AGENDA
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, November 28, 2022 – 6:00 p.m.
Mailing Address: Ceres City Hall, 2220 Magnolia Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780
CALL TO ORDER
Mayor Lopez
ROLL CALL
Mayor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1); Vacant (District 2); Mike Kline (District 4)
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 54 953, SUBDIVISION (e) OF THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.), CERES RESOLUTION NO 2022-137, AND THE FEDERAL AMERICANS WITH DISABILITIES ACT. WHILE THIS MEETING WILL BE PHYSICALLY
OPEN TO THE PUBLIC, GIVEN THE STATE OF EMERGENCY REGARDING THE THREAT OF COVID- 19, MEMBERS OF THE PUBLIC MAY ALSO PARTICIPATE AND COMMENT VIA THE APPLICATION, ZOOM.
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AGENDA
Regular City Council Meeting
November 28, 2022
INVOCATION
Invocation by Jim Stochl, Harvest Presbyterian Church.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Mayor Lopez.
PRESENTATIONS
A. Present Certificate to La Morenita for their 50
th Anniversary
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).
While the City Council welcomes and encourages participation in City Council meetings, adopted rules allow no more than 5 minutes (Resolution No. 2007-106) for expression of non- agenda items. Matters under the jurisdiction of the City Council, and not on the posted agenda, may be addressed by the general public; however, California law prohibits the City Council from taking action on any matter which is not on the posted agenda unless it is determined to be an emergency by the City Council. Citizens are entitled to address the City Council on any agenda item subject to the 5- minute provision.
APPOINTMENTS TO BOARDS/COMMISSIONS
None
CONFLICT OF INTEREST DECLARATION
CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by a single motion unless otherwise requested by an individual Councilmember or public for special consideration.
Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.
1. Clerks Report of Posting. The A genda of the November 28, 2022 City Council Meeting was Posted on Tuesday, November 22, 2022. (City Clerk)
2. Waive Readings. All Readings of Ordinances and Resolutions are Waived. (Waive readings in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (City Clerk)
3. Approval of Minutes for the November 14, 2022 Regular City Council Meeting. (City Clerk)
4. Register of Audited Demand(s) Dated November 9, 2022 through November 16, 2022. (Dias)
AGENDA
Regular City Council Meeting
November 28, 2022
5. General Correspondence – Information Only
a. Public Works Monthly Report for October 2022 (Royal)
6. Resolution No. 2022-142, Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment. (City Clerk)
7. Consideration to Cancel the Second Regularly Scheduled City Council Meeting of December 26, 2022 Due to the City Holiday. (City Clerk)
8. Resolution No. 2022- 143, Approving a Professional Services Agreement with Ontel Security Services, Inc. to Provide Private Security for Facility Rentals and to Patrol City P arks, and A uthorizing the City Manager to Execute the Agreement. (Chavez)
9. Resolution No. 2022-144, Rescinding Resolution No. 2020-125 and Adopting an Amended Conflict of Interest Code for the City of Ceres to Update the List of Designated Employees and Disclosure Categories for Filing of the Fair Political Practices Commission (FPPC) Statement of Economic Interests Form 700. (City Clerk)
10. Resolution No. 2022- 145, Approving Local Retainer Consultant Services Agreements for General Civil Engineering, Traffic Engineering, and Administrative Services, and Authorizing the City Manager to Execute the Agreements. (Waugh)
11. Resolution No. 2022- 146, Approving the First Amendment to the Intergovernmental Cooperation Agreement for the Stanislaus Urban County Community Development Block Grant Program and an Update on the Stanislaus Urban County Requalification Process and the Formation of a New HOME Consortium, and Ratify the City Manager’s signing of the First Amendment to the Intergovernmental Cooperation Agreement for the Stanislaus Urban County Community Development Block Grant Program. (Hoem)
12. Resolution No. 2022- 147, Approving the Use of ARPA Funds for Part -Time Employees that Worked During the COVID-19 Pandemic. (Vasquez)
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
UNFINISHED BUSINESS
PUBLIC HEARING
None
AGENDA
Regular City Council Meeting
November 28, 2022
NEW BUSINESS
None
DISCUSSION ITEMS
None
COUNCILMEMBER REFERRALS
Councilmembers request to have an agenda item placed on a future agenda. (Pursuant to Chapter 2 - City Council Meetings, J-8. City Council Referrals/Determination of Items for Agenda.)
REPORTS
At this time, any Councilmembers or City Staff will make an announcement, or report briefly on his or her activities.
• Mayor
• City Council
• City Manager
• City Attorney
• Departments
• County Supervisor
CLOSED SESSION
13. Liability Claims, Cal. Gov. Code §54956.95
Claimant: Lizandro Barragan
Agency Claimed Against: City of Ceres
14. Liability Claims, Cal. Gov. Code §54956.95
Claimant: Leo Barragan
Agency Claimed Against: City of Ceres
15. Liability Claims, Cal. Gov. Code §54956.95
Claimant: Lourdes Barragan
Agency Claimed Against: City of Ceres
16. Liability Claims, Cal. Gov. Code §54956.95
Claimant: Lorenzo Barragan
Agency Claimed Against: City of Ceres
17. Liability Claims, Cal. Gov. Code §54956.95
Claimant: Salvador Barragan
Agency Claimed Against: City of Ceres
AGENDA
Regular City Council Meeting
November 28, 2022
18. Liability Claims, Cal. Gov. Code §54956.95
Claimant: Salvador Barragan
Agency Claimed Against: City of Ceres
REPORT FROM CLOSED SESSION
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on December 12, 2022 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA
Council Agenda:
The City Council agenda is available for public review on the City’s website at www.ci.ceres.ca.us
and posted at the time and places noted above.
Related Materials:
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2220 Magnolia Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538- 5731.
Notice regarding Americans with Disabilities Act:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s office at (209) 538- 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II)
AFFIDAVIT OF POSTING
I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Tuesday, November 22, 2022, at the following locations in Ceres:
• Community Center Display Case – 2701 Fourth Street
• City Hall Display Case – 2720 2
nd Street
• City Hall Display Case – 2220 Magnolia Street
__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk
ITEM A
DRAFT MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
(via ZOOM and in person)
City Council Chambers, 2701 Fourth Street
Monday, November 14, 2022 – 6:00 p.m.
Mailing Address: Ceres City Hall, 2220 Magnolia Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780
CALL TO ORDER
M
ayor Lopez called the November 14, 2022 meeting to order at 6:00 p.m.
ROLL CALL – Present:
Ma
yor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1) and Mike Kline (District 4) Note: District 2 - Vacant
District 1
Councilmember
Casey
District 2
District 4
Councilmember
Kline
District 3
Vice Mayor
Silveira
Mayor Lopez
Present VACANT Present Present Present
INVOCATION
I
nvocation by Pastor Tim Giannosa, Big Valley Grace Church.
PLEDGE OF ALLEGIANCE
P
ledge of Allegiance was led by Mayor Lopez.
PRESENTATIONS
A. Lun
g Cancer Awareness Month Proclamation
Mayor Lopez presented the proclamation.
City Council meeting was conducted in accordance with California Governor Newsom’s Executive Orders N-20-20 and N-35-20 and COVID-19 pandemic protocols. This meeting was open to the public with limited capacity seating.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
November 14, 2022
B. Small Business Saturday Proclamation
Mayor Lopez presented the p roclamation to the following members of the Ceres Chamber of Commerce: Brandy Meyer (President), Amy Medina (Admi nistrative Assistant), and Irene Ortiz (Board Member) for Small Business Saturday.
C. Presentation by Kaylee Brown and Esperanza Gonzalez for the Center for Human Services.
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)
E
ric Goman spoke regarding a man feeding stray cats in a park near the Eastgate neighborhood, an incident at a gas station on Carpenter Road and an incident at a gas station on Mitchell Road.
John Warren thanked City staff for the Military Banner ceremony, installing the banners and displaying the POW/MIA flags.
APPOINTMENTS TO BOARDS/COMMISSIONS
D. I
nterview Process for Appointment(s) to the Planning Commission (Hoem)
Council and staff discussion included when the appointments would be made, the expiration of the other members’ terms, when the next Planning Commission meeting is scheduled and who will be on the interview panel.
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comment.
Action: M
otion by Councilmember Kline , seconded by Vice Mayor
Silveira, to have the Mayor and Vice Mayor sit on the interview panel. Motion carried 4/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes
CONFLICT OF INTEREST DECLARATION
N
one
CONSENT CALENDAR
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
November 14, 2022
Consent Calendar item 6 was removed by Councilmember Casey.
Action: M otion by Vice Mayor Silveira , seconded by Councilmember Kline, approving items 1-5 and 7-9. Motion carried 4/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes
1. Clerks Report of Posting. The Agenda of the November 14, 2022 City Council Meeting was Posted on Tuesday, November 8, 2022. (City Clerk)
2. Waive Readings. All Readings of Ordinances and Resolutions are Waived. (Waive readings in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (City Clerk)
3. Approval of Minutes for the October 24, 2022 Regular City Council Meeting. (City Clerk)
4. Register of Audited Demand(s) Dated October 19, 2022 through November 2, 2022. (Dias)
5. Resolution No. 2022-140, Authorizing the City Manager to Approve Payment to Don Pedro Pump for Emergency Repairs Performed at Water Wells 22 & 41. (Royal)
6. Motion Accepting the 2020- 2021 Measure H Financial Report for the Period Ending June 30, 2021. (Dias)
7. Motion Accepting the 2020-2021 City of Ceres Audited Financial Statements and Audit Report for the Period Ending June 30, 2021. (Dias)
8. Resolution No. 2022-141, Approving Amendment Number 1 to an Agreement for Economic Development Services with Chabin Concepts, Inc. and Authorizing the City Manager to Execute the Amendment. (Spade)
9. Final Adoption of Ordinance No. 2022-1073; An Ordinance of the City Council of the City of Ceres Amending Title 9, Public Peace, Morals and Welfare, of the Ceres Municipal Code to Add Chapter 22, Adopting a Military Equipment Use P olicy. (City Attorney)
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
November 14, 2022
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
Item
6: Removed for separate consideration by Councilmember Casey
Councilmember Casey spoke regarding the way Measure H money is being spent.
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comment.
Action: M
otion by Vice Mayor Silveira , seconded by Councilmember Kline, approving item 6. Motion carried 4/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes
UNFINISHED BUSINESS
N
one
PUBLIC HEARING
N
one
NEW BUSINESS
N
one
DISCUSSION ITEMS
N
one
COUNCILMEMBER REFERRALS
N
one
REPORTS
At this time, any Council members or City Staff will make an announcement or report briefly on his or her activities.
• M ayor
Mayor Lopez spoke regarding the launch of the Military Banner Program.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
November 14, 2022
• City Council
Councilmember Casey recognized Recreation Manager , Joseph Chavez , for his efforts in initiating the Military Banner Program and a possible public workshop to improve communication between the City and the community.
• City Manager
City Manager Terrazas spoke regarding Code Enforcement having a full staff and a dump line dedicated to reporting illegal dumps at (209) 538-DUMP.
• City Attorney
Nothing to report
• Departments
Nothing to report
• County Supervisor
Field Representative, Russell
Fowler, spoke on behalf of County Supervisor, Channce
Condit, regarding the Ceres Community Cleanup day on November 12th.
CLOSED SESSION
M
ayor Lopez introduced the Closed Session items.
10. C
onference with Labor Negotiators , Cal. Gov. Code § 54957.6 Agency designated representatives: City Manager, Alex Terrazas and Human Resources Director, Delilah Vasquez
Employee organization: Laborers’ International Union of North America (LiUNA!)
11. C
onference with Labor Negotiators , Cal. Gov. Code § 54957.6 Agency designated representatives: City Manager, Alex Terrazas and Human Resources Director, Delilah Vasquez
Unrepresented employee: Ceres part-time extra help employees
REPORT FROM CLOSED SESSION
M
ayor Lopez reported that direction was given to staff.
ADJOURNMENT
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
November 14, 2022
The next regularly scheduled City Council Meeting will be held on November 28, 2022 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.
T
here being no further business, Mayor Lopez adjourned the meeting at 7:15 p.m.
_____________________________
Javier Lopez, Mayor
____________________________
By Cristina Aguilar, Deputy City Clerk
for Fallon Martin, City Clerk
Cons
istent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda center.
ITEM 3
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: November 28, 2022
TO: Mayor and City Council
FROM:
Alex Terrazas, City Manager
CONTACT: Sam Royal, Interim Public Works Director
[email protected], (209) 538-5717
SUBJECT: Public Works Monthly Report for October 2022
RECOMMENDED COUNCIL ACTION:
Information only, no action required.
I. BACKG ROUND:
Outlined below are the significant actions performed by the Public Works Department for the month of October 2022.
FACILITY SERVICES
• Completed 177 Facilities Maintenance work orders including: 124 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs, and 53 preventive maintenance services
• Assisted with the set-up and event support for Community Development at Ochoa Park for a citizen's feedback for the future design and completion of Ochoa Park • Assisted Don Pedro and La Rosa Elementary schools by loaning them two light towers for their Fall Festival events
• Assisted with SCADA improvements, troubleshooting, and repairs to Well controls for Park’s irrigation improvements, Streets’ lift stations and Water’s wells and communications
• Continued clean-up of homeless camps/debris at Independence Park and Roeding Park.
Maintenance activities performed by one (1) Supervisor, one (1) Senior Facilities Maintenance Worker, two (2) Facility Maintenance Workers, four (3) Custodians, with two (2) Custodian vacancies.
FLEET SERVICES
Completed 104 work orders
ITEM 5
Fleet, Department 20
• Took out of service (budget replaced) Ford F150 from facilities & serviced vehicle to be used by code enforcement, temporary.
• Started repairs on Wastewater’s VacCon, hydraulic motor rebuild, currently pending parts.
Fire, Department 15
• N/A
Police, Department 10
• Repair Harley trainer bike
• Replace driver door on unit 115, hinge attachment failure, used door from out of service explorer.
• Start build of new K9 unit
Streets, Department 30
• Service both sweepers and rebuild/replace rubbers -brooms on pickup heads, replace repair debris screens in hopper.
Water, Department 35
• N/A
Parks, Department 40
• N/A
Wastewater, Department 25
• New large service truck was put into service
• Ramjet pto driveline was repaired/replaced
Facilities, Department 41
• N/A
Emergency and non-emergency City vehicles and equipment is maintained and repaired by one (1) Supervisor, one (1) Sr. Maintenance Mechanic , and two (2) Maintenance Mechanics.
LANDSCAPE MAINTENANCE
Completed a total of 255 service requests in the following categories:
• Bike Path Repairs: 2
• City Grounds Maintenance: 18
• Park Landscape and Maintenance: 129
• Parks Landscape chemical usage: 0 gallons Parks / Grounds • Playground and Equipment Repairs; All parts for several playgrounds ordered 120- day plus on arrival
• Playground and Equipment Inspections: 0
• Right of Way (ROW) Irrigation Repairs: 27 sprinklers and 2 valves ITEM 5
• Park Trees: 39Trimmed
• Tree Customer Requests (Tree or Limb Down, Trims or Removals): 38 • Parks sprinklers repaired or replaced:
• Barry Grove – 0
• Costa Fields – 0
• Don Pedro – 1 vandalism
• Independence –2 vandalism
• Neel Dog Park – 1 maintenance
• Neel Park – 2 vandalisms
• Persephone – 3 maintenances
• Redwood – 2 maintenances
• Riverbluff – 5 maintenances, 1 pop off
• Riverview – 4 vandalisms
• Roeding Heights – 0
• Sam Ryno – 1 maintenance
• Smyrna – 5 maintenances
• Strawberry – 6 Vandalism 2 valves
• Whitmore – 0
• Parks General Maintenance/Repairs:
o Maintenance on 9 Wells for winter
o Steam cleaned covered areas of River Bluff, Sam Ryno and Smyrna o Graffiti removal at Sam Ryno (4), Strawberry (5), River Bluff (4), Roeding (3), Neel (3), Persephone (1), Smyrna (8), Berry Grove, Don Pedro and Independence (2) parks
• Total Graffiti Vandalism & Repair cost is $5,800.00
• Grid Prune by West Coast Arborists (WCA)
o Grid # 3 2020-2021 100% - Complete with 2,343 trees pruned o Gird # 4 2021=2022 99% - Completed with 2,450 trees pruned so far o Grid # 2 2022 – 2023 Started in July 45% completed
o Grid # 1 & 5 uncompleted with a total of 8,571 trees unpruned o Pending: 167 High Risk, 11 Removals and 56 Trims from July o Grid Prune on hold
Grounds
• Rights of Way (ROWs):
o Hatch Road - Code Enforcement involved due to property damages, boulders moved, and trees cut down by homeowners. Still awaiting approval from Engineering to approve “No Parking Signs” in City ROW or Boulders
o Faith Home replaced 2 backflows stolen 2 replaced 2 more stolen again o Re-staked 6 trees along Eastgate and 6 trees along Fowler Road; 5 trees damaged by vandalism
• Strawberry Park:
o Repaired 2 valves on west side
o Repaired air valve for well improvements
o Replaced 32” feet of 3” mainline from well
• Independence Park:
o Repaired well due to vandalism
ITEM 5
• Sam Ryno:
o Closed off 2 to 5 playground due to vandalism. 6 to 12 months on delivery • Smyrna Park:
o Re staked 4 trees along Presidential walkway due to vandalism • Riverview Park:
o 6 to 12 Playground damaged due to fire in slide, parts ordered possible 6- month delivery time. 6 months + on delivery
• Whitmore Museum:
o Getting estimates on removal of elm tree
o Elm tree is dying in front WCA and Grover ($8,600) to look at tree • River Bluff Park:
o Playground area - replaced 2 sprinklers due to vandalism o Repaired fence to lower area due to fire 6 times
o New fence and gate installed
o Brush hogged trimmed trees lower area
o Installed directional signs around pond area Lower Bluff o Wiring damaged by contractor Repaired
o Cross country had two days of races on lower bluff
o Trimmed trees at entrance for new generator for well
• Guillermo Ochoa Park:
o Ongoing maintenance of Carousel and Merry-Go-Round
o Repaired carousel damaged by vandalism 2 times
o Removed Merry-Go-Round wheel due to Vandalism, parts arrived to be repaired soon.
City Parks landscaping and maintenance is performed by one (1) Supervisor, one (1) Sr. Parks Maintenance Worker, three (4) Park Maintenance Workers, and one (1) part- time Maintenance Worker.
SOLID WASTE & RECYCLING
The Leaf and Limb collection started for the season on October 1st and will end on January 9th.
Highlights of solid waste and recycling collection by Bertolotti for October 2022
Residential…………………….… 1,158.49 tons
Commercial……………………… 1,408.54 tons
Illegal dump……………………… 1.94 tons, 9 locations
Bulky items…………………….… 42 tons,127 locations
Leaf/limb ……….…………….… 104.33 tons
Street Sweep………………….… 40.41 tons
Residential Organics…………… 458.38 tons
Commercial Organics…………. 330.47 tons
Residential Recycle………….… 176.95 tons
Commercial Recycle …………… 3.16 tons
C&D (Construction/Demolition Debris) 22.21
Used oil…………………………… 592 gallons
Used oil filter……………...……… 50
ITEM 5
• City staff collected 5 illegal dump sites in the City’s non-right-of-way locations. • There were 2 garbage cart storage violation notices issued in October. • There were 35 organic cart contamination violations issued • There were 5 Recycle cart contamination violations issued • There were 4 Leaf & Limb collection violations issued A reminder about the upcoming free community disposal day for City of Ceres customers that is scheduled for Saturday, February 4 th at the River Bluff Regional Soccer Complex Parking lot from 8am to 12:45pm. Ceres residential garbage customers will be able to dispose of large items such as furniture and appliances, e- waste, waste tires (up to 9), and old mattresses. This event is being funded through a Department of Transportation Clean California Grant. Outreach efforts to promote the event will include: newspaper advertisement, social media posts (Facebook & Instagram), the City’s website, a flyer in the January utility billing, a message printed on the utility bills, a written article in the Ceres Courier, as well as a comprehensive outreach program conducted through the Department of Transportation’s information distribution channels.
The city recently received a Local Assistance Grant for SB1383 program implementation requirements. SB 1383 procurement requirements mandate that the city purchases and distributes 3,915 tons of compost annually. Working with the local farming community, the city has developed a program to purchase the compost from Recology and allow farmers that submit a request to pick -up and transport directly from the facility to their operations. This program has allowed the city to exceed its compliance requirements as well as provide an additional resource to local farmers. As of November 4 th, the City has
procured and distributed 10,216 tons of compost to area farming operations using the grant funds.
Beginning the week of November 7
th, the city will now offer its residential customers free compost and mulch. Residents can pick up either or both products at River Bluff Regional Park parking lot during the park’s open hours. The compost and mulch are self -serve and residents must bring their own containers/vehicles and shovels to collect the material.
The program is funded by the SB1383 local assistance grant the City received to assist with procurement requirement mandates but will also serve to compliment the City’s turf rebate program and aid with water conservation efforts.
Solid Waste Division work is performed by one (1) Administrative Analyst.
STREETS SERVICES
• Staff responded to a total of 86 customer service requests • Responded to 289 Underground Service Alerts (USA) markings • Repaired 51 streetlights
• Deployed message boards 5 times for Ochoa Park workshop • Deployed message boards 3 times for Trunk or Treat event • Performed 4 excavations for the Water Division
• P erformed traffic control E/B Hatch at Central for WCA • Responded to 5 illegal dumps
• Please note the Streets Division has been down one staff member since January due to workers comp injury
ITEM 5
City Streets Division maintenance is performed by one (1) Supervisor, two (2) Sr.
Maintenance Workers, six (6) Streets Maintenance Operators, one (1) Street Sweeper Operator and (2) part time Street/Code Enforcement Maintenance workers.
WASTEWATER (WWTP)
• Responded to 9 customer service requests and 28 sewer problems, during working hours and after hours
• Staff responded to 3 Smart Cover alarms that prevented Sanitary Sewer Overflows (SSO’s). There was (1) SSO in October
• Serviced or Repaired:
o Lift Stations – 15
o WWTP Equipment – 14
o Main line sewer plugs – 2
o Aerators – 1
• Staff perform ed weekly landscape maintenance, weed abatement, and levee erosion control
• Staff checked on force main to Turlock
• Staff cleaned 33,111 feet of Sewer Main Line
• Staff CCTV inspected 4,936 feet of sewer line
• Staff continues the process of updating the Wastewater Discharge Report (WDR) • SCADA Integrator, Jeff Burrows, and Wastewater Systems Supervisor, Matthew Williams, continued converting lift station and treatment plant controls to the new SCADA system
• Staff continued to retrofit and install a new irrigation pump control system and integrate it into the SCADA system
• Staff performed pond maintenance by discing & ripping ponds • Staff identified collection systems issue using CCTV equipment. Engineering assisted in organizing repair work.
• Staff removed and sent in for repairs 2 lift station pumps • Staff assisted by HR, continued to review applications for operators to fill vacant positions
• Staff assisted by Streets Department cleared plug that caused SSO and cleaned up
• Staff investigated the cause of SSO and found no issues with sewer lines. Possible illegal dump of boring or excavation mud
• Staff checked & marked 386 USA tickets, which took 55 hours; preventing contractors from damaging City sewer lines
• Turlock sewer use charges $131,716.15 for the month of September (October billing not yet available)
• Modesto sewer use charges $130,419.12 for the month of September (October billing not yet available)
• Biochemical Oxygen Demand (BOD) 159 mg/L
• Treated and disposed of 74.23 MG of wastewater with an average of 2.39 MGD Ceres Wastewater System operations and maintenance are performed by one (1) Supervisor, two (2) Sr. Wastewater Operators, two (2) Operator II, two (2) Operator -in- Training. There are still three (3) open Operator positions.
ITEM 5
WATER SERVICES
• October 2022 well production was 186.074 million gallons • Average water use for October 2022 was 6.002 million gallons per day • Water staff responded to 51 customer service requests • Water staff responded to 110 Underground Service Alerts (USA) markings • Meter statistics and repairs:
o Meters in water distribution system: 11,807
o Meters/radios serviced: 172
o Meters replaced: 46
o Meters upgraded from ¾”, 5/8” to 1”: 3
o New meter installations: 3
o Meters tested for accuracy: 0
• Total valves in water distribution system: 4,402 of which 62 were exercised • Blow-offs and hydrants flushed: 31
• Water main leaks: 0
• Service line leaks: 7
• Service lines have been replaced: 0
• Hydrants replaced: 2
WATER CONSERVATION
October 2022 calculated residential gallons used per person per day: 91.58 • Annual average is 87.36 gallons per person per day
• Responded to 41 water conservation service requests
• Issued courtesy notifications: 70
• Performed 0 water audits
• Delivered 114 water waste warnings and 5 water waste fines • Rebates Issued: Dishwasher: 1, Smart Irrigation: 1, ULF Toilets: 0, Washing Machine: 0, and Turf Replacements: 2
Total Rebates YTD: 95
The graph below shows our production numbers for 2020 in blue compared to 2022 in purple with the water reduction target of 15% in red. For October 2022, we had a decrease of 5.95% from the October 2020 production numbers.
ITEM 5
Water system maintenance is performed by one (1) Public Works Superintendent, one (1) Water Distribution Supervisor, one (1) Administrative Analyst, one (1) Sr. Water Distribution Operator, eight (8) Water Distribution Operators, two (2) Field Service Technicians, and two (2) part-time Water Conservationists.
Approved by: _____________________________
Alex Terrazas, City Manager
ITEM 5
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: November 28, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
Nubia Goldstein, City Attorney
CONTACT: Nubia Goldstein, City Attorney, [email protected] Fallon Martin, City Clerk, [email protected] SUBJECT:
Resolution 2 022-142, A uthorizing the City to Continue Teleconferenced Pub lic Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment
RECOMMENDED COUNCIL ACTION:
Staff recommends Council adopt a Resoluti on authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361.
I. BACKG
ROUND:
Governor Gavin Newsom signed Executive Order N -15-21 cl arifying that cities may continue to meet remotely in accordance with procedures e stablished by prior Execut ive Orders. On September 16, 2021 Governor Newsom signed AB 361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the r ules and pr ocedures esta blished by the previous Executive Brown Act Orders.
This bill, u ntil January 1, 2024, would authorize a local agency to use teleconferencing without com plying with the teleconferencing requirements imposed by the Ralph M. Brown A ct when a legisl ative body of a local agency holds a meeting during a declared state of emerg ency, as that term is defined, when state of local health officials have imposed or recom mended measures to promote social distancing, during a proclaimed state of emergency.
ITEM 6
II. REASO NS FOR RECOMMENDATION:
On June 11, 2021, Governor Newsom issued Ex ecutive Order N -08-21, which among other things rescinded his prior Executive Order N -29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.
As multiple variants have surged in California, the legislature has taken action to extend the COVID -19 exceptions to the Brown Acts’s teleconference requirements, subject to some additional s afeguards. AB 36 1 a llows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:
• The legislative body holds a meeting during a proclaimed state of emergency, and state or local offici als have impose d or reco mmended measures to promote social distancing.
• The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person w ould present imminent risks to the health or safety of attendees.
• The legislative body hold s a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
A local agency that holds a meeting under th ese circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown a ct. These additional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies.
Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act:
• Allow the public to access the meeting and require that the ag enda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions. • In each instance when the local agency provides n otice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment. • Identify and include in the agenda an opportunity for all persons to attend via a call-in or an internet-based service option; the legislative body need not provide a physi cal location for the public to attend or provide comments.
• Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.
• Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the ITEM 6
meeting to the public using the call-in or internet-based service option or is within the local ag ency’s control and prevents the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act’s existing challenge provisions). • Not require comments be submitted in advance (though the le gislative body may pr ovide th at as an option) and provide the opportunity to comment in real time.
• Provide adequate time for public comment, either by establishing a timed public comment per iod or by allowing a reasonable amount of time to comment.
• If the legisla tive b ody uses a third-pa rty we bsite or platform to host the teleconference, and the third- party service requires users to register to participate, the legislative body must provid e adequate time during the comment period for users to register a nd may not close the registration comment period until the comment period has elapsed.
AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to contin ue using the bill’s exemption to the Brown Act teleconferencing rules:
• The legislative body has reconsidered the circumstances of the emergency; and
• Either of the following circum stances exist: The state of emergency continues to directly i mpact the ability of members to meet safely in person, or State or local officials conti nue to impose or recommend social distancing measures.
The goal of AB 361 is “to improve and enhance publi c access to local agency meetings during the COVID -19 pandemic and future applicable emergencies, by allowing b roader access through teleconferencing options” consistent with Executive Order N -29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024.
Since Ja nuary of 2021, the C eres C ity Council meet ings h ave been held with virtual hybrid teleconference components. The City Council Chamber is open for public attendance and allows for public participat ion through a virtual environment. On October 11, 2021, the Ceres City Council adopted Resolution No. 2021-101 authorizing the City to implement telec onferenced public meetings pursuant to Assembly B ill 361. This allowed the City to continue a hybrid vir tual meeting environment. The legislative body must now conduct the 30-day review and make the n ecessary f indings to cont inue to meet in a virt ual hybr id environment.
III. F
ISCAL IMPACTS :
There is no fiscal impact.
ITEM 6
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
N/A
V. P
OLICY ALTERNATIVES :
N/A
VI. I
NTERDEPARTMENTAL COORDINATION:
The r esponse was prepared by the City Attorney in coordinati on with the City Manager and City Clerk.
VII
. PUBLIC PARTICIPATION:
The public is encouraged to provide input at the City Council meeting.
VIII.
E NVIRONMENTAL REVIEW:
N /A
IX.
STEPS FOLLOWING APPROVAL:
If Council makes t he fi nding that the state of emergency continues to directly impact the abil ity of m embers to meet safely in per son, and/or State or local officials continue to impose or recommend social distancing measures , the City will continue using the hybrid environment. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.
Prepared by: _______________________________
Nubia Goldstein, City Attorney
Submitted by: ______________________________
Alex Terrazas, City Manager
Attachments:
1. Resolution 2022-142
ITEM 6
{CW116127.1}
RESOLUTION NO. 2022-142
AUTHORIZING THE CITY TO CONTINUE TELECONFERENCED
PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 ALLOWING
THE CITY TO CONTINUE A HYBRID VIRTUAL MEETING
ENVIRONMENT
THE CITY COUNCIL
City of Ceres
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19; and
WHEREAS, on March 23, 2020, the City Council adopted Resolution N umber 2020-23 declaring a local emergency due to COVID-19; and
WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M.
Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, as a result of Executive Order N -29-20, staff set up Zoom meetings for all City Council, Planning Commission and Measure H Oversight Committee meetings; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N -08- 21, which placed an end date of September 30, 2021, for agencies to meet remotely; and
WHEREAS, since issuing Executive Order N -08-21, the Delta variant has emerged, causing a spike in COVID-19 cases throughout the state; and
WHEREAS, on October 11, 2021, the City Council adopted Resolution No. 2021- 101 a uthorizing the City to i mplement teleconferenced public meetings pursuant to Assembly Bill 361 allowing the City to continue a hybrid virtual meeting environment. The City will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.
WHEREAS, because of the ongoing health risks associated with the rapid spread of COVID-19, the City is concerned about the health and safety of all individuals who intend to attend Council and Commission meetings and there is a need to continue the virtual hybrid meeting environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CERES
RESOLVES AS FOLLOWS:
ITEM 6
{CW116127.1} Resolution No. 2022-142; Page 2 of 2
1. In compliance with AB 361, and in order to continue to teleconference without the usual teleconference requirements of the Brown Act, the City Council makes the following findings:
a. The City Council has reconsidered the circumstances of the state of emergency; and
b. The state of local emergency continues to directly impact the ability of the City Council and its Commissions /Committees, as well as staff and members of the public, from meeting safely in person; and
c. State and local officials continue to recommend measures to promote social distancing.
2. City Council and Commission/Committee meetings will continue to be conducted with a virtual hybrid component for the next 30 days in compliance with AB 361, in order to better ensure the health and safety of the public.
3. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28
th day of November 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
_____________________________
Javier Lopez, Mayor
ATTEST:
__________________________________
Fallon Martin, City Clerk
ITEM 6
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: November 28, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Fallon Martin, City Clerk
[email protected], (209) 538-5731
SUBJECT:
Consideration to Cancel the Second Regularly Scheduled City Council Meeting of December 26, 2022 Due to the City Holiday RECOMMENDED COUNCIL ACTION:
By minute order, cancel the second regularly scheduled City Council meeting of December 26, 2022.
I. BACKGROUND:
Section 2.02.010 of the Ceres Municipal Code specifies the regular meetings of the City Council shall be held on the second and fourth Monday of each month at 6:00 p.m. in the Ceres City Council Chambers.
The second regular meeting in December typically falls near the Christmas holiday and has traditionally been canceled due to the holiday season due to a potential lack of a quorum and to avoid public criticism of conducting business during a time in which people are away from the City or focused on other matters. This year, the second regularly scheduled meeting in December falls on Monday, December 26 th which is observed as a
holiday since Christmas Day falls on a Sunday.
Cancellation of this meeting requires an affirmative vote of the City Council. The next regular scheduled City Council meeting will be held on Monday, January 9, 2023. Should a meeting be necessary before January 9 , 2023, a special meeting can be called which requires a 24 hour notice with posting the agenda.
II. REASONS FOR RECOMMENDATION:
The second regularly scheduled City Council meeting in December 202 2 falls near the Christmas holiday and on a day City offices will be closed in observance of the Christmas holiday since Christmas falls on a Sunday.
ITEM 7
III. FISCAL IMPACTS:
There are no fiscal impacts associated with this item.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
N/A
V. POLICY ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
The City Clerk will post a Notice of Cancellation as prescribed by law, in the locations required by the City of Ceres on the Affidavit of Posting and the City website.
Approved by: __________________________
Alex Terrazas, City Manager
ITEM 7
COUNCIL AGENDA REPORT
MEETING DATE: November 28, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT:
Joey Chavez, Recreation Manager, [email protected] (209) 538-5682
Sam Royal, Interim Public Works Director, [email protected] (209) 538-5717
SUBJECT: Resolution No. 202 2-143, Approving a Professional Services Agreement with Ontel Security Services, Inc. to Provide Private Security for F acility Rentals and to P atrol City P arks, and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:
Staff recommends Council adopt the resolution authorizing the City Manager to sign the agreement with Ontel Security Services, Inc. to provide private security for facility rentals and to patrol City parks through November 2024.
I. BACKG ROUND:
Ontel Security Services, Inc. has been providing private security services for the City of Ceres since May 2009. Under the current agreement, the company patrols Smyrna Park, River Bluff Regional Park, Roeding Heights Park, Whitmore Park, Strawberry Fields Park, and Neel Park. Additionally, they provide private security for the many events held at the Ceres Community Center and the Ceres American Legion Hall Memorial Building.
II. RE ASONS FOR RECOMMENDATION:
Ontel has maintained an efficient working relationship with various City of Ceres departments over the past 1 3 years. Ontel has provided excellent support in the safety of the City’s largest parks and community venues.
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1 Vacant, Dist.2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
ITEM 8
Ontel, Recreation, and Public Works staff have developed a reliable working relationship with a strong foundation of timely and effective communication. Ontel has demonstrated problem solving skills, the ability to work cohesively with City staff, and the ability to adapt with the Recreation Department and C ity ordinance changes.
Ceres Municipal Code Section 4.07.010 titled “Contracting for professional services in general” states, “Because of their unique nature, it is in the best interest of the public, as allowed by State law, that contracts for professional services such as attorneys, architects, planning consultants, engineers, auditors, financial advisors, election service providers, public relations similar nature, be selected on the basis of de monstrated competence and the professional qualifications necessary for the satisfactory performance of the service required, negotiated between the parties at fair and reasonable prices. Contractors for such services are not required to be lowest responsible bidder, nor shall they be subject to the formal purchasing procedures.”
Last, with the ongoing COVID-19 pandemic, it is imperative that City staff collaborates with a vendor who understands City operations and structure to ensure timely responses and assists in reducing costs without sacrificing safety and security.
III. F
ISCAL IMPACTS :
Ontel will charge the City the fees shown in Exhibit A per the agreement. The Parks and Recreation Department have budgeted accordingly in their budget for park patrol and Recreation sponsored City e vents. All Ontel service fees for facility or field rentals booked by the community are charged to the renter. The renter is charged the same fees shown in Exhibit A.
IV. E XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN :
N/A
V. P OLICY ALTERNATIVES :
N/A
VI. I NTERDEPARTMENTAL COORDINATION:
The Recreation Department was the lead on this project and worked with Public Works to move forward with Ontel.
VII. P UBLIC PARTICIPATION:
ITEM 8
N/A
VIII. EN VIRONMENTAL REVIEW :
N/A
IX. ST
EPS FOLLOWING APPROVAL :
The City Manager will sign the agreement for Ontel Security to continue patrolling the six park sites and will provide security services at the Ceres Community Center and the Ceres American Legion Hall Memorial Building for private rentals.
Approved by: ______________________________
Alex Terrazas, City Manger
Attachments:
1. Copy of Agreement
2. Resolution
3. Exhibits A & B
ITEM 8
ITEM 8
RESOLUTION NO. 2022-143
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH ONTEL
SECURITY SERVICES, INC. TO PROVIDE PRIVATE SECURITY FOR
FACILITY RENTALS AND TO PATROL CITY PARKS, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
THE CITY COUNCIL
City of Ceres
WHEREAS, the Recreation Department has the Ceres Community Center and the Ceres American Legion Hall Memorial Building available for rent for various private and public events that require private security; and
WHEREAS, the City has a need for park patrol at night to ensure safety of the surrounding businesses and community; and
WHEREAS, Ontel Security Services currently patrols Ceres River Bluff Regional Park, Smyrna Park, Roeding Heights Park, Whitmore Park, Strawberry Fields Park, and Neel Park periodically at night from dusk to dawn; and
WHEREAS, in order to provide necessary security services for parks and events, the Recreation Department would like to continue the agreement for their services with modifications to the existing rate structure in accordance with minimum wage increases.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a professional services agreement with Ontel Security Services, Inc. to provide security for facility rentals and to patrol City parks, and authorizes the City Manager to execute the agreement.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28th day of November 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
_____________________________
Javier Lopez, Mayor
ATTEST:
_____________________________
Fallon Martin, City Clerk
ITEM 8
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ITEM 8
ITEM 8
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ITEM 8
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: November 28, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Fallon Martin, City Clerk
[email protected], (
209) 538-5 731
SUBJECT: Resolution No. 2022 -144, Rescinding Resolution No. 2020 -125 and Adopting an Amended Conflict of Interest Code for the City of Ceres to Update the List of Designated Employees and Disclosure Categories for Filing of the Fair Political Practices Commission (FPPC) Statement of Economic Interests Form 700
RECOMMENDED COUNCIL ACTION:
Staff recommends Council approve the resolution amending the Conflict of Interest Code to reflect changes in the organization.
I. BACKG
ROUND:
Pursuant to Government Code Section 87300 et seq., every agency shall adopt a Conflict of Interest Code to include specific enumeration of positions (designated employees) within the agency which involve the making, or participation in the making, of gover nmental decisions which may foreseeably have a material effect on any specified financial interest.
A Conflict of Interest Code must reflect the current structure of the organization and tell public officials, governmental employees, and consultants what financial interests they must disclose on their Fair Political Practices Commission (FPPC) Statement of Economic Interests Form 700. Additionally, a Conflict of Interest Code helps to provide transparency in local government agencies as required under the Political Reform Act.
The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially. If amendments to an agency’s Conflict of Interest Code are necessary, the amended code must be approved by the code reviewing body before becoming effective. The Ceres City Council i s the code reviewing body for the City of Ceres.
ITEM 9
The current Conflict of Interes Code was last adopted by the City Council under Resolution No. 2020-125 at the December 14, 2020 City Council meeting. Staff has determined that amendments to the current Conflict of Interest Code are necessary, of which those amendments are outlined in Attachment 3.
II. RE
ASONS FOR RECOMMENDATION:
Staff’s recommended updates are based on the requirements of California Government Code Section 87300 et seq. where a personal financial interest may potentially be affected through an employee’s decision-making capacity.
III. F
ISCAL IMPACTS :
There are no fiscal impacts associated with the recommended action.
IV. E
XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN :
This item is consistent with the City of Ceres’ Government Operations Strategic Goal to update the City’s administrative codes, policies and procedures to ensure proper administration of the organization and effective achievement of Council priorities.
V.
P OLICY ALTERNATIVES:
Council could choose not to approve the proposed changes and leave the Conflict of Interest Code as is. This alternative is not recommended as accurate disclosure is necessary to monitor conflicts of interest.
VI. I
NTERDEPARTMENTAL COORDINATION:
N/A
VII. P
UBLIC PARTICIPATION:
N/A
VIII. EN
VIRONMENTAL REVIEW :
N/A
IX. ST
EPS FOLLOWING APPROVAL :
The Conflict of Interest Code shall be filed and maintained in the Office of the City Clerk of the City of Ceres and all designated employees shall file the required Statement of Economic Interests Form 700 with the City Clerk.
Approved by: ___________________________
Alex Terrazas, City Manager
ITEM 9
Attachments:
1. Resolution
2. Declaration of the City Manager
3. 2022 Conflict of Interest Code for the City of Ceres
ITEM 9
ITEM 9
RESOLUTION NO. 2022-144
RESCINDING RESOLUTION NO. 2020-125 AND ADOPTING AN
AMENDED CONFLICT OF INTEREST CODE FOR THE CITY OF
CERES TO UPDATE THE LIST OF DESIGNATED EMPLOYEES AND
DISCLOSURE CATEGORIES FOR FILING OF THE FAIR POLITICAL
PRACTICES COMMISSION (FPPC) STATEMENT OF ECONOMIC
INTERESTS FORM 700
THE CITY COUNCIL
City of Ceres
WHEREAS, pursuant to California Government Code Section 87300 et seq., every agency shall adopt a Conflict of Interest Code to include specific enumeration of positions (designated employees) within the agency which involve the making or participation in the making of governmental decisions which may foreseeably have a material effect on any financial interest and for each enumerated position affect the employee's financial interests the specific types of investments, business positions, interests in real property, and sources of income which are reportable; and
WHEREAS, a Conflict of Interest Code must reflect the current structure of the organization and tell public officials, governmental employees, and consultants what financial interests they must disclose on their Fair Political Practices Commission (FPPC) Statement of Economic Interests Form 700; and
WHEREAS, the Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially. If amendments to an agency's Conflict of Interest Code are necessary, the amended code must be approved by the code reviewing body before becoming effective; and
WHEREAS, the Ceres City Council is the code reviewing body for the City of Ceres; and
WHEREAS, the current Conflict of Interest Code was adopted by the City Council under Resolution N o. 2018-254 at the September 11, 2018 City Council meeting. Staff has determined that amendments to the current Conflict of Interest Code are necessary of which those amendments are outlined in Appendix A to this Resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby rescind Resolution No. 2020-125 and adopt an amended Conflict of Interest Code for the City of Ceres to update the list of designated employees and disclosure categories for filing of the Fair Political Practices Commission (FPPC) Statement of Economic Interests Form 700.
BE IT FURTHER RESOLVED that City of Ceres designated employees shall file their Statement of Economic Interests Form 700 with the Office of the City Clerk who will ITEM 9
retain the statements and make them available for public inspection and reproduction pursuant to California Government Code Section 81008.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28th day of November 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
________________________________
Fallon Martin, City Clerk
ITEM 9
DECLARATION OF THE CITY MANAGER
The proposed Conflict of Interest Code specifically enumerates each of the positions within the City that involve making or participation in the making of decisions that may foreseeably have a material financial effect on any financial interest. The City has satisfied all of the requirements of Title 2, Division 6 of the California Code of Regulations Section 18750.1 (c) preliminary to approval of the proposed code.
________________________________ ________________
Alex Terrazas, City Manager Date
ITEM 9
ITEM 9
The Political Reform Act, Government Code Section 8100, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Pra ctices Commission has adopted Title 2, Division 6 , California Code of Regulations §18730. Provisions of Conflict of Interest Codes; which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after pu blic notice and hearings to conform to amendments in the Political Reform Act. Title 2, Division 6, California Code of Regulations §18730 (Attachment A) and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporat ed by reference, and along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the City of Ceres.
Designated employees shall file Statements of Econo mic Interests with the City Clerk.
City of Ceres
Conflict of Interest Code
ITEM 9
2 1. Persons in this category must disclose all investments and business positions in business entities, sources of income, and interests in real property within the City of Ceres or its sphere of influence.
2. Investments and business positions in business entities and income from sources which provide services, supplies, materials, machinery or equipment of the type utilized by the City.
3. Investments and business positions in business entiti es and income from sources which provide services, supplies, materials, machinery or equipment of the type utilized by the City, and interests in real property within the City of Ceres or its sphere of influence.
* Consultants shall be included in the lis t of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:
The City Manager may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon tha t description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
City of Ceres
2022 Conflict of Interest Code
Appendix of Disclosure Categories
ITEM 9
3 City of Ceres
2022 Conflict of Interest Code
Appendix of Designated Positions
Department Disclosure Category
City Manager’s Office
City Manager 1
City Clerk 2
Deputy City Clerk 2
Community Development
Community Development Director 1
Redevelopment/Economic Development Manager (Consultant) 1 Senior Planner 2
Finance
Finance Director 1
Deputy Finance Director 1
Revenue and Customer Service Supervisor 2
Information Technology
Information Technology Manager 1
Human Resources
Human Resources Director 1
Public Works
Public Works Director 1
Fleet Services Supervisor 2
Facilities Maintenance Supervisor 2
Landscape Maintenance Supervisor 2
Street Maintenance Supervisor 2
Wastewater Systems Supervisor 2
Water Distribution Supervisor 2
Public Works Superintendent 2
Engineering Services
Engineering Services Director/City Engineer 1
Assistant City Engineer 2
Fire
Fire Chief 1
Deputy Chief 1
Battalion Chiefs 2
ITEM 9
4 Police
Police Chief 1
Police Captain 1
Lieutenants 2
Code Enforcement Supervisor 2
Dispatch Supervisor 2
Recreation
Recreation Manager 1
Recreation Supervisor 2
ITEM 9
1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
ITEM 9
2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.
1 Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's ITEM 9
3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code. 2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April
1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
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4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
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5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property
3 is required to be reported,4 the statement
shall contain the following:
1. A statement of the nature of the investment or interest; ITEM 9
6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain:
1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain:
1. The name, address, and a general description of the business activity of the business entity;
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7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520.
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8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from ITEM 9
9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.
This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
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10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
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11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
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12 (9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made.
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13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
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14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
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15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300-87302, 89501, 89502 and 89503, Government Code.
https://www.fppc.ca.gov/content/dam/fppc/NS-Documents/LegalDiv/Regulations/Index/Chapter7/ Article2/18730Provisions-of-Conflict-of-Interest-Codes.pdf ITEM 9
ITEM 9
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: November 28, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Kevin Waugh, P.E., Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT:
Resolution No. 2022- 145, Approving Local Retainer Consultant Services Agreements for General Civil Engineering, Traffic Engineering, and Administrative Services, and Authorizing the City Manager to Execute the Agreements
RECOMMENDED COUNCIL ACTION:
Staff recommends Council adopt a resolution approving retainer consultant services agreements with Herner Solutions and TL Engineering to provide a dministrative services, g eneral civil engineering & traffic engineering, respectively, for locally funded projects.
I. BA CKGROUND:
It is necessary to have consultants readily available to assist the Engineering Services Department’s staff with the design and administration of C apital Improvement Program (CIP) p rojects. Consultants provide further resources and expertise necessary for the various types of infrastructure projects completed throughout the year.
In order to comply with California Government Code, Sections 4526 – 4529, the City is required to procure professional consultant services on the basis of demonstrated competence and professional qualifications, referred to as Qualifications Based Selection. In the past, prior to the on- call program, the Request for Proposals (RFP) process had been on a project-by-project basis and typically took two to three months to complete. In 2011, staff initiated a retainer-based approach that has been tremendously successful over the past 10 years in helping to deliver CIP projects more effectively.
Engineering staff posted a Request for Qualifications (RFQ). The RFQ was posted from June 17 – July 28, 2022 (total of five weeks). There were 21 statements of qualifications received; many returning engineering firms to provide services to the City of Ceres. Staff reviewed and evaluated the proposals, using a matrix scoring each firm out of 100 points and based on the following criteria:
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1) Consultant(s) understanding of the City’s needs under this RFQ and overall proposal (20 points)
2) Experience and qualifications (30 points)
3) History of the consultant in accomplishing work on schedule, under budget and its positive relationship with agency staff (20 points) 4) Record of the consultant being responsive to the client’s requests (20 points) 5) Accessibility, availability and proximity to City as described in each engineering category (10 points)
Staff reviewed the proposals for Herner Solutions and TL Engineering and found their proposed rates and fees to be reasonable and will require no further negotiation. At this time, staff is recommending Herner Solutions and TL Engineering be approved to assist the City with top priority projects. The Engineering Services Department will continue to negotiate with the remaining consultants and bring their agreements before Council at a later date.
II. REA
SONS FOR RECOMMENDATION:
The retainer consultant services agreements have proven to be successful in project delivery and aiding City staff by reaching project deadlines. The expertise, additional tools, and organization of the consultants provides support for the next phase of growth in the City of Ceres.
Currently, staff is requesting two consultants be approved while staff continues to negotiate contracts and fees with remaining consultants. TL Engineering will be used for General Civil Engineering & Traffic Engineering while Herner Solutions will be used for Administrative Services.
III. F
ISCAL IMPACTS:
Each agreement with the individual consultant will be consistent with the approved CIP and City ordinances. The actual encumbrance will be issued via purchase order for each budgeted project.
IV. EXI
STING POLICY / RELATIONSHIP TO STRATEGIC PLAN:
This project is in conformance with the first priority of the Strategic Plan to improve the City’s infrastructure.
V. PO
LICY ALTERNATIVES:
Council can choose to direct staff to use a different process to hire consultants, which will need City Attorney approval.
VI. I
NTERDEPARTMENTAL COORDINATION:
During the design of the individual projects, the Engineering Services Department will lead coordination with Public Works and other departments, as needed.
VII. PUBL
IC PARTICIPATION:
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Public participation would be determined on a project-by-project basis. These agreements are to form new contracts with these consultants.
VIII. ENVI RONMENTAL REVIEW:
Environmental work will be completed prior to award of any construction project.
IX. ST EPS FOLLOWING APPROVAL :
Finalize and execute the consultant services agreement with each firm.
Approved by: _______________________________
Alex Terrazas, City Manager
Attachments:
1. Resolution
2. Agreements
ITEM 10
ITEM 10
RESOLUTION NO. 2022-145
APPROVING LOCAL RETAINER CONSULTANT SERVICES
AGREEMENTS FOR GENERAL CIVIL ENGINEERING, TRAFFIC
ENGINEERING, AND ADMINISTRATIVE SERVICES, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENTS
THE CITY COUNCIL
City of Ceres
WHEREAS, the City of Ceres requires g eneral civil engineering, traffic engineering, and administrative services; and
WHEREAS, consultants provide active support to City staff to deliver C aptial Improvement Program (CIP) projects throughout the year, maintaining Professional Consulting Services on a retainer basis is desired; and
WHEREAS, responses to a Request for Statements of Qualifications were received on July 28, 2022; and
WHEREAS, on the basis of the p roposals received, Herner Solutions and TL Engineering are qualified to provide professional consulting services; and
WHEREAS, the City Engineer will negotiate with the consultants, the scope of services of individual projects and amend the re tainer consultant services agreement to include the project specific details.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve local retainer consultant services agreements for general civil engineering, traffic engineering, and administrative services, and authoriz es the City Manager to execute the agreements.
BE IT FURTHER RESOLVED that the City Council of the City of Ceres hereby authorizes the City Engineer to amend the a greement(s) to add scopes of work for individual projects for projects already included in the City budget.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28
th day of November 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
_____________________________
Javier Lopez, Mayor
ITEM 10
ATTEST:
_____________________________
Fallon Martin, City Clerk
ITEM 10
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MASTER AGREEMENT FOR
PROFESSIONAL CONSULTANT SERVICES FOR
NON-FEDERAL PROJECTS
THIS AGREEMENT is made this _____ day of ____________, 2022, by and between the CITY OF CERES, a municipal corporation, hereinafter referred to as "CITY", and _______________, a professional consulting firm, hereinafter referred to as "CONSULTANT".
RECITALS:
A. CITY has completed a Request for Qualifications (RFQ) process to select qualified professional consulting firms to perform services for the CITY on an as needed basis for various engineering specialties.
B. CONSULTANT was one of the professional consulting firms selected by the CITY.
1. TERM
The term of this Master Agreement shall commence upon its execution by the parties and shall expire on June 30, 2025. If the Master Agreement is not extended, the terms and conditions of the Master Agreement will stay in effect until the satisfactory completion of the services as agreed to in the specific Project Agreements as further delineated herein.
2. AWARD OF PROJECTS
During the term of this Master Agreement, and any extension thereof, the CITY will from time-to-time submit a preliminary scope of services for selected projects to each of the consulting firms selected to contract with the CITY. CONSULTANT will, as requested by the City Engineer, submit a scope of services, schedule and price for the project. The City Engineer will make the final determination regarding the award of the project and CONSULTANT will, within five (5) days of the Notice of Award, execute and deliver to the CITY the Project Agreement in the form shown on ATTACHMENT 1.
3. COMPLIANCE WITH LAW
CONSULTANT shall use due professional care to provide that services rendered hereunder shall be provided in accordance with all applicable ordinances, resolutions, statutes, ITEM 10
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rules, and regulations of the CITY and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered.
Should the CITY discover a violation of any of the applicable ordinances, resolutions, statutes, rules or regulations referred to in this paragraph 2, the CITY shall give written notice of such violation to CONSULTANT, and CONSULTANT shall have a reasonable time to cure such violation.
Should a conflict arise between any of the various ordinances, resolutions, statutes, rules and regulations, CONSULTANT shall advise the CITY of such conflict, and the parties shall mutually agree upon a resolution of such conflicts.
4. LICENSES, PERMITS, FEES, & ASSESSMENTS
CONSULTANT shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. CONSULTANT shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the CONSULTANT’S performance of the services required by this Agreement, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.
5. FAMILIARITY WITH WORK
By executing this Master Agreement, CONSULTANT agrees that with regard to any Project Agreement, the CONSULTANT: (a) will investigate and consider the scope of services to be performed; (b) carefully consider how the services should be performed; and, (c) fully understand the facilities, difficulties, and restrictions attending performance of the services of any project for which a proposal is requested. If services involve work upon any site, CONSULTANT will investigate the site and will be fully acquainted with the conditions that exist prior to commencement of services on the project. Should the CONSULTANT discover any latent or unknown conditions which will materially affect the performance of the services on the project, CONSULTANT will immediately inform the CITY of such fact and shall not proceed except at CONSULTANT’S risk until written instructions are received from the Contract Officer.
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6. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Master Agreement and any Project Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of said Agreements. Unless hereafter specified, neither party shall be responsible for the service of the other.
7. ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the CONSULTANT, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the CONSULTANT. It is expressly understood by CONSULTANT that the provisions of this section shall not apply to services specifically set forth in the Scope of Services for any Project Agreement or reasonably contemplated therein.
CONSULTANT hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services for any Project Agreement may be more costly or time consuming than CONSULTANT anticipates and that CONSULTANT shall not be entitled to additional compensation, therefore.
8. TERM OF PROJECT AGREEMENT
Any Project Agreement shall be effective upon execution by both parties and will continue in effect until CITY'S acceptance of and payment for all services authorized by CITY and performed by CONSULTANT, unless terminated earlier in accordance with the provisions of the termination clause in this Master Agreement.
9. COMMENCEMENT OF SERVICES
CONSULTANT shall not undertake any work or incur any costs whatsoever under any Project Agreement except upon the prior receipt of a fully executed Purchase Order from the Ceres Department of Finance. Any costs incurred by CONSULTANT prior to receipt of a purchase order shall be at CONSULTANT’S expense.
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10. PROJECT COMPENSATION
CONSULTANT agrees to accept the sum stated in the Project Agreement as full remuneration for performing all services and furnishing all staffing and materials for the work in accordance with Scope of Services contained in the Project Agreement. The total compensation paid to CONSULTANT for all projects awarded to CONSULTANT under this Master Agreement shall not exceed four-hundred thousand without further approval of the Ceres City Council.
For each Project Agreement, unless otherwise agreed to by both parties, compensation shall be paid pursuant in the manner at the times set forth below:
CITY shall pay CONSULTANT on a time and materials or lump sum basis for CONSULTANT’S actual costs for all services called for in the Scope of Services. All work to be performed shall be billed at the lower of the hourly rates provided by the CONSULTANT in their July 2022 Proposal in response to the City’s RFQ or as set forth in the Project Agreement.
CONSULTANT shall submit monthly invoices to CITY which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipt for any out-of-pocket costs paid by CONSULTANT in connection with work performed on the project.
CONSULTANT shall be paid within thirty (30) days of receipt by the CITY of a properly prepared invoice.
11. TIME OF ESSENCE
Time is of the essence in the performance of any Project Agreement.
12. SCHEDULE OF PERFORMANCE
CONSULTANT shall perform all services within the times set forth in the Project Agreement.
13. FORCE MAJEURE
The time period(s) specified in any Project Agreement for performance of the services rendered shall be extended because of any delays due to unforeseeable causes beyond the reasonable control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within ten (10) days of the ITEM 10
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commencement of such delay notify the Contract Officer in writing of the causes of the delay.
The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’S sole remedy being extension of the Agreement pursuant to this Section.
14. OBLIGATIONS OF CONSULTANT
Throughout the term of this Master Agreement, CONSULTANT shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.
CONSULTANT agrees that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the services contemplated by this Master Agreement, and any specific Project Agreement.
CONSULTANT further agrees that it will reasonably follow the current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding any project. These reviews shall be performed by senior personnel experienced in the areas necessary to perform the reviews and capable of making appropriate recommendations for modifications, as necessary.
15. PROJECT MANAGER
CONSULTANT will assign a Project Manager, who will be the person primarily responsible for the performance of the services referred to in any Project Agreement. Said person shall not be replaced without the consent of CITY, which consent will not be unreasonably withheld.
16. CONTRACT OFFICER
The City Engineer will assign a Contract Officer for the services performed under any Project Agreement. It shall be the CONSULTANT’S responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the CONSULTANT shall refer any decisions, which must be made by CITY to the Contract Officer.
Unless otherwise specified herein, any approval of CITY required hereunder shall mean the ITEM 10
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approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the CITY required hereunder to carry out the terms of any Project Agreement.
17. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT
The experience, knowledge, capability, and reputation of CONSULTANT, its principals, and employees were a substantial inducement for the CITY to enter into this Master Agreement.
Therefore, CONSULTANT shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the CITY. In addition, neither this agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of CITY. Transfers restricted hereunder shall include the transfer to any person or group and/or control of CONSULTANT, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall, at CITY’s option, be void.
No approved transfer shall release the CONSULTANT or any surety of CONSULTANT of any liability hereunder without the express consent of CITY.
18. OWNERSHIP OF DOCUMENTS/TITLE TO DATA
Ownership of Documents
All electronic and hard copies of reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of CITY, and may be used by CITY as it may require without any additional cost to CITY. No reports shall be used by CONSULTANT for purposes other than this contract without the express prior written consent of CITY.
Any use of the work product for other project(s) without specific written authorization from CONSULTANT will be at CITY’S sole risk and without liability to CONSULTANT.
Further, any and all liability arising out of changes made to, or reuse of, CONSULTANT’S deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT and CITY assumes full responsibility for such changes unless CITY has ITEM 10
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given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.
Title to Data
If, as a part of any Project Agreement, CONSULTANT is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of final data generated under this Agreement will be delivered to CITY upon the completion of the project, termination of services, or when requested by City.
All materials, documents, data or information obtained from CITY data files or any CITY medium furnished to CONSULTANT in the performance of any Project Agreement will at all times remain the property of CITY. Such data or information may not be used or copied for direct or indirect use by CONSULTANT after termination of any Project Agreement without written consent of CITY.
19. INTEREST OF CONSULTANT
CONSULTANT warrants that he/it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Master Agreement, or any Project Agreement.
CONSULTANT warrants that, in performance of any Project Agreement, CONSULTANT shall not employ any person having any such interest. CONSULTANT agrees to file a Statement of Economic Interests with the CITY Clerk at the start and end of this contract if so required at the option of CITY.
20. REPORTS
CONSULTANT shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by any Project Agreement as the Contract Officer shall require. CONSULTANT thereby acknowledges that the CITY is greatly concerned about the cost of work and services to be performed pursuant to any Project Agreement. For this reason, CONSULTANT agrees that if CONSULTANT becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease ITEM 10
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the cost of the work or services contemplated therein, CONSULTANT shall promptly notify the Contract Officer of said fact, circumstance, technique or event.
21. RECORDS
CONSULTANT shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by any Project Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records.
Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.
22. AMENDMENTS
Both parties to this Master Agreement understand that it may become desirable or necessary during the performance of any Project Agreement, for CITY or CONSULTANT to modify the scope of services provided for under any Project Agreement. Any material extension or change in the scope of services shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.
Until an amendment is so executed, CITY will not be responsible to pay any charges CONSULTANT may incur in performing such additional services, and CONSULTANT shall not be required to perform any such additional services.
23. INDEPENDENT CONTRACTOR
All acts of CONSULTANT, his agents, officers, and employees and all others acting on behalf of CONSULTANT relating to the performance of this Master Agreement, and any Project Agreement shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONSULTANT, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONSULTANT has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONSULTANT. It is understood by both CONSULTANT and ITEM 10
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CITY that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.
CONSULTANT, his agents, officers and employees are and, at all times during the term of this Master Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.
CONSULTANT shall determine the method, details and means of performing the work and services to be provided by CONSULTANT under any Project Agreement. CONSULTANT shall be responsible to CITY only for the requirements and results specified in any Project Agreement and, except as expressly provided in any Project Agreement, shall not be subjected to CITY'S control with respect to the physical action or activities of the CONSULTANT in fulfillment of any Project Agreement. CONSULTANT has control over the manner and means of performing the services. CONSULTANT is permitted to provide services to others during the same period service is provided to CITY. If necessary, CONSULTANT has the responsibility for employing other persons or firms to assist CONSULTANT in fulfilling the terms and obligations under any Project Agreement.
If in the performance of any Project Agreement any third persons are employed by CONSULTANT, such persons shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONSULTANT.
It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONSULTANT nor CONSULTANT'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.
It is further understood and agreed that CONSULTANT must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONSULTANT'S personnel.
As an independent contractor, CONSULTANT hereby indemnifies, defends and holds CITY harmless from any and all claims that may be made against CITY based upon any ITEM 10
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contention by any third party that an employer-employee relationship exists by reason of this Agreement.
24. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing.
FOR CONSULTANT: Name: _____________________________
Address: ___________________________
___________________________
Attention: __________________________
Phone: ___________________________
FOR CITY: Name: CITY of Ceres
Address: 2220 Magnolia St.
Ceres, CA 95307
Attention: Kevin Waugh, City Engineer
Phone: (209) 538-5775
25. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit “A”.
26. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
Any Project Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of CONSULTANT, or (2) legal dissolution ITEM 10
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of CONSULTANT, unless the CITY consents in writing to the continuation of the Project Agreement.
Termination by CITY for Default of CONSULTANT
Should CONSULTANT default in the performance of any Project Agreement or materially breach any of his provisions, at its option CITY may terminate any Project Agreement by giving written notification to CONSULTANT. The termination date shall be the effective date of the notice. Except for a material breach of any Project Agreement resulting from the CONSULTANT’S willful destruction of CITY'S property, dishonesty or theft, the CITY will give the CONSULTANT 30 days notice to correct failure to perform required services or default in performance prior to executing a written notice of termination.
Termination by CONSULTANT for Default of CITY
Should CITY default in the performance of any Project Agreement or materially breach any of its provisions, at his/its option CONSULTANT may terminate any Project Agreement by giving written notice to CITY. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of any Project Agreement shall include but not be limited to any of the following: failure to pay CONSULTANT as hereafter provided, willful destruction of CONSULTANT'S property by CITY, dishonesty or theft.
Termination by CITY for Lack of Budgeted Funds
CITY may terminate this Master Agreement, effective July 1 of any given year upon CITY'S determination to not appropriate sufficient funds for this Master Agreement for the ensuing fiscal year. In such event, CITY shall give CONSULTANT not less than 30 days written notice.
Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the payments set forth in any Project Agreement on the date due, at his option CONSULTANT may terminate any Project Agreement if the failure is not remedied within thirty (30) days after CONSULTANT notifies CITY in writing of such failure to pay. The termination date shall be the effective date of the notice.
Termination by CITY for Change of CONSULTANT'S Tax Status ITEM 10
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If CITY determines that CONSULTANT does not meet the requirements of federal and state tax laws for independent contractor status, CITY may terminate this Master Agreement and any Project Agreement by giving written notice to CONSULTANT. The termination date shall be the effective date of the notice.
Voluntary Termination
The parties may terminate any Agreement upon mutual written Agreement.
In the Event of Termination
If any Project Agreement is terminated pursuant to this Paragraph, CONSULTANT shall cease all his work on the project as of the termination date and shall see to it that his employees, subcontractors and agents are notified of such termination and cease their work. If CITY so requests, and at CITY'S cost, CONSULTANT shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONSULTANT’S work on the project.
Further, if CITY so requests, CONSULTANT shall deliver to CITY any work products whether in draft or final form which have been produced to date.
If any Project Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONSULTANT an amount based on the percentage of work completed on the termination date, this percentage shall be determined by CITY in its sole discretion. If any Project Agreement is terminated pursuant to the subparagraph entitled Termination by CITY for Default of CONSULTANT, CONSULTANT understands and agrees that CITY may, in CITY'S sole discretion, refuse to pay CONSULTANT for that portion of CONSULTANT'S services which were performed by CONSULTANT on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.
27. INDEMNITY
CONSULTANT shall indemnify, defend and hold harmless CITY and its officers, officials and employees from and against all claims, damages, losses and expenses including reasonable attorney fees arising out of the performance of the work described herein, to the extent caused in whole or in part by any negligent act or omission of the CONSULTANT, or any agent or employee of the CONSULTANT, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.
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CONSULTANT'S obligation to defend, indemnify, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONSULTANT to procure and maintain a policy of insurance.
28. PREVAILING WAGES/CERTIFIED PAYROLL REQUIREMENT
Should the performance of the services required by any Project Agreement involve the provision of field work, CONSULTANT is advised that compliance with California Labor Code Sections 1720 – 1781 regarding the payment of prevailing wages is required, including the obligation to comply with the provisions of Section 1776 of the Labor Code regarding payroll records. These provisions apply equally to the CONSULTANT and its subcontractors, and CONSULTANT shall require that its sub consultants and subcontractors comply with the Labor Code provisions.
29. RETENTION OF FUNDS
CONSULTANT hereby authorizes CITY to deduct from any amount payable to CONSULTANT (whether or not arising out of any Project Agreement): (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY; and, (ii) all amounts for which CITY may be liable to third parties, by reason of CONSULTANT’S acts or omissions in performing or failing to perform CONSULTANT’S obligation under any Project Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by CONSULTANT, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of CITY to exercise such right to deduct or to withhold shall not, however, affect the obligations of the CONSULTANT to insure, indemnify, and protect CITY as elsewhere provided herein.
30. ENTIRE AGREEMENT
This Master Agreement and any Project Agreement and their respective exhibits contain the entire understanding between CONSULTANT and CITY. Additional or new terms contained in this Master Agreement and any Project Agreement which vary from any CONSULTANT'S proposal are controlling and are deemed accepted by CONSULTANT upon ITEM 10
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commencement of performance hereunder. All previous proposals, offers and communications relative to this Master Agreement and any Project Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Master Agreement and any Project Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Master Agreement and any Project Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
31. PARTIAL INVALIDITY
If any provision in this Master Agreement or any Project Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
32. WAIVER
The waiver by any party to this Master Agreement, or any Project Agreement of a breach of any provision thereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
33. AUDIT
CITY'S duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONSULTANT'S charges to CITY under any Project Agreement.
CONSULTANT agrees to retain reports, records, documents, and files related to charges under any Project Agreement for a period of three (3) years following the date of final payment for CONSULTANT services. CITY'S representative shall have the right to reproduce any of the aforesaid documents.
34. GOVERNING LAW
This Master Agreement and any Project Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. The parties agree that as a condition precedent to the commencement of litigation under either the Master Agreement or any Project Agreement, they shall submit the matter to non-binding mediation administered by the American Arbitration Association under its construction industry mediation rules, unless waived by mutual stipulation of both parties. Legal actions concerning any dispute, claim, or matter arising out of or in relation to said Agreements ITEM 10
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not settled by mediation shall be instituted in the Superior Court of the County of Stanislaus, State of California, or any other appropriate court in such county, and CONSULTANT covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
35. HEADINGS NOT CONTROLLING
Headings used in this Master Agreement and any Project Agreement are for reference purposes only and shall not be considered in construing said Agreements.
36. CITY BUSINESS LICENSE
CONSULTANT will have a CITY of Ceres business license, as required.
37. ATTORNEYS’ FEES
If either party to this Master Agreement and any Project Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Master Agreement or any Project Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is prosecuted to judgment.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.
Dated: ______________________, 2022
Dated: ______________________, 2022
CITY OF CERES, a municipal corporation
By________________________________
Signature
Alex Terrazas, City Manager____
Name and Title
CONSULTANT
By_______________________________
Signature
_________________________________
Name and Title
APPROVED AS TO FORM
__________________________________
CITY ATTORNEY
CONSULTANT’s Federal ID #
__________________________________
ATTEST:
_____________________________________
Kellie Weaver, Interim City Clerk
November 15
Ann Herner, Principal
N/A
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EXHIBIT “A”
INSURANCE REQUIREMENTS FOR CONSULTANTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, his/her agents, representatives, or employees.
Minimum Scope of insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001).
2. Insurance Services Office Form Number CA 00 01 covering Automobile Liability, Code 1 (any auto).
3. Workers’ compensation insurance as required by the State of California and Employer’s Liability Insurance.
4. Errors and Omissions Liability insurance appropriate to the CONSULTANT’S profession.
Minimum Limits of Insurance
CONSULTANT shall maintain limits no less than:
1. General Liability (Including operations, products and completed operations as applicable.):
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability
insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability:
$2,000,000 per accident for bodily injury and property damage.
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3. Employer’s Liability:
$2,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability:
$2,000,000 per claim and aggregate.
SPECIAL SITUATIONS/CLAIMS HANDLING PROCEDURES
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the entity. At the option of the entity, either (a) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the entity, its officers, officials, employees and volunteers or (b) the consultant shall provide a financial guarantee satisfactory to the entity guaranteeing payment of losses and related investigations, clam administration and defense expenses.
Other Insurance Provision
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The Entity, its officers, officials, employees, are to be covered as insured’s as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; or automobiles owned, leased, hired or borrowed by the CONSULTANT.
2. For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees.
Any insurance or self-insurance maintained by the entity, its officers, officials, employees or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by mail has been given to the entity.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of section 2782 of the Civil Code.
If General liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors and Omissions coverages are written on a claims-made form:
1. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work.
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2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of three (3) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the entity for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “pollution” shall include microbial matter including mold.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
Verification of Coverage
CONSULTANT shall furnish the Entity with original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the Entity or on other than the Entity’s forms, provided those endorsements conform to Entity requirements. All certificates and endorsements are to be received and approved by the Entity before work commences; however, failure to do so shall not operate as a waiver of these insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Waiver of Subrogation
CONSULTANT hereby agrees to waive subrogation, which any insurer of contractor may acquire from vendor by virtue of the payment of any loss. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.
The workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of the entity for all work performed by the consultant, its agents, employees, independent contractors and subcontractors.
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MASTER AGREEMENT FOR
PROFESSIONAL CONSULTANT SERVICES FOR
NON-FEDERAL PROJECTS
THIS AGREEMENT is made this _____ day of ____________, 2022, by and between the CITY OF CERES, a municipal corporation, hereinafter referred to as "CITY", and _______________, a professional consulting firm, hereinafter referred to as "CONSULTANT".
RECITALS:
A. CITY has completed a Request for Qualifications (RFQ) process to select qualified professional consulting firms to perform services for the CITY on an as needed basis for various engineering specialties.
B. CONSULTANT was one of the professional consulting firms selected by the CITY.
1. TERM
The term of this Master Agreement shall commence upon its execution by the parties and shall expire on June 30, 2025. If the Master Agreement is not extended, the terms and conditions of the Master Agreement will stay in effect until the satisfactory completion of the services as agreed to in the specific Project Agreements as further delineated herein.
2. AWARD OF PROJECTS
During the term of this Master Agreement, and any extension thereof, the CITY will from time-to-time submit a preliminary scope of services for selected projects to each of the consulting firms selected to contract with the CITY. CONSULTANT will, as requested by the City Engineer, submit a scope of services, schedule and price for the project. The City Engineer will make the final determination regarding the award of the project and CONSULTANT will, within five (5) days of the Notice of Award, execute and deliver to the CITY the Project Agreement in the form shown on ATTACHMENT 1.
3. COMPLIANCE WITH LAW
CONSULTANT shall use due professional care to provide that services rendered hereunder shall be provided in accordance with all applicable ordinances, resolutions, statutes, ITEM 10
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rules, and regulations of the CITY and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered.
Should the CITY discover a violation of any of the applicable ordinances, resolutions, statutes, rules or regulations referred to in this paragraph 2, the CITY shall give written notice of such violation to CONSULTANT, and CONSULTANT shall have a reasonable time to cure such violation.
Should a conflict arise between any of the various ordinances, resolutions, statutes, rules and regulations, CONSULTANT shall advise the CITY of such conflict, and the parties shall mutually agree upon a resolution of such conflicts.
4. LICENSES, PERMITS, FEES, & ASSESSMENTS
CONSULTANT shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. CONSULTANT shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the CONSULTANT’S performance of the services required by this Agreement, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.
5. FAMILIARITY WITH WORK
By executing this Master Agreement, CONSULTANT agrees that with regard to any Project Agreement, the CONSULTANT: (a) will investigate and consider the scope of services to be performed; (b) carefully consider how the services should be performed; and, (c) fully understand the facilities, difficulties, and restrictions attending performance of the services of any project for which a proposal is requested. If services involve work upon any site, CONSULTANT will investigate the site and will be fully acquainted with the conditions that exist prior to commencement of services on the project. Should the CONSULTANT discover any latent or unknown conditions which will materially affect the performance of the services on the project, CONSULTANT will immediately inform the CITY of such fact and shall not proceed except at CONSULTANT’S risk until written instructions are received from the Contract Officer.
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6. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Master Agreement and any Project Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of said Agreements. Unless hereafter specified, neither party shall be responsible for the service of the other.
7. ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the CONSULTANT, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the CONSULTANT. It is expressly understood by CONSULTANT that the provisions of this section shall not apply to services specifically set forth in the Scope of Services for any Project Agreement or reasonably contemplated therein.
CONSULTANT hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services for any Project Agreement may be more costly or time consuming than CONSULTANT anticipates and that CONSULTANT shall not be entitled to additional compensation, therefore.
8. TERM OF PROJECT AGREEMENT
Any Project Agreement shall be effective upon execution by both parties and will continue in effect until CITY'S acceptance of and payment for all services authorized by CITY and performed by CONSULTANT, unless terminated earlier in accordance with the provisions of the termination clause in this Master Agreement.
9. COMMENCEMENT OF SERVICES
CONSULTANT shall not undertake any work or incur any costs whatsoever under any Project Agreement except upon the prior receipt of a fully executed Purchase Order from the Ceres Department of Finance. Any costs incurred by CONSULTANT prior to receipt of a purchase order shall be at CONSULTANT’S expense.
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10. PROJECT COMPENSATION
CONSULTANT agrees to accept the sum stated in the Project Agreement as full remuneration for performing all services and furnishing all staffing and materials for the work in accordance with Scope of Services contained in the Project Agreement. The total compensation paid to CONSULTANT for all projects awarded to CONSULTANT under this Master Agreement shall not exceed four-hundred thousand without further approval of the Ceres City Council.
For each Project Agreement, unless otherwise agreed to by both parties, compensation shall be paid pursuant in the manner at the times set forth below:
CITY shall pay CONSULTANT on a time and materials or lump sum basis for CONSULTANT’S actual costs for all services called for in the Scope of Services. All work to be performed shall be billed at the lower of the hourly rates provided by the CONSULTANT in their July 2022 Proposal in response to the City’s RFQ or as set forth in the Project Agreement.
CONSULTANT shall submit monthly invoices to CITY which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipt for any out-of-pocket costs paid by CONSULTANT in connection with work performed on the project.
CONSULTANT shall be paid within thirty (30) days of receipt by the CITY of a properly prepared invoice.
11. TIME OF ESSENCE
Time is of the essence in the performance of any Project Agreement.
12. SCHEDULE OF PERFORMANCE
CONSULTANT shall perform all services within the times set forth in the Project Agreement.
13. FORCE MAJEURE
The time period(s) specified in any Project Agreement for performance of the services rendered shall be extended because of any delays due to unforeseeable causes beyond the reasonable control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within ten (10) days of the ITEM 10
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commencement of such delay notify the Contract Officer in writing of the causes of the delay.
The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’S sole remedy being extension of the Agreement pursuant to this Section.
14. OBLIGATIONS OF CONSULTANT
Throughout the term of this Master Agreement, CONSULTANT shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.
CONSULTANT agrees that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the services contemplated by this Master Agreement, and any specific Project Agreement.
CONSULTANT further agrees that it will reasonably follow the current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding any project. These reviews shall be performed by senior personnel experienced in the areas necessary to perform the reviews and capable of making appropriate recommendations for modifications, as necessary.
15. PROJECT MANAGER
CONSULTANT will assign a Project Manager, who will be the person primarily responsible for the performance of the services referred to in any Project Agreement. Said person shall not be replaced without the consent of CITY, which consent will not be unreasonably withheld.
16. CONTRACT OFFICER
The City Engineer will assign a Contract Officer for the services performed under any Project Agreement. It shall be the CONSULTANT’S responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the CONSULTANT shall refer any decisions, which must be made by CITY to the Contract Officer.
Unless otherwise specified herein, any approval of CITY required hereunder shall mean the ITEM 10
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approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the CITY required hereunder to carry out the terms of any Project Agreement.
17. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT
The experience, knowledge, capability, and reputation of CONSULTANT, its principals, and employees were a substantial inducement for the CITY to enter into this Master Agreement.
Therefore, CONSULTANT shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the CITY. In addition, neither this agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of CITY. Transfers restricted hereunder shall include the transfer to any person or group and/or control of CONSULTANT, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall, at CITY’s option, be void.
No approved transfer shall release the CONSULTANT or any surety of CONSULTANT of any liability hereunder without the express consent of CITY.
18. OWNERSHIP OF DOCUMENTS/TITLE TO DATA
Ownership of Documents
All electronic and hard copies of reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of CITY, and may be used by CITY as it may require without any additional cost to CITY. No reports shall be used by CONSULTANT for purposes other than this contract without the express prior written consent of CITY.
Any use of the work product for other project(s) without specific written authorization from CONSULTANT will be at CITY’S sole risk and without liability to CONSULTANT.
Further, any and all liability arising out of changes made to, or reuse of, CONSULTANT’S deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT and CITY assumes full responsibility for such changes unless CITY has ITEM 10
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given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.
Title to Data
If, as a part of any Project Agreement, CONSULTANT is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of final data generated under this Agreement will be delivered to CITY upon the completion of the project, termination of services, or when requested by City.
All materials, documents, data or information obtained from CITY data files or any CITY medium furnished to CONSULTANT in the performance of any Project Agreement will at all times remain the property of CITY. Such data or information may not be used or copied for direct or indirect use by CONSULTANT after termination of any Project Agreement without written consent of CITY.
19. INTEREST OF CONSULTANT
CONSULTANT warrants that he/it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Master Agreement, or any Project Agreement.
CONSULTANT warrants that, in performance of any Project Agreement, CONSULTANT shall not employ any person having any such interest. CONSULTANT agrees to file a Statement of Economic Interests with the CITY Clerk at the start and end of this contract if so required at the option of CITY.
20. REPORTS
CONSULTANT shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by any Project Agreement as the Contract Officer shall require. CONSULTANT thereby acknowledges that the CITY is greatly concerned about the cost of work and services to be performed pursuant to any Project Agreement. For this reason, CONSULTANT agrees that if CONSULTANT becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease ITEM 10
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the cost of the work or services contemplated therein, CONSULTANT shall promptly notify the Contract Officer of said fact, circumstance, technique or event.
21. RECORDS
CONSULTANT shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by any Project Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records.
Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.
22. AMENDMENTS
Both parties to this Master Agreement understand that it may become desirable or necessary during the performance of any Project Agreement, for CITY or CONSULTANT to modify the scope of services provided for under any Project Agreement. Any material extension or change in the scope of services shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.
Until an amendment is so executed, CITY will not be responsible to pay any charges CONSULTANT may incur in performing such additional services, and CONSULTANT shall not be required to perform any such additional services.
23. INDEPENDENT CONTRACTOR
All acts of CONSULTANT, his agents, officers, and employees and all others acting on behalf of CONSULTANT relating to the performance of this Master Agreement, and any Project Agreement shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONSULTANT, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONSULTANT has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONSULTANT. It is understood by both CONSULTANT and ITEM 10
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CITY that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.
CONSULTANT, his agents, officers and employees are and, at all times during the term of this Master Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.
CONSULTANT shall determine the method, details and means of performing the work and services to be provided by CONSULTANT under any Project Agreement. CONSULTANT shall be responsible to CITY only for the requirements and results specified in any Project Agreement and, except as expressly provided in any Project Agreement, shall not be subjected to CITY'S control with respect to the physical action or activities of the CONSULTANT in fulfillment of any Project Agreement. CONSULTANT has control over the manner and means of performing the services. CONSULTANT is permitted to provide services to others during the same period service is provided to CITY. If necessary, CONSULTANT has the responsibility for employing other persons or firms to assist CONSULTANT in fulfilling the terms and obligations under any Project Agreement.
If in the performance of any Project Agreement any third persons are employed by CONSULTANT, such persons shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONSULTANT.
It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONSULTANT nor CONSULTANT'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.
It is further understood and agreed that CONSULTANT must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONSULTANT'S personnel.
As an independent contractor, CONSULTANT hereby indemnifies, defends and holds CITY harmless from any and all claims that may be made against CITY based upon any ITEM 10
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contention by any third party that an employer-employee relationship exists by reason of this Agreement.
24. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing.
FOR CONSULTANT: Name: _____________________________
Address: ___________________________
___________________________
Attention: __________________________
Phone: ___________________________
FOR CITY: Name: CITY of Ceres
Address: 2220 Magnolia St.
Ceres, CA 95307
Attention: Kevin Waugh, City Engineer
Phone: (209) 538-5775
25. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit “A”.
26. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
Any Project Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of CONSULTANT, or (2) legal dissolution Leopoldo Trujillo
664 Heron Drive
Los Banos, CA 93635
Leopoldo Trujillo
209-829-1553
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of CONSULTANT, unless the CITY consents in writing to the continuation of the Project Agreement.
Termination by CITY for Default of CONSULTANT
Should CONSULTANT default in the performance of any Project Agreement or materially breach any of his provisions, at its option CITY may terminate any Project Agreement by giving written notification to CONSULTANT. The termination date shall be the effective date of the notice. Except for a material breach of any Project Agreement resulting from the CONSULTANT’S willful destruction of CITY'S property, dishonesty or theft, the CITY will give the CONSULTANT 30 days notice to correct failure to perform required services or default in performance prior to executing a written notice of termination.
Termination by CONSULTANT for Default of CITY
Should CITY default in the performance of any Project Agreement or materially breach any of its provisions, at his/its option CONSULTANT may terminate any Project Agreement by giving written notice to CITY. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of any Project Agreement shall include but not be limited to any of the following: failure to pay CONSULTANT as hereafter provided, willful destruction of CONSULTANT'S property by CITY, dishonesty or theft.
Termination by CITY for Lack of Budgeted Funds
CITY may terminate this Master Agreement, effective July 1 of any given year upon CITY'S determination to not appropriate sufficient funds for this Master Agreement for the ensuing fiscal year. In such event, CITY shall give CONSULTANT not less than 30 days written notice.
Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the payments set forth in any Project Agreement on the date due, at his option CONSULTANT may terminate any Project Agreement if the failure is not remedied within thirty (30) days after CONSULTANT notifies CITY in writing of such failure to pay. The termination date shall be the effective date of the notice.
Termination by CITY for Change of CONSULTANT'S Tax Status ITEM 10
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If CITY determines that CONSULTANT does not meet the requirements of federal and state tax laws for independent contractor status, CITY may terminate this Master Agreement and any Project Agreement by giving written notice to CONSULTANT. The termination date shall be the effective date of the notice.
Voluntary Termination
The parties may terminate any Agreement upon mutual written Agreement.
In the Event of Termination
If any Project Agreement is terminated pursuant to this Paragraph, CONSULTANT shall cease all his work on the project as of the termination date and shall see to it that his employees, subcontractors and agents are notified of such termination and cease their work. If CITY so requests, and at CITY'S cost, CONSULTANT shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONSULTANT’S work on the project.
Further, if CITY so requests, CONSULTANT shall deliver to CITY any work products whether in draft or final form which have been produced to date.
If any Project Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONSULTANT an amount based on the percentage of work completed on the termination date, this percentage shall be determined by CITY in its sole discretion. If any Project Agreement is terminated pursuant to the subparagraph entitled Termination by CITY for Default of CONSULTANT, CONSULTANT understands and agrees that CITY may, in CITY'S sole discretion, refuse to pay CONSULTANT for that portion of CONSULTANT'S services which were performed by CONSULTANT on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.
27. INDEMNITY
CONSULTANT shall indemnify, defend and hold harmless CITY and its officers, officials and employees from and against all claims, damages, losses and expenses including reasonable attorney fees arising out of the performance of the work described herein, to the extent caused in whole or in part by any negligent act or omission of the CONSULTANT, or any agent or employee of the CONSULTANT, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.
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CONSULTANT'S obligation to defend, indemnify, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONSULTANT to procure and maintain a policy of insurance.
28. PREVAILING WAGES/CERTIFIED PAYROLL REQUIREMENT
Should the performance of the services required by any Project Agreement involve the provision of field work, CONSULTANT is advised that compliance with California Labor Code Sections 1720 – 1781 regarding the payment of prevailing wages is required, including the obligation to comply with the provisions of Section 1776 of the Labor Code regarding payroll records. These provisions apply equally to the CONSULTANT and its subcontractors, and CONSULTANT shall require that its sub consultants and subcontractors comply with the Labor Code provisions.
29. RETENTION OF FUNDS
CONSULTANT hereby authorizes CITY to deduct from any amount payable to CONSULTANT (whether or not arising out of any Project Agreement): (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY; and, (ii) all amounts for which CITY may be liable to third parties, by reason of CONSULTANT’S acts or omissions in performing or failing to perform CONSULTANT’S obligation under any Project Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by CONSULTANT, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of CITY to exercise such right to deduct or to withhold shall not, however, affect the obligations of the CONSULTANT to insure, indemnify, and protect CITY as elsewhere provided herein.
30. ENTIRE AGREEMENT
This Master Agreement and any Project Agreement and their respective exhibits contain the entire understanding between CONSULTANT and CITY. Additional or new terms contained in this Master Agreement and any Project Agreement which vary from any CONSULTANT'S proposal are controlling and are deemed accepted by CONSULTANT upon ITEM 10
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commencement of performance hereunder. All previous proposals, offers and communications relative to this Master Agreement and any Project Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Master Agreement and any Project Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Master Agreement and any Project Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
31. PARTIAL INVALIDITY
If any provision in this Master Agreement or any Project Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
32. WAIVER
The waiver by any party to this Master Agreement, or any Project Agreement of a breach of any provision thereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
33. AUDIT
CITY'S duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONSULTANT'S charges to CITY under any Project Agreement.
CONSULTANT agrees to retain reports, records, documents, and files related to charges under any Project Agreement for a period of three (3) years following the date of final payment for CONSULTANT services. CITY'S representative shall have the right to reproduce any of the aforesaid documents.
34. GOVERNING LAW
This Master Agreement and any Project Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. The parties agree that as a condition precedent to the commencement of litigation under either the Master Agreement or any Project Agreement, they shall submit the matter to non-binding mediation administered by the American Arbitration Association under its construction industry mediation rules, unless waived by mutual stipulation of both parties. Legal actions concerning any dispute, claim, or matter arising out of or in relation to said Agreements ITEM 10
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not settled by mediation shall be instituted in the Superior Court of the County of Stanislaus, State of California, or any other appropriate court in such county, and CONSULTANT covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
35. HEADINGS NOT CONTROLLING
Headings used in this Master Agreement and any Project Agreement are for reference purposes only and shall not be considered in construing said Agreements.
36. CITY BUSINESS LICENSE
CONSULTANT will have a CITY of Ceres business license, as required.
37. ATTORNEYS’ FEES
If either party to this Master Agreement and any Project Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Master Agreement or any Project Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is prosecuted to judgment.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.
Dated: ______________________, 2022 Dated: ______________________, 2022 CITY OF CERES, a municipal corporation
By________________________________
Signature
Alex Terrazas, City Manager____
Name and Title
CONSULTANT
By_______________________________
Signature
_________________________________
Name and Title
APPROVED AS TO FORM
__________________________________
CITY ATTORNEY
CONSULTANT’s Federal ID #
__________________________________
ATTEST:
_____________________________________
Kellie Weaver, Interim City Clerk
November 15
Leopoldo Trujillo, President
87-3660381
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EXHIBIT “A”
INSURANCE REQUIREMENTS FOR CONSULTANTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, his/her agents, representatives, or employees.
Minimum Scope of insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001).
2. Insurance Services Office Form Number CA 00 01 covering Automobile Liability, Code 1 (any auto).
3. Workers’ compensation insurance as required by the State of California and Employer’s Liability Insurance.
4. Errors and Omissions Liability insurance appropriate to the CONSULTANT’S profession.
Minimum Limits of Insurance
CONSULTANT shall maintain limits no less than:
1. General Liability (Including operations, products and completed operations as applicable.):
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability
insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability:
$2,000,000 per accident for bodily injury and property damage.
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3. Employer’s Liability:
$2,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability:
$2,000,000 per claim and aggregate.
SPECIAL SITUATIONS/CLAIMS HANDLING PROCEDURES
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the entity. At the option of the entity, either (a) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the entity, its officers, officials, employees and volunteers or (b) the consultant shall provide a financial guarantee satisfactory to the entity guaranteeing payment of losses and related investigations, clam administration and defense expenses.
Other Insurance Provision
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The Entity, its officers, officials, employees, are to be covered as insured’s as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; or automobiles owned, leased, hired or borrowed by the CONSULTANT.
2. For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees.
Any insurance or self-insurance maintained by the entity, its officers, officials, employees or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by mail has been given to the entity.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of section 2782 of the Civil Code.
If General liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors and Omissions coverages are written on a claims-made form:
1. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work.
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2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of three (3) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the entity for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “pollution” shall include microbial matter including mold.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
Verification of Coverage
CONSULTANT shall furnish the Entity with original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the Entity or on other than the Entity’s forms, provided those endorsements conform to Entity requirements. All certificates and endorsements are to be received and approved by the Entity before work commences; however, failure to do so shall not operate as a waiver of these insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Waiver of Subrogation
CONSULTANT hereby agrees to waive subrogation, which any insurer of contractor may acquire from vendor by virtue of the payment of any loss. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.
The workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of the entity for all work performed by the consultant, its agents, employees, independent contractors and subcontractors.
ITEM 10
ITEM 10
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: November 28, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Christopher Hoem, Community Development Director [email protected]; (209) 538-5778
Marjorie Blom, Consultant
[email protected]; (209) 538-5774
SUBJECT:
Resolution No. 2022-146, Approving the First Amendment to the Intergovernmental Cooperation Agreement for the Stanislaus Urban County Community Development Block Grant Program and an Update on the Stanislaus Urban County Requalification Process and the Formation of a New HOME Consortium, and Ratify the City Manager ’s signing of the First Amendment to the Intergovernmental Cooperation Agreement for the Stanislaus Urban County Community Development Block Grant Program
RECOMMENDED COUNCIL ACTION:
1. Adopt a resolution, supporting the approval of the F irst Amendment to the Intergovernmental Cooperation Agreement for the Stanislaus Urban County Community Development Block Grant Program and an u pdate on the Stanislaus Urban County Requalification Process and the formation of a new HOME consortium.
2. R atify the City Manager’s signing of the First Amendment to t he Intergovernmental Cooperation Agreement for the Stanislaus Urban County Community Development Block Grant Program.
I. BACKG
ROUND:
In 2002, Stanislaus County was designated an Urban County by the Federal Housing and Urban Development Department (HUD) and receives an annual allocation to be shared among Stanislaus County and the cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank and Waterford. With this designation, Stanislaus County qualifies as an “entitlement” jurisdiction which means that the County receives Community ITEM 11
Development Block Grant (CDBG) funds and Emergency Solutions Grants (ESG) Program funding from HUD with out participating in the competitive application process.
The County, together with these cities , forms what is known as the Stanislaus County Community Development Block Grant (CDBG) Consortium (hereafter referred to as the Urban County).
Historically, t he City of Turlock has administered both the CDBG and the HOME programs; however, beginning in 2022, Stanislaus County was set to take over and administer these programs.
The City continues to be a member of the Stanislaus Urban County Consortium, consisting of Stanislaus County, the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Waterford. Participation in the Consortium enables the County and participating jurisdictions to access funds directly from the federal government (Housing and Urban Development or HUD Community Development Block Grant Program), rather than compete for funds through the state.
Every three years, each member jurisdiction within Stanislaus County has the opportunity to decide whether to continue, join, or request exclusion from the Consortium. The current three-year program cycle ends June 30, 2023.
The goals of the Consortium are to: 1) provide decent housing; 2) provide a suitable living environment, and 3) expand economic activities. Of note, not only do the participating jurisdictions receive an allocation, there are also other CDBG program funds earmarked for workforce development and fair housing. These programs benefit residents within all of the Consortium jurisdictions.
As a current member of the Consortium, the City has upgraded its infrastructure (new curbs, gutters, sidewalks) consisten t with the goals of the CDBG program. The City’s HOME Program provides homebuying assistance to eligible first time homebuyers.
II. RE
ASONS FOR RECOMMENDATIO N:
Continued participation in the Stanislaus Urban CDBG and HOME Program, Consortiums will allow the City to continue receiving federal housing and community development funds. In order to continue being a member of both Consortiums, the City must formally submit a signed copy of the attached “First Amendment to the Intergovernmental Cooperation Agreement for the Stanislaus Urban County Community Development Block Grant Program” with Stanislaus County.
The State required an executed amendment before this Council meeting; therefore, in order to meet the State’s deadline of November 22, 2022 the City Manager executed it based on their previous direction to approve the agreement.
III. F ISCAL IMPACTS :
N/A
IV. E XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN :
N/A
ITEM 11
V. POLICY ALTERNATIVES:
N/A
VI. I NTERDEPARTMENTAL COORDINATION:
N/A
VII. P UBLIC PARTICIPATION:
N/A
VIII. EN VIRONMENTAL REVIEW :
The adoption of a resolution regarding the Cooperation Agreement is not a project and therefore, not subject to CEQA.
IX. ST EPS FOLLOWING APPROVAL :
The Cooperation Agreement shall be executed by the City Manager and submitted to Stanislaus County.
Approved by: ____________________________
Alex Terrazas, City Manager
Attachments:
1. Resolution
2. Stanislaus County First Amendment Intergovernmental Cooperation Agreement ITEM 11
ITEM 11
RESOLUTION NO. 2022-146
APPROVING THE FIRST AMENDMENT TO THE INTERGOVERNMENTAL
COOPERATION AGREEMENT FOR THE STANISLAUS URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AN UPDATE
ON THE STANISLAUS URBAN COUNTY REQUALIFICATION PROCESS AND
THE FORMATION OF A NEW HOME CONSORTIUM, AND RATIFY THE CITY MANAGER’S SIGNING OF THE FIRST AMENDMENT TO THE
INTERGOVERNMENTAL COOPERATION AGREEMENT FOR THE
STANISLAUS URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM
THE CITY COUNCIL
City of Ceres
WHEREAS, the County of Stanislaus (" County"), a political subdivision of the State of California, and the City of Ceres ("City") a municipal corporation, desire to participate in the Community Devel opment B lock Grant program (" CDBG Program ") administered by the U.S. Department of Housing and Urban Development ("HUD"); and
WHEREAS, the CDBG Program will promote the public health, safety, and welfare by providing grant funds to be used by the City and County to improve housing opportunities for low and moderate-income households, encourage economic reinvestment, improve community facilities and public services, and provide other housing-related facilities, or services; and
WHEREAS, on or about June 12, 2022, the Cities of Ceres, Hughson, Newman, Oakdale, Pat terson, Riverbank and Waterford, (collectively, the " Cities”) and the County entered into the Intergovernmental Cooperation Agreement for the Stanislaus Urban County Community Development Block Grant Program (“Agreement”); and
WHEREAS, to compl y with applicable l aws and regulations, the City and the County (collectively, the “ Parties”) are required to enter into the Firs t Amendment to the Agreement (“First Amendment”) attached hereto as Exhibit “A”; and
WHEREAS, the Agreement, as amended, is consis tent wi th the G eneral Plan and with policies of the Parties encouraging cooperation between agencies on issues of regional significance such as affordable housing; and
WHEREAS, the Agreement, as amended, w ill promote the public health, safety, and welfare by enabling the City and County to participate in the CDBG program under an "Urban County" entitlement; thus, making available funds for a variety of housing, economic development, and public services programs not otherwise available; and
ITEM 11
WHEREAS, subrec ipient agreemen ts will be used to establish administrative policies and procedures, performance standards, and guidelines for funding specific programs and projects; and
WHEREAS, the Agreement, as amended, is not a “project” for purposes of compliance wit h the p rovisions of the California Environmental Quality Act (“CEQA”) and the City’s CEQA Guidelines; and
WHEREAS, the State required an executed amendment before this Council meeting; therefore, in order to meet the State’s deadline of November 22, 2022 the City Manager executed it based on their previous direction to approve the agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby:
1. A pproves and ratifies the City Manager’s execution of the First Amendment attached hereto to enable participation in the CDBG Program.
2. A uthorizes the City Manager to act on behalf of the City to execute the First Amendment and take action with regard to the ongoing activ ities of the CDBG program necessary to carry out the intent of the Agreement, as amended.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28
th day of November 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
________________________________
Fallon Martin, City Clerk
ITEM 11
First Amendment to Three-Year
Intergovernmental Cooperation Agreement -1-
FIRST AMENDMENT TO
INTERGOVERNMENTAL COOPERATION AGREEMENT
STANISLAUS URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Three Year Agreement
This First Amendment (“ First Amendment ”) dated for reference purposes as of November 1, 2022 (“ Effective Date ”) amends that certain Intergovernmental Co operation Agreement for the Stanislaus Urban County Community Development Block Grant Program (Three Year Agreement) by and between Stanislaus County, a political subdivision of the State of California, acting through its Department of Planning and Community Development (the “County”), and the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank and Waterford, each a municipal corporation of the State of California (individually a “ City” and collectively, " Cities”), dated June 12, 2022 (“ Agreement”). The Cities and the County are collectively referred to herein as the “Parties”; and, individually, a “Party”.
RECITALS
A. Pursuant to the Agreement, County and Cities agreed to participate in the Stanislaus Urban County Community Development Block Grant Program.
B. Under the Housing and Community Development Act of 1974 and implementing regulations (“ Act”), the A greement must specify the three F ederal fiscal years for which it is applicable, and each Program year start and end date. The Agreement contains errors in the Federal fiscal years and Program years for which it is applicable, and contains an error in date that Turlock is withdrawing as Lead Agency from the Home Consortium.
C. The recitals to the Agreement incorrectly state that the County and the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Turlock and Waterford will enter into a HOME Consortium Agreement. However, under Federal Regulations, the Consortium Agreement may only be between the City of Turlock, a metropolitan city, and Stanislaus County, an Urban County. The Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Wat erford will participate in the Consortium as members of the Stanislaus Urban County as defined in Section 102(a)(6) of the Housing and Community Development Act (HCDA) of 1974, as amended. (24 CFR 101(b)).
D. The Agreement provides in part at paragraph 23 that any amendments to the Agreement a) shall be in writing; b) that any such amendments to the Agreement may be entered into at any time if required or necessary to comply with the regulations issued pursuant to the Act; and c) the amendments shall be signed by the City Manager of each of the Cities or his/her designee.
E. The Parties wish to cor rect the errors identified in Recital B and Recital C herein to comply with applicable laws and regulations. The Parties further wish to authorize the County’s Director of Planning and Community Development to amend, revise or supplement the Agreement ITEM 11
First Amendment to Three-Year
Intergovernmental Cooperation Agreement -2-
by Administrative Amendment with written notice to the Cities if such amendment is necessary to comply with applicable laws and regulations.
NOW THEREFORE, the Parties agree as follows:
1. Notwithstanding anything to the contrary in the Agreement or in the resolutions approved by the Parties reflecting the approval of the Agreement, the Agreement is applicable to the following Federal fiscal years and the following Program years:
Federal Fiscal Years Program Years
10/1/2022-9/30/2023 7/1/2023-6/30/2024
10/1/2023- 9/30/2024 7/1/2024-6/30/2025
10/1/2024-9/30/2025 7/1/2025-6/30/2026
2. Notwithstanding anything to the contrary in the recitals to the Agreement, (a) the effective date for the withdrawal of the City of Turlock as Lead Agency for the HOME Consortium is June 30, 2023; and (b) t he County has agreed to take over as Lead Agency for the HOME Consortium effective July 1, 2023.
3. Notwithstanding anything to the contrary in the recitals to the Agreement , the County and the City of Turlock will enter into a separate Consortium Agreement relating to the HOME Program. The Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Waterford will participate in the Consortium as members of the Stanislaus Urban County as defined in Section 102(a)(6) of the Housing and Community Development Act (HCDA) of 1974, as amended. (24 CFR 92.101(b)).
4. Paragraph 23 of the Agreement shall be deleted in its entirety and replaced with the following:
“23. Amendments. The County’s Director of Planning and Community Development may amend, revise or supplement the Agreement by Administrative Amendment in order to maintain compliance with applicable laws and regulations upon written notice to the other Parties. The Administrative Amendment shall be effective upon execution by the County’s Director of Planning and Community Development and delivery to all Parties.
Amendments which modify the substantive terms of the Agreement shall be approved by the County’s Director of Planning and Community Development and the City Manager of each of the Cities or his/her designee.”
5. Except as amended herein the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF , the Part ies have executed this First Amendment as of the Effective Date.
[SIGNATURE PAGES BELOW]
ITEM 11
First Amendment to Three-Year
Intergovernmental Cooperation Agreement -3-
STANISLAUS COUNTY:
Angela Freitas, Director
Planning and Community Development Department
By ____________________________
Angela Freitas
Director
APPROVED AS TO FORM:
Thomas E. Boze
Stanislaus County Counsel
By: ____________________________
G. Michael Ziman
Deputy County Counsel
ITEM 11
First Amendment to Three-Year
Intergovernmental Cooperation Agreement -4-
CITY OF CERES:
By ____________________________
Alex Terrazas
City Manager
Dated: __________________________
APPROVED AS TO FORM:
By ___________________________
Tom Hallinan
City Attorney
ITEM 11
First Amendment to Three-Year
Intergovernmental Cooperation Agreement -5-
CITY OF HUGHSON:
By ____________________________
Merry Mayhew
City Manager
Dated: _________________________
APPROVED AS TO FORM:
By ____________________________
Daniel J. Schroeder
City Attorney
ITEM 11
First Amendment to Three-Year
Intergovernmental Cooperation Agreement -6-
CITY OF NEWMAN:
By ____________________________
Michael E. Holland
City Manager
Dated: _________________________
APPROVED AS TO FORM:
By ____________________________
Nubia Goldstein
City Attorney
ITEM 11
First Amendment to Three-Year
Intergovernmental Cooperation Agreement -7-
CITY OF OAKDALE:
By ____________________________
Bryan Whitemyer
City Manager
Dated: _________________________
APPROVED AS TO FORM:
By ____________________________
Tom Hallinan
City Attorney
ITEM 11
First Amendment to Three-Year
Intergovernmental Cooperation Agreement -8-
CITY OF PATTERSON:
By ____________________________
Ken Irwin
City Manager
Dated: __________________________
APPROVED AS TO FORM:
By ____________________________
Tom Hallinan
City Attorney
ITEM 11
First Amendment to Three-Year
Intergovernmental Cooperation Agreement -9-
CITY OF RIVERBANK:
By ____________________________
Marisela Garcia
City Manager
Dated: _________________________
APPROVED AS TO FORM:
By ___________________________
Tom Hallinan
City Attorney
ITEM 11
First Amendment to Three-Year
Intergovernmental Cooperation Agreement -10-
CITY OF WATERFORD:
By ____________________________
Michael G. Pitcock
City Manager
Dated: __________________________
APPROVED AS TO FORM:
By ___________________________
Corbett Browning
City Attorney
ITEM 11
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: November 28, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Delilah Vasquez, Human Resources Director
[email protected], (209) 538-5772
SUBJECT:
Resolution No. 202 2-147, Approving the Use of ARPA Funds for Part-time Employees that Worked During the COVID-19 Pandemic RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council approves a one-time lump sum payment of ARPA funds for all part-time employees hired on or prior to September 1, 2021, which will be pro-rated and based on the hours worked during the period of September 1, 2021 – September 30, 2022.
I. BACKGROUND:
In March 2020, the Governor declared an emergency due to the COVID-19 pandemic. City employees were deemed essential workers under the State of California’s emergency guidance, and as such, they were required to report to work during the pandemic.
The City provided two lump sum payments of $5,000.00 for f ull-time employees , in recognition of the services provided to the community during the unprecedented pandemic.
The payment was provided to staff who reported to work in- person or remotely and hired on or before a date specified in their individual labor agreement. The first payment was issued upon ratification of their labor agreement in 2020 and a second was issued in October 2022, for a total of $10,000 .00. P art-time employees were not included in the negotiation process and therefore, not considered for ARPA funding.
II. REASONS FOR RECOMMENDATION:
The City’s part -time staff continue s to be essential in our ability to serve the community during the COVID-19 pandemic. Part-time staff have assisted when full -time employees were unable to report to work due to illness or being excluded from the workplace. As such, staff recommends a pro-rated ARPA payment for part-time employees.
Eligibility and criteria for the one-time lump sum payment must include the following:
ITEM 12
• Hired on or prior to September 1, 2021, as a part-time employee. • Hours worked for the period of September 1, 2021 – S eptember 30, 2022, will be calculated to determine the amount of the one-time lump sum. • Part-time employees who have left or leave City service prior to the issuance of the payment shall not be eligible to receive the payment.
Hours Worked Amount
1,040 or more $2,500.00
832 or more $2,000.00
624 or more $1,500.00
416 or more $1,000.00
208 or more $200.00
III. FISCAL IMPACTS:
City Council approved ARPA funds of $750,000.00 for the first lump sum payment for full- time employees. There is a remaining balance of $62,000.00. There are approximately 16 part-time employee who meet the eligibility requirements for a total of $26,000.00.
There are sufficient funds remaining to support this request.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
N/A
V. POLICY ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
Upon Council approval, the City Manager shall authorize the one-time lump sum payment to eligible part-time employees.
Approved by: _____________________________
Alex Terrazas, City Manager
Attachments:
1. Attachment 1 – Resolution
ITEM 12
RESOLUTION NO. 2022-147
APPROVING THE USE OF ARPA FUNDS FOR PART-TIME
EMPLOYEES THAT WORKED DURING THE COVID-19 PANDEMIC
THE CITY COUNCIL
City of Ceres
WHEREAS, in March 2020, the Governor declared an emergency due to the COVID-19 pandemic; and
WHEREAS, City employees were deemed essential workers under the State of California’s emergency guidance and required to report to work during the COVID -19 pandemic; and
WHEREAS, the City provided two lump sum payments of $5,000.00 for full -time employees, in recognition of the services provided to the community during the unprecedented pandemic; and
WHEREAS, part-time employees were not included in the negotiation process and therefore, not considered for ARPA funding; and
WHEREAS, the City’s part-time staff have assisted when full-time employees were unable to report to work due to illness or being excluded from the workplace; and
WHEREAS, staff recommends a pro -rated ARPA payment for part -time employees; and
WHEREAS, the eligibility and criteria for the one- time lump sum payment must include:
• Hired on or prior to September 1, 2021, as a part-time employee. • Hours worked for the period of September 1, 2021 – September 30, 2022, will be calculated to determine the amount of the one-time lump sum. • Part-time employees who have left or leave City service prior to the issuance of the payment shall not be eligible to receive the payment.
Hours Worked Amount
1,040 or more $2,500.00
832 or more $2,000.00
624 or more $1,500.00
416 or more $1,000.00
208 or more $200.00
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the use of ARPA funds for part-time employees that worked during the COVID-19 pandemic.
ITEM 12
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28th day of November 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
________________________________
Fallon Martin, City Clerk
ITEM 12