labor and Materials. Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and services necessary for the successful completion of the Services. Consultant shall give its attention and supervision to the fulfillment of the provisions of this Agreement by its employees and subcontractors and shall be responsible for the timely performance of the Services required by this Agreement. Consultant is an independent contractor of City. Any and all employees of the Consultant engaged by the Consultant in the performance of any work or services required of the Consultant under this Agreement, shall be considered employees or agents of the Consultant only and not of the City, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Consultant. Consultant is solely responsible for the professional quality, accuracy and timely completion and/or submission of all work related to the Basic Services.
2.3 Review of Service. Consultant shall furnish City with reasonable opportunities from time to time to ascertain whether the Services of Consultant are being performed in accordance with this Agreement. All work done and materials furnished shall be subject to final review and approval by City; Consultant is not providing final approval or review, which is solely City's function and role. City review and approval of such work and Services shall not, however, relieve Consultant of any of its obligations under this Agreement.
2.4 Contract Administration. The City Manager or his/her designee shall represent the City in all matters relating to the administration of this Agreement. The City Manager or his/her designee shall have the authority to act on the City's behalf to review and approve all products submitted by Consultant and may execute all necessary documents to authorize Consultant to perform Additional Services as provided for herein. The City Manager or his/her designee shall have the authority to render decisions within guidelines established by the City Council and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. The following individual(s) will serve as the primary contact(s) for Consultant in the administration of this Agreement:
Gilbert Punsalan, Finance Manager
2.5 Representations and Warranties. Consultant represents and warrants to City that: (i) its fulfillment of its obligations and, as applicable, performance the Services under this Agreement, will not violate any applicable or breach any contracts with third parties and (ii) it has the right, power and authority to fulfill its obligations, and, as applicable perform the Services, and enter into this Agreement; (iii) the Services contemplated hereunder will be performed by adequately trained, competent personnel, in a professional manner, with such personnel having the requisite skill and expertise necessary to perform and complete the Services in accordance with industry standards and in accordance with the terms and conditions of this Agreement; and (iv) the Services and all deliverables provided hereunder will conform to the specifications agreed-to by the parties. 2 3. TERM. This Agreement shall be effective as of the date first above written and shall continue until all Services to be provided by Consultant are completed to the satisfaction of the City, unless terminated earlier as provided for herein.
4. COMPENSATION.
4.1 Basic Services. For Basic Services, City shall pay Consultant on a time and materials basis, not to exceed amount of $195,020 as full compensation for all labor, materials, equipment, tools, transportation, and Services. This compensation shall be paid in accordance with the payment rates and schedule as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based on the actual time spent on the tasks and the actual price of the necessary materials. In the event a term or condition in any document or attachment conflicts with a term or condition of this Agreement the term or condition in this Agreement shall control. Should such conflict arise the priority of documents shall be as follows: This Agreement, the City's Request For Proposal together with attachments, Consultant's proposal together with attachments.
4.2 Additional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to the Basic Services, unless such services are authorized Additional Services agreed to in advance and in writing in the method provided for herein. Consultant will submit fee estimates for such Additional Services upon request of City.
4.3 Invoices. Should City reasonably determine that Consultant has not fulfilled any services or met the time lines established in Exhibit A, City shall notify Consultant of the failure in writing of deficiencies believed to be substantially inadequate within thirty (30) days after receipt of product or performance of Services. The City, at its discretion may provide the Consultant five (5) days to cure the breach. City may withhold the accompanying payment without penalty until such time as Consultant cures the breach. In the alternative, upon Consultant's failure to meet any deadlines the City may modify the Services schedule.
Should Consultant or its representatives fail to cure the breach within five (5) days, or fail to reasonably agree to such modified schedule, City may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Consultant.
4.4 Withholding. City reserves the right to withhold future payment to Consultant if any aspect of the Consultant's work or performance of Services is found to be substantially inadequate. City shall notify Consultant in writing of deficiencies believed to be substantially inadequate within thirty (30) days after receipt of product or performance of Services.
4.5 Taxes/Insurance/Licenses. Consultant shall be solely responsible for the payment of any federal, state, or local income tax, social security tax, workers' compensation insurance, state disability insurance, and any other taxes or insurance which Consultant is responsible for paying as an independent contractor under federal, state or local law. At all times during the term of this Agreement, Consultant and any approved subcontractors performing Services under this Agreement shall have in full force and effect all licenses necessary for 3 the performance of Services hereunder, including without limitation, business licensing from City, all at the sole cost of Consultant.
5. RECORDS.
5.1 Financial Records. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of Services under this Agreement. Consultant shall also maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
5.2 Access to Records. Consultant shall (i) provide free access to the representatives of City or its designees at reasonable times to books and records as set forth in section 5 .1; (ii) shall give City the right to examine and audit said books and records; (iii) shall permit City to make transcripts therefrom as necessary; and (iv) shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of four (4) years after receipt of final payment.
5.3 Original Records. All original agreements, data, documents, designs, drawings, exhibits, maps, models, computer files, reports, studies, surveys, notes, and other work, materials or documents prepared or used to prepare Consultant's work product in the course of providing the Services pursuant to this Agreement shall be referred to as "Consultant Work Product". Upon completion of, or in the event.of termination or suspension of this Agreement, all completed and incomplete Consultant Work Product shall become the sole property of City once the Consultant has received payment. City may duplicate, disclose, disseminate, use, reuse or otherwise dispose of Consultant Work Product in whole or in part in any manner it deems appropriate, without the permission of Consultant. With respect to computer files, Consultant shall make available to the City, at Consultant's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
Consultant may retain copies of such Consultant Work Product as a part of its record of professional activity, except for Consultant Work Product marked as "DRAFT" or "CONFIDENTIAL".
6. TERMINATION.
6.1 6.2
Termination Without Cause. This Agreement may be terminated by either party for any reason upon ten (10) days prior written notice by the terminating party to the other party.
In the event of a termination, the date of termination shall be deemed to be the first business day occurring after the expiration of the notice period. Upon receipt of said notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.
Termination With Cause. Either party may terminate this Agreement with cause, effective immediately upon written notice of such termination to the other party and failure 4 of the breaching party to correct within five (5) days ofreceiving such notice, based upon the occurrence of any of the following events:
■ Material breach of this Agreement;
■ Cessation of Consultant to be licensed, as required by applicable law; ■ Failure to substantially comply with any applicable federal, state or local law or regulation;
■ Filing by or against Consultant of any petition under any law for the relief of debtors; and,
■ Filing of a criminal complaint against Consultant for any crime, other than minor traffic offenses.
6.3 Performance Upon Termination. In the event this Agreement is terminated pursuant to this Section, City shall pay Consultant for the outstanding balance owed for work performed up to the time of termination. Upon termination of the Agreement, Consultant shall submit an invoice to City as provided for herein and shall submit to the City all of its files for any billable or non-billable matters in which the Consultant is involved under the scope of this Agreement.
6.4 Termination Upon Mutual Consent. This agreement may also be terminated by mutual consent of the parties and in accordance with the terms and conditions of any plan of termination established by the parties. In the event of a termination by mutual consent, the date of termination shall be such date as is agreed upon by the parties. The parties may agree to suspend or terminate a portion of this Agreement and such suspension or termination shall not make void or invalidate the remainder of this Agreement.
7. DISPUTE RESOLUTION. Except as explicitly provided in Exhibit C relating to claims by Consultant, if any dispute, claim or disagreement shall arise relative to the interpretation or enforcement of this Agreement, the parties shall use commercially reasonable efforts to settle the dispute, claim or disagreement. To this end, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such a solution within a period of thirty (30) days, then, upon notice by either party to the other, the dispute, claim or disagreement shall be submitted to final, binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator shall have the authority to assess arbitration costs and expenses against either or both parties. The decision in the arbitration shall be binding on all parties, and judgment on any arbitration award may be entered in any court of competent jurisdiction.
8. INSURANCE. Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in the attached Exhibit D, which is incorporated by this reference as though set forth in full.
9. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any of its officials, directors employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs, charges, payments, claims or expenses, including attorney's fees and costs of defense, which arise out of, 5 are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement, including but not limited to any activities associated with carrying out the agreed to Services, by Consultant, its agents, employees, subcontractors, consultants, assigns or by any individual or entity for whom Consultant is legally liable.
10. RELEASE OF INFORMATION.
10.1 Confidentiality. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released except to the City, directly or indirectly, by Consultant without City's prior written authorization. Consultant, its officers, employees, subcontractors or sub-consultants shall not voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement unless requested by the City Attorney or authorized in writing by the City Manager. Response to a subpoena or court order shall not be considered "voluntary" provided that Consultant shall give City prompt written notice of any such court order or subpoena. The provisions of this Paragraph shall survive the termination of this Agreement.
10.2 Notice and Cooperation. Consultant shall promptly notify the City Manager and City Attorney in writing if Consultant, its officers, employees, agents, subcontractors or subconsultants are served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any person or party related to this Agreement and/or Consultant's related Services. City has no obligation to, but may exercise discretion to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide the City an opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not grant or imply a right of City to control, direct, dictate or rewrite said response.
11. RELATIONSHIP TO CITY.
11.1 Independent Contractor. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
11.2 No Employee Privileges. No City employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages or other compensation to Consultant for performing Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing Services hereunder.
6 11.3 Consultant Duty to City. Consultant understands and agrees that its responsibility to provide complete and accurate Services is owed solely to City and that its accountability under this contract shall likewise be solely to City and not to any City applicants or any other third person or entity.
11.4 Interest of Consultant. Consultant represents and warrants to City that it presently has no interests, and covenants that it shall not acquire any interests, direct or indirect, financial or otherwise, which would conflict with the performance of the services to be provided by Consultant under this Agreement. Consultant further covenants that, in the performance of this Agreement, no subcontractor or employee having such an interest shall be employed by Consultant. Consultant certifies that no one who has or will have any financial interest under this Agreement is: ( a) an officer or employee of City, or (b ). an officer or employee of the applicant and any of its consultants. Consultant agrees to comply with any applicable conflict of interest code.
11.5 Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement or financial inducement. No officer or employee of City will receive compensation, directly or indirectly, from Consultant or any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.
11.6 Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the City and the Consultant and will not confer any rights upon any person not expressly a party to this Agreement.
12. GENERAL PROVISIONS.
12.1 Assignment of Rights. Contractor agrees to assign City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act or under the Cartwright Act arising from purchases of goods, services, or materials pursuant to this Agreement.
12.2 Further Assurances. City and Consultant each agree to cooperate with one another, to use their best efforts, to act in good faith, and to promptly perform such acts and execute such documents or instruments as are reasonably necessary and proper to consummate the transactions contemplated by this Agreement.
12.3 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if personally served or on the second day after mailing if mailed by first-class mail, registered or certified, return receipt requested, postage prepaid and properly addressed as follows:
To City:
Dave Durflinger, City Manager
City of Carpinteria
To Consultant:
Terry Shea, CPA, Engagement Partner
Rogers, Anderson, Malody & Scott, LLP
7 5775 Carpinteria Avenue
Carpinteria, CA 93013-2698
P: (805) 684-5405
735 E Carnegie Drive, Suite 100
San Bernardino, CA 92408
P: (909) 889-0871
Any party may change their address for the purpose of this paragraph by giving the other party written notice of the new address in the above manner.
12.4 Legal Responsibilities. Consultant shall keep itself informed of state, federal and laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Service pursuant to this Agreement. The Consultant shall reasonably observe and comply with such laws and regulations. The City and its officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
12.5 Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses, certifications, or related credentials required by law for the performance of Services described in this Agreement. Consultant represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation.
12.6 Labor Conditions. City is a public entity in the state of California, and therefore, City and Consultant are subject to the provisions of the Government Code and the Labor Code of the state of California. All provisions of law applicable to public contracts and/or this Agreement are incorporated herein by this reference and are made a part of this Agreement to the same extent as if they were fully stated in the Agreement and shall be complied with by Consultant.
12.7 Labor Requirements. Consultant shall abide by all federal and California laws and regulations regarding wages, including, without limitation, the Fair Labor Standards Act and the California Labor Code, which, in part, mandate that 8 hours' labor constitutes a legal days' work, and require Consultant to pay the general prevailing wage rates. The California statutory provisions for penalties for failure to pay prevailing wages will be enforced and the statutory provisions for penalties for failure to comply with California's wage and hour laws will be enforced. In addition, Consultant is required to comply with the statutory requirements relating to employment of apprentices. Consultant also must secure the payment of workers' compensation to its employees as provided by California law. Consultant acknowledges its obligation to secure payment of Workers' Compensation before beginning work as set forth in the attached Exhibit E (together, "Acknowledgement of Workers' Compensation Obligation" and "Declaration of Exemption from Workers' Compensation") which is incorporated by this reference as though set forth in full.
Additionally, Consultant is required to comply with all statutory requirements relating to certified payroll records, including the maintenance of the records, their certification, and their availability for inspection.
12.8 Discrimination. No person shall be excluded from employment in the performance of this Agreement on the grounds of race, creed, color, sex, age, marital status, sexual orientation 8 or place of national origin. Consultant shall comply with all local, state, and federal laws relating to equal employment opportunity rights.
12.9 Assignment. Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of City, which shall have the sole discretion to consent to any proposed assignment. Because of the personal nature of the Services to be rendered pursuant to this Agreement, only Consultant shall perform the services described in this Agreement.
12.10 Waiver. No waiver of a provision of this Agreement shall constitute a waiver of any other provision, whether or not similar. No waiver shall constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
12.11 Force Maieure. Neither Consultant nor City shall be liable for any delays resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority.
12.12 Construction of Terms. All parts of this Agreement shall in all cases be construed according to their plain meaning and shall not be construed in favor or against either of the parties. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, in whole or in part, the remainder of this Agreement shall remain in full force and effect and shall not be affected, impaired or invalidated thereby. In the event of any provision shall be adjudged invalid, void or unenforceable, the parties hereto agree to enter into a supplemental agreement to effectuate the intent of the parties and the purposes of this Agreement.
12.13 Controlling Law. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement, with venue proper only in the County of Santa Barbara, State of California.
12.14 Authorization. All officers and individuals executing this and other documents on behalf of the respective parties hereby certify and warrant that they have the capacity and have been duly authorized to execute said documents on behalf of the entities indicated.
12.15 Entire Agreement. This Agreement, along with its attached exhibits, which are incorporated herein by this reference, constitutes the entire Agreement between the parties and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. This Agreement may be altered, amended or modified only by a supplemental writing executed by the parties to this Agreement and by no other means.
Each party waives any future right to claim, contest, or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreement, course of conduct, waiver or estoppel.
12.16 Counterparts. This Agreement may be executed in counterparts, each of which shall remain in full force and effect as to each party.
9 12.17 Severability. In the event that any term or provision of this Agreement shall be held to be invalid, void or unenforceable, then the remainder of this Agreement shall not be affected, impaired or invalidated, and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, the parties have executed this Agreement at the place and as of the date first written above.
"CITY"
City of Carpinteria
"CONSULTANT"
Rogers, Anderson, Malody & Scott, LLP
By: _
David Durflinger, City Manager
APPROVED AS TO FORM:
City of Carpinteria
By: _
Jena Shoaf Acos, on behalf of
Brownstein Hyatt Farber Schreck, LLP
Acting as City Attorney of the City of Carpinteria
ATTEST:
City of Carpinteria
By: _
Brian C. Barrett, CMC, CPMC, City Clerk
10 EXHIBIT A
BASIC SERVICES TO BE PERFORME D
11 CITY OF CARPINTERIA
PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
Specific audit approach
Services to be provided
The City desires an Annual Comprehensive Financial Report (ACFR) to be prepared and audited by the independent auditor for the fiscal year ended June 30, 2023, and each of the subsequent years included in the audit firm's contract with the City. The City will submit the ACFR to the Government Finance Officers' Association (GFOA) for the Certificate of Achievement for Excellence in Financial Reporting Program.
In addition, we shall:
• Prepare the ACFR.
• Apply certain limited procedures related to Management's Discussion and Analysis and Required Supplementary Information and provide an "in-relation-to" report on the combining and individual fund financial statements and supporting schedules, if applicable. • Provide opinions as to the compliance with the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (0MB Uniform Guidance). RAMS is to provide an "inrelation-to" report on the Schedule of Expenditures of Federal Awards based on the auditing procedures applied during the audit of the financial statements. • Test compliance with Article XIIIB pertaining to the City's appropriation limit and prepare an AgreedUpon Procedures report to the City Council regarding compliance. • Prepare the Annual Financial Transaction Report (currently we utilize a sub-contractor for this). • We will provide up to 20 hours of technical assistance during the year. • We will provide the Pension & OPES journal entries and footnote disclosures each year. • We will keep City staff informed of new guidance and developments that may affect municipal accounting and finance.
• We will hold meetings prior to the commencement of fieldwork at the beginning of the audit and after the first draft of financial statements has been prepared. The engagement partner will attend the meetings. . ·
• We will be available to the City Council or management to answer questions related to the audit. • If an extended scope is determined, we shall provide the City with all ascertainable facts with an estimate of additional services required and the proposed price.
Our audit(s) will be in accordance with:
• Generally Accepted Auditing Standards as promulgated by the American Institute of Certified Public Accountants, including requirements found in the most recent AICPA audit guide Audits of State and Local Governments.
• Government Auditing Standards issued by the Comptroller of the United States of America. • Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (0MB Uniform Guidance). (Single Audit)
• Any other applicable standards for other items outlined in the Scope of Work to be performed and/or reports to be issued.
Reports to be issued:
• A report on the fair presentation of the financial statements in conformity with GAAP. • A report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with Government Auditing Standards (material weaknesses or significant deficiencies).
• A report in compliance with requirements applicable to each major federal program and internal control over compliance in accordance with the Uniform Guidance. • Prepare Management Letter that includes significant and less significant (i.e., reportable and nonreportable) recommendations for improvements to internal control. • We will issue reports to those charged with governance (SAS 114 letters) as required by auditing standards.
@AICP.A:
GAQCMember -15- ■
ROGER!., ANDER$0"1, M.t.LOD'f A ~con, Ll,.P
t.t,,tif,1bh.rt<..a.<.'t'Clt.',tM1U. ~,,:.tt~•t
CI1Y OF CARPINTERIA
PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
RAMS will also perform the following:
• Make an immediate, written notification of all irregularities and illegal acts or indication of illegal acts of which we become aware to the following: City Manager, Finance Director and City Attorney. • Retain all working papers (at our expense) for a minimum of seven (7) years, unless we are notified by the City of the need to extend that period. In addition, we will make working papers available to the City and/or any government agency as appropriate, in addition to successor auditors.
Specific audit approach
Engagement approach
Our engagement approach for your audit will be developed, in part, by using established goals which will enable measurement of the audits progress by the engagement partner and lead auditor. This involves frequent communication between the partner and the engagement team to ensure that all audit objectives are achieved in accordance with our goals and that any issues which may arise are communicated and dealt with on a timely basis. In addition, our in-depth knowledge and expertise in governmental accounting and auditing has allowed us to identify key audit and accounting risks in the government environment. More importantly, the approach provides for a complete reassessment of the control environment in each year's audit and thus enables us to respond to any needed risk assessment changes.
Our engagement approach has been developed and refined over many years. The foundation of our approach revolves around the following:
• Knowledge and experience. We have been auditing governmental entities like the City, both large and small, for over 74 years. This experience has allowed us to gain in-depth knowledge of the governmental environment which in turn allows us to perform a more efficient and effective audit. It also enables us to perform detailed risk assessment procedures allowing us to identify significant audit risk areas within the City and its control envir.onment. ·
• Intelligent design. As discussed later in our proposal, all our audits are designed to be intelligent using our powerful audit software/data analytic tools (Engagement and Teammate Analytics). This allows us to analyze large amounts of data in seconds increasing both the efficiency and, more importantly, the effectiveness of all our audit engagements.
• Oversight. Professional judgment is not developed overnight. Our partners, managers and supervisors have been deeply involved in governmental audits on a continuous basis for most of their professional careers. By having direct partner and manager oversight, we can design audit strategies that result in effective and efficient audits.
• Timeliness. Deadlines are not just "dates" to us, they are professional commitments. All required deadlines will be met.
• Open communication. Open lines of communication with all parties (the engagement team members and City Management and staff) throughout the audit process helps to eliminate "surprises." Proper planning and proper use of experienced engagement personnel tend to provide for an effective and efficient audit process. Consequently, inefficiencies, disruptions, and lack of understanding are kept to a minimum.
• Availability. All engagement team members are available throughout the year for any questions or additional consultation. City staff will have direct access to the partner, manager, and other supervisory staff at all times during the engagement, as well as after. • Cost effectiveness. Our customized audit approach and procedures and our experienced auditors help to reduce your overall audit costs while still providing an effective audit and high-quality reports. @AICPA
GAQCMember -16- ■
RO(U!IU, ANOUSON, MALOOV 4 SCOTT, LU'
Cl:IHll'liO PUBLIC ,1,CCOUNTA"lrs ~INC~ t9<:s
' \
CITY OF CARPINTERIA
PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
Specific audit approach (continued)
• Risk based approach. Our detailed risk assessment procedures will consist of activities performed to obtain an understanding of the City and its environment, including its internal control. Evidence from these activities will provide the basis for our assessment of risks of material misstatement at the financial statement and relevant assertion levels. While performing our risk assessment procedures and we may choose to perform further audit procedures concurrently with risk assessment procedures as deemed necessary. In addition, risk assessment procedures will provide some of the necessary evidence about the relevant assertions related to classes of transactions, account balances, or disclosures and about the operating effectiveness of controls.
As indicated in the previous section of the proposal, the overall objective of the engagement with the City is to conduct an audit of the financial statements in accordance with required auditing standards and the expression of an opinion(s) on those financial statements. Beyond that initial objective, we believe that our engagement approach provides certain other value-added characteristics, at no additional cost, that will benefit the City over the long-term:
• All our audits are designed to be performed in an efficient and effective way to minimize disruption to the office operations.
• We offer practical observations and recommendations relating to internal control issues, implementation of accounting standards and the policies and procedures regarding both. • We identify opportunities for operating efficiencies which can be used to decrease operating costs of the City.
Audit approach and proposed audit segmentation
The following is a summary of the audit team's audit approach for the engagement. The audit will be divided into the following segments:
Segment 1 - Interim testing - planning, pre-audit administration, and internal control testing During this phase of the audit, our principal objectives will be to gather information about the City and its environment, including its internal control over financial reporting.
In order to achieve the desired objectives of this phase of the audit, we will:
• Meet with the City's staff in order to determine convenient dates in which we can begin our audit and to discuss the assistance to be provided by the City's staff. • Hold brainstorming sessions with engagement team members to discuss the susceptibility of the City's financial statements to material misstatement and fraud. • Review and evaluate the City's accounting and reporting processes by reviewing the prior year's audit workpapers, any City-prepared documents such as budgets, in-house financial reports, policies and procedures manuals, minutes of governance meetings, etc., and by using various analytical procedures. Analytical procedures will enhance our understanding of the City and will help us identify areas that may need further assessment and additional testing. • Review and retain copies of any pertinent local, state and federal statutes, regulations, or charters that apply to the City.
@AICPA
GAQCMember -17- ■
ROGER.Ii. ANOERSOM, H,._LODY a SCOH, LLP
CEIHlf:u!OPUBLIC,\CCOUNTANTS S1NCE 1940
CITY OF CARPINTERIA
PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
Specific audit approach (continued)
• Evaluate the design of controls that are relevant to the audit by obtaining a thorough understanding of the City's internal controls over financial reporting and compliance by documenting key internal control components, utilizing questionnaires, walkthroughs, inquiring of the City's personnel, and observing and reviewing key supporting documentation (a more thorough explanation of this process is discussed later in the technical proposal).
• Test controls, if control risk is to be assessed below maximum, by selecting a sample of transactions within the audit area being tested and reviewing supporting documentation to determine whether the relevant controls are in place and functioning properly. • Document and review with management, any findings noted during the testing of internal controls and provide a preliminary management letter that will include our recommendations for improving any weaknesses in operations. The letter will also include suggestions for improving the efficiency of the City's operations.
• Utilize our powerful audit data analytic software allowing us to analyze large amounts of data in seconds and focusing on areas/transactions that are red flagged.
In addition, we will perform the following procedures related to IT General Controls that "touch" financial data:
• Security access (including physical) controls: Evaluate the general system security settings and password parameters; evaluate the process for adding, deleting, and changing security access; evaluate the access capabilities of various types of users; evaluate access controls to networks and financial applications; evaluate access controls related to data files; and evaluate physical access to networks, servers, etc.
• Computer operations: Evaluate backup and recovery processes and review processes of identifying and handling operational problems.
• System development and system changes: Evaluate processes related to system development and system changes (if applicable).
• Application testing: We will determine if the testing of application controls is deemed necessary based on our professional judgment in the planning stages of the engagement.
This phase of the engagement for the audit will be performed by the audit senior and two/three staff accountants with direct supervision by the audit manager and partner.
Segment 2 - Year-end testing - substantive testing
During this phase of the audit, our principal objectives will be to assess the risk of material misstatement at the financial statement level and specific assertions, design overall responses to assessed risks and further audit procedures, perform substantive tests, and complete the audit and evaluate audit findings, if applicable.
In order to achieve the desired objectives of this phase of the audit, we will:
• Identify significant risks and develop a detailed audit plan using the results in Segment 1. • Design substantive tests of account balances designed and modified specifically for the City's operations and assessed level of risk. Substantive procedures will consist of testing material balance sheet accounts, material revenue and expenditure/expense accounts along with various analytical procedures as deemed necessary. In addition, various accounts may be confirmed with outside parties (cash, investments, etc.).
"AICPA'
GAQCMember -18- ■
JIOO!RI. J.ND!AIION, MAlODV I ,con, 1.1.P
1':l:R111"1EO PVRLIC ,\C(OUNTAIIHS SINCE 19JB
CITY OF CARPINTERIA
PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
Specific audit approach (continued}
• Determine whether our testing supports the assessed level of risk initially assigned at the financial statement level and at the assertion level.
This phase of the engagement for the audit will be performed by the audit senior and two/three staff accountants with direct supervision by the audit manager and partner.
If any proposed audit adjustments are noted during this phase, we will discuss and explain them, in detail, with the appropriate level of management prior to posting.
Segment 3 - Reporting - report preparation/audit conclusion (workpaper review) During this phase of the audit, our principal objectives will be to evaluate whether the financial statements, taken as a whole, are free from material misstatement and form an opinion(s) and issue our report.
In order to achieve the desired objectives of this phase of the audit, we will:
• Determine whether, based on our substantive testing and other procedures, the financial statements, taken as a whole, are free of material misstatement. This will provide the basis for our opinion(s). • Review all audit workpapers to ensure that the audit was performed in accordance with the required standards (GMS, GAGAS, etc.) and prepare drafts of all required reports by the agreed-upon dates. • Conduct an independent review of the financial statement draft by the engagement's quality control partner and issue all reports by the agreed-upon dates.
This phase of the engagement will be performed by the audit manager and one staff accountant with direct supervision by the audit partner. In addition, the engagement's quality control partner will perform a detailed quality control review of the financial statements.
The above procedures are a general list of procedures to be performed. After our initial review of the City and our detailed risk assessment, we will customize the engagement and gear it towards the needs of the City and the audit itself. In doing so, we will determine which procedures to perform relative to our risk assessment.
All our audits are customized to each entity, helping to ensure a complete, effective, and efficient audit. The foundation of the above approach is based on open communication coupled with a strong knowledge of the City's operations and detailed planning at the initial stages of the audit.
Our firm is dedicated to performing a timely audit engagement. Prior to the start of the audit, we will meet with City staff and decide on adequate timeframes, agreed upon by both the City and us, for the performance of the audit and the release of the financial statements. We will dedicate the necessary resources to meet any agreed upon time frames.
Level of staff and approximate number of hours assigned to each segment Segment
Segment 1
Segment 2
Segment 3
Totals
Partner Manager Senior Total
4 10 26 40 80
7 16 42 51 116
9 14 36 13 72
20 40 104 104 268
@AICPA' ■
ROGliAS, "-NDEASON, MALOOV 6 SCOTT, LLI>
Cl:'.ltlll'IED PUBLIC ACCOUtH<\NTS SINCI: l!J.IU
GAQCMember -19-
CITY OF CARPINTERIA
PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
Specific audit approach (continued)
Sample sizes (including for compliance testing)
Our sample sizes will be determined in accordance with the AICPA's Audit and Accounting Guide, Audit Sampling, and will be selected using professional judgment or our TeamMate Analytics software, depending upon circumstance, as permitted by Statement on Auditing Standards. Our methods are designed to provide the most audit coverage without expending excess time. Our sample sizes will depend upon our preliminary assessment of control risk, our planned substantive testing and analytical procedures as well as our professional judgement.
We utilize our Computer Aided Audit Tools (CM T) software, Teammate Analytics, to draw our audit samples.
The software allows us to generate random samples, systematic samples, stratified samples, attributes samples as well as monetary unit samples (also called probability-proportional-to-size or dollar unit sampling).
Intelligent audit technology
Our audits are designed to be intelligent using our powerful audit software tools (Engagement and Teammate Analytics). In addition, all audit team members are linked to each other using wireless connections which enables them to share information at an almost real-time speed. Below are some of the benefits of our audit technologies:
• We utilize Teammate Analytics, a suite of more than 200 dynamic Computer Aided Audit Tools (CAA Ts). This allows us to analyze large amounts of data in seconds. Using data received directly from the City, we can perform the following: search for duplicate checks, detect transactions occurring on holidays/weekends or during unusual hours, perform Benford's Law analysis, and identify instances when a vendor has issued multiple invoices with sequential references along with many other tests. The software empowers our audit teams with the ability to perform powerful, meaningful data analysis which will build upon our other value-added services.
• We can create our own analytical schedules allowing for easy analysis of current balances to prior year balance, current vs budget balance, thus reducing significant City staff time. • Once your trial balances and financial statements are entered into our software, we can observe your financial statements in the field allowing us to notice any variances and address them immediately. • We link the financial statement schedules directly to our audit software trial balances, and as a result, we can provide the City with fund financial statements almost immediately after importing the trial balances.
• We can provide the City with our audited trial balances which show the coding of the financial statement schedules for ease of review for City staff. These reports show each account coded to a specific financial statement line item/function as well as journal entries posted during the audit. • We have the capability to perform effective and efficient audits remotely as well.
Analytical procedures
In order to properly utilize analytical procedures, industry background and knowledge are needed. With our firm's long history and qualified staff, we believe we have the necessary knowledge and experience to effectively apply analytical procedures. We will utilize analytical review procedures throughout our audit of the City.
• During the interim phase of our audit, we will compare current and prior year unadjusted balances to determine which areas may need additional analysis; we will also compare current year actual amounts to the City's annual budget (both original and adopted). ·~ AICPA:
GAQCMember -20- ■
ROOIRI, ANDIRION, MALOOV 6 SCOTT, LLP
CfRTlflEC PUBLIC ACCOUNTANTS SINCf l!i40
CITY OF CARPINTERIA
PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
Specific audit approach (continued)
• During the final phase of our audit, we will perform procedures like those mentioned above, as well as compare certain financial ratios for current and prior years. We will also conduct certain "reasonableness" tests. Any significant variances are investigated further through inquiry and other substantive testing as deemed necessary until resolved to our satisfaction. • Finally, after we have completed our fieldwork, we will compare current and prior year audited balances, keeping in mind expected relationships obtained from our knowledge of the City, similar entities and the general economic environment. In addition, we may choose to use various other analytical techniques such as trend analysis, etc.
Unlike other audit firms, we use analytical procedures to supplement our substantive testing, not supplant them.
Understanding of internal control over financial reporting Our approach to obtaining an understanding of the City's internal control over financial reporting will be performed in accordance with professional standards as promulgated by the American Institute of Certified Public Accountants -- our understanding will include the Control Environment, Risk Assessment, Control Activities, Information and Communication, and Monitoring. We will use customized procedures which we have developed internally to evaluate your internal control systems. By combining our customized procedures and our detailed knowledge of the City and its environment, we will be able to provide constructive feedback in areas we feel need improvement. In addition to our customized procedures, we will also perform the following:
Control Environment. Through inquiry of the City's personnel, prompted by questionnaires, personal knowledge, and review of the minutes of the governing body meetings, we will obtain an understanding of management's and the governing body's attitudes, awareness, and actions concerning the control environment, focusing on the substance of the controls rather than their form.
Risk Assessment. Through inquiry of the City's personnel and the use of questionnaires, we will obtain sufficient knowledge of the City's risk assessment process to understand how management considers risks relevant to financial reporting objectives and decides upon actions to address those risks. This will include understanding how management identifies risks, estimates the significance of these risks, assesses the likelihood of their occurrence, and relates them to financial reporting.
Control Activities. Certain control procedures will be documented during our analysis of the control environment and the accounting system. However, many specific control procedures will still need to be documented that will focus primarily on the City's major transaction cycles. As mentioned above, we will test the City's control procedures on which we intend to rely on for safeguarding assets from unauthorized use or disposition and detecting/preventing unauthorized transactions. Any flow charts, organizational charts and any other manuals, programs, and financial and management information systems will be analyzed during this process.
Information and Communication. Through inquiry of the City's personnel, we will identify the major types of transactions engaged in by the City. We will become familiar with the treatment of those transactions, including how the transactions are initiated, the related accounting records, and the manner of processing the transactions. Finally, we will obtain an understanding of the City's financial reporting process used to prepare financial reports, including the approaches used in making accounting estimates and disclosures.
Monitoring. Through inquiry of the City's personnel and the use of questionnaires, we will obtain sufficient knowledge of the major types of activities the City uses to monitor internal control over financial reporting. We will also determine how those activities are used to initiate corrective actions. ·~AICPA
GAQCMember -21- ■
AOG£AS, ANDERSON, HALODY & SCOTT, LLP
CEIIT11'15:D PUBLIC 1'CCOUflTANTS SINCI! 1•ua
CIIY OF CARPINTERIA
PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
Specific audit approach (continued)
Approach in determining applicable laws and regulations We understand the importance of laws and regulations in planning an audit of a local governmental entity and design all our audits to ensure we test transactions for compliance. As part of our audit process, our audit team will obtain an understanding of the laws and regulations that will have a direct and material effect on the City's financial statements. In determining which laws and regulations are applicable to the City's financial statement audit, we will consult the following sources:
• AICPA Audit and Accounting Guide, Audits of State and Local Governments • California Government Code (investments, GANN limit requirements, etc.) ■ Applicable State of California laws
• U.S. Government Accountability Office's Government Auditing Standards (The Yellow Book), latest revision
■ Applicable contracts/grants of the City
• Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (0MB Uniform Guidance)
After consulting the applicable sources, we will design our audit to provide reasonable assurance of detecting material instances of noncompliance while continuing to refer to the applicable compliance guideline to ensure changes in compliance are not missed.
Effect of COVID-19 on our audits
The COVID-19 pandemic led to most of our audits being performed remotely in 2022. We were highly flexible with our clients and were able to perform almost all our audits remotely unless the clients requested a limited staff presence on-site. No matter how the pandemic continues to develop in California, we are prepared and able to continue serving our clients remotely, and even on-site with the appropriate precautions.
Auditing in a remote environment
The availability and use of technology has had a significant impact on the accounting and auditing profession, allowing us to provide professional services across longer distances and more timely than ever before. We have continued to evolve our ability to serve our clients remotely throughout the COVID-19 pandemic and have experienced new efficiencies for both auditor and auditee. We anticipate continuing to perform substantially all our audit work remotely and will work with the City to maximize the remote efficiencies using technology. If the City would like members of the audit team on-site, we will work with City management on determining an acceptable staffing level.
We maintain regular and routine contact with our clients throughout the audit planning, fieldwork, and conclusion phases of the audit with the use of email, phone calls, secure portals, video conferencing, project tracking schedules, and any other means necessary to ensure the timely completion of the audit by any agreed-upon deadlines. Our audit team is very responsive to our clients and we encourage our clients to connect with us throughout the year for any matters that may affect the audit or of a general accounting nature.
We have found this to be mutually beneficial for both our clients and the annual audit work.
Remote auditing has many benefits some tangible, as listed above, others Intangible. In performing remote audits, we are bettering our employee's quality of life by reducing unnecessary travel time, reducing traffic congestion on our local freeways while also helping to improve Southern California's air quality.
@AICPA
GAQCMember -22- ■
AOG!A5, ANDUION, MALODV I SCOTT, &.Lllo
CE/tTIFl!!O PU8llC 4CCOUNTANfS Sl~IC(i 1048
CITY OF CARPINTERIA
PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
Specific audit approach (continued)
Proposed audit timing
Audit planning
• Auditor
transition:
Meet with
prior auditor
to review
workpapers.
Entrance
conference
to meet with •
management
for pre-audit
planning. •
Preliminary
risk
Segment 1 -
Planning/internal
control
Segment 2 -
Substantive
testing/analysis
Segment 3 -
Report
preparation/work
a er review
• Ma /June November
•
assessment
procedures. •
•
•
•
•
Obtain an understanding of •
systems, internal controls,
and current-year issues.
Assess and evaluate design
and implementation of key •
internal controls (including
IT related).
Perform tests of internal •
controls as needed.
Identify control deficiencies
Perform detailed risk
assessment procedures.
Draft internal control
comment letter.
Develop detailed audit plan
- provide management with
a detailed listing of items
needed to perform the audit,
including the timing of when
items are needed.
Perform substantive audit
fieldwork, including
substantive analytical
procedures.
Consider whether audit
evidence is sufficient to
form an opinion.
Conduct exit conference
with management to
discuss proposed entries,
internal control issues, etc.
• Determine whether, based
on our substantive testing
and other procedures, the
financial statements, taken
as a whole, are free of
material misstatement.
• Review all workpapers.
• Evaluate financial
statements and note
disclosures .
• Perform final analytical
procedures.
• Draft required reports.
• Issue final required reports
by or before agreed upon
date.
• Present to governing body
as needed.
"AICPA
GAQCMember -23- ■
ROGERS, ANOEASCN, MAI.COY & $C0Tf, \.LP
CUl/l'l(Of'UUl PC'. "C:1:(•1••,r,1.•,1s l",'!:C: IJ.J ..
EXHIBITB
PAYMENT RATES AND SCHEDULE
12 CITY OF CARPINTERIA
PROPOSAL FOR PROFESSIONAL AUDITING SERVICES
Audit Fees
Not to exceed price for proposed services schedule
In accordance with the Request for Proposal for Audit Services issued by the City of Carpinteria, the Rogers, Anderson, Malady & Scott, LLP hereby submits the following cost proposal:
For the fiscal year ended June 30,
Option years
Basic reports to be issued 2023 2024 2025 2026 2027
City audit and related reports $26,920 $26,920 $27,860 $27,860 $28,800 GANN limit review report 810 810 820 820 830
Single Audit* and related reports 4,900 4,900 5,080 5,080 5,260 State Controllers Report 2,200 2,200 2,300 2,300 2,400
Out of pocket expenses 750 750 800 800 850
Total $35,580 $35,580 $36,860 $36,860 $38,140
•=for the first major program, each additional major program $4,000.
Hourly Rates: For the fiscal year ended June 30,
Option years
Position 2023 2024 2025 2026 2027
Partner $ 290 $ 290 $ 295 $ 295 $ 300
Manager 190 190 195 195 200
Senior accountant 145 145 150 150 155
Staff accountant 110 110 115 115 120
Clerical 55 55 60 60 65
Anticipated distribution of hours by staff level:
Segment Partner Manager Senior Staff Total
Segment 1 4 10 24 40 78
Segment 2 7 16 38 51 112
Segment 3 9 14 42 13 70
Totals 20 40 104 104 268
Fee Adjustment for Scope Change:
The adjustment would be based on the estimated number of hours at the hourly rates that are listed above.
~AICP-6:
GAQCMembar -24- ■
ROGERS, ANOt:RSON, MALODY & $1;01T, LLP
CE~llt=lEO PI.JIILIC ,\CCOUNTANJS SINCE 19-10
EXHIBIT C
RESOLUTION OF CONSTRUCTION CLAIMS
The following pertains to Public Contract Code Sections 20104 through 20104.6 (Resolution of Construction Claims)
1. This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency.
2. This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7 .1 ( commencing with Section 10240) of Chapter 1 of Part 2.
3. "Public work" means "public works contract" as defined in Section 1101 but does not include any work or improvement contracted for by the state or the Regents of the University of California.
4. "Claim" means a separate demand by the contractor for (a) a time extension, (b) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (c) an amount the payment of which is disputed by the local agency.
5. The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article.
6. This article applies only to contracts entered into on or after January 1, 1991.
7. For any claim subject to this Agreement, the following requirements apply:
a. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. b. (1) For claims of less than fifty thousand dollars ($50,000), the City shall respond in writing to any written claim within 45 days ofreceipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant. 13 (3) The City's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
c. (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the City shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant. (3) The City's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional· information or requested documentation, whichever is greater. d. If the claimant disputes the City's written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within 15 days ofreceipt of the City's response or within 15 days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. e. Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 ( commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.
f. This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 ( commencing with Section 900) and Chapter 2 ( commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
The following procedures are established for all civil actions filed to resolve claims subject to this article:
8. Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both 14 parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
9. (a) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2. 5 ( commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(b) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.
(c) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
10. The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.
11. The City shall not fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.
12. In any suit filed under Section 20104.4, the City shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.
13. Pursuant to California Public Contract Code Section 7201, the City may not retain greater than five (5%) percent of contract price.
15 EXIDBITD
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol I (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.
When applicable, Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. 16 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state a/California and with anA.M Bests rating of A- or better and a minimum financial size VII General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, volunteers and agents, using standard ISO endorsement No. CG 2010-0413. Consultant also agrees to require all contractors and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate so-called ''third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage ( e.g., elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 (thirty) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate.
17 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change.
If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.
Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements.
There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
22. The City's failure to comply with reporting requirements should not affect coverage required under the Agreement.
23. The consultant's insurance is primary to that of any insurance claimed by the City.
Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. ·
19 EXIIl BITE
WORKE RS' COMPENSATION REQUIRE ME NTS
The Consultant is required to sign and file either a statement acknowledgi.ng its obligation to secure payment of Workers' Compensation before beginning work, or a declaration confirming that as a sole proprietor consultant is exempt from Workers' Compensation Requirements.
ACKNOWLEDGEMENT OF WORKERS' COMPENSATION OBLIGATION
I, Rogers, Anderson, Malody & Scott, LLP, hereby acknowledge my obligation to secure payment of Workers' Compensation before beginning work.
. Rogers, Anderson, Malody & Scott, LLP
By ~Li,
Terry Sh;; C~ Engagement Partner
Datcd:_~J~-_/_'I_-_.;?_~----
20 City of Carpinteria
COUNCIL AGENDA STAFF REPORT
March 27, 2023
ITEM FOR COUNCIL CONSIDERATION
Authorize a construction contract for the Project known as the interim trail from Linden Avenue to Holly Avenue (399 Linden Avenue).
STAFF RECOMMENDATION
Authorize the City Manager to execute the attached Proposal in an amount not to exceed $33,800.00 for Bob's Backhoe & Trucking to complete the trail from Linden to Holly Avenues.
Sample Motion: I move to authorize the City Manager to execute the construction contract in an amount not to exceed $33,800.00 for Bob's Backhoe & Trucking.
BACKGROUND
A multiuse trail is proposed from Linden Avenue to Holly Avenue on APN 004-105-026 and 028. These parcels parallels the rail road tracks on the ocean side (south) and connect Holly Avenue to Linden Avenue. The existing conditions are a relatively flat vacant lot with mostly annual weeds and other non-native plants. The trail should help to reduce pedestrian and bicycle traffic on Dorrance Way and improve traffic safety in the beach area.
This trail is a part of the 2023 approved work plan.
The project received its Development Permit /Coastal Development Permit in July of 2022.
DISCUSSION
The trail is to be constructed with approximately 150 tons of decomposed granite placed as shown on the trail exhibit included. No header boards for the trail will be installed.
No new landscaping or irrigation is included in this project. The trail will be 1 0' wide.
The trail entrance points will be larger as a design feature.
Wayfinding and regulatory signage will be installed. A dog bag dispenser will be installed at The Linden Avenue end.
G:\MATT\PARK-REC\trails\Linden to Holly Trail\Staff Report Linden to Holly Trail.docx Page 1 Linden To Holly Trail
March 27, 2023
Page #2
The City solicited proposals from two vendor s and received a proposal for services from Bob's Backhoe & Trucking. The amount of $33,800 dollars exceeds the City Manager's signing authority and requires City Council Approval.
The trail is considered an interim improvement. This is because the Surfliner Inn project, should it be approved, includes the installation of a permanent trail and parking lot at the same location. The permanent trail has more features such as header boards, landscaping and possibly trail side solar lighting similar to the Palm to Linden Trail.
Should the Surfliner Inn not move forw ard, the City would have the option to upgrade the interim trail to a higher level project. Much of the trail materials such as ,J",.."~--~-,J -.--..-,;"-- --- k-, .--, •--...J ;_., _;,1.1,...,_.,. ---- -- ..J--: ... -..J ~---···t"'---- ::,•-•1•1.- ...,_,. -- •-\.AW_,..,. Ill ,._,,L11,._,, '"'"",.;,- """'"' """""...;,11vu.
POLICY CONSIDERATIONS
Installation of trail features that improve the safety conditions in the vicinity of the railroad and provide coastal access are important.
The Carpinteria General plan contains many references to providing recreational trails throughout the city.
• C-6c. Encourage development of available railroad rights-of -way for alternative transportation, bicycle, recreation, trail, parking related, and other appropriate uses.
• CD-Sb. To provide convenient pedestrian routes, the existing network of automobile lanes, trails and pedestrian ways in the Downtown District and adjacent neighborhoods should be preserved, reinforced and extended into other neighborhoods. This pedestrian network should be in addition to, not in lieu of, pedestrian ways on the streets.
• OSC-1 Sa. The City's trail system shall be maintained and expanded upon based upon Figure C-3, the Trails Map, and, if approved by the Coastal Commission in an amendment to its Local Coastal Plan, the Trails Master Plan or similar implementing document.
• OSC-14a. Increase coastal and recreational access for all segments of the population, including the disabled and elderly, while protecting natural resources, particularly environmentally sensitive habitat areas.
FINANCIAL CONSIDERATIONS
The contractor's proposed cost is not to exceed $33,800.00. This capital improvement project (GIP) project is listed in the City's GIP Program as Project# PK-23-004. The project is budgeted in this fiscal year.
G/Users/MatUPark-Rec/ParkRec/trails/Staff report Fifth Street Undercrossing Linden To Holly Trail
March 27, 2023
Page #3
LEGAL
The Project is not required to be formally publicly bid because of the low value of the contract. Pursuant to California Public Contract Code § 22032 public projects of sixty thousand dollars ($60,000) or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order. In this case, the project is proposed to be installed by negotiated contract.
OPTIONS
1. Authorize the City Manager to execute the construction contract
2. Do not authorize the contract and provide direction to Staff.
PRINCIPAL PARTIES EXPECTED AT MEETING
None
ATTACHMENTS
Agreement for Services
Aerial photo with project graphic overlay
Staff contact: Matthew Roberts, Parks and Recreation Director (805) 755-4449 [email protected] ~£~
Signature
Reviewed by: Dave Durflinger, City Manager w A
(805) 755-4400 [email protected] I. /\
· §jg'nirure \._,,
G/Users/MatUPark-Rec/ParkRec/trails/Staff report Fifth Street Undercrossing BOB'S
Backhoe & Trucking
Demolition • Excavation •Grading• Underground Utilities 10 Wheelers • End Dumps• Transfers
March 2, 2023
Matt Roberts
City of Carpinteria
PROPOSAL
Location: Linden to Holly Trail
Linden to Holly Trail
Clear & grub light grass, leave on site.
Rough grade path, 8001f X 10' wide, compact sub-grade with pad foot compactor.
Import & place 150 tons of decomposed granite with stabilizer, compact & roll smooth.
Exclude bender board, DG to be placed on sub-grade, no base.
Prevailing Rates apply.
Price - $33,800.00
Conditions + Exclusions of Bid:
✓ General contractor (or owner) responslble for all permits, survey (grade stakes/layout) and testing. ✓ Water must be provided on site for use for our use during demolltlon and sradlng operations. ✓ Rock dause: if rock ~rger than 6" is encountered or necessitates screening of materials, there will be additional charges. ✓ If there are excesswe roots or underground structures present, there will be extra costs. ✓ EXCLUDE shoring design, Installation, monitoring and/or removal (if required). ✓ Bob's Backhoe not responsible for damage to driveways, concrete/asphalt or unmarked utility linos. ✓ Bob's Backhoe Is not responsible for the removal or mitigation of hazardous materials, treated wood and railroad ties (if present), ✓ Please allow 4 weeks for scheduling. Materials price Is good for 2 weeks. ✓ Bob's not reasonable for testing fees or permits.
Thank You,
/\It i,i<,e, H ~"'
Phone (805) 967 - 5849
Fax (805) 683-1989
Email [email protected]
License #836460 5775 Thornwood Drive
Goleta, CA 93117
G:\MATT\PARK-REC\trails\Linden to Holly Trail\Staff Report Linden to Holly Trail.docx Page4 -•:•.•
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AGREEMENT FOR SERVICES
THIS AGREEMENT FOR CONTRACTOR SERVICES ("Agreement") is made and effective as of the 27th day of March, 2023 by and between the City of Carpinteria, a municipal corporation ("City"), and Bob's Backhoe & Trucking ("Contractor") (collectively, the "Parties") at Carpinteria, California, with reference to the following facts:
A. City has determined that it is necessary and appropriate to engage professional general engineering and construction services to carry out the services described herein; and
B. Contractor has represented itself as being fully qualified and available to perform the services necessary to complete the work in a timely manner; and C. City desires to contract with Contractor and Contractor is willing to perform the services, subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. SERVICES.
1.1 1.2
Basic Services. City hereby retains Contractor to perform the services described and set forth in the attached Exhibit A ("Basic Services"), which is incorporated by this reference as though set forth in full. Contractor hereby agrees to perform said services within the designated time frames and accepts this retention. Contractor shall complete the Basic Services within forty days of entering into this agreement.
The Parties agree and acknowledge that time is of the essence in performance of this Agreement.
Additional Services. In addition to the Basic Services, City may elect to have Contractor perform additional services that are beyond the current scope of the Basic Services, but within the expertise of Contractor ("Additional Services"). Such Additional Services shall be mutually agreed to in advance and specified in a writing, which shall also specify the basis for the Contractor's fee for such additional services. Basic Services and Additional Services are referenced collectively as "Services."
2. PERFORMANCE.
2.1 Standard of Performance. Contractor shall faithfully, competently and diligently perform the obligations and responsibilities required by this Agreement, applying best management practices and the same standards of care utilized by persons commonly engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall not engage the assistance of subcontractors for performance of the Services unless previously agreed to in writing by the City.
2.2 Labor and Materials. Contractor shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and services necessary for the successful completion of the Services. Contractor shall give its attention and supervision to the fulfillment of the provisions of this Agreement by its employees and subcontractors and shall be responsible for the timely performance of the Services required by this Agreement.
2.3 Review of Service. Contractor shall furnish City with reasonable opportunities from time to time to ascertain whether the Services of Contractor are being performed in accordance with this Agreement. All work done and materials furnished shall be subject to final review and approval by City; Contractor is not providing final approval or review, which is solely City's function and role. City review and approval of such work and Services shall not, however, relieve Contractor of any of its obligations under this Agreement.
2.4 Contract Administration. The City Manager or his/her designee shall represent the City in all matters relating to the administration of this Agreement. The City Manager or his/her designee shall have the authority to act on the City's behalf to review and approve all products submitted by Contractor and may execute all necessary documents to authorize Contractor to perform Additional Services as provided for herein.
2.5 Representations and Warranties. Contractor represents and warrants to City that: (i) its fulfillment of its obligations and, as applicable, performance the Services under this Agreement, will not violate any applicable or breach any contracts with third parties and (ii) it has the right, power and authority to fulfill its obligations, and, as applicable perform the Services, and enter into this Agreement; (iii) the Services contemplated hereunder will be performed by adequately trained, competent personnel, in a professional manner, with such personnel having the requisite skill and expertise necessary to perform and complete the Services in accordance with industry standards and in accordance with the terms and conditions of this Agreement; and (iv) the Services and all deliverables provided hereunder will conform to the specifications agreed-to by the parties.
3. TERM. This Agreement shall be effective as of the date first above written and shall continue until all Services to be provided by Contractor are completed to the satisfaction of the City, but in no event later than the 30th day of June 2023; unless terminated earlier as provided for herein.
4. COMPENSATION.
4.1 Basic Services. For Basic Services, City shall pay Contractor on a time and materials basis, not to exceed amount of Thirty-eight thousand eight hundred and 00/100 Dollars ($38,800.00) as full compensation for all labor, materials, equipment, tools, transportation, and Services. This compensation shall be paid in accordance with the payment rates and schedule as set forth in Exhibit B, attached hereto and 2 incorporated herein by this reference as though set forth in full, based on the actual time spent on the tasks and the actual price of the necessary materials.
4.2 Additional Services. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to the Basic Services, unless such Additional Services are authorized in advance and in writing in the method provided for herein. Contractor will submit fee estimates for such Additional Services upon request of City.
4.3 Invoices. Each and every payment by City shall be subject to City's receipt of an invoice outlining the items for which payment is requested. Payment to Contractor as to any undisputed fees shall be made, after verification of Contractor's performance, within 30 (thirty) days of receipt of invoice. If City disputes any of Contractor's fees, it shall give written notice to Contractor within 30 (thirty) days of receipt of an invoice of such disputed fees.
4.4 Withholding. City reserves the right to withhold future payment to Contractor if any aspect of the Contractor's work is found to be substantially inadequate. City shall notify Contractor in writing of deficiencies believed to be substantially inadequate within thirty (30) days after receipt of product.
4.5 Taxes/Insurance/Licenses. Contractor shall be solely responsible for the payment of any federal, state, or local income tax, social security tax, workers' compensation insurance, state disability insurance, and any other taxes or insurance which Contractor is responsible for paying as an independent contractor under federal, state or local law. At all times during the term of this Agreement, Contractor and any approved subcontractors performing Services under this Agreement shall have in full force and effect all licenses necessary for the performance of Services hereunder, including without limitation, business licensing from City, all at the sole cost of Contractor.
5. RECORDS.
5 .1 Financial Records. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of Services under this Agreement. Contractor shall also maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
5.2 Access to Records. Contractor shall provide free access to the representatives of City or its designees at reasonable times to books and records as set forth in section 5 .1; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement.
Such records, together with supporting documents, shall be maintained for a period of four ( 4) years after receipt of final payment.
3 5.3 Original Records. Upon completion of, or in the event of termination or suspension of this Agreement, all completed and incomplete original agreements, data, documents, designs, drawings, exhibits, maps, models, computer files, reports, studies, surveys, notes, and other work, materials or documents prepared or used to prepare Contractor's work product in the course of providing the Services pursuant to this Agreement ("Contractor Work Product") shall become the sole property of City once the Contractor has received payment. City may duplicate, disclose, disseminate, use, reuse or otherwise dispose of Contractor Work Product in whole or in part in any manner it deems appropriate, without the permission of Contractor.
With respect to computer files, Contractor shall make available to the City, at Contractor's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Contractor may retain copies of such Contractor Work Product as a part of its record of professional activity.
6. TERMINATION.
6.1 6.2
Termination Without Cause. This Agreement may be terminated by either party for any reason upon ten (10) days prior written notice by the terminating party to the other party. In the event of a termination, the date of termination shall be deemed to be the first business day occurring after the expiration of the notice period. Upon receipt of said notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise.
Termination With Cause. Either party may terminate this Agreement with cause, effective immediately upon written notice of such termination to the other party and failure of the breaching party to correct within five (5) days ofreceiving such notice, based upon the occurrence of any of the following events:
D Material breach of this Agreement;
D Cessation of Contractor to be licensed, as required;
D Failure to substantially comply with any applicable federal, state or local law or regulation;
D Filing by or against Contractor of any petition under any law for the relief of debtors; and,
D Filing of a criminal complaint against Contractor for any crime, other than minor traffic offenses.
6.3 Performance Upon Termination. In the event this Agreement is terminated pursuant to this Section, City shall pay Contractor for the outstanding balance owed for work performed up to the time of termination. Upon termination of the Agreement, Contractor shall submit an invoice to City as provided for herein and shall submit to the City all of its files for any billable or non-billable matters in which the Contractor is involved under the scope of this Agreement.
6.4 Termination Upon Mutual Consent. This agreement may also be terminated by mutual consent of the parties and in accordance with the terms and conditions of any 4 plan of termination established by the parties. In the event of a termination by mutual consent, the date of termination shall be such date as is agreed upon by the parties.
The parties may agree to suspend or terminate a portion of this Agreement and such suspension or termination shall not make void or invalidate the remainder of this Agreement.
7. DISPUTE RESOLUTION. Except as explicitly provided in Exhibit E relating to claims by Contractor, if any dispute, claim or disagreement shall arise relative to the interpretation or enforcement of this Agreement, the parties shall use commercially reasonable efforts to settle the dispute, claim or disagreement. To this end, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such a solution within a period of thirty (30) days, then, upon notice by either party to the other, the dispute, claim or disagreement shall be submitted to final, binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.
The arbitrator shall have the authority to assess arbitration costs and expenses against either or both parties. The decision in the arbitration shall be binding on all parties, and judgment on any arbitration award may be entered in any court of competent jurisdiction.
8. INSURANCE. Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in the attached Exhibit C, which is incorporated by this reference as though set forth in full.
9. INDEMNIFICATION.
Indemnification for Professional Liability. To the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs, and expenses, including attorneys' fees and costs, which arise out of the negligence, recklessness or willful misconduct of Contractor.
10. RELEASE OF INFORMATION.
10.1 Confidentiality. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released except to the City, directly or indirectly, by Contractor without City's prior written authorization.
Contractor, its officers, employees, subcontractors or sub-Contractors shall not voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement unless requested by the City Attorney or authorized in writing by the City Manager. Response to a subpoena or court order shall not be considered "voluntary" provided that Contractor shall give City prompt written notice of any such court order or subpoena. The provisions of this Paragraph shall survive the termination of this Agreement.
10.2 Notice and Cooperation. Contractor shall promptly notify the City Manager and City Attorney in writing if Contractor, its officers, employees, agents, subcontractors or subcontractors are served with any summons, complaint, subpoena, notice of 5 deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any person or party related to this Agreement and/or Contractor's related Services. City has no obligation to, but may exercise discretion to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide the City an opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not grant or imply a right of City to control, direct, dictate or rewrite said response.
11. RELATIONSHIP TO CITY.
11.1 Independent Contractor. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
11.2 No Employee Privileges. No City employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages or other compensation to Contractor for performing Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing Services hereunder.
11.3 Contractor Duty to City. Contractor understands and agrees that its responsibility to provide complete and accurate Services is owed solely to City and that its accountability under this contract shall likewise be solely to City and not to any City applicants or any other third person or entity.
11.4 Interest of Contractor. Contractor represents and warrants to City that it presently has no interests, and covenants that it shall not acquire any interests, direct or indirect, financial or otherwise, which would conflict with the performance of the services to be provided by Contractor under this Agreement. Contractor further covenants that, in the performance of this Agreement, no subcontractor or employee having such an interest shall be employed by Contractor. Contractor certifies that no one who has or will have any financial interest under this Agreement is: (a) an officer or employee of City, or (b ). an officer or employee of the applicant and any of its Contractors. Contractor agrees to comply with any applicable conflict of interest code.
11.5 Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in 6 connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement or financial inducement.
No officer or employee of City will receive compensation, directly or indirectly, from Contractor or any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.
11.6 Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the City and the Contractor and will not confer any rights upon any person not expressly a party to this Agreement.
12. GENERAL PROVISIONS.
12.1 Assignment of Rights. Contractor agrees to assign City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act or under the Cartwright Act arising from purchases of goods, services, or materials pursuant to this Agreement.
12.2 Further Assurances. City and Contractor each agree to cooperate with one another, to use their best efforts, to act in good faith, and to promptly perform such acts and execute such documents or instruments as are reasonably necessary and proper to consummate the transactions contemplated by this Agreement.
12.3 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if personally served or on the second day after mailing if mailed by first-class mail, registered or certified, return receipt requested, postage prepaid and properly addressed as follows:
To City:
Dave Durtlinger, City Manager
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
Phone:(805) 684-5405
email: [email protected]
To Contractor:
Bob's Backhoe & Trucking
5775 Thornwood Drive
Goleta, CA 93117
Phone (805) 967-5849
email: Mike(ci)bobsbackhoeinc.corn
Any party may change their address for the purpose of this paragraph by giving the other party written notice of the new address in the above manner.
12.4 Legal Responsibilities. Contractor shall keep itself informed of state, federal and laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Service pursuant to this Agreement. The Contractor shall reasonably observe and comply with such laws and regulations. The City and its officers and employees shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section.
7 12.5 Licenses. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required by law for the performance of services described in this Agreement.
12.6 Labor Conditions. City is a public entity in the state of California, and therefore, City and Contractor are subject to the provisions of the Government Code and the Labor Code of the state of California. All provisions of law applicable to public contracts and/or this Agreement are incorporated herein by this reference and are made a part of this Agreement to the same extent as if they were fully stated in the Agreement and shall be complied with by Contractor.
12.7 Labor Requirements. Contractor shall abide by all federal and California laws and regulations regarding wages, including, without limitation, the Fair Labor Standards Act and the California Labor Code, which, in part, mandate that 8 hours' labor constitutes a legal days' work, and require Contractor to pay the general prevailing wage rates. The California statutory provisions for penalties for failure to pay prevailing wages will be enforced and the statutory provisions for penalties for failure to comply with California's wage and hour laws will be enforced. In addition, Contractor is required to comply with the statutory requirements relating to employment of apprentices. Contractor also must secure the payment of workers' compensation to its employees as provided by California law. Consult acknowledges its obligation to secure payment of Workers' Compensation before beginning work as set forth in the attached Exhibit D ("Acknowledgement of Workers' Compensation Obligation") which is incorporated by this reference as through set forth in full. Additionally, Contractor is required to comply with all statutory requirements relating to certified payroll records, including the maintenance of the records, their certification, and their availability for inspection.
12.8 Discrimination. No person shall be excluded from employment in the performance of this Agreement on the grounds ofrace, creed, color, sex, age, marital status, sexual orientation or place of national origin. Contractor shall comply with all local, state, and federal laws relating to equal employment opportunity rights.
12.9 Assignment. Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of City, which shall have the sole discretion to consent to any proposed assignment. Because of the personal nature of the Services to be rendered pursuant to this Agreement, only Contractor shall perform the services described in this Agreement.
12.10 Waiver. No waiver of a provision of this Agreement shall constitute a waiver of any other provision, whether or not similar. No waiver shall constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
12.11 Force Majeure. Neither Contractor nor City shall be liable for any delays resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority. 8 12.12 Construction of Terms. All parts of this Agreement shall in all cases be construed according to their plain meaning and shall not be construed in favor or against either of the parties. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, in whole or in part, the remainder of this Agreement shall remain in full force and effect and shall not be affected, impaired or invalidated thereby. In the event of any provision shall be adjudged invalid, void or unenforceable, the parties hereto agree to enter into a supplemental agreement to effectuate the intent of the parties and the purposes of this Agreement.
12.13 Controlling Law. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement, with venue proper only in the County of Santa Barbara, State of California.
12.14 Authorization. All officers and individuals executing this and other documents on behalf of the respective parties hereby certify and warrant that they have the capacity and have been duly authorized to execute said documents on behalf of the entities indicated.
12.15 Entire Agreement. This Agreement, along with its attached exhibits, which are incorporated herein by this reference, constitutes the entire Agreement between the parties and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. This Agreement may be altered, amended or modified only by a supplemental writing executed by the parties to this Agreement and by no other means. Each party waives any future right to claim, contest, or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreement, course of conduct, waiver or estoppel.
12.16 Counterparts. This Agreement may be executed in counterparts, each of which shall remain in full force and effect as to each party.
12.17 Severability. In the event that any term or provision of this Agreement shall be held to be invalid, void or unenforceable, then the remainder of this Agreement shall not be affected, impaired or invalidated, and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, the parties have executed this Agreement at the place and as of the date first written above.
"CITY"
City of Carpinteria
"CONTRACTOR"
Bob's Backhoe & Trucking
By: _
David Durflinger, City Manager
By: _
Mike Hearn, Bob's Backhoe Inc.
9 EXHIBIT A
11 a
•
'"BBOB'S
Demolition □ Excavation□ Grading□ Underground Utilities 10 Wheelers□ End Dumps□ Transfers
PREVAILING WAGE - NOVEMBER 2022
EOUIPMENT /OPERATED! RATES RATE TRUCKS lnon Prevallina Wa!!el RATES CAT 320 Excavator
(24, 36, 48 inch buckets with hydraulic thumb )
CAT 320 Excavator w/ Concrete Pulverizer
CAT 320 Excavator w/ Hydraulic Breaker
CAT 315 Excavator
(24" or 42" bucket with hydraulic thumb )
CAT 308 Excavator
(12, 24, 36 inch buckets with hydraulic thumb
CAT 305 Mini Excavator
(12, 24, 36 inch buckets
CAT 303.5 Mini Excavator
(12, 18, 24, 30 inch buckets }
CAT 303.5 Mini Excavator w/ Hydraulic Breaker
GRADALL 544 Reach Forklift with forks & bucket
JD 410 Backhoe w/extendahoe
(4WD, 4 in 1 bucket, 5 buckets - 12, 18, 24, 30, 36 inch JO 410 Backhoe with Hydraulic Breaker
CAT CP563 Compactor
CAT 433 Compactor
CAT CP-323C Compactor
CAT CD-214E Smooth Drum Roller
CAT D6T Dozer
JD210 Skip loader
JD 323 Skidsteer
Cat 289D Skidsteer
Cat 928G Loader (2.5 CY bucket)
JD 644J loader (4 CY bucket)
CAT 963C Track Loader
(4 in 1 bucket, rippers
$225.00 per hour
$270.00 per hour
$270.00 per hour
$175.00 per hour
$165.00 per hour
$150.00 per hour
$140.00 per hour
$175.00 per hour
$150.00 per hour
$150.00 per hour
$190.00 per hour
$160.00 per hour
$135.00 per hour
$125.00 per hour
$135.00 per hour
$245.00 per hour
$145.00 per hour
$140.00 per hour
$140.00 per hour
$175.00 per hour
$190.00 per hour
$190.00 per hour
Semi End Dump (5 axle)
40' Flat Bed Truck (5 axlej
High Side End Dump (5 axle)
Transfer/Trailer Truck (5 axle)
Semi Bottom Dump (5 axle)
Double Bottom Dump (5 axle)
10 Wheel Dump Truck (3 axlE)
2000 Gallon Water Truck
Low Bed Trailer (5 axle/ 16 tire)
(over 102" requires permit )
TRUCKS I Prevailinz Wa!!el
$130.00 per hour
$130.00 per hour
$145.00 per hour
$130.00 per hour
$130.00 per hour
$130.00 per hour
$115.00 per hour
$110.00 per hour
$145.00 per hour
RATES
Semi End Dump (5 axle)
40' Flat Bed Truck (5 axlej
High Side End Dump (5 axle)
Transfer/Trailer Truck (5 axle)
Semi Bottom Dump (5 axle)
Double Bottom Dump (5 axle)
10 Wheel Dump Truck (3 axlE)
2000 Gallon Water Truck
Low Bed Trailer (5 axle/ 16 tire)
(over 102" requires permit)
$170.00 per hour
$170.00 per hour
$185.00 per hour
$170.00 per hour
$170.00 per hour
$170.00 per hour
$170.00 per hour
$170.00 per hour
$175.00 per hour
MISCELLANEOUS
Foreman w/ Pickup Truck & Laser/Too
Foreman/Operator (Labor only)
Labor
Air Compressor with 60# Jack Hamme
and Chipping Gun
"Walk Behind" SheepsFoot Compactor
Jumping Jack (Wacker)
1" Steel Plate (4' x 10' / 5' x 10)
Rumble Plate (8' x 10')
Shoring, Compaction Wheels,
Attachments
$105.00 per hour
$100.00 per hour
$85.00 per hour
$450.00 per day
$300.00 per day
$65.00 per day
$200.00 per day
$130.00 per day
$125.00 per mouth
$150.00 per mouth
Various
48" Skeleton Bucket
Power Screen
Manual Screen
Man Basket
$150.00 per day
$175.00 per hour
$500.00 per day
$100.00 per day
NOTES
Phone (805) 967-5849
Fax (805) 683-1989
Email [email protected]
Material prices are available upon request.
Mobilization (move in/ move out) is an additonal charge.
Permits (if necessary) are an additonal charge.
Trucking & Equipment Rates are (4) hour minimum.
Trucking rates are subject to change without notice, due to fuel increase.
Truck rates will have a 15% fuel surcharge
Equipment rates will have a 15% fuel surcharge
License #836460 5775 Thornwood Drive DIR #1000017993 Goleta, CA 93117
EXHIBITB
City will pay approved invoices within 30 days of receipt.
Invoices should be mailed to:
The City of Carpinteria
Attn: Accounts Payable
5 77 5 Carpinteria A venue
Carpinteria, CA 93013
12 EXHIBITC
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol I (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend.
The policy retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. 13 General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor:
1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, volunteers and agents, using standard ISO endorsement No. CG 2010-0413. Contractor also agrees to require all contractors and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees or agents, from waiving the right of subrogation prior to a loss.
Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate socalled "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage ( e.g., elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 (thirty) days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 14 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
11. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as City or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of 15 clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
22. The City's failure to comply with reporting requirements should not affect coverage required under the Agreement.
23. The Contractor's insurance is primary to that of any insurance claimed by the City.
Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
16 EXHIBITD
WORKERS' COMPENSATION REQUIREMENTS
The Contractor is required to sign and file a statement acknowledging its obligation to secure payment of Workers' Compensation before beginning work.
17 ACKNOWLEDGEMENT OF WORKERS' COMPENSATION OBLIGATION
I hereby acknowledge my obligation to secure payment of Workers' Compensation before beginning work.
Contractor
By: -----------
Name, Title of Signator
Dated: ----------
18 City of Carpinteria
COUNCIL AGENDA STAFF REPORT
March 27, 2023
ITEM FOR COUNCIL CONSIDERATION
Authorize the City Manager to execute an Agreement for Services in the amount of $46,800.00 to demolish an outbuilding located at 6155 Carpinteria Avenue (APN 001- 180-040).
STAFF RECOMMENDATION
Authorize the City Manager to execute an Agreement for Services in an amount not to exceed $46,800.00 for Bob's Backhoe & Trucking to demolish the outbuilding located at 6155 Carpinteria Avenue.
Sample Motion: I move to authorize the City Manager to execute the Agreement for Services in an amount not to exceed $46,800.00 for Bob's Backhoe & Trucking to demolish an out building located at 6155 Carpinteria Avenue.
BACKGROUND
In December of 2018, the City purchased a surface
easement for public trail purposes over the property
known as 6155 Carpinteria Avenue (Property).
Funding for the acquisition ( $302,000) came from
a Habitat Conservation Fund grant ($155,000) and
the City's Park Land Acquisition Fund.
The easement makes an inside link needed to
complete the Coastal Vista Trail in this area.
The negotiated easement boundaries include a
portion of an outbuilding in the southern part of the
Property. The City, as a part of the negotiated
terms of the easement, agreed to remove the
outbuilding in order to make way for the trail.
A Right of Entry and Temporary Construction
Easement has also been negotiated between the
City and the Land Owner to allow for the proposed work.
G:\MATT\PARK-REC\trails\Linden to Holly Trail\Staff Report Linden to Holly Trail.docx Page 1 6155 Carpinteria Avenue Outbuilding Demolition
March 27, 2023
Page #2
This trail is a part of the 2023 approved
work plan.
The project received its Development
Permit/Coastal Development Permit in
July of 2022.
The building was inspected and tested
in August of 2022 for asbestos
contamination by Insight Environmental,
Inc. No asbestos was detected.
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In January of 2023, the City granted a
demolition permit for the removal of the
building. All utility providers have
signed the permit and the Air Pollution Control District has issued a permit as well.
DISCUSSION
The proposed action will allow the City to remove the building and proceed with the trail project. The removal of the building is the first phase. The final trail design will be pursued in the next fiscal year. The final design includes some reconfiguration of the coastal overlook on the east side of the Carpinteria Bluffs Nature Preserve. The final design also features ADA accessibility, landscaping and fencing. See the attached trail Project Plan.
POLICY CONSIDERATIONS
Installation of trail features that improve the safety conditions in the vicinity of the railroad and provide coastal access are important.
The Carpinteria General plan contains many references to providing recreational trails throughout the city.
• CD-Sb. To provide convenient pedestrian routes, the existing network of automobile lanes, trails and pedestrian ways in the Downtown District and adjacent neighborhoods should be preserved, reinforced and extended into other neighborhoods. This pedestrian network should be in addition to, not in lieu of, pedestrian ways on the streets.
• OSC-1 Sa. The City's trail system shall be maintained and expanded upon based upon Figure C-3, the Trails Map, and, if approved by the Coastal Commission in an amendment to its Local Coastal Plan, the Trails Master Plan or similar implementing document.
G/Users/MatUPark-Rec/ParkRec/trails/Staff ReporU 6155 Carpinteria Avenue Outbuilding Demolition 6155 Carpinteria Avenue Outbuilding Demolition
March 27, 2023
Page #3
• OSC-14a. Increase coastal and recreational access for all segments of the population, including the disabled and elderly, while protecting natural resources, particularly environmentally sensitive habitat areas.
FINANCIAL CONSIDERATIONS
The contractor's proposed cost is not to exceed $46,800. This CIP project is listed in the City's CIP Program as Project# PK-20-002. The required funding for this action is budgeted in this fiscal year.
LEGAL
The Project is not required to be formally publicly bid because of the low value of the contract. Pursuant to California Public Contract Code § 22032 public projects of sixty thousand dollars ($60,000) or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order. In this case, the project is proposed to be installed by negotiated contract.
OPTIONS
1 . Authorize the City Manager to execute the construction contract
2. Do not authorize the contract and provide direction to Staff.
PRINCIPAL PARTIES EXPECTED AT MEETING
None
ATTACHMENTS
Attachment A: Agreement for Services
Attachment B: Trail Project Plans
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400 [email protected]
G/Users/MatUPark-Rec/ParkRec/trails/Staff Report/ 6155 Carpinteria Avenue Outbuilding Demolition Attachment A
AGREEMENT FOR SERVICES
THIS AGREEMENT FOR CONTRACTOR SERVICES ("Agreement") is made and effective as of the 27th day of November, 2023 by and between the City of Carpinteria, a municipal corporation ("City"), and Bob's Backhoe & Trucking ("Contractor") (collectively, the "Parties") at Carpinteria, California, with reference to the following facts:
A. City has determined that it is necessary and appropriate to engage professional general engineering and construction services to carry out the services described herein; and
B. Contractor has represented itself as being fully qualified and available to perform the services necessary to complete the work in a timely manner; and C. City desires to contract with Contractor and Contractor is willing to perform the services, subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. SERVICES.
1.1 Basic Services. City hereby retains Contractor to perform the services described and set forth in the attached Exhibit A ("Basic Services"), which is incorporated by this reference as though set forth in full. Contractor hereby agrees to perform said services within the designated time frames and accepts this retention. Contractor shall complete the Basic Services within forty days of entering into this agreement.
The Parties agree and acknowledge that time is of the essence in performance of this Agreement.
1.2 Additional Services. In addition to the Basic Services, City may elect to have Contractor perform additional services that are beyond the current scope of the Basic Services, but within the expertise of Contractor ("Additional Services"). Such Additional Services shall be mutually agreed to in advance and specified in a writing, which shall also specify the basis for the Contractor's fee for such additional services. Basic Services and Additional Services are referenced collectively as "Services."
2. PERFORMANCE.
2.1 Standard of Performance. Contractor shall faithfully, competently and diligently perform the obligations and responsibilities required by this Agreement, applying best management practices and the same standards of care utilized by persons commonly engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall not engage the assistance of subcontractors for performance of the Services unless previously agreed to in writing by the City.
2.2 Labor and Materials. Contractor shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and services necessary for the successful completion of the Services. Contractor shall give its attention and supervision to the fulfillment of the provisions of this Agreement by its employees and subcontractors and shall be responsible for the timely performance of the Services required by this Agreement.
2.3 · Review of Service. Contractor shall furnish City with reasonable opportunities from time to time to ascertain whether the Services of Contractor are being performed in accordance with this Agreement. All work done and materials furnished shall be subject to final review and approval by City; Contractor is not providing final approval or review, which is solely City's function and role. City review and approval of such work and Services shall not, however, relieve Contractor of any of its obligations under this Agreement.
2.4 Contract Administration. The City Manager or his/her designee shall represent the City in all matters relating to the administration of this Agreement. The City Manager or his/her designee shall have the authority to act on the City's behalf to review and approve all products submitted by Contractor and may execute all necessary documents to authorize Contractor to perform Additional Services as provided for herein.
2.5 Representations and Warranties. Contractor represents and warrants to City that: (i) its fulfillment of its obligations and, as applicable, performance the Services under this Agreement, will not violate any applicable or breach any contracts with third parties and (ii) it has the right, power and authority to fulfill its obligations, and, as applicable perform the Services, and enter into this Agreement; (iii) the Services contemplated hereunder will be performed by adequately trained, competent personnel, in a professional manner, with such personnel having the requisite skill and expertise necessary to perform and complete the Services in accordance with industry standards and in accordance with the terms and conditions of this Agreement; and (iv) the Services and all deliverables provided hereunder will conform to the specifications agreed-to by the parties.
3. TERM. This Agreement shall be effective as of the date first above written and shall continue until all Services to be provided by Contractor are completed to the satisfaction of the City, but in no event later than the 30th day of June 2023; unless terminated earlier as provided for herein.
4. COMPENSATION.
4.1 Basic Services. For Basic Services, City shall pay Contractor on a time and materials basis, not to exceed amount of forty-six thousand eight hundred and 00/100 Dollars ($46,800.00) as full compensation for all labor, materials, equipment, tools, transportation, and Services. This compensation shall be paid in accordance with the payment rates and schedule as set forth in Exhibit B, attached hereto and 2 incorporated herein by this reference as though set forth in full, based on the actual time spent on the tasks and the actual price of the necessary materials.
4.2 Additional Services. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to the Basic Services, unless such Additional Services are authorized in advance and in writing in the method provided for herein. Contractor will submit fee estimates for such Additional Services upon request of City.
4.3 Invoices. Each and every payment by City shall be subject to City's receipt of an invoice outlining the items for which payment is requested. Payment to Contractor as to any undisputed fees shall be made, after verification of Contractor's performance, within 30 (thirty) days of receipt of invoice. If City disputes any of Contractor's fees, it shall give written notice to Contractor within 30 (thirty) days of receipt of an invoice of such disputed fees.
4.4 Withholding. City reserves the right to withhold future payment to Contractor if any aspect of the Contractor's work is found to be substantially inadequate. City shall notify Contractor in writing of deficiencies believed to be substantially inadequate within thirty (30) days after receipt of product.
4.5 Taxes/Insurance/Licenses. Contractor shall be solely responsible for the payment of any federal, state, or local income tax, social security tax, workers' compensation insurance, state disability insurance, and any other taxes or insurance which Contractor is responsible for paying as an independent contractor under federal, state or local law. At all times during the term of this Agreement, Contractor and any approved subcontractors performing Services under this Agreement shall have in full force and effect all licenses necessary for the performance of Services hereunder, including without limitation, business licensing from City, all at the sole cost of Contractor.
5. RECORDS.
5.1 5.2
Financial Records. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of Services under this Agreement. Contractor shall also maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
Access to Records. Contractor shall provide free access to the representatives of City or its designees at reasonable times to books and records as set forth in section
5.1; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement.
Such records, together with supporting documents, shall be maintained for a period of four ( 4) years after receipt of final payment.
3 5.3 Original Records. Upon completion of, or in the event of termination or suspension of this Agreement, all completed and incomplete original agreements, data, documents, designs, drawings, exhibits, maps, models, computer files, reports, studies, surveys, notes, and other work, materials or documents prepared or used to prepare Contractor's work product in the course of providing the Services pursuant to this Agreement ("Contractor Work Product") shall become the sole property of City once the Contractor has received payment. City may duplicate, disclose, disseminate, use, reuse or otherwise dispose of Contractor Work Product in whole or in part in any manner it deems appropriate, without the permission of Contractor.
With respect to computer files, Contractor shall make available to the City, at Contractor's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Contractor may retain copies of such Contractor Work Product as a part of its record of professional activity.
6. TERMINATION.
6.1 6.2
Termination Without Cause. This Agreement may be terminated by either party for any reason upon ten ( 10) days prior written notice by the terminating party to the other party. In the event of a termination, the date of termination shall be deemed to be the first business day occurring after the expiration of the notice period. Upon receipt of said notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise.
Termination With Cause. Either party may terminate this Agreement with cause, effective immediately upon written notice of such termination to the other party and failure of the breaching party to correct within five (5) days ofreceiving such notice, based upon the occurrence of any of the following events:
• Material breach of this Agreement;
• Cessation of Contractor to be licensed, as required;
• Failure to substantially comply with any applicable federal, state or local law or regulation;
• Filing by or against Contractor of any petition under any law for the relief of debtors; and,
• Filing of a criminal complaint against Contractor for any crime, other than minor traffic offenses.
6.3 Performance Upon Termination. In the event this Agreement is terminated pursuant to this Section, City shall pay Contractor for the outstanding balance owed for work performed up to the time of termination. Upon termination of the Agreement, Contractor shall submit an invoice to City as provided for herein and shall submit to the City all of its files for any billable or non-billable matters in which the Contractor is involved under the scope of this Agreement.
6.4 Termination Upon Mutual Consent. This agreement may also be terminated by mutual consent of the parties and in accordance with the terms and conditions of any 4 plan of termination established by the parties. In the event of a termination by mutual consent, the date of termination shall be such date as is agreed upon by the parties.
The parties may agree to suspend or terminate a portion of this Agreement and such suspension or termination shall not make void or invalidate the remainder of this Agreement.
7. DISPUTE RESOLUTION. Except as explicitly provided in Exhibit E relating to claims by Contractor, if any dispute, claim or disagreement shall arise relative to the interpretation or enforcement of this Agreement, the parties shall use commercially reasonable efforts to settle the dispute, claim or disagreement. To this end, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such a solution within a period of thirty (30) days, then, upon notice by either party to the other, the dispute, claim or disagreement shall be submitted to final, binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.
The arbitrator shall have the authority to assess arbitration costs and expenses against either or both parties. The decision in the arbitration shall be binding on all parties, and judgment on any arbitration award may be entered in any court of competent jurisdiction.
8. ' INSURANCE. Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in the attached Exhibit C, which is incorporated by this reference as though set forth in full.
9. INDEMNIFICATION.
Indemnification for Professional Liability. To the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs, and expenses, including attorneys' fees and costs, which arise out of the negligence, recklessness or willful misconduct of Contractor.
10. RELEASE OF INFORMATION.
10.1 Confidentiality. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released except to the City, directly or indirectly, by Contractor without City's prior written authorization.
Contractor, its officers, employees, subcontractors or sub-Contractors shall not voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement unless requested by the City Attorney or authorized in writing by the City Manager. Response to a subpoena or court order shall not be considered "voluntary" provided that Contractor shall give City prompt written notice of any such court order or subpoena. The provisions of this Paragraph shall survive the termination of this Agreement.
10.2 Notice and Cooperation. Contractor shall promptly notify the City Manager and City Attorney in writing if Contractor, its officers, employees, agents, subcontractors or subcontractors are served with any summons, complaint, subpoena, notice of 5 deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any person or party related to this Agreement and/or Contractor's related Services. City has no obligation to, but may exercise discretion to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide the City an opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not grant or imply a right of City to control, direct, dictate or rewrite said response.
11. RELATIONSHIP TO CITY.
11.1 Independent Contractor. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
11.2 No Employee Privileges. No City employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages or other compensation to Contractor for performing Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing Services hereunder.
11.3 Contractor Duty to City. Contractor understands and agrees that its responsibility to provide complete and accurate Services is owed solely to City and that its accountability under this contract shall likewise be solely to City and not to any City applicants or any other third person or entity.
11.4 Interest of Contractor. Contractor represents and warrants to City that it presently has no interests, and covenants that it shall not acquire any interests, direct or indirect, financial or otherwise, which would conflict with the performance of the services to be provided by Contractor under this Agreement. Contractor further covenants that, in the performance of this Agreement, no subcontractor or employee having such an interest shall be employed by Contractor. Contractor certifies that no one who has or will have any financial interest under this Agreement is: (a) an officer or employee of City, or (b ). an officer or employee of the applicant and any of its Contractors. Contractor agrees to comply with any applicable conflict of interest code.
11.5 Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in 6 connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement or financial inducement.
No officer or employee of City will receive compensation, directly or indirectly, from Contractor or any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.
11.6 Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the City and the Contractor and will not confer any rights upon any person not expressly a party to this Agreement.
12. GENERAL PROVISIONS.
12.1 Assignment of Rights. Contractor agrees to assign City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act or under the Cartwright Act arising from purchases of goods, services, or materials pursuant to this Agreement.
12.2 Further Assurances. City and Contractor each agree to cooperate with one another, to use their best efforts, to act in good faith, and to promptly perform such acts and execute such documents or instruments as are reasonably necessary and proper to consummate the transactions contemplated by this Agreement.
12.3 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if personally served or on the second day after mailing if mailed by first-class mail, registered or certified, return receipt requested, postage prepaid and properly addressed as follows:
To City:
Dave Durflinger, City Manager
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
Phone:(805) 684-5405
email: [email protected]
To Contractor:
Bob's Backhoe & Trucking
5775 Thornwood Drive
Goleta, CA 93117
Phone (805) 967-5849
email: [email protected]
Any party may change their address for the purpose of this paragraph by giving the other party written notice of the new address in the above manner.
12.4 Legal Responsibilities. Contractor shall keep itself informed of state, federal and laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Service pursuant to this Agreement. The Contractor shall reasonably observe and comply with such laws and regulations. The City and its officers and employees shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section.
7 12.5 Licenses. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required by law for the performance of services described in this Agreement.
12.6 Labor Conditions. City is a public entity in the state of California, and therefore, City and Contractor are subject to the provisions of the Government Code and the Labor Code of the state of California. All provisions of law applicable to public contracts and/or this Agreement are incorporated herein by this reference and are made a part of this Agreement to the same extent as if they were fully stated in the Agreement and shall be complied with by Contractor.
12.7 Labor Requirements. Contractor shall abide by all federal and California laws and regulations regarding wages, including, without limitation, the Fair Labor Standards Act and the California Labor Code, which, in part, mandate that 8 hours' labor constitutes a legal days' work, and require Contractor to pay the general prevailing wage rates. The California statutory provisions for penalties for failure to pay prevailing wages will be enforced and the statutory provisions for penalties for failure to comply with California's wage and hour laws will be enforced. In addition, Contractor is required to comply with the statutory requirements relating to employment of apprentices. Contractor also must secure the payment of workers' compensation to its employees as provided by California law. Consult acknowledges its obligation to secure payment of Workers' Compensation before beginning work as set forth in the attached Exhibit D ("Acknowledgement of Workers' Compensation Obligation") which is incorporated by this reference as through set forth in full. Additionally, Contractor is required to comply with all statutory requirements relating to certified payroll records, including the maintenance of the records, their certification, and their availability for inspection.
12.8 Discrimination. No person shall be excluded from employment in the performance of this Agreement on the grounds ofrace, creed, color, sex, age, marital status, sexual orientation or place of national origin. Contractor shall comply with all local, state, and federal laws relating to equal employment opportunity rights.
12.9 Assignment. Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of City, which shall have the sole discretion to consent to any proposed assignment. Because of the personal nature of the Services to be rendered pursuant to this Agreement, only Contractor shall perform the services described in this Agreement.
12.10 Waiver. No waiver of a provision of this Agreement shall constitute a waiver of any other provision, whether or not similar. No waiver shall constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
12.11 Force Majeure. Neither Contractor nor City shall be liable for any delays resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority. 8 12.12 Construction of Terms. All parts of this Agreement shall in all cases be construed according to their plain meaning and shall not be construed in favor or against either of the parties. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, in whole or in part, the remainder of this Agreement shall remain in full force and effect and shall not be affected, impaired or invalidated thereby. In the event of any provision shall be adjudged invalid, void or unenforceable, the parties hereto agree to enter into a supplemental agreement to effectuate the intent of the parties and the purposes of this Agreement.
12.13 Controlling Law. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement, with venue proper only in the County of Santa Barbara, State of California.
12.14 Authorization. All officers and individuals executing this and other documents on behalf of the respective parties hereby certify and warrant that they have the capacity and have been duly authorized to execute said documents on behalf of the entities indicated.
12.15 Entire Agreement. This Agreement, along with its attached exhibits, which are incorporated herein by this reference, constitutes the entire Agreement between the parties and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. This Agreement may be altered, amended or modified only by a supplemental writing executed by the parties to this Agreement and by no other means. Each party waives any future right to claim, contest, or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreement, course of conduct, waiver or estoppel.
12.16 Counterparts. This Agreement may be executed in counterparts, each of which shall remain in full force and effect as to each party.
12.17 Severability. In the event that any term or provision of this Agreement shall be held to be invalid, void or unenforceable, then the remainder of this Agreement shall not be affected, impaired or invalidated, and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, the parties have executed this Agreement at the place and as of the date first written above.
"CITY"
City of Carpinteria
"CONTRACTOR"
Bob's Backhoe & Trucking
By: -----------
David Durflinger, City Manager
By: _
Mike Heam, Bob's Backhoe Inc.
9 EXHIBIT A
11 BOB'S
Demolition □ Excavation□ Grading□ Underground Utilities 10 Wheelers□ End Dumps□ Transfers
PREVAILING WAGE - NOVEMBER 2022
EQUIPMENT IOPERATEDl RATES RATE TRUCKS lnon Prevailine: Wae:el RATES CAT 320 Excavator
(24, 36, 48 inch buckets with hydraulic thumb )
CAT 320 Excavator w/ Concrete Pulverizer
CAT 320 Excavator w/ Hydraulic Breaker
CAT 315 Excavator
{24" or 42" bucket with hydraulic thumb )
CAT 308 Excavator
(12, 24, 36 inch buckets with hydraulic thumb
CAT 305 Mini Excavator
(12, 24, 36 inch buckets
CAT 303.5 Mini Excavator
(12, 18, 24, 30 inch buckets )
CAT 303.5 Mini Excavator w/ Hydraulic Breaker
GRADALL 544 Reach Forklift with forks & bucket
JD 410 Backhoe w/extendahoe
(4WD, 4 in 1 bucket, 5 buckets - 12, 18, 24, 30, 36 inch JD 410 Backhoe with Hydraulic Breaker
CAT CP563 Compactor
CAT 433 Compactor
CAT CP-323C Compactor
CAT CD-214E Smooth Drum Roller
CAT D6T Dozer
JD210 Skip loader
JD 323 Skidsteer
Cat 289D Skidsteer
Cat 928G Loader (2.5 CY bucket)
JD 644J Loader (4 CY bucket)
CAT 963CTrack Loader
(4 in 1 bucket, rippers
$225.00 per hour
$270.00 per hour
$270.00 per hour
$175.00 per hour
$165.00 per hour
$150.00 per hour
$140.00 per hour
$175.00 per hour
$150.00 per hour
$150.00 per hour
$190.00 per hour
$160.00 per hour
$135.00 per hour
$125.00 per hour
$135.00 per hour
$245.00 per hour
$145.00 per hour
$140.00 per hour
$140.00 per hour
$175.00 per hour
$190.00 per hour
$190.00 per hour
Semi End Dump (5 axle)
40' Flat Bed Truck (5 axl€j
High Side End Dump (5 axle)
Transfer/Trailer Truck (5 axle)
Semi Bottom Dump (5 axle)
Double Bottom Dump (5 axle)
10 Wheel Dump Truck (3 axl€j
2000 Gallon Water Truck
Low Bed Trailer (5 axle/ 16 tire)
(over 102" requires permit )
$130.00 per hour
$130.00 per hour
$145.00 per hour
$130.00 per hour
$130.00 per hour
$130.00 per hour
$115.00 per hour
$110.00 per hour
$145.00 per hour
TRUCKS I Prevailina Wa2el RATES
Semi End Dump (5 axle)
40' Flat Bed Truck (5 axl€j
High Side End Dump (5 axle)
Transfer/Trailer Truck (5 axle)
Semi Bottom Dump (5 axle)
Double Bottom Dump (5 axle)
10 Wheel Dump Truck (3 axl€j
2000 Gallon Water Truck
Low Bed Trailer (5 axle/ 16 tire)
(over 102" requires permit )
$170.00 per hour
$170.00 per hour
$185.00 per hour
$170.00 per hour
$170.00 per hour
$170.00 per hour
$170.00 per hour
$170.00 per hour
$175.00 per hour
MISCELLANEOUS
Foreman w/ Pickup Truck & Laser/Too
Foreman/Operator (Labor only)
Labor
Air Compressor with 60# Jack Hamme
and Chipping Gun
"Walk Behind" SheepsFoot Compactor
Jumping Jack (Wacker)
1" Steel Plate (4' x 10' / 5' x 10)
Rumble Plate (8' x 10')
Shoring, Compaction Wheels,
Attachments
$105.00 per hour
$100.00 per hour
$85.00 per hour
$450.00 per day
$300.00 per day
$65.00 per day
$200.00 per day
$130.00 per day
$125.00 per mouth
$150.00 per mouth
Various
48" Skeleton Bucket
Power Screen
Manual Screen
Man Basket
$150.00 per day
$175.00 per hour
$500.00 per day
$100.00 per day
NOTES
Phone (805) 967-5849
Fax (805) 683-1989
Email [email protected]
Material prices are available upon request.
Mobilization (move in/ move out) is an additonal charge.
Permits (if necessary) are an additonal charge.
Trucking & Equipment Rates are (4) hour minimum.
Trucking rates are subject to change without notice, due to fuel increase.
Truck rates will have a 15% fuel surcharge
Equipment rates will have a 15% fuel surcharge
license #836460 5775 Thornwood Drive DIR #1000017993 Goleta, CA 93117 Exhibit A
BOB'S
Backhoe & Trucking
Demolition• Excavation• Grading• Underground Utilities
10 Wheelers • End Dumps • Transfers
March 14, 2023
City of Carpinteria
Matt Roberts
[email protected]
PROPOSAL
Building #2 - Behind S&S Seed
Saw cut approx. 400 If
Remove lO0lf of fence & shrubs
Remove flat work
Demo, haul and dispose of existing block building and
concrete foundation, approx. 75' x 60'
Deliver and place 2,000 SF of road base and pave.
Price - $46,800.00
Price - $15,000.00
Not responsible for damage to A/C driveway.
Conditions+ Exclusions of Bid:
✓ General contractor (or owner) responsible for all permits, survey (grade stakes/layout) and testing. ✓ Water must be provided on site for use for our use during demolition and grading operations. ✓ Rock Clause: if rock larger than 6" is encountered or necessitates screening of materials, there will be additional charges. ✓ If there are excessive roots or underground structures present, there will be extra costs. ✓ EXCLUDE shoring design, installation, monitoring and/or removal (if required). ✓ Bob's Backhoe not responsible for damage to driveways, concrete/asphalt or unmarked utility lines. ✓ Bob's Backhoe is not responsible for the removal or mitigation of hazardous materials, treated wood and railroad ties (if present). ✓ Please allow 4 weeks for scheduling. Materials price is good for 2 weeks. ✓ Bob's not responsible for testing fees or permits.
Thank You,
J\lli.,i<,e,,Huwi,v
Phone (805) 967 - 5849
Fax (805) 683 - 1989
Email [email protected]
License #836460 5775 Thornwood Drive
Goleta, CA 93117
EXHIBITB
City will pay approved invoices within 30 days of receipt.
Invoices should be mailed to:
The City of Carpinteria
Attn: Accounts Payable
5775 Carpinteria Avenue
Carpinteria, CA 93013
12 EXHIBIT C
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend.
The policy retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. 13 General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor:
1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, volunteers and agents, using standard ISO endorsement No. CG 2010-0413. Contractor also agrees to require all contractors and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees or agents, from waiving the right of subrogation prior to a loss.
Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate socalled "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage ( e.g., elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 (thirty) days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 14 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
11. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as City or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of 15 clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
22. The City's failure to comply with reporting requirements should not affect coverage required under the Agreement.
23. The Contractor's insurance is primary to that of any insurance claimed by the City.
Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
16 EXHIBITD
WORKERS' COMPENSATION REQUIREMENTS
The Contractor is required to sign and file a statement acknowledging its obligation to secure payment of Workers' Compensation before beginning work.
17 ACKNOWLEDGEMENT OF WORKERS' COMPENSATION OBLIGATION
I hereby acknowledge my obligation to secure payment of Workers' Compensation before beginning work.
Contractor
By: -----------
Name, Title of Signator
Dated:
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City of Carpinteria Coastal Vista Trail
Carpinteria, CA 93013
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City ot Carpinteria Parks & Recreation Department
5n5 Garp1n!cf!a Avenue
Carpinteria California, CA 93013
Contact· Matthew Roberts
Parks and Recreation Director
City Project Manager
Tel. 805.684.5405 l0:449
"• .. : General Notes
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project location
Vicinity Map
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not to scale
1. Due to unforeseen circumst!lnces that occur as p~ojocts undergo construction, site conditions will change. Therefore, 11 a built element or new qrades arc not feasible due to actual site condilions, please call City i!Sroject Manager to coordinate !his issue prior to cons1ruction.
2. Contractor shall read and understand the specilications prior 10 commencement ol work. Failure to adhere to the spccilications may result in a delay of the project a1 the contractor's exponse. Contractor shall not allot tho design or layout of this project without prior approval olCityProjectManager.
3. These plans were _developed withoul _compefete survey inloimation.
Contractor shall confirm all field dimensions and conditions pnor to the start of work. A~y discrepe_ncies with plans shall be reporled lo lhe landscape Architect and City Project Manager.
4. Contractor shall make modif1Cat1ons to matenel or method of installation as required by local code with approval by the City Proiect Manager.
5. The work provided herein shall be performed in accordance with !he latesl edition ol the standard specitications for Public Works Construction, o! the Southern Ca~lomia Chapter of the Amcncan Public Works Association {Grecnbook).
abbreviations
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Sheet Index
L0.0 Cover Sheet
L 1.0 Demolition Plan
L1.1 Grading and Material Plan
L1.2 Grading and Material Details
L2.0 lmgation Plan
L2.1 Irrigation Delailr;
L3.0 Planting Plan
L3.1 Planting Details
REV
05""2020
DATE- - IOESCR1PTION
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FOR REVIEW ONLY
City of Carpinteria Coastal Vista Trail
Carpin1cria,CA,93013
Cover Sheet REVIEW' .D.
CITY OF CARPINTERIA
PARKS DEPARTMENT
PAAK SDlfl ECTOR
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propertyhne
(E)1reetc,cm;.ln
(E)trectcborcmcved
(E)cha,nl1nklence
(E)lradrenco
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Demolition Notes
1. Pavtng 10 remain shall no1 be damaged. Pavtr,g edges lo rema!ll shaU be left clean. even anc1 smoclh. Conuactor respanslblc lor alrepa,rs.
2. Cont•ador 10 verify enst,ng underground u1,ht,es in lhe licld.
J. Rem ove all Clllsting shrubs within luni l of work area unless 01herwise1n~1econpl.:in.
4. RCQ1adeplarni119areasal!erplan1remova1102·bclowr,nal pavinggrade.Provodeposrtivedr.in.:,geawaylromprooosed
eavee areas.
S. Preserveandproteci1heex,s111ng1reesasno:edontheplan.
6. Removea!ltopso,landslodcp,leontopwi1hg1ad,ng.
7 • ~;,~:~~c~~:!!\'~ g'o~,;~~~~~~!~a7~t~!~;PR~:;~s
Te!.80S-684-S40Sx449.
a. Building removal ,ndudcd ,n the eonrrad. Uhl,1ics lo !ho t>u,lding mustllediseonncdedatlJ'!ei,anel(clecirleal). Theeonlraciorlo ver,!yi!tJ'!crearegasandcat>lcnced1o0ercmovt:d .
9. ~~ng disposal must comply w,Jh recycling mandates per City Tree Protection Notes
1. FenceottaJltrccshcmconsHucloonatlriecrilicalroo1zonc(or where practical) with 6' temporary chain link construdion renee. refer 10 deta~ !his sheet
2. Noac1Mtiesors1oragcotconS1rUc11onma1e11alsshallt1e
allowedWi!hinlencedtreeareas.
J. Ar,,yd,ggingwilhmthoroottoneolctnyprotecicdlfeesshaUbo donebyhand.
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S.~1,ccatte<:tcdbythccor\$trucuonp1ocensJ'!aQOedce11-roo1 fcr"J!12edtopromotebetto,t>ealthandvigor.
6. C<,mpaction0111>er001zoneshal0eavoldeat,ysprelldlngJ-4" o! mulch. Mulch shall tie kept 6" MIN away lrom see trunk.
7. Du1ingh<rt,dryper1ods.1,cctoliagcmt1ynecd10bcwashca
wi1hh,ghp,essurewa1crto,emoW1consttuctiondust
a. A.htrenehir.g.oluti~11es, lmgatlonandllghllngshaffnolcncroach withinthocfilicalrootzoneunlossapprovedbyCOuntyo!Santa
Barbara·s reprer;entative.
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City of Carpinteria Coastal Vista Trail
CarDinteua,CA..93013
Demolition Plan
CITY OF CARPINTERIA
PARKS DEPARTMENT
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DIRECTOR PARKS & RECREATION SIGJIIATURE
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FOR REVIEW ONLY
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City of Carpinteria Coastal Vista Trail
Car0in1cna.CA,93013
Grading and Material Plan
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- - ~m,1so!workline
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Material Notes __
1. Con!ractor shaQ p,ov,dc.t 4'~ 4's.,mDle area of s.l.ibolllcd OG wilhlorapprovalbyLandseapeAreh,teetandCilyf>fojcct
Manager.
Grading Notes
1. ceecs shown arc rcla1iv_c 10 e~•shng and mus! be verir.cd in the field by the C~!ractor. City pro1eet manager & Land~ape A'.chll1X:l_loreviewandapprovefreldlayou1p1iorloprocee~ing w,1hgracl,ng.Anyne_c cssaryadJus1men1smade!cthcgrad,ng
must be In c.cn suhahcn with lhc City Project Manager and LandscapeArchitcctpriorloconstruction
,?. All paving shall have a m,n1mum ~~ o! 1 "lo.
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CITY OF CARPINTERIA
PARKS DEPARTMENT
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l"U•LNQM.1.-C
1$""'"0SCIII.[
' '""
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a~ ~~ *.~ , ~§ ;; ~~ t~ ~;- ; iE ., ,. g~ i,. ~
H ,. e~ s, i! !i ~~ ~t tl
H !! ~i ";" 1 ~; •s i~ ii ii~ !~~ i~~ !~i
m Ui ii~ m I,! g~~
Ill i~• .~! -~~ i;~ ~'E ill ~il as
• WOODCRETE"" RAILS fence to matcl'I (E)
SP'lcing!obevcrihcdw/C,ty -~ ~- ... n
I - . - - I
I -- J k--,~
t :~~~ t2"DIA. TYP.
0 WOODCRETE"' RAILS Fence
loot11ig:na11vcsoll,;orr,c,acied!o95% l --- relat~compadron p--e.-r:-,:-.,;;~tampedg,avel vanes c see plaercr srzes
0 Sandstone Boulder Setting ,, i~ it jl.9
'
I la
ndscape(lualitysandsloneboulder
srae vanes v sce praorcr sees
setbo\Jlde,;,1wides1poinl
tap~Qlpa..,;ngperplan
90"1, compacted ~bgr.:,de belcw
boukter,no11nad1aeen1plantlngarea
adjacent caving
12"MIN11ggrog.it11b,1ci<tiH lollerlabr,c g~{1!~fg~ ;;;!• ~fi!~~ ~~~06u~ ie!'.0;%Jtio~~I stone,,lrequ,red.tomatchsi1estoneincolor. shapeands!ze.stonasizesvarles 3"olba l1erlorevery 12"olwalheight adjacentOGp.,th comoae1cdsubgrade
~
______ 6"!hlckdecomµos~d
g~ani1c"C!11•to,nia Go"!"
w.1hs1ati..ir.:erlromG;ul
Mateualst909J2?9-1095.
slopetodra,n,_d1rectionol
slopepcrgr;iding plan
12"v.1deshou lder.slope
3-<.aw;ryt,ompalhon
bothsideso!pa!h
I ~ ~~ · I tl I ~~:;~:a~~~r:.~~ :iJ • · ~~~ :~Pi~ay o, brown. _:! -"---steelstake,secur ewr:h '' 2SSTL sc rews eve ,y 18".alternatestake:;o" EA.sioeolheader .-ti------ a~em atlngheader stakcbeyond
~------ 95• .• cornpHcted
~ubg,:rde
w.rs. 0
OG Patli w/ TREX Header
REV
0510612020
DATE !oesCR1PiioN
DESIGN JI.
ORAv.N JI. ~ ..
~:~'.._;:·:::.i:: .. ~~:.:·: ·:·:.:: . .',::: .•
OIRECTOR PARKS a RECREATION SIGNATURE
FOR REVIEW ONLY
City of Carpinteria Coastal Vista Trail
C;ui,intcria,CA.93013
Grading and Material Details
CITY OF CARPINTERIA I S
CALE· P<IOJ.
19-10
PARKS DEPARTMENT
WARNING
~
=• "' . REVIEWEO. """ ·"' ~,Jr~~ - PAAl(SOflEClOfl: L 1.2 - ,
a~ ~~ *~ !~ •! o~ ~i ii 11 ii !! ~I ~~ ea !!
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egend
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0 10 ~OFT
---
Water Budget Calculations
N
C)
property line
(E)t,eelorema,n
~ point of connection
ma,np,pc:w,1hdetec1ablecolorlocator1ape
newlaleraliinepipe
slcevepipc!ormainp,pc,lalcralprpoand1rrigationwi11ng
(X)<') lemporarydripi111gationforplan1establ1shmcn1
1rccbubblc,vafvc
dripvalvo
trcebubblcr;lwopersymbol:AWSMB1402
quick coupler valve
Irrigation Notes
note:Ca111andi;;capearchitecl48hours!nadvanceofaUpressuretei.ting, covera,;Jetests,ors!milaronslteobservations.
l. i~~:~lf;: ~1!~::~i,tf~!£!~ii~)~i~~fr~;;~~~;~~i;rrl~ti~·1~v~d plant,ng.Coord,natelociltionofbubblers,valves,andp,peswiththeplan!ing.
2. II is the 1ntenl o11hlsplantoprovideadequate_lrrlgatle>n!oallpl_a~ting areas.Contractor shall be re~ns,blc 101 making any and all ad1U'S!ments to the 1mga!1on system necessary101nsurc100"/4imgat,oncoverageo1plan1'ngareas.
3. Dgnot1nstalllhei1rigationsys1e~asindica1edon1hedrawingswhenit,sobviousinthe 11eldthalobs1nic?1onsorgradod11ferencesexistandshouldbebroughttolhc,11tcn!10n o!thcLandscap~Archl!et:l.
4. lnstallthe1rrigationsysteminaccordancewithalllocalcodcs.
5. Priortothc1nst11Ua!1ono!irriga1,o,,systcm. Cont,ac1orshalfvenlys1aticpressureat pointo!conncc1,onandrcpo,1anyd1scropanc,cstotheLandscapoA.rch1tec1.
6. Pip!nginstalledundcrpathwavsorpavcdareas.throu9hwaUsor!ooUngsshallbo placed msre e so:hedule 40 PVC sleeves or adequate srze to allow rrce movement ct lhc pipe in 1he sleeve. Prov,de sleeving !or mainline below dtiveways. sidewalks. and walls.
7. Flush all lines lo, m~x.,num per!o,mance. Call Landscape Architect 48 hours ,n advanceolcovcragetcsts.
8. Adjus1l1owcont,~slorpmpcrpcr!ormanceandvalvelongevity. s. lnstaH!lushcndvalvesa!thcendso1all112'.polycthylenc~nppipeinroundvalvc boxes w,rh gr;1vcl t,n in planting area. Coordonate loca?,on w,t.h Landscape Architect.
10.1,ii--gt~:~n,;::~lk~e burled a11he following minimum deplhs ~~g ~~:!~~~ ;~~11~~:~~-24"
11.Limitdisturbance1orooliancofcx,stingtrcesbyinstamngpipingal_thecdgesof planterswhereposslble.Donollrenchacrossthcrool2oneo!exist,ngtrees.
12.Sce. ir_riga_tion cquipmen1 schedule for a comp_lcte dcsaiprion of all symbols shown on lhe,rngat1on_plans.Moun1controllcrperplan,nlocationapp,ovcdby1he0wner's Flcpresentat,ve.
13.Cleanuponadailybas1sperC,ty-sReprescntat1ve'srequiremenls
14.Conlractorshallprovidcanas•buil1planuponinslal!ationcomplotion. 1S.Ce>n1rac_tor shall guarantee materials and workmanship tor 1-ycar from acceptance o1 mslallil~on.
16.Prlortoins1ana1io~of1helrriga11onsvs1em.contractorshall_s1akcpathodg1ngfor approvalbythcC,typrOjectmanagerandLandscapeArdi,tect. Pa!hci;!g1ng:;hall rema1nma1kcddur,ngimga1ionsys1eminslaRa11on.
SoilT)'.E_e:
hom USDA Soil Natural Resources Conservation Serv,ce =
MeC • Milpilas•Posi!es lone sandy lo11ms, 2 lo 9 percent slopes Irrigation System Design Criteria:
static p1essurc @ cily maln~ne lo be verified In eoordlnahon with the Clly. prcssu1e regulator ouUe1 dynamic pressure: 70 PSI (regulated. VIF w/Ci!y) dynam,cpressurc@_imgat,onsp,ayheads:40PSI
ma-•mum11owvc1oc,ty: s ueee.
REV0
5/0612020
DATE -·· tCESCRIPf!ON
sv~
..... ~. ,, V_.\f 1.,0,u)n 1 .. ,,,,al~•f11,
1 • .,,1 ... , ••• ,, ...
01REcToRl'ARK"s'& RECREATION SIGNATURE
FOR REVIEW ONLY
City of Carpinteria Coastal Vista Trail
Ca,p,ntcria,CA,93013
Irrigation Plan
CITY OF CARPINTERIA
PARKS DEPARTMENT
PARKS.□IRRiOR ·"
SCALE:
WARNING
O'
~ fl-OSIIA<>l>Of&~01
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1_9-19_
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.,.,--•-·---- --- -l :::::atenal
~--- clean backfill• site soil. compacted
-
10 85% rela\lve compaction
non-pressu1clateralp1pc.1t1nsametrench
-
.-- de1eciabte1apc
ImgatIonsupplymaIn
_,......-- cont'.ot wirc -.bundle & tape at 10' QC
andmstan adJacent1opressuresupplyline
0 Pipe and Wire Below Pavement
finish
grade
c:leanback!rll•sitesoil.
, ~____L...,....._ 85% compaction required
~ I · · - I __,.,.- in landscape areas
~g ~
J._ ,
,.
0 Pipe and Wire Below Landscape
non-pressure lateeal ptpc
detectable tape
pressure supply main
controtw1rc•bundle&
+------ tape at 10' QC and install
adjacen.ttopressure
supplyhne
N.U.
NTI'.
frnishgrade/topolmulch
quick-coup~ng valve
6" DIA. valve box with cover
3•inchminimumdcp1h
ofJ/4-inchwashed
S~11o!2)
PVC SCH 40
~·· ,. ,,. red '""""
~
L famish littio . ~•"~" ,~:;.:::'• WI
~
edq,ici< roJ;li:;•,:::ei~,,rilh same o . ,,,::;:::-•lcol'"P..,:;•mo< ',, ... ''"· ='"'"' N.fs.
note:
t. soil level in _planter areas lo be brouaht lo ~ 1/2" below urushed grade and property compactcdprior1othems1ana1ionofdnptub1ng
2. install drip tubing as indicated in the drawings. secure with wire hoop slakes every S' OC
3. backlill 4"0! soil over the tubing aUerinstalla1ion o! 111etubing note·
t.,nsta!manualllush
vatveat1hccndol
each tu-bing section
2.instanaorrcficl
valve per detail at
high points of each
tubmgseciion
0ln-fine011pLay0ut
1 .):- I· :i=lj ., . ,1 ~ ffi 11: . l·el , ,;,, ~ HUNTER PLD--06-lg.,K.R _.! I ~: • ! 1!- . •. ·1 • :._ :~r:;:
. T I I : ;:e p~°: ,:::aci~
0 Below-grade Tree Bubbler
finish grade
<-------- remote control
valvcwtthclisc
fil1crandprv
cvc succfv heaeers.ze cer plan
' 1111 Ill ::~;;::~D--06-18·1K-R
in-linedriptubinginrows 18"0C
arcapenmc1er
n 111 pvc or poly exhaust header
perimeter laterals
2"to4"11omcdgc
manuatflushvalvc
pJumbedtopvcorpoly
N.T-:S.
4-,nch gra1c {mciudcd)
HUNTER adj. bubbler nozzle,
model: AFB
hnishgrade
cheekvalve•sec
equipmenlschedule
sand sock - use in sandy soils
112-inch pvcsch BO nipple
112-inch 90-clegrcc elbow
12-1nchswingassembly
112-inchmalcnptinlcl
PVC SCH 40 tee or cl
lateral pipe
4-mch basket weave canister
~
i1,
(~
brick ~~~~,1 EA. 1 CU. FT. pea gruvel sump
0 Drip Zone Conlrol KitA&i.embly
plastic val\/Obox & cover
:a;~~~t~~6~~~ i~;• (NOS
edenstons dcwn to main depth.
tinishgrade
ball valve: SPEARS,
11ueunion,2"1hreaded.
brass threaded nipple
brass union
--- bnck support, TYP.
3"gravel bed
compac1cdsoi!
N.(S.
1"x3/4"SCH40reobusningTrT
con1rolwircswith 12"MIN. service coil
and waterproof wire splice connectors
PVC male adapter (TYP.)
finished grade
PVClateraltinesee1mgat101'1
schcdulelor dcp1h
gravcl(l CU.FT.)
A , PVC tee or elbow {TYP.)
notes
~~
0 ~ans. legend and speoliealions for additional ,ns1ana1Ion 0 Tree Bubbler Valve A5&emb1y
N.l.S,
DA""""' -TE '° !DESCRIPTION
DESIGN _A.
~~ i
~
\',\I \ari\11• \,,,,..i.,tr, 111,
DIRECTOR PARKS & RECREATION SIGNATURE
FOR REVIEW ONLY
City of Carpinteria Coastal Vista Trail
Carointena.CA,93013
Irrigation Details
CITY OF CARPINTERIA SCALE: ~OJ. 1~10
PARKS DEPARTMENT WARNING
~ '"" 6 "' '
REVI EWE O OATE ·" ~Jr~~o "" L2.1
A ll ID E.o. 5 , D E S IG N .A RAA >l G E M EN I S M D l' LA tlS IN D IC A T E D O R R E P R fS f N I E D e v Tttl S O P.A W IN G A R E O W N E D a v . A N O T H E l' R O l' E R IV O f V A N A TT A A S SOC IA T E S t~ C . Ali D W E R E C RU. T E O , E V OL V E D A ND O E V E lO l'f O f O R U S E O U . A N O W C O >N f C T IO N W lll< ! H IS P RO.IE C T . NO N E O f S UC H ID EA S . D ES IG N A A RA '-I G f!,! f N T S .O R P l,\. V S S HA U S f U S ED e v , O R D I S C l O S E O T O A llV P E R S O N , F ll l, 1.1 O R C O R P O RA T IO N F O R A >l V P U RPO S E WHA T S O EV E R W m<O U T m e W Ai n EN P E R M IS S ION O F V A N A O A A S S OC IA T E S . flU S O T>< E S E D AA W .,. 'G S O R S 9 f C !fl C A TIO N S W I T >l A 'l Y P U 8 ll C A O E >l C Y IS NO T A P U!l llC A T IO N O f S A M E. NO C O l' Y W G R E P RO O UC IIO N O R U S E l>l E R E O F IS P [ R M I S S IB lf w mo u r ll< f w 11 1 n e >1 C O N S E N I O F Y A II A IT A AS S OC LA T E S ec. 6 2
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set crown l"aboYegr.ide
Mrdsc:Jping/ hcaclcrboard "'-. /
shredded woocMcat mulch
1 .... :. , / (se.epl;,n11r,gnote:>)
_~ ~ ·, '' •.· '\ ~I 11' " I'• ""
MIN.3',f'l.llch
ket,p away tram c,own
finishgradl:!
backlil;,lpLY,ls
assp,:aticd;TYP.
lighUy=,rity
rootballsur1ac:c
0 Shrub m Slope Plantm, se<;1
lon ~-
5el!;rOwn1"
abovegrade
mulch under shrubs
•crowntorema,nelear
iir>dfrccofmulch
temporary4"bcrm
lmi:;hg,ude
TYP.baekf,I
al!llantsas~d
t,ghttyscanly
roolbansurlace
2~ AOOTBALL -,
~
""" ~r f~~~
:;::g:..m~:~oots
lns1alingl1eeslakes.
2.tow.itcr,backt,WSO"{. . ,rriga1e.thencomol ctebackl ill locate rubber Mraosasshown ~ate2"DIA.lreil!ed lodgcpolec,ossb1..ces. Wlovertapedends.on oursldcotstakesi<'!2/3
he,gh10111unk
---- r~et~it;!1es. subgradeoutsiderootb.ill.
__..---- ecate ecwov eeove
c~1stin99radc
N.TT -~ . 1,n,st>grnde deepened shovel
eu1edge
backl••·secsoecilical,ons
andso,1s,epor1
l(ghllysea11!yroo11wM•se1on lumpllbo nom
Nol..,.
mulchundcrtrecsandsnrubs&blcnd1nlogroundeovcrJreas
OMulchlnst.illahon sc,:
t,on
-N.f.s_
Tree Plantin & Rootball Stak1n ~ ~- REV 05106''""
DATE - JoescR"iPTION
~ \',\I '•1111141 .. , .. ,~1,.,1,.,
FOR REV1EW ONLY
City of Carpinteria Coastal Vista Trail
Cal"0inte<,a..CA.S3013
Planting Details
CITY OF CARPINTERIA
PARKS DEPARTMENT
SCALE:
..........,
~flll!l ...... -S"Cll
""-~,.dil;tm19:.~
... 8
o, 8 L3.1
City of Carpinteria
Gour,rcrr- Aceruoe Srarr Reponr
March 27, 2023
ITEM FOR COUNCIL CONSIDERATION
Legislation position letter opposing lnitiative 21-0042A1, a proposed state constitutional amendment to limit the ability of voters and state and local governments to raise revenues for government services (l nitiative).
STAFF RECOMMENDATION
Direct that a position letter for the Mayor's signature be prepared for submittal to state representatives consistent with the request and sample letter provided by CalCities.
Sample Motion: I move to direct that a position letter for the Mayor's signature be prepared for submittal to state representatives consistent with the request and sample letter provided by CalCities
BACKGROUND
From time-to-time the City Council elects to take positions on state or federal legislation As a part of regular Council meeting agendas, information from the League of California Cities (CalCities) is included and the Council has the opportunity to:
. Request that a legislative matter be scheduled for consideration as a part of a future Council agenda.
. Authorize the City Manager to submit a position letter on behalf of the City.
The purpose of this agenda matter is to allow the Council to consider requests from CalCities for cities to oppose a ballot initiative currently scheduled for the November 2024 statewide election.
DISCUSSION
The lnitiative would make it more difficult for voters and local governments to raise revenue for local government services and create significant uncertainty that could lead to fees being challenged in court. Attachments B and C, are the Attorney General's Title Legislation Position letter
March 27,2023