Ceres City Council
October 23, 2023

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, October 23, 2023 at 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); Rosalinda L. Vierra (District 2); Daniel A.

Martinez (District 4)

INVOCATION

Invocation by Jim Stochl, Harvest Presbyterian.

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez.

Click this link to join the webinar:
https://us02web.zoom.us/j/81578001554?pwd=WVRQblZ1NllaZk94TFZzNDdUKzV4dz09

Webinar ID: 815 7800 1554; Passcode: 326698; or Dial: (669) 900-6833

PUBLIC COMMENTS VIA ZOOM HAVE BEEN SUSPENDED. PUBLIC COMMENT DURING THE MEETING MUST BE MADE IN-PERSON. MEMBERS OF THE PUBLIC MAY STILL VIEW THE MEETING VIA ZOOM.

REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING THE CITY CLERK AT [email protected] BEFORE 4:00 PM THE DAY OF THE MEETING. INCLUDE THE AGENDA ITEM NUMBER OR PUBLIC COMMENT PERIOD IN THE SUBJECT LINE OF THE EMAIL. THE CLERK MAY READ WRITTEN COMMENTS INTO THE RECORD, IF SPECIFICALLY REQUESTED TO DO SO AT THE BEGINNING OF YOUR EMAIL. YOUR

WRITTEN COMMENT WILL BE DISTRIBUTED TO THE CITY COUNCIL AND KEPT ON FILE AS PART OF THE OFFICIAL RECORD OF THE COUNCIL MEETING.

*If you have any questions on how to attend virtually or are encountering difficulties connecting to the meeting, please contact the City Clerk at (209) 646-4812 or by email at [email protected].

AGENDA
Regular City Council Meeting
October 23, 2023

PRESENTATIONS

A. Veterans Day Proclamation

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 no t 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

B. Planning Commission Appointment

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 agenda of the August 28, 2023 City Council Meeting was Posted on Wednesday, October 18, 2023. (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 September 25, 2023 Regular City Council Meeting s. (City Clerk)

4. Register of Audited Demand (s) Dated September 27, 2023 through October 5, 2023. (City Manager)

5. General Correspondence – Information Only (Royal)
a. Public Works Monthly Report for September 2023

6. Resolution No. 2023 -XXX, Approving the Electric Vehicle Charging Station License Agreement with the Turlock Irrigation District and Authorizing the Interim City Manager to Execute the Contract. (Royal)
AGENDA
Regular City Council Meeting
October 23, 2023

7. Resolution No. 2023 -XXX, Approving a Construction Management Service Contract Amendment to ICM Group Inc., Authorizing a Budget Amendment, and Authorizing the Interim City Manager to Execute the Amendment. (Waugh)

8. Resolution No. 2023 -XXX, Approving a Construction Contract for the Police Station Uninterrupted Power Supply (UPS) Upgrade Project Funded by the American Rescue Plan Act (ARPA) to Cen Cal Electric, Inc., Authorizing a 10 % Contingency, and Authorizing the Interim City Manager to Execute the Contract . (Royal)

9. Resolution No. 2023-XXX, Approving the Construction Contract for Ochoa Park Phase II Improvement Project to Stockbridge General Contracting Inc., Authorizing a 10% Contingency, and Authorizing the Interim City Manager to Execute the Contract. (Waugh)

10. Resolution No. 2023 -XXX, Approving the Lateral Transfer Incentive Policy. (Vasquez)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

11. Resolution No. 2023-XXX, Approving the Final Design Plan for the Whitmore Park Gazebo Improvement Project. (Royal)

PUBLIC HEARING

12. Ordinance No. 2023 -XXXX, Amending Chapter 10, Mobile Food Vending from Motor Vehicles of Title 5, Business Licenses and Regulations, of the Ceres Municipal Code to Amend the Food Truck Regulations, Including Increasing the Limit of 10 Stand -Alone Food Trucks Citywide to a Limit of 20, Maintaining Distance Buffers, Incorporating Existing Food Truck Policies into the Ceres Municipal Code, and Other Miscellaneous Changes. (City Manager) This public hea ring will be continued to the November 13, 2023 Regular City Council Meeting.

NEW BUSINESS

13. Resolution No. 2023 -XXX, Establishing Intention to Consider Pension Cost Mitigation Strategies, Including the Prepayment and/or Refinancing of a Portion of the City’s Outstanding Unfunded Accrued Pension Liability and Appointing Financial Consultants. (City Manager)

AGENDA
Regular City Council Meeting
October 23, 2023

14. Resolution No. 2023 -XXX, Ratifying the Appointment of Shannon Esenwein to the Position of Director of Finance, Approving an Employment Agreement, and Authorizing the Interim City Manager to Execute the Agreement. (Vasquez)

DISCUSSION ITEMS

15. Four-Way Stop Sign Referral Update. (Waugh)

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).

16. Requesting an Update to the Housing & Redevelopment Policy (Requested by Councilmember Vierra)

17. Utilize $10,000.00 of Council’s Travel Budget for the Employee Recognition Program
(Requested by Councilmember Casey)

REPORTS
At this time, any Councilmembers or City staff will make an announcement, or report briefly on his /her activities.

• Mayor
• City Council
• City Manager
• City Attorney
• Departments
• County Supervisor

CLOSED SESSION

18. Conference with Labor Negotiators, Cal Gov’t Code §54957.6(a) Agency Designated Representative: Interim City Manager, Douglas D. Dunford and Human Resources Director, Delilah Vasquez
Employee Organization: Ceres Police Officers’ Association Employee Organization: First Line Supervisors/Confidential Bargaining Group Employee Organization: Laborers’ International Union of North America (LiUNA!) Employee Organization: Mid-Managers Bargaining Group
Employee Organization: Public Safety Managers

REPORT FROM CLOSED SESSION

AGENDA
Regular City Council Meeting
October 23, 2023

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on November 13, 2023 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 t he City Clerk’s Office at City Hall located at 2 220 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 th e Regular City Council Meeting was posted on Wednesday, October 18, 2023, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

HONORING NOVEMBER 11, 2023 AS

VETERANS DAY

WHEREAS, Veterans Day has its origins in the November 11, 1918, armistice which brought World War I to a conclusion; and

WHEREAS, the Allied victory of World War I affirmed the strength of great nations acting together for high purposes; and

WHEREAS, the people of the United States , through their elected representatives, designated November 11 as a federal legal holiday which in 1954 became officially known as Veterans Day; and

WHEREAS, Veterans Day continues to be celebrated and commemorated with solemn observances in honor of all Americans who have served their country in times of war and conflict; and

WHEREAS, Veterans Day has become a significant part of our American heritage as we recognize the millions of citizens whose military service has had a profound effect on history; and

WHEREAS, the courage, honor, sacrifice, and dedication which veterans of the United States armed forces have displayed in the cause of justice, freedom, and democracy are most worthy of recognition.

NOW THEREFORE, I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City C ouncil, Vice Mayor Bret Silveira, Councilmembers James Casey , Rosalinda L. Vierra, and Daniel A. Martinez , do hereby call upon all citizens to commend America’s veterans and observe Saturday, November 11, 202 3, as Veterans Day.

Proclaimed this 23rd day of October, 2023

___________________________
Javier Lopez, Mayor

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE:

TO:

FROM:

CONTACT:

SUBJECT:

October 23, 2023
Mayor and City Council
Douglas D. Dunford, Interim City Manager
Christopher Hoem, Director of Community Development
[email protected], (209) 538-5778
Appointment to the Ceres Planning Commission
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council re-appoint Ruldip “RJ” Jammu to the Ceres Planning Commission with the term ending December 31, 2027.

I. BACKGROUND:

The Planning Commission serves in both an advisory capacity to the City Council and as a decision maker regarding certain land use and subdivision matters. Members serve four- year terms, are appointed by the City Council, and serve at their direction.

Ruldip “RJ” Jammu was originally appointed by the City Council in 2023 to finish the remaining term of a seat on the Planning Commission that became vacant w hen Daniel Martinez moved from the Planning Commission to the City Council . Mr. Jammu’s term expires December 31, 2023 and h e wishes to continue serving on the Planning Commission. The governing bylaws of the Planning Commission allow the City Council to re-appoint Mr. Jammu.

II. REASONS FOR RECOMMENDATION:

The Community Development Director received a request from Mr. Jammu to continue serving on the Planning Commission. Staff recommends the re-appointment of Mr. Jammu to the Planning Commission.

III. FISCAL IMPACTS:

N/A
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
ITEM B
V. POLICY ALTERNATIVES:

If the City Council chooses not to re-appoint Mr. Jammu, then staff will begin a recruitment process to fill the vacancy. An application period would be open from October 24, 2023 through November 7, 2023. During the application period, staff would send a Planning Commission recruitment announcement to the Ceres Courier to be published on November 1, 2023. Staff would also post the announcement on social media and the City website.

Interviews would be conducted by the Mayor, one Councilmember, and the Commu nity Development Director. The interviews would be scheduled tentatively on November 13, 2023, prior to the City Council meeting. The City Council would then decide on the interview panel’s recommendation on November 13, 2023.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Staff will inform Mr. Jammu of his re-appointment.

Approved by: ___________________
Douglas D. Dunford
Interim City Manager
ITEM B

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)

City Council Chambers, 2701 Fourth Street
Monday, September 25, 2023 at 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 called the September 25, 2023 meeting to order at 6:00 p.m.

ROLL CALL – Present:

Mayor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra (District 2); Daniel A.

Martinez (District 4)

District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 4
Councilmember
Martinez
District 3
Vice Mayor
Silveira
Mayor Lopez
Present Present Present Absent Present

INVOCATION

Invocation by Jim Stochl, Harvest Presbyterian.

PLEDGE OF ALLEGIANCE

Pledge of Allegiance was led by Mayor Lopez.

PRESENTATIONS

A. Hispanic Heritage Month Proclamation

Nelson Gomez with South Modesto Business United accepted the proclamation.

B. StanCOG Unmet Transit Needs Presentation

Jean Foletta, Director of Mobility Programs, gave the presentation.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 25, 2023

Mayor Lopez asked for public comment.

Jim Adkisson spoke regarding the presentation.

Moishe McBagelstein spoke regarding the presentation.

Mayor Lopez prohibited public comment via Zoom for the remainder of the City Council meeting due to a breach of City Council Meeting decorum.

Council and staff discussion included receiving the flyer for the presentation.

CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)

Amy (did not provide last name) spoke regarding the yard sale ordinance.

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONFLICT OF INTEREST DECLARATION

None

CONSENT CALENDAR

Action: Motion by Councilmember Martinez , seconded by Councilmember Vierra, approving items 1 – 5. Motion carried 4/0/1/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Absent Yes

1. Clerks Report of Posting. The agenda of the August 28, 2023 City Council Meeting was Posted on Tuesday, September 19, 2023. (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. Register of Audited Demand(s) Dated August 30, 2023 through September 6, 2023. (Robbins)

4. General Correspondence – Information Only
ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 25, 2023

a. Public Works Monthly Report for August 2023

5. Resolution No. 2023 -128, Approving a Project Agreement for Gene ral Capital Improvement Project Support to Herner Solutions and Authorizing the Interim City Manager to Execute the Agreement. (Waugh)

6. Removed for separate consideration.

7. Removed for separate consideration.

8. Removed for separate consideration.

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 6: Removed for separate consideration by Councilmember Casey

Resolution No. 2023 -129, Awarding the Design Contract for the HSIPSL - 5241(076) Median Installations and HSIPSL-5241(077) Traffic Signal Improvement Projects to TL Engineering and Authorizing the Interim City Manager to Execute the Contract. (Waugh)

Councilmember Casey spoke regarding public input related to this project.

Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

Action: Motion by Councilmember Martinez , seconded by Councilmember Vierra, approving item 6. Motion carried 3/1/1/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No Yes Yes Absent Yes

Item 7: Removed for separate consideration by Councilmember Casey

Resolution No. 2023 -130, Approving a Change in Cellular Service from Verizon Wireless to T-Mobile. (Frederick)

Councilmember Casey spoke regarding staff obtaining bids from competing vendors.

Mayor Lopez asked for public comment. The following members of the public spoke:

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 25, 2023

John Warren spoke regarding patrol cars and cellular issues the City is experiencing.

Mayor Lopez closed public comment.

Council and staff discussion included vendors for the service, T-Mobile cell towers, and past issues with AT&T.

Action: Motion by Councilmember Martinez , seconded by Councilmember Vierra, approving item 7. Motion carried 3/1/1/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No Yes Yes Absent Yes

Item 8: Removed for separate consideration by Councilmember Vierra

Resolution No. 2023 -XXX, Approving the Use of American Rescue Plan Act (ARPA) Funds and a Budget Amendment to Support the Service and Retirement Award Program. (Vasquez)

Councilmember Vierra spoke regardin g the prioritization of the Service and Retirement Award Program.

Mayor Lopez asked for public comment. The following members of the public spoke:

John Warren spoke regarding the cost associated with the program.

Mayor Lopez closed public comment.

Council and staff discussion included the remainder of unallocated ARPA funds and the use of ARPA funds on recurring items.

Action: Motion by Councilmember Martinez , seconded by Mayor Lopez, approving item 8. Motion failed 2/2/1/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No No Yes Absent Yes

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 25, 2023

UNFINISHED BUSINESS

9. Waiver of Second Reading and Adoption of Ordinance No. 2023-XXXX, Amending Chapter 10, Mobile Food Vending from Motor Vehicles of Title 5, Business Licenses and Regulations, of the Ceres Municipal Code to Amend the Regulations Related to Food Trucks. (Hoem)

Community Development Director, Christopher Hoem, introduced the item.

Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

Council and staff discussion included the results of the mobile food truck committee meetings, newly drafted mobile food vendor ordinance amendment, and the continuation of the committee.

Action: Motion by Councilmember Martinez , seconded by Councilmember Vierra, denying item 9. Motion car ried 4/0/1/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Absent Yes

PUBLIC HEARING

None

NEW BUSINESS

None

DISCUSSION ITEMS

10. River Road Mutual Water Company Request for Water Service. (Royal)

Public Works Director, Sam Royal, introduced the item.

Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

Council and staff discussion included the number of meters required, water rates, water rate increases, installation of water lines, how each home is billed since there will be only one meter, and the properties that are included in the request.

Council consensus to move forward with drafting an agreement and bringing the ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 25, 2023

item back on a future council meeting agenda.

COUNCILMEMBER REFERRALS

None

REPORTS

• Mayor

Nothing to report.

• City Council

Councilmember Casey spoke regarding the annual Out of the Darkness walk hosted by the American Foundation for Suicide Prevention at Graceada Park in Modesto on September 30, 2023 at 9:00 a.m.

Councilmember Vierra spoke regarding the economic development meeting , Stanislaus Equity Partners and Stanislaus Workforce Development, workshop for business owners, Modesto’s Downtown Street Team, food boxes served by New Visions Christian Church on Wednesdays from 2:00 p.m. – 4:00 p.m., suicide prevention walk at Graceada Park in Mode sto, Ceres Police Department’s event at Texas Roadhouse, and an upcoming rib eating contest between Ceres Police Department and Modesto Fire Department.

Councilmember Martinez spoke regarding his attendance at the League of California Cities’ Annual Confe rence, Ceres Chamber’s Bands, Brews, & BBQ event is on October 14, 2023, and the Trunk-or-Treat event the City of Ceres is holding on October 28, 2023.

• City Manager

Nothing to report.

• City Attorney

Nothing to report.

• Departments

Kevin Waugh, Director of Engineering Services, spoke regarding the commencement of the Smyrna Park Improvement Project.

Sam Royal, Director of Public Works, spoke regarding tree services that Public Works provides.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 25, 2023

• County Supervisor

Nothing to report.

CLOSED SESSION

11. Public Employment, Cal. Gov’t Code §54957(b)(1)
Title: City Manager

REPORT FROM CLOSED SESSION

Mayor Lopez reported out that direction was given to staff.

ADJOURNMENT

The next regularly scheduled City Council Meeting will be held on October 9, 2023 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

There being no further business, Mayor Lopez adjourned the meeting at 7:35 p.m.

_____________________________
Javier Lopez, Mayor

____________________________
Fallon Martin, City Clerk

Consistent 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 3

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: October 23, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Lauren Robbins, Accountant
[email protected], (209) 538-5766
SUBJECT:

Register of Audited Demand(s) Dated September 27, 2023 through October 5, 2023
RECOMMENDED COUNCIL ACTION:

City Council approve the register of audited demand(s) dated September 27, 2023 and October 5, 2023 covering obligations to be paid by general warrants # 127683 through #127975 in the amount of $2,608,838.90.

I. BACKGROUND:

In accordance with Section 37202 of the Government Code of the State of California this is presented herewith a summary of demands against the City of Ceres covering obligations to be paid for the period ending October 5, 2023.

Each demand has been audite d and I hereby certify to their accuracy and conformance with the budget. Sufficient funds are available for payment of these demands.

I declare under penalty of perjury that the register of audited demands has been examined by me and to the best of my k nowledge and belief is a true, correct and complete listing of claims audited and payable.

Approved by: ______________________
Douglas D. Dunford
Interim City Manager
ITEM 4
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ITEM 4
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ITEM 4
ITEM 4
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ITEM 4
ITEM 4

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4

MEETING DATE: October 23, 2023

TO: Mayor and City Council

FROM: Douglas D. Dunford, Interim City Manager

CONTACT: Sam Royal, Public Works Director
[email protected], (209) 538-5717

SUBJECT: Public Works Monthly Report for September 2023

RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BACKGROUND:

Outlined below are the significant actions performed by the Public Works Department for the month of September 2023.

FACILITY SERVICES:
• Completed 169 Facilities Maintenance work orders including: 134 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs, and 35 preventive maintenance services.
• Requested three quotes from BranchCon Inc, Patton Construction and Corona Construction for the remodel of the office and lab at the WWTP. • Received three new appliances for Legion Hall. Uncrated and assembled the new stainless-steel table, refrigerator and stoves for the kitchen at LH. • Conducted custodial interviews for vacant position.
• Continued clean-up of homeless camps/debris at Independence Park and Roeding Park with the assistance of Code Enforcement.

Maintenance activities performed by one (1) Supervisor, one (1) Seni or Facilities Maintenance Worker, two (2) Facility Maintenance Workers, and four (4) Custodians.

FLEET SERVICES:

Completed 111 work orders

ITEM 5
Fleet, Department 20
• Finished Toro mower heavy trailer brake replacement
• Received new replacement Schwarze A7 street sweeper, setup for service. • Versa-lift (bucket truck) had major hydraulic repairs completed by fleet along with service and tires

Fire, Department 15
• Repairs completed on pump for fire engine, Westport Fire District

Police, Department 10
• 5 police units had warranty repairs

Streets, Department 30
• Training was completed by dealer on function/use of new street sweeper and sweeper was put into service on 10/2/23
• Tymco sweeper was serviced and foam filled tires replaced

Water, Department 35
• N/A

Parks, Department 40
• Field repair on John Deere backhoe, hydraulics failure • Field repair flat tire Toro mower

Wastewater, Department 25
• Repairs completed on jet rodder, pressure line, transmission failure occurred and truck was towed to authorized repair facility, Mellos Transmission for repairs.

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 399 service requests in the following categories:
• Bike Path Repairs: 1
• City Grounds Maintenance: 18
• Park Landscape and Maintenance: 335
• Parks Landscape chemical usage: 250 gallons Parks / Grounds • Playground and Equipment Repairs; Several playgrounds parts that were ordered with 120-day lead time for delivery, repair work will follow delivery; still pending delivery.
• Playground and Equipment Inspections: 3
• Right of Way (ROW) Irrigation Repairs: 63 sprinklers • Park Trees: 26 Trimmed
ITEM 5
• Tree Customer Requests (Tree or Limb Down, Trims or Removals): 38 • Total Graffiti Vandalism & Repair cost is $3451.00 for the month of September.

Parks sprinklers repaired or replaced:
• Barry Grove – 0
• Costa Fields – 2 maintenances
• Don Pedro – 8 maintenances
• Independence – 1 vandalism
• Dog Park – 1 maintenance
• Neel Park – 2 maintenances
• Persephone – 0
• Redwood – 0
• Riverbluff – 9 maintenances
• Riverview – 0
• Roeding Heights – 6 maintenances
• Sam Ryno – 2 maintenances
• Smyrna – 7 maintenances
• Strawberry – 6 maintenances
• Whitmore – 5 maintenances 1 new heads for dry areas

Parks General Maintenance/Repairs:
• Power washed Covered areas at Sam Ryno tables and River Bluff parks • Graffiti removal at Sam Ryno (4), Strawberry (2), River Bluff (5), Roeding (4), Neel (1), Ochoa (4), Persephone (2), Smyrna (10) Don Pedro (3), and Independence Park (1)

Grid Prune by West Coast Arborists (WCA)
• Grid # 3 2020-2021 100% - Completed with 2,343 trees pruned • Gird # 4 2021=2022 99% - Completed with 2,450 trees pruned so far • Grid # 2 2022 – 2023 Started in July 2023 90% completed • Grid # 1 & 5 uncompleted with a total of 8,571 trees unpruned • Pending: 182 High Risk, 5 Removals and 336 Trims starting FY 2023-24

Grounds
Rights of Way (ROWs):
• Faith Home Rd.: modifying enclosure of backflow device to make it vandal -proof, pending water staff to schedule backflow install.
• Staff will provide a list of backflow replacement for water division. • River Road; backflow devices stolen and pending replacement. Turned off water at River and Canyon Falls.
• Pine Street roundabout repaired broken valve and sprinkler due to accident • Re-staked 3 trees along Eastgate, 3 trees along Brown and 3 trees along Fowler Road.

Parks
Sam Ryno:
• Temporarily repaired swings, waiting on parts for repair.

ITEM 5
Smyrna Park:
• Constuction for park improvement has started.
• Volunteer group spread new sand inside Horseshoe pits • Replaced 4 broken valves to prepare for park construction and improvements. • Re-staked 3 trees along Presidential walkway due to vandalism • Two existing trees at Presidential walkway will require removal before construction begins.

Neel Park:
• Existing tree near playground was defaced, staff will keep monitoring the condition of the tree.
• Staff utilizing water truck to water newly planted trees which has no irrigation.

Independance:
• Replaced tamper resistant lid for power box due to vandalism.

Berry Grove Park:
• Preparing concrete pad or future picnic table.

Riverview Park:
• Installed concrete pad for Rotary Club bench and trash can.

River Bluff Park:
• Playground area - replaced 6 sprinklers due to vandalism. • Fences cut 5 times to lower area.
• 2 trees fell over, removed by parks crew.
• Trimmed 12 trees along soccer fields for upcoming Kabaddi tournament. • Ran Scada in manual to control watering for special events • Brush hogged Lower area dirt areas.
• Cross country had scheduled three tournaments

Guillermo Ochoa Park:
• Brush hogged entire park
• Playground exercise Equipment vandalized

Lions Park:
• Cleaned sidewalk areas

City Parks Landscaping and Maintenance is performed by one (1) Supervisor, one (1) Sr.

Parks Maintenance Worker, five (5) Park Maintenance Workers, and one (1) part -time Maintenance Worker.

SOLID WASTE AND RECYCLING DIVISION:

SOLID WASTE & RECYCLING:

Reminder: The Leaf & Limb collection started on October 1 st and will run until January 9th. This program is only for residential customers and not business or multi -family complexes.

ITEM 5
• Highlights of solid waste and recycling collection by Bertolotti for September 2023

▪ Residential…………………….… 1182.24 tons
▪ Illegal dump (code enforcement) 48.85 tons, 167 locations ▪ Illegal dump (Bertolotti) ………. 1.41 tons, 6 locations ▪ Bulky items…………………….… 29.29 tons, 99 locations
▪ Leaf/limb (illegal).…………….… 2.37 tons
▪ Street Sweep………………….… 30.95 tons
▪ Residential Organics…………… 559.70 tons
▪ Commercial Organics…………. 266.36 tons
▪ Residential Recycle………….… 181.98 tons
▪ Commercial Recycle …………… 4.79 tons
▪ C&D (Construction/Demolition Debris) 0 tons
▪ Used oil…………………………… 535 gallons
▪ Used oil filter……………...……… 83

• There were 4 garbage cart storage violation notices issued in September. • There were 55 organic cart contamination violations issued in September. • To comply with the requirements of Senate Bill 1383, the City conducted a route review of 100 randomly selected residential and commercial recycling, organics, and waste carts throughout the City, to identify and record any contamination issues. There were 7 recycling carts,11 organics carts, and 1 garbage cart found with contamination. • Bertolotti has started delivering the recycling carts to the remaining 390 businesses and multifamily residents that currently are required to have recycling services but h ave not subscribed independently under the requirements of AB341.

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 190 Underground Service Alerts (USA) markings • Repaired 20 streetlights
• Preformed traffic control for cross town school parade • Filled several 55-gallon barrels with water with Vac Con at River Bluff for Central Valley Sports Club Event
• Cleaned 42 storm drain DI’s
• Flushed 8,600” of storm drain pipeline
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 Streets/Code Enforcement Maintenance workers. Please note the Streets Division has been down one staff member since January 2022 due to workers comp injury.

WASTEWATER (WWTP`):
• Responded to 5 customer service requests and 29 sewer problems, during working hours and after hours.

ITEM 5
• Staff responded to 5 Smart Cover alerts & alarms that prevented Sanitary Sewer Overflows (SSO’s). There were (0) SSOs in May which resulted in 0 gallons spilled and recovered.
• Serviced or Repaired:
o Lift Stations – 15
o WWTP Equipment – 12
o Main line sewer plugs – 1
o Aerators – 3
• Staff performed weekly landscape maintenance, weed abatement, and levee erosion control.
• Staff performed pond discing and ripping for weed abatement and pond rehabilitation
• Staff checked on force main to Turlock.
• Staff cleaned 13,040 feet of sewer main line.
• Staff CCTV inspected 0 feet of sewer line.
• Staff continues the process of updating the Wastewater Discharge Report (WDR) • SCADA Integrator, Jeff Burrows, and Wastewater Staff, 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 installed one (1) repaired aerator and one (1) lift station pump • Staff completed work with contractor on preparing all roads in the treatment plant for paving. All roads have been repaired and new asphalt was installed. • Staff continues to work on preparing road surfaces for upcoming resurfacing • Staff checked & marked 212 USA tickets, which took 30 hours; preventing contractors from damaging City sewer lines.
• Turlock sewer use charges $79,409.12 for the month of August. • Modesto sewer use charges $137,393.73 for the month of July. • Biochemical Oxygen Demand (BOD) 122 mg/L
• Treated and disposed of 72.40 MG of wastewater with an average of 2.41 MGD Ceres Wastewater System operations and maintenance are performed by one (1) Supervisor, two (2) Sr. Wastewater Operators, two (2) Operator II, zero (0) Operator -in- Training. There are five (5) open Wastewater Operator positions.

WATER SYSTEM MAINTENANCE:

Water, Department 35
• September 2023 well production was 217.77 million gallons • Average water use for Sept. was 7.26 million gallons per day • Water staff responded to 14 customer service requests • Water staff responded to 79 Underground Service Alerts (USA) markings • Meter statistics and repairs:
o Meters in water distribution system: 11,847
o Meters/radios serviced: 77
o Meters replaced: 77
o Meters upgraded from ¾”, 5/8” to 1”: 2
o New meter installations: 4
o Meters tested for accuracy: 0
ITEM 5
• Total valves in water distribution system: 4,402 of which 4 were exercised • Blow-offs and hydrants flushed: 4
• Water main leaks: 0
• Service line leaks: 5
• Service lines have been replaced: 5
• Hydrants replaced: 0
• Water quality samples taken: 140
• Water staff attended generator training for River Bluff tank and performed system walk through
• Water staff completed site visit to permit River Bluff tank • Completed preliminary testing of pumps at River Bluff station • Began training 3 new Water Distribution Operators

Water Conservation, Department 36
September 2023 calculated residential gallons used per person per day: 93.11 • Annual average is 86.65 gallons per person per day
• Responded to 22 water conservation service requests
• Water portal has 167 residents registered
• Issued courtesy notifications: 60
• Performed 0 water audits
• Delivered 9 water waste warnings, issued 2 water waste fines and 243 excess consumption fines
• Rebates Issued: Dishwasher: 0, Smart Irrigation: 0, ULF Toilets: 2, Washing Machine: 0, and Turf Replacements: 3
Total Rebates YTD: 27
The graph below shows our production numbers for 2020 in blue compared to 2023 in purple with the water reduction target of 15% in red. For September 2023, we had an increase of 0.27% from the September 2020 production numbers.

ITEM 5
Water system maintenance is performed by one (1) Superintendent, one (1) Administrative Analyst, two (2) Senior Water Operators, eight (8) Water Distribution Operators, two (2) Field Service Technicians, and one (1) part -time Water Conservationist.

Approved by: __________________
Douglas D. Dunford
Interim City Manager
ITEM 5

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: October 23, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Samir Royal, Director of Public Works
[email protected], (209) 538-5717
SUBJECT: Resolution No. 2023-XXX, Approving the Electric Vehicle Charging Station License Agreement with the Turlock Irrigation District and Authorizing the Interim City Manager to Execute the Contract RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the Electric Vehicle Charging Station License Agreement (“License Agreement”) between the City of Ceres and the Turlock Irrigation District (“TID”) in order for TID to install, operate and maintain one (1) Dual -port Electric Vehicle (“EV”) Charging Station for public use at the River Bluff Regional Park Parking Lot located at 3761 Hatch Road, Ceres, California and authorizing the Interim City Manager to execute the License Agreement.

I. BACKGROUND:

Turlock Irrigation District (TID) is implementing an EV Charging Station program where it will install, operate, and maintain EV Charging Stations for public use in approximately ten locations within its electrical service area. The first EV Charging Station installed in the City of Ceres is located at Ceres Community Center parking lot. The second proposed EV Charging Station will be located at River Bluff Regional Park east parking lot. See attachment for locations.

II. REASONS FOR RECOMMENDATION:

The TID-operated EV Charging Stati on will be available for public use and will promote the use of electric vehicles. TID will be responsible for the costs of installing, operating, and maintaining the EV Charging Station. The City will not incur any additional expenses in approving the License Agreement.

III. FISCAL IMPACTS:

The City will not be required to contribute any funds towards this project, as TID will be responsible for installation, operation, and maintenance of the EV Charging Station.

ITEM 6
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Ensure that the community has adequate, well -maintained EV Charging Station that fosters a quality community and supports a strong economy.

V. POLICY ALTERNATIVES:

The City Council can choose to direct staff to reject the License Agreement.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

There were no committees or public participation involved in this project.

VIII. ENVIRONMENTAL REVIEW:

The project is CEQA Categorical Exemption as per Section 15301(c) Existing Faculties.

IX. STEPS FOLLOWING APPROVAL:

The License Agreement will be transmitted to TID for signature by its authorized representative. The Interim City Manager will finalize the License Agreement and execute the contract.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – TID License Agreement

3. Attachment C – Location Map
ITEM 6

ATTACHMENT A
RESOLUTION NO. 2023-XXX

APPROVING THE ELECTRIC VEHICLE CHARGING STATION LICENSE

AGREEMENT WITH THE TURLOCK IRRIGATION DISTRICT AND

AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE

CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Turlock Irrigation District (TID) is implementing an EV Charging Station program where it will install, operate, and maintain EV Charging Stations for public use in approximately ten locations within its electrical service area; and

WHEREAS, the first EV Charging Station installed in the City of Ceres is located at Ceres Community Center parking lot; and

WHEREAS, the second proposed EV Charging Station will be located River Bluff Regional Park at 3761 Hatch Road, Ceres, California (the “Property”); and

WHEREAS, the City Regional Park consists of a public parking lot for use of soccer tournaments and other city activities all year round; and

WHEREAS, the Turlock Irrigation District (“TID”) desires to install, operate and maintain one (1) Dual-port Electric Vehicle (“EV”) Charging Station within the public parking lot portion of the Property as set forth in greater detail in the Electric Vehicle License Agreement between the City and TID; and

WHEREAS, the City of Ceres will not incur any financial obligation as a result of approving the Electric Vehicle License Agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the E lectric Vehicle Charging Station License Agreement with the Turlock Irrigation District and authorizes the Interim City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23
rd day of October 2023, by the following vote:

AYES: Councilmembers:

NOES Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

________________________________
Fallon Martin, City Clerk
ITEM 6
ITEM 6

ATTACHMENT B

ELECTRIC VEHICLE CHARGING STATION

LICENSE AGREEMENT

This Electric Vehicle Charging Station License Agreement (“Agreement”) is entered into as of the 2nd day of October, 2023 (“Agreement Date”) by and between the City of Ceres, a political subdivision of the State of California ("CITY") and the Turlock Irrigation District, a California irrigation district ("TID").

RECITALS

A. CITY is the fee simple owner of certain real property located at 3761 E. Hatch Road, Ceres, CA, 95307 “River Bluff Regional Park”;

B. TID is the electrical service provider within TID’s electrical service area and has undertaken to install, operate and maintain various electrical vehicle charging stations.

C. The parties recognize the mutual benefit of having TID install , maintain and operate electric vehicle recharging stations on the Property and desire to enter into this Agreement for that purpose.

NOW THEREFORE for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the parties, CITY and TID hereby agree as follows:

A G R E E M E N T

1. INCORPORATION OF RECITALS. T he Recitals set forth above, and any exhibits referenced herein, are each incorporated into the body of this Agreement as if set forth in full.

2. Grant of License. CITY gr
ants to TID for the Term of this Agreement: (a) an
exclusive and irrevocable license to use and occupy a portion of the Property as more particularly described on Exhibit A hereto (the “Premises”) for the Purpose, as defined below; and (b) any necessary easements for access and utilities for the Purpose.

3. Purpose. The Premises may be used by TID
for any lawful activity in connection with
the design, development, construction, installation, maintenance, repair, replacement, removal, security, and operation of electric vehicle chargers and ancillary items, including, without limitation, electrical equipment, hardware, software, signage and all supporting equipment and structures (collectively, the “Charging Station”), together with any other uses permitted herein (“Purpose”), on the terms and conditions set forth in this Agreement.

4. Term & Termination .

The term of this Agreement (as extended or renewed from time to time, the “Term”) shall commence on the Agreement Date and terminate five (5) years from the date that the Charging Station is first operational (“Commencement Date”). TID shall send CITY notice of the Commencement Date prior to the Commencement Date or after it starts.

ITEM 6

ATTACHMENT B

5. Renewal . P rovided TID is not in breach of this Agreement, or the Agreement has not been terminated as set forth herein, this Agreement shall automatically renew for successive five (5) year periods, not-to-exceed two (2) two renewal periods, under the same terms and conditions.

6. Consideration for License. CITY a
cknowledges that TID’s obligation to install,
maintain and operate the Charging Station will provide CITY a benefit to the public which uses and accesses the Property. As such, TID shall not be required to pay CITY any additional consideration for the grant of license contained in this Agreement.

7. Early Termination . T
his Agreement may be terminated upon thirty (30) days’ written notice to either party without penalty or fee: (a) in the case of TID, at any time prior to the submission of the installation plans for construction of the Charging Station at the Property or in the event that TID determines that the construction or continued operation of the Charging Station is impracticable or uneconomical; and

(b
) in the case of CITY, in the event the Commencement Date has not occurred within fifteen (15) months following the Agreement Date; provided that the foregoing right shall terminate upon the Commencement Date.

8. Termination for Cause .

This Agreement may be immediately terminated for cause by either party under either of the following circumstances: (a) the other party breaches or fails to perform any of its obligations in any material respect, and such breach or failure continues uncured for fifteen (15) business days after receipt of written notice; or

(b
) the other party becomes insolvent or proceedings are instituted by or against it under any provision of any federal or state bankruptcy insolvency laws.

9. Maintenance of Premises. CITY
shall comply with CITY’s rules, standards and
regulations in maintaining the Premises in a clean, safe, and orderly condition, to at least the same standard as other areas at the Property. CITY shall have no responsibility to maintain TID’s Charging Station or related TID equipment, hardware, software, or signage. CITY shall not retain any ownership rights in the Charging Station and related TID equipment.

10. Installation Activities .
(a) TID shall, at its sole cost and expense, be responsible for all installation activities (the “Installation Activities”) required to support the operation of the Charging Station and services therewith, including furnishing and installing all materials, equipment, and labor required for the installation of the Charging Station. TID may, at any time during the Term and in its discretion modify, including, without limitation, upgrade, replace, and/or remove all or a portion of the Charging Station (collectively, “Modifications”), whether or not said items are considered fixtures and attachments to the Premises. In the event of a substantial and significant Modification to the Charging Station, TID shall provide at least sixty (60) days prior notice to CITY.

ITEM 6

ATTACHMENT B

(b) Before beginning any Installation Activities, TID shall provide a copy of the, Charging Station specifications, and installation plans to CITY for its approval, which approval shall not be unreasonably delayed or withheld. No work will begin until plans have been approved by CITY. With respect to its Installation Activities, TID shall ensure that it or its designated contractor(s) and/or service providers perform Installation Activities only during times and days acceptable to CITY and in a manner so as not to unreasonably interfere with CITY’s business operations.

(c) Upon completion of any Installation Activities under this Agreement, CITY shall not retain any ownership rights of the Charging Station and related equipment, hardware, software, signage, and supporting equipment and structures at the Property.

11. TID Electrical Charges . U
nless otherwise agreed by the parties, TID shall be
responsible for all electrical charges of the Charging Station. CITY shall reasonably cooperate with TID’s efforts regarding the provision of electrical service to the Charging Station. Neither CITY nor TID has any responsibility or liability for interruption, curtailment, failure, or defect in the supply or character of utilities furnished to the Charging Station, unless the cause of the interruption is covered by the party’s indemnity.

12. Charging Services, Operation and Maintenance. TID’s network on the Charging Station shall be accessible to TID’s subscribers, customers, agents, employees, contractors, vendors, guests, and invitees, who shall be charged in amounts reasonably determined by TID, which may change from time to time in TID’s sole discretion.

TID shall provide maintenance services to ensure all equipment is properly checked, tested, and activated for safe and proper operation. TID shall not be responsible for enforcement of laws relating to parking or similar codes for the operation of motor vehicles.

13. Access . T
he Property is a public parking lot, which shall allow the public complimentary access to the Premises at all times during the Term of this Agreement, except during times at which the CITY must close the parking lot for general operating hours, maintenance, safety, special events, and other unforeseen reasons in the discretion of the CITY.

The CITY shall use best efforts to notify TID at least forty-eight (48) hours in advance of such a closure. Subject to all other provisions and obligations of this Agreement , TID and its employees, contractors, and vendors may access the Premises and Property to maintain, inspect, repair, upgrade, or replace any portion of the Charging Station.

14. Signage and Striping. Subject to CITY ’
s prior approval, TID may paint, place, erect,
or project signage, marks, or advertising devices in, on, about, or around the Premises at TID’s sole cost and subject to applicable laws and regulations. At no time may CITY place any signage on TID’s property. TID shall install electric vehicle parking stall pavement striping and markings per the plans approved by the CITY. All signage and pavement markings must be consistent with industry standards for electric vehicle parking, CITY requirements, and State and Federal guidelines. TID shall furnish and install all materials, equipment, and labor for the Charging Station signage and pavement markings.

ITEM 6

ATTACHMENT B

15. Promotional Activities . During the Term of the Agreement, the parties may promote the availability of the Charging Station through traditional and/or electronic media, including providing the address to the Property and a description thereof. No party shall use the other party’s trade or service marks, logos, or other proprietary materials without the prior written consent of the other party.

16. Restoration of Premises . U
pon the expiration of the Term, or other termination of this Agreement, TID shall remove the Charging Station and all TID’s other property from the Premises and Property within one hundred twenty (120) days. TID shall return the Premises, and the Property to the extent TID’s work has damaged or altered the Property, to its original condition prior to the execution of this Agreement, reasonable wear and tear excepted. These obligations shall survive the termination of this Agreement and shall not be excused for any reason, including but not limited to termination due to TID’s insolvency.

17. Indemnity . T
his Agreement is made upon the express condition that TID shall indemnify, defend, keep, and save harmless CITY, and its directors, officers, agents, and employees against any and all suits, claims, or actions arising out of any injury or injuries to, or death or deaths of, persons or damage to third party property that may occur, or that may be alleged to have occurred, to the extent caused by TID’s use of the Property and/or Premises or the negligent acts or omissions of TID, its agents, employees or contractors, except where caused by the negligence or willful misconduct of CITY, its employees, contractors, or agents.

18. Insurance. a. Minimum Coverage. TID shall acquire and maintain Workers’ Compensation, commercial general liability, and owned and non-owned and hired automobile liability insurance coverage relating to TID’s use of the Premises. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event, shall be as follows:

I
nsurance Category Minimum Limits

Workers’ Compensation S tatutory minimum

Commercial General Liability $2,000,000 per occurrence and $2,000,000 for bodily injury, personal injury and
property damage

Automobile Liability $2,000,000 per accident for bodily injury and property damage (coverage required to
the extent applicable to TID’s vehicle usage
in performing services herein)

b. Certificates of Insurance and Required Endorsements. Concurrently with the execution of this Agreement, TID shall furnish CITY with certificates and copies of information or declaration pages of the insurance required hereunder and, with respect to evidence of commercial general liability and automobile liability insurance coverage, the following original endorsements:

ITEM 6

ATTACHMENT B

(i) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after CITY shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail;

(ii) Naming the CITY, its Council, officers, boards, commissions, employees, and agents, as additional insureds; and

(iii) Providing that TID’s insurance coverage shall be primary insurance with respect to CITY, and any insurance or self-insurance maintained by CITY for itself shall be in excess of TID’s insurance and not contributory with it.

c. Umbrella Coverage and Self-Insured Retentions. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY, to the extent required by this Agreement, before the CITY’s insurance or self-insurance may be called upon to protect CITY as a named Insured. All self-insured retentions (SIR) must be disclosed to CITY for approval and shall not reduce the limits of liability coverage. Policies containing a SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named TID/Named Insured or CITY.

19. Representations, Warranties, and Covenants. TID a
nd the CITY each hereby
represents and warrants to the other that, as of the Agreement Date: (a) it has all necessary power and authority to execute, deliver, and perform its obligations hereunder; (b) the execution, delivery, and performance of the Agreement have been duly authorized by all necessary actors and none of the Agreement’s provisions violate any term or condition of its governing documents, contracts to which it is a party, or any law, regulation, order, or other applicable legal determination; (c) there is no pending or known threatened litigation or proceeding that may adversely affect its ability to perform the Agreement; (d) it is duly organized and validly existing under the laws of the jurisdiction of its organization; (e) the Agreement constitutes a legal, valid, and binding obligation, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting creditors’ rights and general principle of equity; and (f) at all times during the Term, it will comply with all applicable Federal, State, and local laws, rules, and regulations (including, without limitation, all zoning ordinances and building codes) in performing its obligations under the Agreement.

20. Notice . A
ny notice provided or permitted to be given under this Agreement must be in writing and be served either by (i) deposit in the mail, addressed to the party to be notified, postage prepaid, and registered or certified, with a return receipt requested, or (ii) deposit with an internationally-recognized overnight delivery carrier, with notice of delivery to the recipient party. Notice given by registered or certified mail or overnight carrier shall be deemed delivered and effective on the date of delivery shown on the return receipt or proof of receipt. For purposes of notice the addresses of the parties shall be as set forth below. Each party may change its address for notice by giving notice thereof to the other party.

ITEM 6

ATTACHMENT B

If to City: City of Ceres
Attn: Sam Royal
2220 Magnolia Street
Ceres, CA 95307

If to TID: Turlock Irrigation District
Attn: Josh Weimer
P.O. Box 949
Turlock, CA 95381

21. Property Rights; Assignment. This Agreement is binding on and inures to the benefit of the parties and their respective heirs, successors, assigns, and personal representatives. In the event the Premises is transferred, or CITY ceases to have the requisite level of control over the Premises necessary to fulfill its obligations under this Agreement (each, a “Transfer Event”), CITY shall assign its rights and obligations under this Agreement to the person or entity which would be able to comply with CITY’s obligations following such Transfer Event. Further, CITY agrees that any such Transfer Event shall not affect, terminate, or disturb TID's right to use of the Premises under the terms of this Agreement or any of TID's other rights under this Agreement, so long as TID is not then in default under any of the terms, covenants, or conditions of this Agreement.

22. Casualty and Condemnation. If any portion of the Property is damaged by fire or other casualty in a manner that adversely affects TID’s use of the Premises, then either party may, within thirty (30) days of the date of such fire or other casualty, elect to terminate the Agreement by written notice to the other party. If any portion of the Property is condemned or taken in any manner for a public or quasi-public use that could adversely affect TID’s use of the Premises, then TID may elect to terminate the Agreement effective as of the date title to the condemned portion of the Property is transferred to the condemning authority.

23. No Agency Relationship. Nothing in this Agreement shall be deemed or construed to create a joint venture, partnership, fiduciary, or agency relationship between the parties for any purpose, and the employees of one party shall not be deemed to be the employees of the other party. Except as otherwise stated in this Agreement, neither party has any right to act on behalf of the other, nor represent that it has such right or authority.

24. Validity . T
he invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. The Agreement shall be construed and deemed reformed to the extent necessary to render valid such term and the rights and obligations of the parties shall be enforced accordingly.

25. Governing Law. This Agreement shall be governed by and interpreted in ac co rdance
with the laws of the State of California without giving effect to conflict of law rules. Venue shall be in Stanislaus County, State of California.

26. No Waiver . N
o waiver by CITY or TID of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by CITY or TID of the same or ITEM 6

ATTACHMENT B

any other provision. CITY’s consent to, or approval of any act shall not be deemed to render unnecessary the obtaining of CITY’s consent to or approval of any subsequent act by TID.

27. Remedies . T he rights and remedies provided by this Agreement are cumulative, and the use of any right or remedy by any party does not preclude or waive its right to use any or all other remedies. These rights and remedies are given in addition to any other rights a party may have under any applicable law, in equity or otherwise.

28. Force Majeure. Neither party is responsible for any delay or failure in performance of any part of this Agreement to the extent that delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God, act or omission of carriers or other similar causes beyond the party’s control.

29. No Third- P
arty Beneficiaries. This Agreement does not confer any rights or remedies on any person other than the parties and their respective successors and permitted assigns.

30. Integration; Amendments. This Agreement contains all agreements, promises, and understandings between the parties, and there are no verbal or oral agreements, promises, or understandings between the parties. Any amendment, modification, or other change to this Agreement shall be ineffective unless made in a writing signed by the parties hereto.

31. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all the parties had signed the same document.

32. Construction. All documents or items attached to, or referred in, this Agreement are incorporated into this Agreement as fully as if stated within the body of this Agreement. Each party has cooperated in the drafting, negotiation, and preparation of this Agreement and nothing herein shall be construed against either party on the basis of that party being the drafter of such language.

33. Recording of Agreement. TID m
ay record this Agreement with the Stanislaus County
Recorder.

I
N WITNESS WHEREOF, this Agreement is executed to be effective as of the date first set forth above.

CITY OF CERES, a Municipal Corporation:

By:______________________________________

TURLOCK IRRIGATION DISTRICT, a
California irrigation district:

By:______________________________________
ITEM 6
ITEM 6
TID Owned EV Charger
Service Pole/Panel
Spaces 2-4 converted to
two (2) EV Charging Spaces
Trench to EV Station

TID OWNED CHARGING STATION AT CERES REGIONAL RIVER BLUFF PARK

ATTACHMENT C
ITEM 6
I IP
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fl:: l'iJtil ii;'; I

ATTACHMENT C
ITEM 6

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: October 23, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Kevin Waugh, PE., Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT:

Resolution No. 202 3-XXX, Approving a Construction Management Service Contract Amendment to ICM Group Inc., Authorizing a Budget Amendment, and Authorizing the Interim City Manager to Execute the Amendment
RECOMMENDED COUNCIL ACTION:

Staff recommends th at City Cou ncil authorizes a contract amendment for construction management services to ICM Group Inc., a budget amendment for the River Bluff Reservoir and Pump Station Project (WTR2120) and authorizes the Interim City Manager to execute the contract amendment.

I. BACKGROUND:

ICM currently provides construction management services to oversee the construction of a three-million-gallon water storage tank and all the necessary components, such as a booster pumping facility, standby generator, and electrical building with controls along with the telemetry system to communicate back to the Stanislaus Regional Water Authority (SRWA) treatment plant.

The Stanislaus Regional Water Authority (SRWA), a Joint Power Authority (JPA), is responsible for constructing the Regional Surface Water Supply Project to supply high - quality drinking water to our terminal reservoir tank.

Due to the SRWA treatment plant delays, the completion of the treatment plant is not scheduled for full operation until November 2023 . Project completion and start up activities require additional construction management oversight.

II. REASONS FOR RECOMMENDATION:

SRWA delays continue to impact the River Bluff Tank & Pump Station Project completion date and start up activities. As the result, t he completion date of the project has been ITEM 7
extended several months to November 2023. Startup activities include antenna positioning, Cla-Val controls, RTD controllers, groundwater intrusion and an arc flash study. Therefore, additional construction management services are required to oversee punch-list and start- up activities.

III. FISCAL IMPACTS:

A Budget Amendment appropriation of $ 67,000.00 is needed from the Water Enterprise Fund in account number 52795.800500 bringing the total adjusted project cost to $938,028.00.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first priority of the Strategic Plan to ensure the community has adequate and well-maintained infrastructure.

V. POLICY ALTERNATIVES:

City Council can choose to direct staff to reject the amendment and re-direct staff on the desired approach.

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Execute construction management services amendment and budget amendment.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager
Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – Second Amendment Contract

4. Attachment D – Approved Resolution 2023-65 (Amendment 1)

5. Attachment E – Approved Resolution 2020-111 (Original Contract) ITEM 7

ATTACHMENT A
RESOLUTION NO. 2023-XXX
APPR

OVING A CONSTRUCTION MANAGEMENT SERVICE CONTRACT
AMENDMENT TO ICM GROUP INC., AUTHORIZING A BUDGET

AMENDMENT, AND AUTHORIZING THE INTERIM CITY MANAGER TO

EXECUTE THE AMENDMENT
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, ICM Group is currently providing construction management services for River Bluff Reservoir & Pump Station Project; and
W
HEREAS, SRWA delays continue to impact the River Bluff Tank & Pump Station Project completion and start up activities; and
W
HEREAS, additional construction management and inspection needs throughout startup including antenna positioning, Cla-Val controls, RTD controllers, groundwater intrusion and arc flash study; and
W
HEREAS, continued construction management services are required to over see the construction completion and startup activities; and
W
HEREAS, the quote for this contract amendment 2 was received from ICM Group Inc., in the amount of $66,766.75 to complete the project; and W
HEREAS, a budget amendment is necessary to complete the project, funding will be appropriated into the account number 52795.800500 in the amount of $67 ,000.00 for the Water Enterprise Fund.

NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approv e a construction management service contract amendment to ICM Group Inc., authorizes a budget amendment, and authorizes the Interim City Manager to execute the amendment.

B
E IT FURTHER RESOLVED the City of Ceres Finance Director is hereby authorized and directed to record the appropriate accounting entries.

P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23rd day of October 2023, by the following vote:

AYES: C
ouncilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___________________________________

Javier Lopez, Mayor
ATTEST:
_________________________________

Fallon Martin, City Clerk
ITEM 7
ITEM 7

ATTACHMENT B

Budget Amendment No.

Fiscal Year 2023 - 2024

Reference Resolution No. 2023- , dated
authorizing appropriations for the Construction Management Service Contract Amendment as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
WATER SERVICE FUND 527 95 800500 $67,000.00

Requested Appropriation $67,000.00
2023 - 2024 Current Appropriation $871,028.00
Total Appropriation $938,028.00

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue
2023 - 2024 Current Estimated Revenue
Total Estimated Revenue

Fiscal Impact:

ITEM 7
ITEM 7

SECOND AMENDMENT TO AN EXISTING CONTRACT
WITH ICM GROUP, INC.

FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CITY OF CERES LOCAL

FACILITIES PROJECT

RECITALS

1. Pursuant to Ceres City Council Resolution No. 2020 -111 the City of Ceres (CITY) and ICM Group, Inc (CONTRACTOR) entered into a contract October 26, 2020, for the provision of construction management services for the City of Ceres local facilities project; River Bluff Reservoir and Pump Station Project (P18-020).

2. The term of the October 26, 20 20 contract was agreed upon an anticipated completion date ending in February 2022, with a provision to accept extensions for good cause. The CONTRACTOR and CITY have agreed to extend the contract to November 2023 with this Amendment 2 to Scope of Services (Exhibit A) and Budget Amendment.

3. Amended compensation for services provided to not exceed the initial limit of $631,028.00 (Reso. 2020-111), Amendment 1 amount of $238,561.00 (Reso 2023 -55), and Amendment 2 amount of $66,766.75 (Reso 2023 -XXX) for a total of $ 936,355.75, without additional authorization from the City Council.

NOW THEREFORE, the parties agree as follows:

1. Grand total of project amount not to exceed $936,355.75 and includes expanded tasks.

2. All of the remaining terms and conditions of the contract shall remain unchanged.

3. This Amendment 2 shall become effective only upon its approval by the City Manager of the City of Ceres.

ITEM 7
IN WITNESS WHEREOF, the parties have executed this SECOND AMENDMENT TO CONTRACT on the dates indicated below.

Dated: ___________________, 2023 Dated: ___________________, 2023 CITY OF CERES, A Municipal Corporation CONTRACTOR, ICM Group, Inc.

By: ___________________________ ______________________________ Douglas D. Dunford,
Interim City Manager
By:

Jeffrey Inferrera, PE
APPROVED AS TO FORM:
______________________________
Nubia Goldstein, City Attorney
ITEM 7
7040 Settlers Trail
Shingle Springs, CA 95682
www.icmgroupusa.com

Phone 916-792-9871

ICM
August 10, 2023

Mr. Kevin Waugh, PE
City of Ceres
2220 Magnolia Street
Ceres, CA 95307

RE: River Bluff Reservoir and Pump Station Project
Subject: Proposed Amendment 2 Budget

Dear Kevin,

We are pleased to present this proposal for providing additional construction management and inspection services for the River Bluff Reservoir and Pump Station Project. We have been diligently progressing the work; however, a few tasks have expanded due to the following:

1. Additional construction management and inspection needs throughout startup including antenna positioning, claval controls, RTD controllers, groundwater intrusion, and arc flash study.

2. Increased change order processing and negotiations including CPRs 33 and 50-56.

3. Increased construction management efforts in regards to the resolution of CPR33.

4. Project completion in October.

Attached is our proposed Amendment 2 budget and Scope of Services to account for the expanded tasks. We are diligently proceeding with the work and will support the City until the Project end. If you have any questions or comments, please let me know. Thank you for your kind consideration.

Sincerely,
Inferrera construction Management Group, Inc.

Jeffrey Inferrera, PE
President

Enclosure

ITEM 7

Scope of Services - Amendment 2

The following Scope of Services will continue as needed:

Construction Management Services
• Conduct Progress Meetings and distribute minutes.
• Conduct special meetings, as needed, and distribute minutes. • Review contractor’s monthly update schedules.
• Review and recommend for approval contractor’s payment applications. • Initiate, review, and process change orders.

Construction Inspection Services
• Inspection, as needed.
• Provide daily reports.
• Provide photographs of project progress, issues, and features of work.

Special Inspection
• Provide compaction testing of subgrade, soils, and aggregate base, as needed.

Post Construction/Close out
• Prepare a Punchlist and update it regularly.
• Provide Final Inspection and document.
• Assist Owner with Close Out Paperwork.
• Provide Owner with a File Transfer of Project documentation.

Other applicable Scope of Services and Exclusions from the original Contract apply.

ITEM 7
Proposed Amendment 2 Budget
Budget 869,589.00$
Budget Expended 869,557.11$
June Budget Overage 16,023.27$
July Budget Overage 14,654.98$
Projected August to October 36,088.50$
Proposed Budget Increase 66,766.75$
Labor Quantity Unit Rate Total
Construction Manager 197.0 Hrs $189.00 $37,233.00
Construction Inspector 152.0 Hrs $147.00 $22,344.00
Construction Inspector OT 1.5x 0.0 Hrs $220.50 $0.00
Construction Inspector 2nd Shift 0.0 Hrs $162.75 $0.00
Construction Inspector 2nd Shift OT 1.5x 0.0 Hrs $236.25 $0.00 Construction Inspector 2nd Shift OT 2x 0.0 Hrs $309.75 $0.00 Electrical Inspector 0.0 Hrs $168.00 $0.00
Administrator 49.0 Hrs $84.00 $4,116.00
Total Labor $63,693.00
Expenses
Vehicle, monthly 0 LS $1,575.00 $0.00
Vehicle, daily 30 LS $63.00 $1,890.00
Field Computer, monthly 1 LS $120.75 $120.75
Field Phone, monthly 1 LS $63.00 $63.00
Miscellaneous Expenses 0 LS $0.00 $0.00
Total Expenses $2,073.75
Subconsultants
Crawford - Material Testing 0 LS $0.00 $0.00
BACC - Coating Inspection 0 LS $0.00 $0.00
Youngdahl - Material Testing 1 LS $1,000.00 $1,000.00
Mark-up $0.00
Total Subs $1,000.00
Proposed Amendment 2 Budget $66,766.75
Inferrera Construction Management Group, Inc.
7040 Settlers Trail
Shingle Springs, CA 95682
916-792-9871
August 9, 2023
ICM
ITEM 7
ITEM 7
ITEM 7
ITEM 7
RESOLUTION NO. 2020- 111
APPROVING AN AGREEMENT WITH ICM GROUP, INC. FOR

CONTSTRUCTION MANAGEMENT SERVICES FOR THE CITY OF

CERES LOCAL FACILITIES PROJECT, AND AUTHORIZE THE

FINANCE DIRECTOR TO APPROVE A BUDGET AMENDMENT

THE CITY COUNCIL
City of Ceres
WHEREAS, the Stanislaus Regional Water Authority ( SRWA) began the Surface Water Project at Fox Grove in 2017 to deliver water from the Tuolumne River to a Surface Water Treatment facility that will be located adjacent to Fox Grove which in turn will deliver treated water to the Cities of Ceres and Turlock; and, WHEREAS, Robert Granberg ( SRWA General Manager) sent Requests for Proposals ( RFPs) for Construction Management Services for the Treatment Plant project along with a request for the Ceres Local Facilities to multiple consultants; and, WHEREAS, of those consultants, four ( 4) firms responded to the request for the Ceres Local Facilities with ICM Group, Inc. being the most responsive; and, WHEREAS, a budget of 631,028.00 is proposed to complete this task and will paid from 2020/ 21 Water Operations Budget, Consultant Services 527. 35. 0213.

NOWTHEREFORE, BE IT HEREBY RESOLVEDthat the City Councilof the City of Ceres does hereby authorize the City Managerto execute this agreementwith ICM Group, Inc. and proceed with the Local Facilities Project to provide treated water to the City of Ceres and authorize the Finance Director to execute a budget amendment and make the appropriate accounting entries.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26th day of October, 2020 by the following vote:

AYES:

NOES:

ABSENT
TEST:

Diane Naya
Council Members: Condit, Durossette, Kline, Ryno, MayorVierra Council Members:

Council Members:

Perez, City Clerk
None
None
Chris Vierra, Mayor
ITEM 7
Exhibit " A"
Budget Amendment No.

Fiscal Year 2020 - 2021
Reference Resolution No. 2020- 111, dated October 26, 2020 authorizing appropriations for Construction Management Services for the City of Ceres Local Facilities Project as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Water Fund 527 95 800500 631, 028. 00
Requested Appropriation 631, 028. 00
2020 2021 Current Appropriation 0. 00
Total Appropriation 631, 028. 00
Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue
2020 - 2021 Current Estimated Revenue
Total Estimated Revenue
Fiscal Impact: CIP Account # 52795- 212200
Exhibit A
ITEM 7

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: October 23, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Samir Royal, Director of Public Works
[email protected], (209) 538-5717
SUBJECT:

Resolution No. 20 23-XXX, Approving a Construction Contract for the Police Station Uninterrupted Power Supply (UPS) Upgrade Project Funded by the American Rescue Plan Act (ARPA ) to Cen Cal Electric, Inc., Authorizing a 10 % Contingency, and Authorizing the Interim City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council to a ward a construction contract for the Police Station Uninterrupted Power Supply (UPS) Upgrade Project funded by the American Rescue Plan Act (ARPA) to Cen Cal Electric, Inc. in the amount of $104,350.00, Authorizing a 10% contingency, and authorizing the Interim City Manager to execute the contract.

I. BACKGROUND:

The City of Ceres police station building was newly constructed, completed, and open to the public
in 1988. The building was designed with a backup emergency power generator and
uninterrupted power supply (UPS) unit that maintains power in the event of failure.

T
he backup power and UPS unit is critical to ensure viability of the 911 and dispatch center’s 24-hour operation. The ex isting uninterrupted power supply (UPS) unit s erving Ceres
police station is the original unit and over thirty-f ive years old. Degradation of the aging equipment has resulted in s everal system failures in the last year, with the final instance rendering the equipment beyond repair. Immediate replacement is imperative for
security of the dispatch center’s continued operations.

II. REASONS
FOR RECOMMENDATION:

The City received four (4) bid proposals for the UPS upgrade project plans and specifications. Cen Cal Electric, Inc. was the successful lowest bidder in the amount of $1
04,350.00 with a 10% contingency equaling $10,435.00 and bringing the total project cost to $114,785.00. A memo with bid results is attached.

ITEM 8
III. FISCAL IMPACTS:

Funding for the project was allocated from the second round of American Rescue Plan Act (ARPA) by Council on June 26, 2023 (Resolution 2023- 72, fund 21910 .029900) in the amount of $125,000.00. Future maintenance costs are included in the annual budget for battery replacement and parts.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Ensure that the community has adequate, well-maintained infrastructure (including water, sewer, streets, traffic signals, parks, sidewalks, facilities) that fosters a quality community and supports a strong economy.

V. POLICY ALTERNATIVES:

Council can elect not to award Cen Cal Electric, Inc. the contract for th e replacement of Uninterrupted Power Supply (UPS) unit. This option is discouraged due to the resulting vulnerability of system operations in the Police Department building. Specifically, the 911 & dispatch center will have a period of interrupted power which has the potential for data loss if the emergency generator backup power system turnover is initiated.

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 execute the contract with Cen Cal Electric, Inc. and staff will issue a notice to proceed.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Bid Results

3. Attachment C – Contract
ITEM 8

ATTACHMENT A
RESOLUTION NO. 2023-XXX

APPROVING A CONSTRUCTION CONTRACT FOR THE POLICE

STATION UNINTERRUPTED POWER SUPPLY (UPS) UPGRADE

PROJECT FUNDED BY THE AMERICAN RESCUE PLAN ACT (ARPA)
TO CEN CAL ELECTRIC, INC., AUTHORIZING A 10% CONTINGENCY,

AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE

CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, City of Ceres police station building was newly constructed, completed, and open to the public in 1988; and

WHEREAS, the building was designed with backup emergency power generator and uninterrupted power supply (UPS) unit that maintains power in the event of failure; and

WHEREAS, the backup power & UPS unit is critical to ensure viability of the 911 & Dispatch center’s 24-hour operation; and

WHEREAS, the existing uninterrupted power supply (UPS) original unit is over thirty-five years old , due to degradation of the aging equipment has resulted in several failures in last year with the final instance rendering the equipment beyond repair and required immediate replacement; and

WHEREAS, four (4) bids were submitted, Cen Cal Electric, Inc. was the successful lowest bidder in the amount of $104,350.00; and

WHEREAS, a 10% contingency in the amount of $10,435.00 is required for unforeseen construction cost brings the total UPS upgrade amount to $114,785.00; and

WHEREAS, funding for the project was allocated from t he second round of American Rescue Plan Act (ARPA) by City Council on June 26, 2023 (R esolution 2023- 72, fund 21910.029900) in the amount of $125,000.00.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approves a construction contract for the police station Uninterrupted Power Supply (UPS) Upgrade Project funded by the American Rescue Plan Act (ARPA) to Cen Cal Electric, Inc., authorizes a 10% contingency, and authorizes the Interim City Manager to execute the contract.

BE IT FURTHER RESOLVED the City of Ceres Finance Director is hereby authorized and directed to record the appropriate accounting entries.

ITEM 8

ATTACHMENT A
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23rd day of October 2023, by the following vote:

AYES: Councilmembers:

NOES Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 8

ATTACHMENT B

October 2, 2023

MEMORANDUM

TO: Douglas Dunford, Interim City Manager

FROM: Sam Royal, Director of Public Works

SUBJECT: CITY OF CERES POLICE STATION UPS UPGRADE

On October 2, 2023, all bids for this project were received. A total of four (4) bids were received, and the results are as follows:

Company City Bid Amount

1. Cen Cal Electric Clovis, CA $ 104,350.00

2. Industrial Electric Modesto, CA $ 119,875.00

3. Layman Electric Modesto, CA $ 144,330.00

4. Schneider Electric San Jose, CA $ 169,662.07

Engineers Estimate - $ 125,000.00

ITEM 8
ITEM 8

ATTACHMENT C

AGREEMENT
FOR

PROFESSIONAL SERVICES

THIS AGREEMENT is made and entered into in the CITY of Ceres, State of
California, this 5th day of September 2023, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and CEN CAL ELECTRIC, INC., hereinafter referred to as "CONTRACTOR" each individually a “Party” or collectively the “Parties”). There are no other parties to this Agreement.

NOW, T HEREFORE, in consideration of this Agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES / PLANS AND SPECIFICATIONS
In compliance with all terms and conditions of this Agreement, the CONTRACTOR shall provide the contracted services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder. As a material inducement to the CITY entering into this Agreement, CONTRACTOR represents that it is a provider of work and services consistent with the standards of care, diligence and skill ordinarily exercised by contractors in similar circumstances in accordance with sound practices and that CONTRACTOR is experienced in performing the work and services contemplated herein. CONTRACTOR covenants that it will follow sound practices and standards in performing the work and services required hereunder and that all work product will be of good quality, fit for the purpose intended.

2. COMPLIANCE WITH LAW
All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the CITY and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered.

ITEM 8

ATTACHMENT C

3. LICENSES, PERMITS, FEES, & ASSESSMENTS
CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR’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.

4. FAMILIARITY WITH WORK
By executing this Agreement, CONTRACTOR warrants that
CONTRACTOR: (a) has thoroughly investigated and considered the Scope of Services to be performed; (b) has carefully considered how the services should be performed; and, (c) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed except at CONTRACTOR’S risk until written instructions are received from the City’s contract officer for this Agreement (“Contract Officer”).

5. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their respective obligations under this 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 this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

ITEM 8

ATTACHMENT C

6. 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 CONTRACTOR, incorporating therein any adjustment in (i) the contract sum, as set forth in Exhibit A, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the CONTRACTOR. Any change in compensation of ten percent (10%) or less of the Contract Sum, or in the time to perform, may be approved by the Contract Officer. Any greater change, taken either separately or cumulatively must be approved by City Council. It is expressly understood by CONTRACTOR that the provisions of this section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. CONTRACTOR hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than CONTRACTOR anticipates and that CONTRACTOR shall not be entitled to additional compensation, therefore.

7. TERM OF AGREEMENT
This Agreement shall be effective September 5, 2023, and will continue in effect until September 30, 2024, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

8. COMMENCEMENT OF WORK
CONTRACTOR shall not undertake any work or incur any costs whatsoever under the terms of this Agreement except upon the prior receipt of a fully executed Purchase Order from the Ceres Department of Finance. Any costs incurred by CONTRACTOR prior to receipt of a purchase order shall be at CONTRACTOR’S expense.

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid the amounts as provided in Exhibit A. The total compensation to CONTRACTOR shall not exceed $104,350.00 unless the Parties mutually agree in writing otherwise.

ITEM 8

ATTACHMENT C

10. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.

11. SCHEDULE OF PERFORMANCE
CONTRACTOR shall begin to perform work required by the Scope of Services as provided in Exhibit A, immediately following receipt of a Notice to Proceed from the CITY. In addition to extensions granted under paragraph 12, when requested by the CONTRACTOR, other extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, if the extension is determined, in the sole discretion of the Contract Officer, to be justified and reasonable.

The Contract Officer’s decision shall be final.

12. FORCE MAJEURE
The time period(s) specified in the Schedule of Performance for performance of the work rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, 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 CONTRACTOR shall within ten (10) days of the 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 CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.

13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONTRACTOR warrants that he has all of the necessary professional ITEM 8

ATTACHMENT C

capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONTRACTOR further warrants that he will reasonably follow the current, generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.

14. SUBCONTRACTING
Should the CONTRACTOR elect to engage any subcontractor(s) to perform any portion of the work, CONTRACTOR shall provide the CITY written notice of the name, address, telephone number, and State contractor’s license number of each such subcontractor, together with proof of workers’ compensation coverage for each such contractor. CONTRACTOR shall remain fully responsible for all acts or omissions of said subcontractors, their employees, agents or assigns.

15. INTEREST OF CONTRACTOR
CONTRACTOR 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 Agreement.

CONTRACTOR warrants that, in performance of this Agreement, CONTRACTOR shall not employ any person having any such interest. CONTRACTOR agrees to file a Statement of Economic Interests with the CITY Clerk at the start and end of this Agreement if so required at the option of CITY.

16. RECORDS
CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the work required by this Agreement and enable the Contract Officer to evaluate the performance of such work.

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 four (5) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or necessary during the performance of this Agreement, for CITY or CONTRACTOR to ITEM 8

ATTACHMENT C

modify the Scope of Services provided for under this 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 Agreement prior to the performance of the additional work.

Until a change order is so executed, CITY will not be responsible to pay any charges CONTRACTOR may incur in performing such additional services, and CONTRACTOR shall not be required to perform any such additional services.

18. INDEPENDENT CONTRACTOR
All acts of CONTRACTOR, his agents, officers, and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR 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 CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

CONTRACTOR, his agents, officers and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

CONTRACTOR shall determine the method, details and means of performing the work and services to be provided by CONTRACTOR under this Agreement. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY'S control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement. CONTRACTOR has control over the manner and means of performing the services under this Agreement.

CONTRACTOR is permitted to provide services to others during the same period service is provided to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.

ITEM 8

ATTACHMENT C

If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. 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 CONTRACTOR.

It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'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.

As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

19. 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 CONTRACTOR: Name: Cen Cal Electric, Inc.

Address: 3564 Prescott Ave.

Clovis, CA 93619
Attention: Eric Hanley
Phone: (559)341-8180

FOR CITY: Name: CITY of Ceres
Address: 2720 Second St.

Ceres, CA 95307
Attention: Sam Royal
Phone: (209) 538-5717

20. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit B.

21. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
ITEM 8

ATTACHMENT C

This Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of CONTRACTOR, (2) legal dissolution of CONTRACTOR, or (3) death of key principal(s) of CONTRACTOR.

Termination by CITY for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this Agreement or materially breach any of his provisions, at its option CITY may terminate this Agreement by giving written notification to CONTRACTOR. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to perform required services or duties, willful destruction of CITY'S property by CONTRACTOR, dishonesty, or theft.

Termination by CONTRACTOR for Default of CITY
Should CITY default in the performance of this Agreement or materially breach any of its provisions, at his/its option CONTRACTOR may terminate this 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 this Agreement shall include but not be limited to any of the following: failure to pay CONTRACTOR as hereafter provided, willful destruction of CONTRACTOR'S property by CITY, dishonesty, or theft.

Termination by CITY for Lack of Budgeted Funds
CITY may terminate this Agreement effective July 1 of any given year upon CITY'S determination to not appropriate sufficient funds for this Agreement for the ensuing fiscal year. In such event, CITY shall give CONTRACTOR not less than 30 days written notice.

Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONTRACTOR all or any part of the payments set forth in this Agreement on the date due, at his option CONTRACTOR may terminate this Agreement if the failure is not remedied within thirty (30) days after CONTRACTOR 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 CONTRACTOR'S Tax Status If CITY determines that CONTRACTOR does not meet the requirements ITEM 8

ATTACHMENT C

of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by giving written notice to CONTRACTOR. The termination date shall be the effective date of the notice.

Voluntary Termination
The parties may terminate this contract upon mutual written Agreement.

In the Event of Termination
If this Agreement is terminated pursuant to this Paragraph, CONTRACTOR 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, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’S work on the project.

If the Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONTRACTOR 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 the Agreement is terminated pursuant to the subparagraph entitled Termination by CITY for Default of CONTRACTOR, CONTRACTOR understands and agrees that CITY may, in CITY'S sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR'S services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

22. INDEMNITY
CONTRACTOR 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, caused in whole or in part by any act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.

CONTRACTOR'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 CONTRACTOR to ITEM 8

ATTACHMENT C

procure and maintain a policy of insurance.

23. ENTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR'S proposal are controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

24. PARTIAL INVALIDITY
If any provision in this Agreement is 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.

25. WAIVER
The waiver by any party to this Agreement of a breach of any provision hereof 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.

26. 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 CONTRACTOR'S charges to CITY under this Agreement.

CONTRACTOR agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for CONTRACTOR services. CITY'S representative shall have the right to reproduce any of the aforesaid documents.

27. PAYMENT OF REVAILING WAGES
CONTRACTOR shall pay to all persons performing work under this Agreement the general prevailing rate of per diem wages as determined by the Department of Industrial Relations of the State of California.

28. WARRANTY
ITEM 8

ATTACHMENT C

CONTRACTOR does hereby warrant and guarantee for a period of one year from acceptance of the work of improvement by the CITY that the work of improvement will be free of all defects caused by defective work or defective materials.

Should the CITY give written notice to the CONTRACTOR of any defects in the work of improvement within the said one year period, CONTRACTOR shall cause all necessary repairs or replacements to be made without cost to the CITY. Should CONTRACTOR fail to make the required repairs or replacements within thirty (30) days from receipt of notice from the CITY, the CITY may cause the repairs or replacements to be made by contract with a third party or by use of CITY forces. The cost of such repairs or replacements shall be paid by the CONTRACTOR. Should CONTRACTOR fail to make payment for the cost of said repairs or replacements, in addition to the cost of said repairs or replacement CONTRACTOR shall pay the CITY’s actual cost of litigation including at witness fees.

29. NONDISCRIMINATION
During the performance of this Contract, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set. CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.

ITEM 8

ATTACHMENT C

30. GOVERNING LAW
This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws or the State of California.

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Stanislaus, State of California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

31. HEADINGS NOT CONTROLLING
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

32. CITY BUSINESS LICENSE
CONTRACTOR will have a CITY of Ceres business license, as required.

33. ATTORNEYS’ FEES
If either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this 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.

ITEM 8

ATTACHMENT C

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.

Dated , 2023 Dated , 2023
CITY OF CERES, a municipal corporation Cen Cal Electric, Inc.

By By
Douglas D. Dunford,
Interim City Manager Signature

Eric Hanley/President

APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

Nubia Goldstein, City Attorney

CONTRACTOR’S CA State License
ATTEST Board #:

Fallon Martin, City Clerk
October 4
20-8628573
C10# 894438
ITEM 8

ATTACHMENT C

EXHIBIT B

INSURANCE REQUIREMENTS FOR CONTRACTORS

Contractor shall procure and maintain for the duration of the Agreement 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 and the results of that work by the CONTRACTOR, his agents, representative, employees or subcontractors.

Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Offices (ISO) Commercial General Liability coverage (occurrence Form CG 00 01).

2. Insurance Services Office (ISO) Form 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

Minimum Limits of Insurance

Contractor shall maintain limits no less than:

1. General Liability:
(including operations, products
and completed operations)
$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

3. Workers’ Compensation $1,000,000 Vendor shall maintain Worker’s Compensation
Insurance (Statutory Limits)
and Employer’s Liability
Insurance with limits of at
least one million dollars
($1,000,000).

ITEM 8

ATTACHMENT C

4. Employer’s Liability: $1,000,000 Per accident for bodily injury or disease.

If the contractor maintains higher limits than the minimums shown above, the entity shall be entitled to coverage at the higher limits maintained by the contractors.

SPECIFICATIONS FOR COMMON SITUATIONS

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 contractor shall provide a financial guarantee satisfactory to the entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions

The general liability policy is to contain, or be endorsed to contain, the following provisions:

1. The entity, its officers, officials, employees, and volunteers are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided with two endorsement forms: 1) in the form of an additional insured endorsement to the Contractor’s insurance or as a separate owner’s police (CG 20 10 11 85 or its equivalent language) and 2) a CG 20 37 10 01 endorsement form or its equivalent language) and 2) a CG 20 37 10 01 endorsement form or its equivalent language. A later edition of the CG 20 10 form along with the CG 20 37 coverage form will give some protection to the entity for specific locations.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’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 ITEM 8

ATTACHMENT C

prior written notice by certified mail, return receipt requested, 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.

Waiver of Subrogation

Contractor hereby agrees to waive subrogation which any insurer of contractor may acquire from contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.

SPECIFICATIONS FOR COMMON SITUATIONS (continued)

The workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of the entity for all work performed by the contractor, its agents, employees, independent contractors and subcontractors.

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. This is only a recommendation. The entity may decide to accept an insurer with a rating of less than A:VII depending on various circumstances.

It is also recommended that the insurer for the contractor/consultant/vendor/lessee be “admitted” in California. This means that the insurer is licensed to do business in California, is subject to his insurance regulations and contributes to the guarantee fund.

However, there may be situations where a non-admitted insurer will have more financial strength (and the ability to respond to claims) than some admitted insurers. Please contact your broker, legal counsel or BRS when faced with this situation.

Those recommendations are applicable to almost any risk and exposure discussed in this manual.

Verification of Coverage

Contractor shall furnish the entity with copies of 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 or policies confirm to the 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 a waiver of these insurance requirements. The entity reserves the right to require complete, certified ITEM 8

ATTACHMENT C

copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Subcontractors

Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

ITEM 8
CEN CAL ELECTRIC, INC.
3564 Prescott Ave.

Clovis, CA 93619
Tel 559-341-8180
Fax 559-322-8684
C10# 894438
September 5, 2023
City of Ceres
Ceres Police Department
2720 Second St. Ceres, CA 95307
ATT
N: Roy Castaneda
RE:

UPS installation at 2720 Second St. in Ceres, CA 95307.

Roy,
Be
low is our electrical scope and pricing for the UPS installation at the Ceres Police Department facility in Ceres, CA. Job scope and estimate are based on previous phone conversations, pictures, emails, and job walk. Changes made during construction could increase job costs and will be billed out on a time and material basis. Pricing effective for 30 days.

Sc
ope of Work:
• Te
st and confirm that damaged UPS is isolated and de-energized. • Disconnect and remove batteries from existing DC cabinet. • Disconnect and remove 40KVA UPS and battery cabinet from basement equipment room.
• Disconnect and remove 12.5 KVA UPS and battery cabinet from basement equipment room.
• Disconnect and remove existing 40 KVA MBP, conduits, and feeders. • Disconnect and remove portion of existing UPS 911 radio conduit and feeder. • Bring new UPS and battery cabinet down to basement equipment room and set in place.
• Anchor new UPS and battery cabinet accordingly.
• Furnish and install 200/3 breaker in Panel ESB to accommodate new UPS. • Furnish and install 2.5” EMT conduit w/ (4) 3/0 THHN CU feeders and (1) #6 THHN CU ground from Panel ESB to new UPS.

EXHIBIT A
ITEM 8
• Furnish and install 2.5” EMT conduit w/ (4) 3/0THHN CU feeders and (1) #6 THHN CU ground from UPS to Panel UPS.
• Furnish and install 60/2 breaker in Panel UPS to accommodate 911 radio equipment.
• Intercept existing conduit and feeders and reroute to designated panels. • Furnish and install 1/0 THHN CU ground to building steel. • Terminate UPS wiring, test, and label accordingly.
• Stand by while new UPS is commissioned.
• Haul off and dispose of old UPS units, battery cabinets, and batteries.

Clarifications:

• Quality Power Solutions will supply (1) 40 kW Eaton 93PM modular redundant UPS system w/ (3) strings of internal VRLA batteries, industrial gateway card, 24X7 onsite startup service, (1) external VRLA battery cabinet for extended runtime, and shipping to customer facility. • Liftgate delivery includes shipping the external battery cabinet empty and onsite labor for (2) Eaton field engineers to install the batteries in conjunction with the UPS onsite startup service.
• P
ayment terms: 40% due upon acceptance, remaining 60% due upon completion. Startup will be performed on an agreed upon date between the Customer and QPS.
• P
aym ent Terms and Conditions: Invoicing will occur upon product shipment. Payment Terms are 15 days from date of invoice unless otherwise stated. A 1.5% (18.0% APR) late charge will be assessed on payments not received within the payment terms.
• UPS to be delivered directly to job site prior to installation. • New battery cabinet to come without batteries installed to help with unloading and staging.
• Batteries to be installed and terminated by Eaton techs during their start up. • Cen Cal Electric will provide truck to dispose of old UPS units, battery cabinets, and batteries.
• The existing service is assumed to be in good working condition and meets code requirements.
• Work is to be done during regular business hours.
• Prevailing wage rates included.
• 911 call station to be relocated for duration of project to allow for installation to be done during regular business hours.
• Interior doors to be removed if needed to get old equipment out of the building. • UPS components furnished by others.
• UPS start up done by others.

Exclusions:

• Engineering, drawings, and Title 24 calculations.

ITEM 8
• Permits and fees.
• Installation of batteries in new cabinet.
• UPS start up other than AC and control terminations and testing.

40KW Eaton UPS: $79,150

Liftgate Delivery/Battery Install: $8,300

Total Labor Cost: $10,350

Total Material Cost: $6,550

TOTAL JOB COST: $104,350

Thank you for the opportunity to submit this proposal. If you have any questions regarding the scope or pricing, please feel free to contact me.

Kindest Regards,

Eric Hanley
President
Cen Cal Electric, Inc.

Approved By: ____________________________ __________________ Signature Date

_____________________________
Printed Name/Title

Job Information for Pre Lien-Documents: (Please review, fill out, or make changes as needed so official prelien paperwork can be drawn up and submitted prior to job start date).

Tennant: City of Ceres Police Department
2720 Second St.

Ceres, CA 95307

ITEM 8

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

FAXPHONE
(A/C, No):(A/C, No, Ext):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $

COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person) $

OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS

HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY (Per accident)
$

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $

PER OTH-

STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
10/4/2023
License # 0E02096
(559) 437-6708 (559) 437-6709
20508
Cen Cal Electric, Inc.
3564 Prescott Ave.

Clovis, CA 93619
20443
19682
A 1,000,000
X
X 7012971407 10/18/2023 10/18/2024 1,000,000
10,000
1,000,000
2,000,000
2,000,000
1,000,000A
7012936429 10/18/2023 10/18/2024
1,000,000B
7012973822 10/18/2023 10/18/2024 1,000,000
10,000
C
51WECAA9R35 12/1/2022 12/1/2023 1,000,000
Y 1,000,000
1,000,000
Per Written Contract
City of Ceres, its entity, its officers, officials, employees and volunteers are named as Additional Insured as respects to General Liability per company form SB146935E 1019 attached. Waiver of Subrogation applies to General Liability per company form SB146935E 1019 attached.

City of Ceres
2720 Second St
Ceres, CA 95307
CENCALE-01 MVERA
DiBuduo & DeFendis Insurance Brokers, LLC
P.O. Box 5479
Fresno, CA 93755-5479
Maria Vera
[email protected]
Valley Forge Insurance Co
Continental Casualty Company
Hartford Fire Insurance Company
X
X
X
X
X
X
X
X

EXHIBIT B
ITEM 8
ITEM 8
ITEM 8
ITEM 8
ITEM 8
ITEM 8

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: October 23, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Kevin Waugh, PE., Director of Engineering Services/City Engineer [email protected] , (209) 538-5775
SUBJECT:

Resolution No. 2023-XXX, Approving the Construction Contract for Ochoa Park Phase II Improvement Project to Stockbridge General Contracting Inc., Authorizing a 10% Contingency, and Authorizing the Interim City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council to award the construction contract for the Ochoa Park Phase II Improvement Project to Stockbridge General Contracting Inc. in the amount of $ 1,937,962.23, plus a 10% contingency of $ 193,796.22, totaling $ 2,131,758.45, and authorize the Interim City Manager to execute the contract.

I. BACKGROUND:

The preliminary improvements constructed at Ochoa Park were completed in March of 2020. Due to funding constraints the City did not move forward at that time with the full range of improvements that were in the park design. The 2020 improvements included grading and site work, installation of some landscaping materials, a play structure, a volleyball area, concrete benches, concrete pavement, and an area for cornhole play.

The improvements left uncompleted at Ochoa Park per the 2020 construction effort included additional site work, utilities, pavement, sidewalks, picnic tables, basketball courts, shade structures and additional landscaping such as trees and shrubs. To facilitate public input for completing the remaining park design features, Council adopted Resolution No. 2022-116 (See attachment D) which directed the City to conduct two public workshops at the park, create a survey to solicit public input, and to select an On -Call Consultant to design and oversee the construction of the final Phase II Ochoa Park improvements. Public outreach flyers were developed in three languages and 1,250 door hangers (containing the workshop and survey input invitations) were placed on the doors of residences within walking distance of the park prior to the scheduled workshop events.

ITEM 9
At the same time, notice of the public workshops and links to the survey were provided on the City’s website and on the City’s Recreation Department’s Facebook page. Discussions with various elected officials and r esults of all interviews with the public during the workshops, and responses to the surveys were collected and analyzed for design feature applicability to Phase II of Ochoa Park (a residential neighborhood park) and incorporated into the conceptual design for Phase II Ochoa Park Improvements.

II. REASONS FOR RECOMMENDATION:

Currently a majority of the park is bare open land with weeds that spread across the property, making for an unfavorable sight to residen ts and those passing by. As identified in the Community Outreach Design Results for Guillermo Ochoa Park, Phase II is the final phase required to complete the project and provide the City with an attractive park for the community to enjoy.

The project was solicited to the public on August 18th with bid proposals due on September 8th. The City received proposals from two contractors. After staff reviewed the bids, it was determined that Stockbridge General Contracting was the lowest responsive and responsible bidder.

III. FISCAL IMPACTS:

The project cons truction was included in the project carryover list under account 21995.800500 in the amount of $2,05 7,872.00 and account 25395.800500 in the amount of $164,071.00, totaling $2,221,943.00 in construction funds.

The contract base bid amount for improvements is $1,910,715.23, with the add alternate 1 for basketball court surfacing bid in the amount of $10,175.00, and the add alternate 2 for pickleball court surfacing bid in the amount of $17,072.00, totaling $1,937,962.23. A 10% contingency of $ 193,796.22 is necessary for any unforeseen costs and construction support is estimated at $80,000.00 for services including, but not limited to, geotechnical services, and material and structural testing, bringing the project total to $2,211,758.45.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first and second goals of the Strategic Plan:
1) Infrastructure: Ensure that the community has adequate, well -maintained infrastructure that fosters a quality community and supports a strong economy.

2) Livable Community: Create a vibrant, safe, attractive, and walkable community that maintains a small -town feel, with parks, trails, shopping, entertainment, and other desirable amenities.

V. POLICY ALTERNATIVES:

City Council can choose to direct staff to reject the proposal and publicly post the project with a similar or modified scope later or reject the proposal and eliminate the project.

ITEM 9
VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

Public outreach was conducted at Ochoa Park on October 8 th and 12th, 2022 for design input on the Phase II buildout. Additionally, an online survey was posted through the City website and was made available from September 9 th, 2022 until October 14th, 2022. Over 100 survey respondents’ results were received for the outreach event and incorporated into the design.

VIII. ENVIRONMENTAL REVIEW:

The project is CEQA Categorically Exempt per Section 15301 Class 1 (b) (c) Existing Facilities and (d) Restoration of Facilities.

IX. STEPS FOLLOWING APPROVAL:

Following approval of this item, the contract will be signed and executed with Stockbridge General Contracting. The contractor will then be issued a notice to proceed, and a pre - construction meeting will be held.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Bid Results

3. Attachment C – Contract

4. Attachment D – Resolution 2022-116

ITEM 9
ITEM 9

ATTACHMENT A
RESOLUTION NO. 2023-XXX

APROVING THE CONSTRUCTION CONTRACT FOR OCHOA PARK PHASE II IMPROVEMENT PROJECT TO STOCKBRIDGE GENERAL CONTRACTING INC., AUTHORIZING A 10% CONTINGENCY, AND AUTHORIZING THE INTERIM CITY

MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, proposals for the construction contract for Ochoa Park Phase II Improvement Project were due September 8th, 2023; and

WHEREAS, the lowest responsive and responsible bid was received from Stockbridge General Contracting Inc. in the amount of $1,910,715.23; and

WHEREAS, the add alternate 1 bid for basketball court surfacing was in the amount of $10,175.00 and the add alternate 2 bid for pickleball court surfacing was in the amount of $17,072.00; and

WHEREAS, a construction contingency in the amount of 10% or $ 193,796.22 is necessary and appropriate to accommodate any unfore seen costs, bringing the total construction authorization to $2,131,758.45; and

WHEREAS, it is estimated that $ 80,000.00 will be needed for construction support which includes Geotechnical services and material and structural testing; and

WHEREAS, the Ochoa Park Phase II Improvement Project was included in the carry over list in account number 21995.800500 in the amount of $2,057,872.00 and 25395.800500 in the amount of $164,071.00, totaling $2,221,943.00.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the construction contract for Ochoa Park Phase II Improvement Project to Stockbridge General Contracting Inc., authoriz es a 10% contingency, and authoriz es the Interim City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23rd day of October 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 9
ITEM 9
1 Site Preparation (Clearing, Grubbing, and Disposal) SF 267,763 $0.35 $93,717.05 $0.17 $45,519.71 $0.87 $232,953.81 2 Tree Protection LS 1 $6,610.00 $6,610.00 $11,240.00 $11,240.00 $28,456.90 $28,456.90 3 Tree Removal EA 1 $2,000.00 $2,000.00 $875.00 $875.00 $3,354.45 $3,354.45 4 Temporary Construction Fencing LF 2,271 $5.00 $11,355.00 $8.75 $19,871.25 $10.88 $24,708.48 5 Temporary Erosion & Sediment Control LS 1 $25,000.00 $25,000.00 $30,250.00 $30,250.00 $35,107.82 $35,107.82 6 Site Grading (Rough & Fine) SF 267,763 $1.25 $334,703.75 $0.63 $168,690.69 $2.17 $581,045.71 7 Site Electrical System LS 1 $200,000.00 $200,000.00 $133,000.00 $133,000.00 $138,835.58 $138,835.58 8 Storm Drain Inlets (24” square) EA 5 $2,500.00 $12,500.00 $4,550.00 $22,750.00 $2,512.80 $12,564.00 9 Storm Drainage Inlets (12” square) w/ sump EA 4 $1,500.00 $6,000.00 $3,900.00 $15,600.00 $5,945.32 $23,781.28 10 6” Storm Drain Line LF 46 $35.00 $1,610.00 $21.00 $966.00 $170.31 $7,834.26 11 8” Storm Drain Line LF 620 $40.00 $24,800.00 $48.25 $29,915.00 $114.98 $71,287.60 12 12” Storm Drain Line LF 292 $45.00 $13,140.00 $70.00 $20,440.00 $144.47 $42,185.24 13 18” Storm Drain Line LF 24 $50.00 $1,200.00 $292.00 $7,008.00 $389.33 $9,343.92 14 1” Water Line to Drinking Fountain LF 428 $29.00 $12,412.00 $15.60 $6,676.80 $56.06 $23,993.68 15 4” Concrete Flatwork SF 22,178 $20.00 $443,560.00 $12.60 $279,442.80 $17.10 $379,243.80 16 12” Wide Concrete Band LF 510 $32.00 $16,320.00 $17.60 $8,976.00 $69.52 $35,455.20 17 Stabilized Decomposed Granite SF 6,354 $7.00 $44,478.00 $5.25 $33,358.50 $11.14 $70,783.56 18 Metal Edging LF 252 $12.00 $3,024.00 $20.50 $5,166.00 $9.80 $2,469.60 19 2x4 PT Edging/ Header LF 588 $8.00 $4,704.00 $15.70 $9,231.60 $8.68 $5,103.84 20 Basketball Court Striping LF 2,400 $5.00 $12,000.00 $1.50 $3,600.00 $1.31 $3,144.00 21 Pickleball Court Striping LF 400 $5.00 $2,000.00 $9.00 $3,600.00 $10.64 $4,256.00 22 Concrete Std Picnic Tables EA 2 $3,500.00 $7,000.00 $1,750.00 $3,500.00 $2,429.16 $4,858.32 23 Concrete Accessible Picnic Tables EA 2 $3,500.00 $7,000.00 $1,800.00 $3,600.00 $2,471.44 $4,942.88 24 Concrete Trash Receptacles EA 2 $1,700.00 $3,400.00 $1,860.00 $3,720.00 $2,694.90 $5,389.80 25 Concrete Recycling Receptacles EA 2 $1,900.00 $3,800.00 $2,050.00 $4,100.00 $3,480.02 $6,960.04 26 Basketball Standard (Hoop, Backboard, & Post) EA 2 $6,300.00 $12,600.00 $11,000.00 $22,000.00 $6,550.40 $13,100.80 27 Drinking Fountain (Includes Sump) LS 1 $13,000.00 $13,000.00 $10,800.00 $10,800.00 $26,014.06 $26,014.06 28 Dog Waste Station EA 1 $3,000.00 $3,000.00 $1,700.00 $1,700.00 $10,928.35 $10,928.35 29 8' Tall Black Vinyl C.L. Fencing at Pickleball Courts LF 232 $200.00 $46,400.00 $114.00 $26,448.00 $168.91 $39,187.12 30 Nets with Posts at Pickleball Courts EA 2 $3,000.00 $6,000.00 $7,500.00 $15,000.00 $8,386.11 $16,772.22 31 16’x16’ Shade Structure EA 2 $43,000.00 $86,000.00 $74,850.00 $149,700.00 $67,186.28 $134,372.56 32 Soil Conditioning & Amendments SF 238,721 $0.50 $119,360.50 $0.60 $143,232.60 $0.27 $64,454.67 33 1 Gallon Shrubs EA 941 $20.00 $18,820.00 $18.30 $17,220.30 $23.51 $22,122.91 34 5 Gallon Shrubs EA 130 $35.00 $4,550.00 $40.00 $5,200.00 $49.26 $6,403.80 35 15 Gallon Trees EA 84 $300.00 $25,200.00 $135.00 $11,340.00 $251.92 $21,161.28 36 24” Box Trees EA 13 $500.00 $6,500.00 $1,000.00 $13,000.00 $403.07 $5,239.91 (P22-11)

BASE BID TABULATION SHEET
BID DUE: SEPTEMBER 21, 2023 at 2:00 PM
TOTAL
(IN FIGURES)

ESTIMATED

QUANTITY

UNIT PRICE
(IN FIGURES)
TOTAL
(IN FIGURES)

UNIT PRICE
(IN FIGURES)

UNIT PRICE
(IN FIGURES)
TOTAL
(IN FIGURES)

OCHOA PARK PHASE II IMPROVEMENTS
Sinclair
Clovis, CA Oakdale, CA
Engineer's Estimate Stockbridge
NO. ITEM UNIT OF

MEASURE
1 of 2
ITEM 9
(P22-11)

BASE BID TABULATION SHEET
BID DUE: SEPTEMBER 21, 2023 at 2:00 PM
TOTAL
(IN FIGURES)

ESTIMATED

QUANTITY

UNIT PRICE
(IN FIGURES)
TOTAL
(IN FIGURES)

UNIT PRICE
(IN FIGURES)

UNIT PRICE
(IN FIGURES)
TOTAL
(IN FIGURES)

OCHOA PARK PHASE II IMPROVEMENTS
Sinclair
Clovis, CA Oakdale, CA
Engineer's Estimate Stockbridge
NO. ITEM UNIT OF

MEASURE
37 Tree Root Barriers LF 650 $15.00 $9,750.00 $13.50 $8,775.00 $20.71 $13,461.50 38 Top Dressing – Decorative Bark Mulch 3” Min. Dept SF 23,561 $0.90 $21,204.90 $0.58 $13,665.38 $0.90 $21,204.90 39 Hydroseed Turf Grass SF 215,160 $0.25 $53,790.00 $0.21 $45,183.60 $0.15 $32,274.00 40 Landscape Maintenance Establishment Period (180 Days) LS 1 $59,900.00 $59,900.00 $70,200.00 $70,200.00 $41,773.83 $41,773.83 41 Irrigation System – RWS EA 194 $100.00 $19,400.00 $380.00 $73,720.00 $82.85 $16,072.90 42 Irrigation System – Low Flow Bubbler SF 23,561 $2.50 $58,902.50 $5.00 $117,805.00 $3.92 $92,359.12 43 Irrigation System – Turf Rotors SF 215,160 $1.50 $322,740.00 $0.80 $172,128.00 $0.83 $178,582.80 44 Irrigation Controller EA 1 $12,000.00 $12,000.00 $24,000.00 $24,000.00 $9,852.85 $9,852.85 45 Irrigation Flow Sensor & Master Valve EA 1 $3,000.00 $3,000.00 $4,500.00 $4,500.00 $7,053.74 $7,053.74 46 Mobilization/ Demobilization (Max 5%) LS 1 $110,000.00 $110,000.00 $94,000.00 $94,000.00 $63,819.58 $63,819.58 $2,304,451.70 $1,910,715.23 $2,594,272.67
ADD ALTERNATE 1
A Basketball Court Surfacing SF 4,070 $13.00 $52,910.00 $2.50 $10,175.00 $2.42 $9,849.40 $52,910.00 $10,175.00 $9,849.40
ADD ALTERNATE 2
A Pickelball Court Surfacing SF 1,760 $13.00 $22,880.00 $9.70 $17,072.00 $9.80 $17,248.00 $22,880.00 $17,072.00 $17,248.00
TOTAL
(IN FIGURES)
TOTAL
(IN FIGURES)
Elite Landscape Construction Inc.,
Creative Builders, First Serve, All
Steel Fence, Redstone Construction,
Hamilton Dillon Electric.

SUB-CONTRACTORS:

Artifical Turf and Landscaping, CVE
Demolition, Golden Bay Fence Plus
Iron Works, Collins Electrical
Company Inc., First Serve
Productions Inc.,
NO. ITEM
NO. ITEM

UNIT OF

MEASURE

UNIT PRICE
(IN FIGURES)

UNIT PRICE
(IN FIGURES)

UNIT PRICE
(IN FIGURES)

UNIT PRICE
(IN FIGURES)

UNIT PRICE
(IN FIGURES)

UNIT PRICE
(IN FIGURES)

UNIT OF

MEASURE

ESTIMATED

QUANTITY

ESTIMATED

QUANTITY
TOTAL
(IN FIGURES)
TOTAL
(IN FIGURES)
TOTAL
(IN FIGURES)
ALT 1
BASE BID:

Engineer's Estimate Stockbridge Sinclair
Clovis, CA Oakdale, CA
ALT 2
Engineer's Estimate Stockbridge Sinclair
Clovis, CA Oakdale, CA
TOTAL
(IN FIGURES)
2 of 2
ITEM 9

CITY OF CERES

ENGINEERING SERVICES DEPARTMENT

THIS AGREEMENT, made and concluded, in duplicate, ,

between the City of Ceres thereof, party of the first part, and

Stockbridge General Contracting, Inc., party of the second part.

ARTICLE I.--WITNESSETH, That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said party of the first part, and under the conditions expressed in the 2 bonds, bearing even date with these presents, and hereunto annexed, the said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the mate rials, except such as are mentioned in the specifications to be furnished by said party of the first part, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City of Ceres, the work described in the special provisions and the project plans described below, including any addenda thereto, and also in conformance with the California Department of Transportation 2023 Standard Plans and Standard Specifications, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished, which said special provisions, project plans, Standard Plans, Standard Specifications, and Labor Surcharge and Equipment Rental Rates are hereby specially referred to and by such reference made a part hereof.

The special provisions for the work to be done are dated August 18, 2023, and are entitled:

CITY OF CERES

ENGINEERING SERVICES DEPARTMENT

NOTICE TO BIDDERS AND SPECIAL PROVISIONS FOR
Ochoa Park Phase II Improvements
#P22-011
IN

CERES, CA

The project plans for the work to be done were approved August 18, 2023, are entitled:

CITY OF CERES

ENGINEERING SERVICES DEPARTMENT

PROJECT PLANS FOR
Ochoa Park Phase II Improvements
#P22-011
IN

CERES, CA

ARTICLE II.--The said party of the first part hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices hereinafter set forth, and hereby contracts to pay the same at the time, in the manner and upon the conditions herein set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE III.--The State general prevailing wage rates determined by the Director of Industrial Relations are hereby made a part of this contract. It is further expressly agreed by and between the parties hereto that sh ould there be any ITEM 9
conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting here with.

ARTICLE IV.--By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in conformance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

ARTICLE V.--And the said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the CITY OF CERES, ENGINEERING SERVICES DEPARTMENT, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Engineer under them, to wit:

The Bid Book in its entirety is attached for reference.

Total Awarded Contract: $1,937,962.23
(Total Base Bid + Add Alternative 1 & 2 Bids)

ITEM 9
ITEM 9
ITEM 9
ITEM 9
ITEM 9
ITEM 9
ITEM 9
ITEM 9
ITEM 9
ITEM 9
BID BOOK - Page 8

LIST OF SUBCONTRACTORS

SUBCONTRACTOR
(Name & Address)

SUBCONTRACTOR
License Number
Department of Industrial
Relations (DIR) Number

DESCRIPTION OF WORK

AND AMOUNT
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO

CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder_________________________________________________________________, proposed subcontractor _______________________________________________, hereby certifies that he has ___ , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Creative Builders X
Type text here
ITEM 9
BID BOOK - Page 8

LIST OF SUBCONTRACTORS

SUBCONTRACTOR
(Name & Address)

SUBCONTRACTOR
License Number
Department of Industrial
Relations (DIR) Number

DESCRIPTION OF WORK

AND AMOUNT

(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO

CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder_________________________________________________________________, proposed subcontractor _______________________________________________, hereby certifies that he has ___ , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opport unity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60 -1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

First Serve Productions Inc.
773811
1000003156
Striping - $6,600
First Serve Productions Inc.

X
1500 Ridgemore Drive, Meadow Vista, CA 95722
ITEM 9
BID BOOK - Page 8

LIST OF SUBCONTRACTORS

SUBCONTRACTOR
(Name & Address)

SUBCONTRACTOR
License Number
Department of Industrial
Relations (DIR) Number

DESCRIPTION OF WORK

AND AMOUNT
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO

CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder_________________________________________________________________, proposed subcontractor _______________________________________________, hereby certifies that he has ___ , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opport unity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60 -1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

All Steel Fence, Inc. X
All Steel Fence, Inc.
146 Klo Road, Lathrop, CA 95330 710512 1000000047 Fencing ITEM 9
BID BOOK - Page 8

LIST OF SUBCONTRACTORS

SUBCONTRACTOR
(Name & Address)

SUBCONTRACTOR
License Number
Department of Industrial
Relations (DIR) Number

DESCRIPTION OF WORK

AND AMOUNT
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO

CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder_________________________________________________________________, proposed subcontractor _______________________________________________, hereby certifies that he has ___ , has not , participated in a previous contract or subcontract subject to the equal opportun ity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Go vernment contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportun ity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subc ontractors who have participated in a previous contract or subcontract subject to the Executive Orde rs and have not filed the required re ports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Redstone Construction Inc.

ITEM 9
BID BOOK - Page 8

LIST OF SUBCONTRACTORS

SUBCONTRACTOR
(Name & Address)

SUBCONTRACTOR
License Number
Department of Industrial
Relations (DIR) Number

DESCRIPTION OF WORK

AND AMOUNT

(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO

CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder_________________________________________________________________, proposed subcontractor _______________________________________________, hereby certifies that he has ___ , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opport unity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60 -1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Hamilton & Dillon Electric, Inc.

X
ITEM 9
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ITEM 9
ITEM 9
ITEM 9
ITEM 9
ITEM 9
ITEM 9
ITEM 9
ITEM 9
ITEM 9

IN WITNESS WHEREOF, The parties to these presents have here -unto set their hands the year and date first above written

CITY OF CERES

By ________________________________ _______
Douglas D. Dunford Interim City Manager

CONTRACTOR

By ________________________________ _______
Guy Stockbridge, CEO/Owner

Licensed in accordance with
an act providing for the
registration of contractors:

License No. ________________________________ _______

Federal Employer Identification No.:

Approved and certified as being in conformance with the requirements of the State Contract Act.

By ________________________________ _______
Nubia Goldstein, City Attorney

Approved Effective __________________________

Attest By ________________________________ __
Fallon Martin, City Clerk

Dated ________________________________

ITEM 9
ITEM 9
ITEM 9

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: October 23, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Delilah Vasquez, Director of Human Resources
[email protected], (209) 538-5772
SUBJECT: Resolution No. 2023-XXX, Approving the Lateral Transfer Incentive Policy
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve a resolution approving the lateral transfer incentive policy.

I. BACKGROUND:

COVID-19 caused a major disruption in America’s labor force that has been referred to as the great Resignation. In addition, hiring rates have outpaced quit rates since November of 2020. Employees are quitting their jobs to take positions at other agencies.

The City does not possess a policy to target lateral transfers (e.g., Police Officer, Public Safety Dispatcher, Assistant/Associate Engineer) that have been difficult to fill in the past or that are likely to be difficult to fill in the future.

II. REASONS FOR RECOMMENDATION:

The City desires to attract fully trained and qualified candidates from other public agencies for hard-to-recruit positions. Hiring experienced lateral transfers reduces the time and expenses required to train employees to provide essential city services.

This policy will address common issues that may prevent the City from attracting experienced lateral transfers for hard-to-recruit positions, specifically the lateral transfer candidate’s loss of leave accruals.

III. FISCAL IMPACTS:

There is no fiscal impact related to this policy.

ITEM 10
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

Council could choose not to approve the new policy which could impact recruitment efforts for our most hard-to-recruit positions.

VI. INTERDEPARTMENTAL COORDINATION:

Human Resources collaborated with all departments in establishing this policy.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Following Council approval, Human Resources will implement the policy for all hard -to- recruit positions.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Lateral Transfer Incentive Policy
ITEM 10

ATTACHMENT A
RESOLUTION NO. 2023-XXX

APPROVING THE LATERAL TRANSFER INCENTIVE POLICY

THE CITY COUNCIL
City of Ceres

WHEREAS, the City of Ceres desires to attract and retain well qualified candidates from other public agencies; and

WHEREAS, a later transfer is defined as persons with a permanent or probationary status employed in another public agency and hired through a competitive recruitment process in the same or comparable classification requiring similar minimum qualifications; and

WHEREAS, hard-to-recruit is defined as classifications with long term vacancy rates despite recruitment efforts to fill vacant positions; and

WHEREAS, this later transfer incentive policy authorizes Human Resources to offer later transfers to start employment with a vacation accrual rate higher than entry level employees in recognition that lateral candidate is earning vacation leave at a higher rate than entry level employees in their current position; and

WHEREAS, this policy also authorizes Human Resources to front load 40 hours of vacation accruals at the start of the first pay period following the date of hire; and

WHEREAS, the policy also authorized Human Resources to offer later transfers to front load the equivalent of six months of sick leave accruals (48) hours at the start of the first pay period following the date of hire; and

WHEREAS, the policy also provides flexibility to the Department Head to grant a later transfer permanent status upon completion of six months of satisfactory employment with the City of Ceres.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the Lateral Transfer Incentive Policy as attached titled Lateral Transfer Incentive Policy.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23rd day of October 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_________________________________
Javier Lopez, Mayor
ATTEST:

___________________________________
Fallon Martin, City Clerk
ITEM 10
ITEM 10

ATTACHMENT B

Issued:

Adopted:

CITY OF CERES

LATERAL TRANSFER INCENTIVE POLICY

PURPOSE
The purpose of this policy is to aid the City in attracting fully trained and qualified candidates from other public agencies for hard-to-recruit positions. The City recognizes the need to have a competitive salary and benefits package available to assist the City in filling such vacancies.

Hiring experienced lateral transfers reduces the time and expenses required to train employees to perform essential City services.

This policy is intended to address common issues that may prevent the City from attracting experienced lateral transfer candidates for hard-to-recruit City positions, including a lateral transfer candidate’s loss of leave accruals and permanent classification status.

POLICY
A lateral transfer is defined as persons with a permanent or probationary status employed in another public agency and originally hired in that agency through a competitive process in the same or comparable classification requiring similar minimum qualifications. The candidate must be currently employed with another government agency at the time of the conditional offer of employment.

Hard-to-recruit is defined as classifications with long term vacancy rates despite repeated recruitment efforts to fill vacant positions. Hard-to-recruit classifications may change over time based on recruitment efforts and changes in labor market conditions. The Human Resources Department is responsible for setting and maintaining hard-to-recruit classifications. Not all lateral transfer opportunities may be considered hard-to-recruit for purposes of this policy.

Utilizing the following hard-to-recruit lateral incentives requires Human Resources approval prior to any lateral incentive offer to a prospective candidate. Upon hiring a lateral transfer utilizing the hard-to-recruit incentives, the Department must verify and confirm through documentation the candidate’s leave accruals with the candidate’s current employer.

LATERAL TRANSFER INCENTIVES
A. V acation Accruals
This lateral transfer incentive policy authorizes Human Resources to offer a lateral transfer to start City employment with a vacation accrual rate higher than entry level employees in recognition that a lateral candidate is earning vacation leave at a higher rate than entry level employees in their current position. Lateral candidates may be placed within existing bargaining unit agreement vacation accrual rates or closest to their current vacation accrual rate but may not exceed the vacation accrual rates they are currently earning.

This lateral transfer incentive policy also authorizes Human Resources to front load (40 hours) of vacation accruals at the start of the first pay period following the date of hire. In ITEM 10

ATTACHMENT B

accordance with Section 10.5 of the Personnel Rules, employees are entitled to vacation leave with pay in the amount of accrued vacation or compensatory time after satisfactory completion of 30 calendar days of service with the City.

B. Sick Leave Accruals
This incentive would authorize Human Resources to offer a lateral transfer to front load the equivalent of six months of sick leave accruals (48 hours) at the start of the first pay period following the date of hire. The lateral would not accrue any additional sick leave until they have completed six months of service. This incentive is intended to provide some continuity of sick leave benefits for candidates who are considering transferring employment to the City of Ceres and losing an existing bank of accrued sick leave benefits.

C. Probationary Period
This lateral incentive policy authorizes Human Resources with Department Head approval to grant a lateral transfer permanent status upon completion of six months of satisfactory employment with the City of Ceres, as evident by a documented performance evaluation.

This provision may only be used when the candidate has already gained permanent status in the same classification with his/her current employer. The lateral must follow the City’s probationary period requirements if they have not gained permanent status with their current employer.

ITEM 10

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: October 23, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Sam Royal, Director of Public Works
[email protected] (209) 538-5717
SUBJECT:

Resolution No. 2023-XXX, Approving the Final Design Plan for the Whitmore Park Gazebo Improvement Project
RECOMMENDED COUNCIL ACTION:

Staff recommends th e City Council adopt Resolution No. 2023 -XXX approving the final design plan for the Whitmore Park Gazebo Improvement Project and to authorize O’Dell Engineering to proceed with project’s design services.

I. BACKGROUND:

Whitmore Park is a community park located in downtown Ceres on North & Third Streets.

The park is utilized for numerous city-sponsored events including the Ceres Street Faire, Concerts in the Park, and several others held throughout the year. It also is utilized for private rentals, of both the gazebo and surrounding park , by residents and community members. Further, t he park serves as a memorial site to honor the veterans in the community.

The e xisting gazebo is approximately 50 years old and is a free-sanding, octagonal, wooden structure with a raised platform surrounded by eight (8) round pillars connected by decorative railing. The gazebo has been showing recent signs of structural degradation, including significant dry rot at the base and rooftop. Ongoing maintenance and repair work performed by City staff has become a necessity to ensure the structure is safe for continued use.

On June 26, 2023, City Council approved a budget amendment to allocate $500,000.00 of American Rescue Plan Act (ARPA) fund s for the Whitmore Park Gazebo Improvements (Resolution 2023 -72). On August 14, 2023, City Council further approved a contract agreement with O’Dell Engineering in the amount of $65,940.00 for the project’s design services.

ITEM 11
II. REASONS FOR RECOMMENDATION:

O’Dell Engineering is a professional firm with significant experience in park design. The City utilizes their services for on-call projects and they are pre-qualified under our latest Master Agreements. The plans for the newly proposed gazebo design reflect the same layout as the existing structure with a raised platform, free standing, octagonal shape, and round pillars and handrails.

III. FISCAL IMPACTS:

On June 26th, 2023, Council approved the use of ARPA funds totaling $500,000.00 for the design and construction of Whitmore Park Gazebo in City of Ceres. City C ouncil also approved the use of Per-Capita Grant funding in the amount of $200,000.00 to supplement expenditures for the Gazebo Improvement Project, providing for a total allocation of $700,000.00. No additional funds are being requested at this time.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Ensure that the community has adequate, well-maintained infrastructure (including water, sewer, streets, traffic signals, parks, sidewalks, facilities) that fosters a quality community and supports a strong economy.

V. POLICY ALTERNATIVES:

Should the Council decide not to approve the final design , the Gazebo Improvement Project will be delayed . This option is not recommended due to the current state of the structure and the safety issues concerning its continued use, as well as the potential loss of Per-Capita Grant funding due to time sensitive application requirements.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon Council approval of the gazebo design , City staff will direct O’Dell Engineering to proceed with final design plans and specification.

Approved by: _____________________________
Douglas D. Dunford
Interim City Manager

ITEM 11
Attachments:

1. Attachment A – Resolution

2. Attachment B – Gazebo Design Plan

ITEM 11
ITEM 11

ATTACHMENT A
RESOLUTION NO. 2023-XXX

APPROVING THE FINAL DESIGN PLAN FOR THE WHITMORE PARK

GAZEBO IMPROVEMENT PROJECT

THE CITY COUNCIL
City of Ceres

WHEREAS, Whitmore Park is a community park located in downtown Ceres on North & Third Street; and

WHEREAS, the park is utilized for several city -sponsored events including the Street Faire, Concerts in the Park and others, as well as for private rental in which both the gazebo and park amenities are reserved for use; and

WHEREAS, the existing gazebo is approximately 50 years old and is a free- sanding octagonal wooden structure with a raised platform surrounded by eight (8) round pillars and decorative railing; and

WHEREAS, the existing gazebo has been showing recent signs of structural degradation including significant dry rot at the base and rooftop; and

WHEREAS, ongoing maintenance and repair work has become a necessity to ensure the structure is safe for continued use; and

WHEREAS, On August 14, 2023, City Council approved a contract agreement with O’Dell Engineering in the amount of $65,940.00 for the project’s design services; and

WHEREAS, O’Dell Engineering is a professional firm with significant experience in park design; and

WHEREAS, the plans for the newly proposed gazebo design reflect the same layout as the existing structure with a raised platform, free standing, octagonal shape, and round pillars and handrails.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the final design plan attached hereto as Exhibit 1 for the Whitmore Park Gazebo Improvement Project.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23
rd day of October 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Fallon Martin, City Clerk
ITEM 11
ITEM 11
SCALE: NTS

NOT FOR CONSTRUCTION
WWW. CEDARFORESTPRODUCTS.COM
800-552-9495
WEST OLIVE, MI 49460
P.O. BOX 145

PRELIMINARY

CEDAR FOREST PRODUCTS
Model #: OSP24-2T-CUS - 7 COLUMNS
Design Criteria: Structure shall be designed to meet site specific snow and wind load design criteria using most current applicable building codes. All structural members are ASTM A-500 U.S. grade B steel. Welded connection plates shall be ASTM A-36 hot rolled steel. All fabrication performed to latest AISC standards by AWS Certified welders. All framing connections are done using A325 grade bolts within concealed access openings from above and will later be concealed by the roofing. All roof framing shall be flush against the roof decking to eliminate the possibility of bird nesting.

Tubular Steel Columns and Beams: Standard column dimension shall be 6" schedule 40 round steel welded to 5/8" base plates for surface mounting. Main support beams are 7" x 5" x 3/16" and purlins are 5" x 3" x 1/8". Steel sizes are preliminary and may change due to ongoing review and final engineering.

Roofing: 24 Ga. pre-cut steel Multi-Rib panels with Kynar 500 finish in a variety of colors with white underside.

Standard roof slope is a 4/12 pitch with a eave height of 8'-0". Attached to structural framing with exposed self tapping screws painted to match roof color. Matching 24 Ga. trim included.

Frame Finish: All steel framework will receive a corrosion protective TGIC Polyester powder coat, electro-statically applied and cured at 400°F. A large selection of standard colors are available.

Foundation: All columns need to be anchored to concrete footings (footing design provided separately).

Columns can be surface mounted to footings with anchor bolts at or below finish slab elevation or they can be embedded directly into the footing without base plates upon request. Anchor bolts and bracing templates are included. Optional base plate covers are available at an additional cost.

Hardware: All structural hardware and roofing fasteners shall be provided.

Warranty: 10 years against manufacturer defects.

Not Included: Concrete work of any kind, unloading of product and installation. 12 4
24 GA. PRE-CUT STEEL

PANELS & TRIM
6" SCH 40 ROUND STEEL

COLUMN (TYP)
7" x 5" TUBE STEEL

HIP BEAM (TYP)
5" x 3" TUBE STEEL

PURLIN (TYP)
12'
8'
(4) Handrails
4"3'-6"
Backside Only
24'
21'
12 4
7" x 5" TUBE STEEL
HEADER (TYP) 5" x 5" TUBE STEEL

UPRIGHT WELDED

TO HEADER
7x5 TUBE STEEL

STUB UPRIGHT

WELDED TO

OVERSIZED PLATE,
ON TOP OF 2

COLUMNS FOR
HEADER
14'-10 3
16"

ATTACHMENT B
ITEM 11

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: October 23, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Doug Dunford, Interim City Manager
[email protected], (209) 538-5751
SUBJECT:

Resolution No. 2023 -XXX, Establishing Intention to Consider Pension Cost Mitigation Strategies, Including the Prepayment and/or Refinancing of a Portion of the City’s Outstanding Unfunded Accrued Pension Liability and Appointing and Approving Open Consulting Agreements with Financial Consultants
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the subject resolution.

I. BACKGROUND:

The City is a member of the Stanislaus County Employees’ Retirement Association (“StanCERA”) operating under the County Employees Retirement Law of 1937, and is obligated by law to make certain payments to StanCERA in respect of its miscellaneous and safety retirement plans (collectively, the “Pension Plans”). Among other things, the City is legally obligated under the Pension Plans to pay any unfunded accrued liability (the “UAL”), which is the amount by which StanCERA is short of the amount that will be necessary, without further payments from the City, to pay benefits already earned by current and former employees covered by the Pension Plans.

Ideally, the Pension Plans should be fully funded at 100% because the City is legally obligated to fulfill 100% of pension benefits promised to retirees and pensioners, and because it is very expensive to carry the 6.75% interest cost associated with UAL.

However, the Pension Plans are current only approximately 74% funded, with total UAL now approximately $47 million. This means that the City must pay 6.75% interest on the UAL fund balance each year, in addition to paying normal costs and the amortizing principal balance of the UAL.

In addition to the $47 million in UAL principal, the City is expected to also pay approximately $43 million in interest cost over the next 20 years unless proactive ITEM 13
measures are taken. These expenses are imposing significant strain on resources allocated for essential services, local projects, and various budgetary needs.

II. REASONS FOR RECOMMENDATION:

Staff has been discussing its Pension Plans and the associated UAL, as well as various alternative approaches to mitigating the costs associated therewith. Staff has been working with The Weist Law Firm (bond counsel firm) as well as Calif ornia Municipal Advisors LLC (municipal financial advisory firm) to analyze the legal and financial nuances pertaining to the possible pension cost mitigation strategies, including the possible prepayment and/or refinancing of a portion of the City’s prese ntly outstanding UAL balances (the “Pension Cost Mitigation Strategies”).

WeistLaw and CalMuni (the “Consultants”) plan on virtually attending the City Council Meeting to provide an overview presentation on the status of the Pension Plans, the outstanding associated UAL and the corresponding potential pension cost mitigation strategies and optimization scenarios. After receiving the presentation, Council can consider appointing the consultants necessary to, among other things, work with staff to prepare a long-term financing plan and pension management policy and to analyze and execute the Pension Cost Mitigation Strategies brought to Council for consideration at a later date.

III. FISCAL IMPACTS:

Consulting costs will only be incurred if a financing is unsuccessful, in which case costs are estimated to not exceed $50,000. There would also be cost implications to the City for staff time spent on administrative tasks associated with the pension cost mitigation process. However, the anticipated cash flow savings to the City and its taxpayers as a result of the Pension Cost Mitigation Strategies are projected to far exceed any associated costs.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Pursuing cost mitigation opportunities and sa ving money fulfills several goals of the strategic plan including creating a livable community, fostering economic development, planning for the future and community engagement. It also conforms to the goals and policies set forth in Strategic Plan and Section 7.2 of the General Plan.

V. POLICY ALTERNATIVES:

The City Council’s options are:

1. Adopt the Resolution without any changes;

2. Adopt the Resolution with changes and revisions; or

3. Reject the Resolution entirely.

VI. INTERDEPARTMENTAL COORDINATION:

These services are being coordinated with Finance and Human Resources ITEM 13
VII. PUBLIC PARTICIPATION:

Public participation is based on a project -by-project basis. These agreements are for general support of the City’s fiscal health and not project specific.

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Execute the agreements with CalMuni Advisors and Weist Law

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – CalMuni Professional Services Agreement

3. Attachment C – WeistLaw Professional Services Agreement

4. Attachment D – Presentation

ITEM 13
ITEM 13

ATTACHMENT A
RESOLUTION NO. 2023-XXX

ESTABLISHING INTENTION TO CONSIDER PENSION COST MITIGATION

STRATEGIES, INCLUDING THE PREPAYMENT AND/OR REFINANCING A PORTION OF THE CITY’S OUTSTANDING UNFUNDED ACCRUED

PENSION LIABILITY AND APPOINTING AND APPROVING OPEN

CONSULTING AGREEMENTS WITH FINANCIAL CONSULTANTS

THE CITY COUNCIL
City of Ceres
WHEREAS, the City of Ceres (the “City”) is a member of the Stanislaus County Employees’ Retirement Association (“StanCERA” or the “ Pension Plans”) operating under the County Employees Retirement Law of 1937, Government Code Section 31450 et. seq. (the “Retirement Law”), and the California Public Employees’ Pension Reform Act, and, as such, is obligated by Retirement Law to make contributions to StanCERA to (a) fund pension benefits for its employees who are members of the Pension Plans, (b) amortize the unfunded accrued liability with respect to such pension benefits (the “UAL”), and (c) appropriate funds for the purposes described in (a) and (b); and
WHEREAS, the City is legally obligated under the Pension Plans to pay any unfunded accrued liability (the “UAL”), which is the amount by which StanCERA is short of the amount that will be necessary, without further payments from the City, to pay benefits already earned by current and former employees covered by StanCERA; and WHEREAS, in accordance with the StanCERA most recent ly released Actuarial Valuation Report (dated June 30, 2022), the City has a current ly outstanding (i) “Classic” Safety Plan UAL obligation of approximately $29,500,000, and (ii) “Classic” Miscellaneous Plan UAL obligation of $17,000,000 (collectively, the “UAL Obligation”), which is scheduled to be amortized over the next 20 years; and
WHEREAS, the City Council (the “City Council”) of City , after due investigation and deliberation, has determined that it is in the public interests of the City at this time to consider pension cost mitigation strategies, including the possible prepayment and/or refinancing of a portion of the UAL (collectively, the “Pension Cost Mitigation Strategies”); and WHEREAS, in order to efficiently plan and execute the Pension Cost Mitigation Strategies, the City desires to appoint California Municipal Advisors LLC as Municipal Advisor and The Weist Law Firm as Bond Counsel and Disclosure Counsel to provide the necessary professional services in connection therewith; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ceres as follows:

Section 1. Recitals and Findings . The City Council hereby specifically finds and declares that each of the statements, findings and determinations of the City set forth in the recitals set forth above are true and correct and that the Pension Cost Mitigation Strategies will result in public benefits to the City and its ratepayers.

ITEM 13

ATTACHMENT B

Section 2. Intention to Proceed . The City Council hereby determines that it is necessary and desirable to proceed with the study, development and execution of Pension Cost Mitigation Strategies, subject to final authorization thereof by resolution of the City at a subsequent meeting held for such purpose.

Section 3. Authorized Representatives . The Mayor, Interim City Manager and Finance Director, and any other person authorized by the City Manager to act on behalf of the City shall each be an “Authorized Representative ” of the City for the purposes of structuring and providing for the matter to be brought back to the City Council for further consideration, and are hereby authorized, jointly and severally, in each of their discretion, to effectuate the actions which the City Council has approved in this Resolution.

Section 4. Professional Services. The City Council hereby appoints California Municipal Advisors LLC as Municipal Advisor and The Weist Law Firm as Bond Counsel and Disclosure Counsel in connection with the services described in the agreements with each firm in the respective form s presented at this meeting and on file with the City Clerk. The Council hereby approves the agreements for consulting services and the Interim City Manager is authorized and directed to execute such agreements.

Section 5. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23rd day of October 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

__________________________________
Javier Lopez, Mayor
ATTEST:

______________________________
Fallon Martin, City Clerk

ITEM 13
Page | 1

ATTACHMENT B
ITEM 13
Page | 1

CALIFORNIA MUNICIPAL ADVISORS LLC

AGREEMENT FOR CONSULTING SERVICES

THIS AGREEMENT (the “Agreement”), made and entered into as of October 23, 2023, by and between the City of Ceres, a political subdivision, organized and existing under the Constitution and laws of the State of California, with its principal place of business at 2220 Magnolia Street, Ceres, CA 95307 (the “City”), and California Municipal Advisors LLC, a California Limited Liability Company, with its principal place of business at 1401 21st Street; Suite 5778, Sacramento, CA 95811 (“CalMuni”), sets forth the terms and conditions under which CalMuni shall provide consulting services to the City.

WHEREAS, the City has a series of upcoming projects, goals, and current liabilities of the City and need to assess the overall financial position and future of operations; and

WHEREAS, some short-term and long-term goals of the City include determining optimal cost mitigation measures and financing solutions for the City’s unfunded actuarial accrued liability (the “UAL”) associated with its pension plans with the Stanislaus County Employees’ Retirement Association (“StanCERA” or the “Plan”), capital improvement projects, equipment replacement and acquisitions; and

WHEREAS, as a financial consultant and municipal advisor to cities, counties, special districts and other local government agencies throughout the State of California, CalMuni regularly works with agencies to prepare long-term financing plans, capital improvement plans, funding plans, debt capacity analysis, financial modeling/quantitative analysis, pension cost mitigation plans and other similar engagements, in each case acting in a fiduciary capacity in support of the long-term fiscal health to bolster operational efficiency and effectiveness of public agencies; and

WHEREAS, the City wishes to retain the services of CalMuni to do the necessary financial consulting work outlined in this Agreement to assist (i) in the development and implementation of a comprehensive pension management plan (the “Pension Management Plan” or “PMP”), and (ii) in the creation and adoption of a ten year comprehensive long-term financial plan (the “LTFP”), all as more particularly described in Exhibit A; and

WHEREAS, CalMuni is duly licensed and has the necessary qualifications, experience, and personnel necessary to properly provide the Scope of Services; and

WHEREAS, the City Council, hereby authorizes the City Manager to enter into this Agreement on behalf of the City; and

NOW, THEREFORE , in consideration of the mutual covenants and conditions contained herein, and intending to be legally bound hereby, the City and CalMuni agree as follows:

SECTION I. SCOPE OF SERVICES

A. CalMuni shall provide the services described in Exhibit A to this Agreement (hereinafter referred to interchangeably as the “Services” or “Scope of Services”). Any ITEM 13

AGREEMENT FOR CONSULTING SERVICES
Page | 2
material changes or additions to the Scope of Services described in Exhibit A shall be promptly reflected in a written supplement or amendment to this Agreement. Services provided by CalMuni which are not specifically referenced in the Scope of Services shall be completed as agreed in writing in advance between the City and CalMuni. Upon request of the City, CalMuni may agree to additional services to be provided by CalMuni, only by a separate agreement between the City and CalMuni.

B. The Scope of Services details current, ongoing and additional services of CalMuni.

The City shall not be responsible for payment of any Service unless mutually agreed upon and authorized by the City. CalMuni shall not be responsible for any performance of Services until mutually agreed upon and authorized by the City.

C. CalMuni shall perform all such work with skill and diligence and pursuant to generally accepted standards of practice in effect at t he time of performance. CalMuni shall provide corrective services without charge to the City for work which fails to meet these standards, and which is reported to CalMuni in writing within sixty (60) days of discovery.

D. The City shall cooperate with CalMuni and will furnish all information, data, records, and reports existing and available to the City to enable CalMuni to carry out work outlined in the Scope of Services. CalMuni shall be entitled to reasonably rely on information, data, records, and reports furnished by the City, however, the City makes no warranty as to the accuracy or completeness of any such information, data, records, or reports available to it and provided to CalMuni which were furnished to the City by a third party. CalMuni shall have a duty to bring to the City’s attention any deficiency or error it may discover in any information provided to CalMuni by the City or a third party.

E. CalMuni shall, at its sole cost and expe nse, furnish all facilities and equipment that may be required for furnishing Services pursuant to this Agreement. The City shall furnish to CalMuni no facilities or equipment, unless the City otherwise agrees in writing to provide the same.

F. CalMuni shall, at CalMuni’s sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits or other such approvals which are legally required for performing the Services.

G. Upon the City’s request, CalMuni shall provide, in a form acceptable to the City, written progress reports of all oral and written obser vations, opinions, recommendations, analyses, progress and conclusions related to CalMuni’s performance of the Services.

SECTION II. WORK SCHEDULE

The Services described in Section A-I of Exhibit A are to commence as soon as practicable after the execution of this Agreement. The balance of Services described in Exhibit A shall commence only upon the City’s written direction.

ITEM 13

AGREEMENT FOR CONSULTING SERVICES
Page | 3
SECTION III. REGISTERED MUNICIPAL ADVISOR; REQUIRED DISCLOSURES

A. IRMA Disclosures. CalMuni is a registered municipal advisor with the Securities and Exchange Commission (the “SEC”) and the Municipal Securities Rulemaking Board (the “MSRB”), pursuant to the Securities Exchange Act of 1934 Rule 15Ba1-2. This Agreement designates CalMuni as the City’s independent registered municipal advisor (“IRMA”) with regard to the attached Scope of Services for purposes of SEC Rule 15Ba1-1(d)(3)(vi) (the “IRMA Exemption”). CalMuni shall not be responsible for, or have any liability in connection with, verifying that CalMuni is independent from any other party seeking to rely on the IRMA Exemption (as such independent status is required pursuant to the IRMA Exemption, as interpreted from time to time by the SEC). The City acknowledges and agrees that any reference to CalMuni, its personnel, and its role as IRMA, including in the written representation of the City required under SEC Rule 15Ba1-1(d)(3)(vi)(B) shall be subject to prior approval by CalMuni. The City further agrees not to represent that CalMuni is the City’s IRMA with respect to any aspect of a municipal securities issuance or municipal financial product, outside of the attached Scope of Services or without CalMuni’s prior written consent.

B. Rule G-42 Disclosures. MSRB Rule G-42 requires that municipal advisors make written disclosures to its client ’s of all material conflicts of interest and certain legal or disciplinary events. Such disclosures are provided in CalMuni’s Disclosure Statement delivered to the City together with this Agreement as Exhibit C.

C. Fiduciary Duty of Care. CalMuni has a legal fiduciary Duty of Care to:

1. Exercise due care in performing its municipal advisory activities;

2. Possess the degree of knowledge and expertise needed to provide the City with informed advice;

3. Make a reasonable inquiry as to the facts that are relevant to City’s determination as to whether to proceed with a course of action or that form the basis for any advice provided to City; and

4. Undertake a reasonable investigation to determine that CalMuni is not forming any recommendation on materially inaccurate or incomplete information; CalMuni must have a reasonable basis for:

i. any advice provided to or on behalf of City;

ii. any representations made in a ce rtificate that it signs that will be reasonably foreseeably relied upon by City, any other party involved in the municipal securities transaction or municipal financial product, or investors in the City securities; and

iii. any information provided to the City or other parties involved in the municipal securities transaction when participating in the preparation of an official statement.

ITEM 13

AGREEMENT FOR CONSULTING SERVICES
Page | 4
D. Fiduciary Duty of Loyalty. CalMuni has a legal fiduciary Duty of Loyalty to deal honestly and with the utmost good faith with City and act in City’s best interests without regard to the financial or other interests of CalMuni. CalMuni will eliminate or provide full and fair disclosure (included herein) to City about each material conflict of intere st (as applicable). CalMuni will not engage in municipal advisory activities with City as a municipal entity, if it cannot manage or mitigate its conflicts in a manner that will permit it to act in City’s best interests.

SECTION IV. COMPENSATION

A. For the Services provided under this Agreement, CalMuni’s professional fees shall be paid as provided in Exhibit B to this Agreement. Any services which are not included in the Scope of Services set forth in Exhibit A of this Agreement will be subject to separate, mutually acceptable fee structures.

B. Invoice(s) in a format and on a schedule acceptable to the City shall be submitted to and be reviewed and verified by the City. The City shall notify CalMuni of exceptions or disputed items and their dollar value within fi fteen (15) days of receipt. Payment of the undisputed amount of the invoice will typically be made approximately thirty (30) days after the invoice is received by the City.

C. CalMuni will maintain clearly identifiable, complete and accurate records with respect to all costs incurred under this Agreement on an industry recognized accounting basis.

CalMuni shall make available to the representative of the City all such books and records related to this Agreement, and the right to examine, copy and audit the same during regular business hours upon three (3) business days’ notice for a period of two (2) years from the date of final payment under this Agreement.

SECTION V. TERM AND TERMINATION

A. Unless otherwise provided, the term of th is Agreement shall begin on the date of its full execution and shall expire on the following dates as to the scope of work set forth in the referenced exhibits unless extended by amendment or terminated earlier as provided herein.

Exhibit
Termination Date
A-I – LTFP Services December 31, 2024
A-II – Pension Management Plan Services December 31, 2024 A-III – Issuance of Debt Obligations Per Written Notice A-IV – Annual Monitoring and Maintenance Services Per Written Notice

B. The City may suspend this Agreement and CalMuni’s performance of the Services, wholly or in part, by written notice to CalMuni, for such period as it deems necessary in the City’s sole discretion. CalMuni will be paid for satisfactory services performed through the date of suspension.

C. If CalMuni at any time refuses or neglects to perform its Services in a timely fashion or in accordance with the schedule identified in Exhibit A, or is declared bankrupt, or commits any act of insolvency, or makes an assignment for the benefit of creditors without City’s consent, or fails to make prompt payment to persons furnishing labor, equipment, materials ITEM 13

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or services, or fails in any respect to properly and diligently perform its Services, or otherwise fails to perform fully any and all of the Agreements herein contained, this Agreement shall be terminated.

D. If CalMuni fails to cure the default within seven (7) days after written notice from the City, the City may, at its sole option, demand possession of any documents or other materials (in paper and electronic form) prepared or used by CalMuni in connection with the provision of Services and (1) provide any such work, labor, materials or services as may be necessary to overcome the default and deduct the cost thereof from any money then due or thereafter to become due to CalMuni under this Agreement; or (2) terminate this Agreement.

E. This Agreement and all Services, in whole or part, may be terminated upon ten (10) days written notice from either party, with or without cause. In the event City elects to terminate this Agreement, CalMuni shall be paid for all services rendered, unless the termination is made for cause, in which event compensation, if any, shall be adjusted in the light of the particular facts and circumstances involved in the termination. This continuing right to receive full compensation shall survive the term of this Agreement.

SECTION VI. ASSIGNMENT

CalMuni shall not assign any interest in this Agreement or subcontract any of the work performed under the Agreement without the prior written consent of the City.

SECTION VII. RECOMMENDATIONS

If CalMuni makes a recommendation of a municipal securities transaction or municipal financial product or if the review of a recommendation of another party is requested in writing by the City and is within the scope of the engagement, CalMuni will determine, based on the information obtained through reasonable diligence of CalMuni whether a municipal securities transaction or municipal financial product is suitable for the City. In addition, CalMuni will inform the City of:

i. the evaluation of the material risks, potential benefits, structure, and other characteristics of the recommendation;

ii. the basis upon which CalMuni reasonably believes that the recommended municipal securities transaction or municipal financial product is, or is not, suitable for the City; and

iii. whether CalMuni has investigated or considered other reasonably feasible alternatives to the recommendation that might also or alternatively serve the City’s objectives.

If the City elects a course of action that is independent of or contrary to the advice provided by CalMuni, then CalMuni is not required on that basis to disengage from the City.

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SECTION VIII. CONFIDENTIALITY

A. All information, data, reports, and records (“Data”) in the possession of the City or any third-party agent to the City necessary for carrying out any services to be performed under this Agreement shall be furnished to CalMuni, and the City shall cause its agent(s) to cooperate with CalMuni in its conduct of reasonable due diligence in performing the services.

B. Unless otherwise provided for herein, all documents, materials, data, computer data files, basis for calculations, and reports originated and prepared by CalMuni under this agreement shall be and remain the property of the City for its use in any manner it deems appropriate. CalMuni shall deliver the work product to the City in the PDF format electronically. CalMuni shall use all reasonabl e efforts to ensure that any electronic files provided to the City will be compatible with the City’s current computer hardware and software. CalMuni makes no representation as to long-term compatibility, usability or readability of the format resulting from the use of software application packages, operating systems or computer hardware differing from those in use by the City at the commencement of this Agreement. CalMuni shall be permitted to maintain copies of all such data for its files.

The City acknowledges that its use of the work product is limited to the purposes contemplated by the Scope of Services and, s hould the City use these products or data in connection with additions to the work required under this Agreement or for new work without consultation with and without additional compensation to CalMuni, CalMuni makes no representation as to the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services and shall have no liability or responsibility whatsoever in connection with such use which shall be at the City’s sole risk.

Any and all liability arising out of changes made by the City to CalMuni’s deliverables is waived against CalMuni unless the City has given CalMuni prior written notice of the changes and has received CalMuni’s written consent to such changes.

C. To the extent the City requests that CalMuni provide advice with regard to any recommendation made by a third party, the City will provide to CalMuni written direction to do so as well as any Data it has received from such third party relating to its recommendation.

The City acknowledges and agrees that while CalMuni is relying on the Data in connection with its provision of the services under this Agreement, CalMuni makes no representation with respect to and shall not be responsible for the accuracy or completeness of such Data.

D. In the course of performing services under this Agreement CalMuni may obtain, receive, and review confidential or proprietary documents, information or materials that are and shall remain the exclusive property of the City. Should CalMuni undertake the work on behalf of other agencies, entities, firms or persons relating to the matters described in the Scope of Services, it is expressly agreed by CalMuni that any such confidential or proprietary information or materials shall not be provided or disclosed in any manner to any of the City’s other clients, or to any other third party, without the City’s prior express written consent.

SECTION IX. NOTICES

All notices given under this Agreement shall be in writing, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the designated below. The parties designate the following as the respective places for giving notice, to wit:

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City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Attention: City Manager
California Municipal Advisors LLC
1401 21st Street; Suite 5778
Sacramento, CA 95811
Attention: Andrew Flynn

SECTION X. LIMITATION OF LIABILITY

Except to the extent caused by willful misconduct, bad faith, negligence, or reckless disregard of obligations or duties under this Agreement on the part of CalMuni or any of its associated persons, neither CalMuni nor any of its associated persons shall have liability to any person for any act or omission in connection with performance of its services hereunder, or for any error of judgment or mistake of law, or for any loss arising out of any issuance of municipal securities, any municipal financial product or any other financial product or investment, or for any financial or other damages resulting from the City’s election to act or not to act, as the case may be, contrary to or, absent negligence on the part of CalMuni or any of its associated persons, upon any advice or recommendation provided by CalMuni to the City.

SECTION XII. INDEPENDENT CONTRACTOR; NO THIRD-PARTY BENEFICIARY

A. CalMuni, its employees, officers and repr esentatives at all times shall be independent contractors and shall not be deemed to be employees, agents, partners, servants and/or joint venturers of the City by virtue of this Agreement or any actions or services rendered under this Agreement. This Agreement shall not be construed as an agreement for employment.

Nothing in this Agreement is intended or shall be construed to give any person, other than the Parties hereto, their successors and permitted assigns, any legal or equitable rights, remedy, or claim under or in respect of this Agreement or any provisions contained herein.

B. CalMuni acknowledges that CalMuni: (1) is free from the control and direction of the City in connection with the performance of the Services; (2) performs Services outside the usual course of the City’s business; and (3) is customarily engaged in an independently established trade, occupation, or business of the same nature as CalMuni performs for the City, and has the option to perform such work for other entities. CalMuni shall have no authority to contract for or otherwise bind the City.

SECTION XIII. DISPUTE RESOLUTION

If any dispute arises between the parties as to proper interpretation or application of this Agreement, the parties shall first meet and confer in a good faith attempt to resolve the matter between themselves. If the dispute is not resolved by meeting and conferring, the matter shall be submitted for formal mediation to a mediator selected mutually by the parties.

The expenses of such mediation shall be shar ed equally between the parties. If the dispute is not or cannot be resolved by mediation, the parties may mutually agree (but only as to those issues of the matter not resolved by mediat ion) to submit their dispute to arbitration.

Before commencement of the arbitration, the parties may elect to have the arbitration proceed on an informal basis; however, if the parties are unable so to agree, then the arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be binding, unless within thirty (30) days after issuance of the ITEM 13

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arbitrator’s written decision, any party files an action in court. Venue and jurisdiction for any such action between the parties shall lie in the Superior Court for the County of Santa Clara.

In the event of any controversy, claim or dispute relating to this Agreement, or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney’s fees and costs.

SECTION XIV. APPLICABLE LAW

This Agreement shall be construed, enforced, and administered according to the laws of the State of California. CalMuni and the City agree that, should a disagreement arise as to the terms or enforcement of any provision of this Agreement, each party will in good faith attempt to resolve said disagreement prior to pursuing other action.

SECTION XV. TOOL DEVELOPMENT

Except as otherwise set forth in this Ag reement, the City will ow n all tangible written material originally prepared expressly for the City and delivered to the City under this Agreement, excluding any intellectual content and materials contained or embodied therein, which includes all: proprietary information, general skills, know-how, expertise, ideas, concepts, methods, techniques, processes, software, materials, or other intellectual property or information which may have been uncovered, generated, developed or derived by CalMuni either prior to or as a result of its provision of services under this Agreement.

SECTION XVI. ENTIRE AGREEMENT; SEVERABILITY

This Agreement represents the entire agreement between the City and CalMuni and may not be amended or modified except in writ ing signed by both parties. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision.

SECTION XVII. EXECUTION; COUNTERPARTS

Each party to this Agreement represents and warrants that the person or persons signing this Agreement on behalf of such party is authorized and empowered to sign and deliver this Agreement for such party. This Agreement may be signed in any number of counterparts, each of which shall be an original and all of which when taken together shall constitute one and the same document.

[Signature Page to Follow on Next Page]

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IN WITNESS THEREOF, the City and CalMuni have executed this Agreement as of the day and year herein above written.

CITY OF CERES

By: ______________________________

Name:

Title:

CALIFORNIA MUNICIPAL ADVISORS LLC

By: ______________________________

Name: Andrew Flynn
Title: Managing Director
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EXHIBIT A

SCOPE OF SERVICES

A-I. Long-Term Financial Plan (LTFP) Services

Long-Term Financial Plan Services include the following:

 Hold a kick-off meeting with City staff and bond counsel to outline roles and responsibilities, define clear processes and workflows, discuss the data transfer, outline goals and objectives, and identify and review any unique circumstances that may have an impact on the LTFP.

 Conduct a thorough financial analysis of the City’s current financial status. This will include an assessment of revenue sources, expenditure patterns, existing capital improvement plans, debt levels, existing financial policies and any financial challenges or opportunities.

 Develop a detailed financial model to project revenues and expenditures and establish a basis for projecting future revenue needs for at least a 10-year period. This model will include a dashboard to visually present key financial metrics that update automatically with changes to model assumptions. It will also be able to run scenarios with varying assumptions, allowing us to determine the sensitivity of the results to changing inputs and assumptions.

 CalMuni will facilitate a virtual workshop to demonstrate progress to date on the financial model and solicit feedback from City staff and bond counsel. Following the workshop, CalMuni will incorporate staff feedback into the model to optimize functionality and usefulness.

 Develop a comprehensive debt management strategy that outlines options for debt issuance, refinancing, and structuring to optimize the City’s long-term financial health, and work with bond counsel to integrate into the LTFP.

 Provide guidance on potential revenue enhancement opportunities, including a review of potential tax adjustments, fee structures, and grants, with a focus on improving the City’s financial sustainability.

 Identify and mitigate potential financial risks to the City, including factors such as economic downturns, changes in legislation, or unforeseen events that may impact the City’s financial stability.

 Collaborate with City staff and bond counsel to that all financial policies align with best practices and support the City’s long-term financial goals contained within the LTFP, including reserves, fund balance targets, and debt management.

 Provide ongoing support and consultation as needed throughout the LTFP process, including addressing any ad-hoc financial analysis requests, clarification of assumptions, and updates to the financial model as circumstances change.

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 Collaborate with the City to prepare presentat ions and reports for City Council meetings and other relevant public forums to communicate the progress and findings of the LTFP process to key stakeholders.

 Facilitate regular progress review meetings with City staff and bond counsel to ensure that project milestones are met, and objectives remain aligned with the City's evolving financial landscape.

 Conduct a final presentation and review session to present the completed Long-Term Financial Plan, financial model, and associated recommendations to City leadership, highlighting key findings, strategies, and action items for consideration and implementation.

A-II. Pension Management Plan Services.

Pension Management Plan services encompass a comprehensive approach to addressing the City's pension liability management needs, and include the following:

 Attend meetings and/or conference calls with t he City Council (the “City Council”), staff, City Attorney, and other as requested by the City to provide information through presentations and general discussions pertaining to the StanCERA Pension Plans.

 Work closely with staff to identify all potential Cost Mitigation Measures and pension liability management tools.

 Conduct thorough financial analyses of each identified Cost Mitigation Measure, presenting their potential impacts. If requested by the City, provide actionable recommendations to optimize the outcomes.

 Work collaboratively to define preferred pension liability management scenarios. This process will involve identifying key variables, such as desired pension plan funding levels, target reserve levels, and priorities for immediate versus long-term cash flow savings.

 Draft and distribute a baseline draft Pension Management Policy to the working group.

 Continuously refine the draft Pension Management Policy based on feedback and insights from the working group. This iterative process ensures the policy's relevance and effectiveness.

 Once the draft Pension Management Policy is substantially complete, it is then presented to the City Council for consideration and approval.

A-III. Issuance of Debt Obligations.

Should the Issuance of Debt Obligations be deemed an appropriate measure by the City, CalMuni will provide debt issuance advisory services including the creation of the ITEM 13
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development of a pricing strategy, management of the financing schedule and coordination of required pre-and-post sale documentation. As municipal advisor, CalMuni will perform the following duties on behalf of the City, as required:

 Financing Schedule. Manage the financing process and coordinate activities of financing team members. Prepare a schedule of activities and ensure the financing is completed in a timely manner.

 Method of Sale, Timing, Sizing a nd Structure of Debt Obligations . Assist the City in creating a customized plan for the Debt Obli gations including method of sale (private placement vs. public offering), timing, sizing, and structure.

a. Method of Sale. Advise as to the appropriate method of sale for the Debt Obligations.

b. Assist in the Preparation of Lender Request for Proposals. If private placement is determined the best method of sale, assist the City (and any placement agent) with the preparation and distribution of Request for Proposals to banks and assist the City with analyzing the responses of the responding banks.

c. Timing of Issuances. Advise as to the timing for each series of Debt Obligations to be sold based upon the City’s historical and projected revenues and expenses, market interest rate environment, and other factors.

d. Sizing of Issues. Advise as to the sizing of the Debt Obligations to be sold based on the nature of the financing, federal tax law limitations, state regulatory restrictions, targeted tax rates, goals of the financing program, and other matters.

e. Structure of Debt Obligations. Advise as to the repayment structure of the Debt Obligations to be sold based on targeted tax rates, impact on interest costs, prudent debt management practices, and other considerations.

 Rating Agency Preparation . Prepare the rating strategy and rating agency credit presentation to optimize the credit rating assigned to the Debt Obligations, if applicable.

 Evaluation of Credit Enhance Opportunities. Evaluate potential cost effectiveness of credit enhancement options.

 Lender/Underwriter Due Diligence Assistance. Assist the City in providing due diligence information requested by lenders/underwriters, as applicable.

 Authorizing Documentation . Provide bond counsel with information necessary for the preparation of authorizing documentation. Review authorizing documentation prior to their approval.

 Review of Debt Policy . Review and provide any necessary updates to the City’s debt management policy to ensure compliance with SB 1029 prior to issuance.

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 City Council Presentations. Assist City in presenting all related financing matters to the City Council, as requested.

 Pricing Strategy. CalMuni will assist the City throughout the sales negotiation process with the Underwriter / Placement Agent.

a. Advise the City on the propriety of the Underwriter’s or Placement Agent’s proposed pricing and compensation relative to the current market conditions;

b. Negotiate to provide the lowest available rates and costs to the City;

c. Provide the City with a pricing analysi s of proposed financing alternatives; and

d. Provide quantitative schedules showing the results of the final pricing.

 Closing Documentation. Review closing documents and otherwise assist in the closing of the transaction.

A-IV. Annual Monitoring and Maintenance Services.

CalMuni will provide, at the express writte n request of the City, annual pension policy monitoring and maintenance services to the City, including the review of the City’s Pension Management Policy, review of the most recent CalPERS Valuation Report, review of the 115 Trust and other Pension Reserve Funds, review of other relevant financial and operational data.

Based upon our review of all relevant data, CalMuni will produce a detailed “Pension Policy Compliance Report” that, among other things, (i) estimates the upcoming CalPERS UAL bases (i.e., the increase or decrease in UAL debt for the ensuing Fiscal Year), (ii) updates available fund balances that have been pledged or set-aside (such as 115 Trust monies or other pension stabilization funds or reserves established pursuant to the Pension Management Policy) to make discretionary payment to your Pension Plans, (iii) reviews the Pension Management Policy for compliance as well as opportunities to further mitigate Pension Plan costs, and (iv) concludes with specific recommendations.

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EXHIBIT B

COMPENSATION FOR SERVICES

A-I. Long-Term Financial Plan Services.

For the Services described in Section A-I (Long-Term Financial Plan Services) of Exhibit A, CalMuni will be compensated on an hourly basis of $310, plus reasonably incurred out of pocket expenses, including travel, conference calls, printing, data services, and other reimbursable expenses. The invoice for these services will be submitted on a monthly basis.

Hourly fees are subject to an annual inflationary adjustment to not exceed 3% in a year with written approval of the City. Any payments made to CalMuni under the section will qualify for reimbursement to the City from the proceeds of any Debt Obligations issued hereunder.

A-II. Pension Management Plan Services.

For the Services described in Section A-I (Pension Management Plan Development Services) of Exhibit A, CalMuni will be compensated on an hourly basis of $310, plus reasonably incurred out of pocket expenses, including travel, conference calls, printing, data services, and other reimbursable expenses. The invoice for these services will be submitted on a monthly basis. Hourly fees are subject to an annual inflationary adjustment to not exceed 3% in a year with written approval of the City. Any payments made to CalMuni under the section will qualify for reimbursement to the City from the proceeds of any Debt Obligations issued hereunder.

A-III. Issuance of Debt Obligations.

For the Services described in Section A-II (Issuanc e of Debt Obligations) of Exhibit A, if the City elects to issue Debt Obligations, CalMun i will be compensated on a contingent basis (i.e., only if Debt Obligations successfully issued) a flat fee of $9,500 for equipment leases, $39,000 for private placements and $48,000 for public offerings, plus reasonably incurred out of pocket expenses, including travel, conference calls, printing, data services, and other reimbursable expenses. All fees and expenses associated with the issuance of Debt Obligations shall be paid from the proceeds of such Debt Obligations.

A-IV. Annual Monitoring and Maintenance Services.

For the Services described in Section A-IV (Annual Monitoring and Maintenance Services) of Exhibit A, CalMuni will be compensated on the basis an annual flat fee of $1,950, plus reasonably incurred out of pocket expenses, including travel, conference calls, printing, data services, and other reimbursable expenses not to exceed $1,150. The invoice for these services will be submitted upon release of the Pension Policy Compliance Report.

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EXHIBIT C

DISCLOSURE OF CONFLICTS OF INTEREST AND OTHER INFORMATION

CALIFORNIA MUNICIPAL ADVISORS LLC

I. Introduction

California Municipal Advisors LLC (hereinafter, referred to as “CalMuni”) is a registered municipal advisor with the Securities and Exchange Commission (the “SEC”) and the Municipal Securities Rulemaking Board (the “MSRB”), pursuant to the Securities Exchange Act of 1934 Rule 15Ba1-

2. In accordance with MSRB rules, this disclosure statement is provided by us to each client prior to the execution of its advisory agreement with written disclosures of all material conflicts of interests and legal or disciplinary events that are required to be disclosed with respect to providing financial advisory services pursuant to MSRB Rule G-42(b) and (c) (ii). CalMuni employs a number of resources to identify and subsequently manage actual or potential conflicts of interest in addition to disclosing actual and potential conflicts of interest provided herein.

How We Identify and Manage Conflicts of Interest

Code of Ethics. CalMuni requires all of its employees to conduct all aspects of our business with the highest standards of integrity, honesty and fair dealing. All employees are required to avoid even the appearance of misconduct or impropriety and avoid actual or apparent conflicts of interest between personal and professional relationships that would or could interfere with an employee’s independent exercise of judgment in performing the obligations and responsibilities owed to a municipal advisor and our clients.

Policies and Procedures. CalMuni has adopted policies and procedures that include specific rules and standards for conduct. Some of these policies and procedures provide guidance and reporting requirements about matters that allow us to monitor behavior that might give rise to a conflict of interest. These include policies concerning the making of gifts and charitable contributions, entertaining clients, and engaging in outside activities, all of which may involve relationships with clients and others that are important to our analysis of potential conflicts of interest.

Supervisory Structure. CalMuni has both a compliance and supervisory structure in place that enables us to identify and monitor employees’ activities, both on a transaction and firm-wide basis, to ensure compliance with appropriate standards. Prior to undertaking any engagement with a new client or an additional engagement with an existing client, appropriate municipal advisory personnel will review the possible intersection of the client’s interests, the proposed engagement, our engagement personnel, experience and existing obligations to other clients and related parties. This review, together with employing the resources described above, allows us to evaluate any situations that may be an actual or potential conflict of interest.

Disclosures. CalMuni will disclose to clients those situations that it believes would create a material conflict of interest, such as:

1. any advice, service or product that any affiliate may provide to a client that is directly related to the municipal advisory work of CalMuni;

2. any payment made to obtain or retain a municipal advisory engagement with a client;

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4. any conflict that may arise from the type of compensation arrangement we may have with a client; and

5. any other actual or potential situation that CalMuni is or becomes aware of that might constitute a material conflict of interest that could reasonably be expected to impair our ability to provide advice to or on behalf of clients consistent with regulatory requirements.

If CalMuni identifies such situations or circ umstances, we will prepare meaningful disclosure describing the implications of the situation and how we intend to manage the situation. CalMuni will also disclose any legal or disciplinary events that are material to a client’s evaluation or the integrity of our management or advisory personnel. CalMuni will provide this disclosure (or a means to access this information) in writing prior to starting our proposed engagement and will provide such additional information or clarificati on as the client may request. CalMuni will also advise clients in writing of any subsequent material conflict of interest that may arise, as well as the related implications, its plan to manage that situation, and any additional information such client may require.

II. General Conflict of Interest Disclosures

Disclosure of Conflicts Concerning the Firm’s Affiliates

CalMuni’s affiliates offer a wide variety of financial and legal services, and our clients may be interested in pursuing an affiliate’s services separately. The affiliate’s business with the client could create an incentive for CalMuni to recommend a course of action designed to increase the level of the client’s business activities with the affiliate or to recommend against a course of action that would reduce the client’s business activities with the affiliate. In either instance, CalMuni may be perceived as recommending services for a client that are not in the best interests of our clients, but rather are in our interests or the interests of our affiliates. Accordingly, CalMuni mitigates any perceived conflict of interest that may arise in this situation by disclosing it to the client, and by requiring that there be a review of the municipal securities transaction or municipal financial product to ensure that it is suitable for the client in light of various factors, after reasonable inquiry, including the client’s needs, objectives and financial circumstances. Further, CalMuni receives no compensation from its affiliates with respect to a client introduction or referral. If a client chooses to work with an affiliate, we require that the client consult and enter into a separate agreement for services, so that the client can make an independent, informed, evaluation of the services offered.

Disclosure of Conflicts Related to the Firm’s Compensation

From time to time, CalMuni may be compensated by a municipal advisory fee that is or will be set forth in an agreement with the client to be, or that has been, negotiated and entered into in connection with a municipal advisory service. Payment of such fee may be contingent on the closing of the transaction and the amount of the fee may be based, in whole or in part, on a percentage of the principal or par amount of municipal securities or municipal financial product.

While this form of compensation is customary in the municipal securities market, it may be deemed to present a conflict of interest since we may appear to have an incentive to recommend to the client a transaction that is larger in size than is necessary. Further, CalMuni may also receive compensation in the form of a fixed fee arrangement. While this form of compensation is customary, it may also present a potential conflict of interest if the transaction ultimately requires less work than contemplated and we are perceived as recommending a more economically friendly pay arrangement. Finally, CalMuni may contract with clients on an hourly fee basis. If CalMuni and the client do not agree on a maximum amount of hours at the outset of the engagement, this arrangement may pose a conflict of interest as we would not have a financial ITEM 13
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incentive to recommend an alternative that would result in fewer hours. CalMuni manages and mitigates all of these types of conflicts by disclosing the fee structure to the client, and by requiring that there be a review of the municipal securities transaction or municipal financial product to ensure that it is suitable for the client in light of various factors, after reasonable inquiry, including the client’s needs, objectives, and financial circumstances.

Disclosure Concerning Provision of Services to State and Local Government, and Non-Profit Clients

CalMuni regularly provides financial advisory services to state and local governments, their agencies, and instrumentalities, and non-profit clients. While our clients have expressed that this experience in providing services to a wide variety of clients generally provides great benefit for all of our clients, there may be or may have been clients with interests that are different from (and adverse to) other clients. If for some reason any client sees our engagement with any other particular client as a conflict, we will mitigate this conflict by engaging in a broad range of conduct, if and as applicable. Such conduct may include one or any combination of the following: 1) disclosing the conflict to the client; 2) requiring that there be a review of the municipal securities transaction or municipal financial product to ensure that it is suitable for the client in light of various factors, including the client’s needs, objective s and financial circumstances; 3) implementing procedures that establishes a “firewall” that creates physical, technological and procedural barriers and/or separations to ensure that non-public information is isolated to particular area such that certain governmental transaction team members and supporting functions operate separately during the course of work performed; and 4) in the rare event that a conflict cannot be resolved, we will withdraw from the engagement.

Disclosure Related to Legal and Disciplinary Events

CalMuni has never been subject to any legal, disciplinary or regulatory actions. As registered municipal advisors with the SEC and the MSRB, pursuant to the Securities Exchange Act of 1934 Rule 15Ba1-2, our legal, disciplinary and judicial events are required to be disclosed on our forms MA and MA-I filed with the SEC, in ‘Item 9 Disclosure Information’ of form MA, ‘Item 6 Disclosure Information’ of form MA-I, and if applicable, the corresponding disclosure reporting page(s). To review the foregoing disclosure items and material change(s) or amendment(s), if any, clients may electronically access CalMuni filed forms MA and MA-I on the SEC’s Electronic Data Gathering, Analysis, and Retrieval system, listed by date of filing starting with the most recently filed.

III. Specific Conflicts of Interest Disclosures – Client

The principal of the Weist Law Firm (“WeistLaw”), Cameron Weist, is also a principal of CalMuni.

We do not believe that this duel representation creates a conflict because the California Rules of Professional Conduct governing the ethical standards imposed on lawyers are aligned with and equal or exceed the fiduciary duties imposed on municipal advisors, and also because CalMuni receives no compensation from WeistLaw, or vice versa, and both firms are independently engaged under separate contracts which have been vetted in light of various factors, including the client’s needs, objectives and legal and financial circumstances, to ensure that each such client has made an independent, informed, evaluation of the type and quality of services offered by each entity. If you believe this creates a conflict, please do not sign this Agreement.

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To our knowledge, following reasonable inquiry, we are not aware of any other actual or potential conflict of interest that could reasonably be anticipated to impair our ability to provide advice to or on behalf of the Client in accordance with applicable standards of conduct of MSRB Rule G-42.

IV. Additional Disclosures – MSRB Rule G-10

Pursuant to Municipal Securities Rulemaking Board Rule G-10, on Investor and Municipal Advisory Client
Education and Protection, Municipal Advisors are required to provide certain written information to their municipal entity and obligated person clients which include the following:

1. CalMuni is currently registered as a Municipal Advisor with the U.S. Securities and Exchange Commission and the Municipal Securities Rulemaking Board.

2. Within the MSRB website at www.msrb.org, our clients may obtain the Municipal Advisory Client Brochure (the “Brochure”) that is posted on the MSRB website. The Brochure describes the protections that may be provided by the MSRB Rules along with how to file a complaint with financial regulatory authorities.

ITEM 13
ITEM 13

AGREEMENT FOR BOND COUNSEL SERVICES
- 1 -

AGREEMENT FOR BOND COUNSEL SERVICES
THIS AGREEMENT is made and entered into as of October 23, 2023, by and between the CITY OF CERES (the “City”), whose address is 2220 Magnolia Street, Ceres, CA 95307, and THE WEIST LAW FIRM (the “Bond Counsel”), whose address is 20 South Santa Cruz Avenue, Suite 300, Los Gatos, CA 95030.

WITNESSETH:

WHEREAS, the City is a member of the Stanislaus County Employees’ Retirement Association (“StanCERA” or the “Plan”) operating under the County Employees Retirement Law of 1937, Government Code Section 31450 et. seq. (the “Retirement Law”), and the California Public Employees’ Pension Reform Act, and, as such, is obligated by Retirement Law to make contributions to StanCERA to (a) fund pension benefits for its employees who are members of the Plan, (b) amortize the unfunded accrued liability with respect to such pension benefits (the “UAL”), and (c) appropriate funds for the purposes described in (a) and (b); and
WHEREAS, the City desires to retain Bond Counsel to do the necessary cons ulting and legal work hereinafter outlined, upon the terms and conditions hereinafter set forth, to assist in (i) the development and implementation of a comprehensive pension management plan (the “Pension Management Plan”), (ii) the development and implementation of a ten year comprehensive long-term financial plan (the “LTFP”), all as more particularly described in Exhibit A; and
WHEREAS, the City also desires to retain Bond Counsel to assist in development and implementation of a debt management policy, reserve policy and pension management policy (the “Policy Work”), designed to align with and provide guidance for the development and operation of the LTFP, all as more particularly described in Exhibit A; and
WHEREAS, the City may desire in the future to have Bond Counsel to do the necessary consulting, legal and analytical work hereinafter outlined, upon the terms and conditions hereinafter set forth, to structure, issue and deliver taxable municipal bonds (collectively, the “Obligations”) in order to provide cost effective financing for the refinancing of part or all of its outstanding UAL owed under the Plans (each, a “Financing”),

all as more particularly described in Exhibit A; and
WHEREAS, the City may desire in the future to have Bond Counsel perform pension cost allocation and general consultation work (the “Pension Allocation and General Consultation Work”), to assess how pension costs should be allocated across City funds in order to ensure that each fund is properly contributing its fair share of long-term pension costs (both UAL and normal costs) in compliance with Proposition 218, as well as any general consultation work; and
WHEREAS, Bond Counsel regularly works with local government agencies to develop and implement cost mitigation techniques and legal analysis pertaining to funding options for capital optimization, including, but not limited to, the development and implementation of the financial plans, and the development of management financial policies and
bond issuances, in each case acting in a fiduciary capacity to protect the long-term financial interests of public agencies; and

ATTACHMENT C
ITEM 13

AGREEMENT FOR BOND COUNSEL SERVICES
- 2 -
NOW, THEREFORE , in consideration of the covenants and premises herein contained and other good and valuable consideration, the parties hereto agree as follows:

Section 1. Scope of Services.

Bond Counsel shall perform legal services described in Exhibit “A” as attached to this Agreement and incorporated by reference (the “Scope of Work”).

Section 2. Excluded Services.

Services are limited to those specifically set forth in Exhibit “A”. Services do not include representation of the City or any other party to the transaction in any litigation or other legal or administrative proceeding or any other matter. Bond Counsel’s services also do not include legal services not specified above relating to the issuance of Obligations, including but not limited to compliance with the California Environmental Quality Act, the National Environmental Policy Act, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Hazardous Material Transportation Act, the Resource Conservation and Recovery Act, the Federal Water Pollution Control Act, the Occupational Safety and Health Act, the Safe Drinking Water Act, the Porter-Cologne Water Quality Control Act, the Safe Drinking Water and Toxic Enforcement Act of 1986, the Hazardous Substance Account Act, the Hazardous Waste Control Act, or any determinations pertaining to completion and readiness for acceptance.

Bond Counsel’s services also do not include any responsibility for compliance with state blue sky, environmental, land use, real estate or similar laws or for title to or perfection of security interests in real or personal property, including the acquisition of interests in real property, whether through gift, negotiation or the exercise of the power of eminent domain. Bond Counsel’s services also do not include any responsibility for the negotiation or preparation of joint powers agreements with other agencies. Bond Counsel will not be responsible for the services performed or acts or omissions of any other participant. Also, Bond Counsel’s services for a particular series of Obligations will not extend past the date of issuance of such series of Obligations and will not, for example, include services related to on- going administration, annexation, tax rebate compliance or continuing disclosure or otherwise related to such series of Obligations, proceeds of such series of Obligations or a refunding after issuance of such series of Obligations.

Bond Counsel may be willing to perform such excluded services on such terms as might be mutually agreed to at the time of need. The performance by Bond Counsel of services excluded by the preceding paragraph, if required by the City, shall be under separate written agreement.

Section 3. Compensation.

For the Services provided under this Agreement, Bond Counsel’s professional fees shall be paid as provided in Exhibit B to this Agreement. Any services which are not included in the Scope of Services set forth in Exhibit A of this Agreement will be subject to separate, mutually acceptable fee structures.

Section 4. Termination of Agreement and Legal Services.

This Agreement and all legal services to be rendered under it may be terminated by providing thirty days written notice by either party, with or without cause. In that event, all finished and unfinished documents prepared for adoption or execution by the City, shall, at the option of the City, become its property and shall ITEM 13

AGREEMENT FOR BOND COUNSEL SERVICES
- 3 -
be delivered to it or to any party it may designate; provided that Bond Counsel shall have no liability whatsoever for any subsequent use of such documents. In the event of cancellation or termination without cause by the City, the City will pay Bond Counsel for services performed up to the date of termination. If not sooner terminated as aforesaid, this Agreement and all legal services to be rendered under it shall terminate upon the issuance of the final series of intended Obligations. Upon termination, Bond Counsel shall have no future duty to the City of any kind to or with respect to such applicable terminated scope of work.

Section 5. Insurance.

Bond Counsel specifically represents that it maintains errors and omissions insurance of a minimum of $1,000,000/$2,000,000 aggregate applicable to the Bond Counsel services to be rendered under this Agreement.

Section 6. Conflicts of Interest.

Bond Counsel warrants by execution of this Agreement that no person or selling agent has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for commission, percentage, brokerage or contingent fee, and that Bond Counsel maintains no agreement, employment, or position which would be in conflict with the duties to be performed for City under this Agreement. Bond Counsel further agrees that during the term of this Agreement, Bond Counsel will not obtain, engage in, or undertake any interests, obligations or duty that would be in conflict with, or interfere with, the services or duties to be performed under the provisions of this Agreement.

Bond Counsel will not make or participate in making or in any way attempt to use Bond Counsel’s position to influence a governmental decision in which Bond Counsel knows or has reason to know Bond Counsel has a direct or indirect financial interest other than the compensation promised by this Agreement.

Bond Counsel will not have such interest during the term of this Agreement. Bond Counsel will immediately advise the City if Bond Counsel learns of such a financial interest of Bond Counsel’s during the term of this Agreement. If Bond Counsel’s participation in another agency project or relationship would create an actual or potential conflict of interest, in the opinion of the City, the City may immediately terminate the Agreement.

Section 7. Standards of Professional Conduct.

Bond Counsel and every employee thereof shall provide their services, advice and any reports in full compliance with all applicable law and professional standards. Bond Counsel represents that it is specially trained, experienced and competent to perform the services required under this Agreement, and that each individual providing legal services is a member in good standing of the State Bar and is licensed to practice in California. Bond Counsel certifies that it will not accept representation in any matters, including litigation, under this Agreement if it or any employee thereof has any personal or financial interest therein.

Bond Counsel certifies that it accepts this retention because it has the time, energy, skills and ability necessary to perform the duties required in an efficient, trustworthy, professional and businesslike manner. It is understood that the services under this Agreement must be provided immediately, and that they are time- critical. Bond Counsel is engaged by City for its unique qualifications and skills.

ITEM 13

AGREEMENT FOR BOND COUNSEL SERVICES
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Bond Counsel agrees that it will comply with all ethical duties, will maintain the integrity of the Bond Counsel-client relationship, and will take all steps available to preserve all applicable legal privileges, confidences, and records from disclosure; however, where it is contended by third parties, Bond Counsel’s work product or attorney-client privileged communications are subject to disclosure, and City directs Bond Counsel to not disclose the records, City agrees to indemnify Bond Counsel from any cost or expense related to protecting said records from disclosure.

Section 8. Intellectual Property .

Except as otherwise set forth in this Agreement, the City will own all tangible written material originally prepared expressly for the City and delivered to the City under this Agreement, excluding any intellectual content and materials contained or embodied therein, which includes all: proprietary information, general skills, know-how, expertise, ideas, concepts, me thods, techniques, processes, software, materials, or other intellectual property or information which may have been uncovered, generated, developed or derived by Bond Counsel either prior to or as a result of its provision of services under this Agreement.

Section 9. Independent Contractor .

Bond Counsel and City understand and agree that Bond Counsel is an independent contractor and that the City shall not be liable for Workers’ Compensation, retirement or unemployment benefits for Bond Counsel or Bond Counsel’s agents, partners or employees.

Section 10. No Guarantee of Outcome.

City hereby acknowledges and agrees that this is a best effort undertaking, and that no guarantee of success or outcome has been, or can be, made by Bond Counsel.

Section 11. Arbitration .

Any controversy, claim or dispute arising out of or relating to this Agreement, shall be settled solely and exclusively by binding arbitration in San Jose, California. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of JAMS/Endispute (“JAMS”), with the following exceptions if in conflict: (a) one arbitrator shall be chosen by JAMS; (b) each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (c) arbitration may proceed in the absence of any party if written notice (pursuant to the JAMS’ rules and regulations) of the proceedings has been given to such party. Each party shall bear its own attorney’s fees and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity; provided however, that nothing in this Section shall be construed as precluding the bringing an action for injunctive relief or other equitable relief. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law.

ITEM 13

AGREEMENT FOR BOND COUNSEL SERVICES
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Section 12. Entire Agreement.

This Agreement contains the entire understanding between Bond Counsel and City. All previous proposals, offers and communications relative to the Obligations, Policy Work and this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by both Bond Counsel and City. No oral agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement and any subsequent successors or assigns as may be permitted pursuant to the provisions of this Agreement.

Section 13. Modification.

Both City and Bond Counsel understand that it may be desirable or necessary during the execution of this Agreement for Bond Counsel or City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and all changes and their cost shall be memorialized in a written amendment to this original Agreement prior to the performance of the additional work.

Until a written change order is so executed, City shall not be responsible to pay any charges Bond Counsel may incur in performing such additional services, and correspondingly Bond Counsel shall not be required to perform any such additional services.

Section 14. Severability .

All sections and subsections of this Agreement are severable, and the unenforceability or invalidity of any of the sections or subsections of this Agreement shall not affect the validity or enforceability of the remaining sections or subsections of this Agreement, but such remaining sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties.

Therefore, if any part, term, or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected by such holding and shall nevertheless continue in full force without being impaired or invalidated in any way.

Section 15. Waiver .

The waiver by either party of a default or breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent default or breach of the same or of a different provision of that party. No waiver or modification of this Agreement or of any covenant condition, or limitation contained in this Agreement shall be valid unless in writing and duly executed by the party or parties to be charged therewith.

Section 16. Counterparts .

This Agreement may be executed in any number of counterparts and each counterpart shall for all purposes be deemed to be an original, and all such counterparts shall together constitute but one and the same Agreement.

ITEM 13

AGREEMENT FOR BOND COUNSEL SERVICES
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IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed by their respective officers and representatives thereto duly authorized, all as of the day and year first above written.

CITY OF CERES

By:

Name: ______________________

Title: _______________________

THE WEIST LAW FIRM

By:

Name: ______________________

Title: _______________________

ITEM 13

AGREEMENT FOR BOND COUNSEL SERVICES
A - 1

EXHIBIT A

SCOPE OF SERVICES

I. Bond Counsel Services Related to the Long-Term Financial Plan

In connection with the development and implementation of the LTFP, Bond Counsel shall provide the following services:

1. Request and review the data necessary to prepare a draft LTFP.

2. Review all relevant audits, budgets, CIP plans, financial plans, financial policies and third- party reports that might have a bearing on the development and implementation of the LTFP.

3. Asses City’s goals and priorities, and correspondingly draft LTFP language setting forth best practices and guidelines for fiscal discipline and sustainability.

4. Work with municipal advisor to develop a ten-year financial model to project revenues, expenditures and other key financial metrics to establish a basis for projecting future resource allocation and funding needs that update automatically with changes to model assumptions.

5. Integrate financial model proforma results and related graphs and charts into the LTFP.

6. Facilitate a virtual workshop to demonstrate progress to date on the financial model and LTFP to solicit feedback from staff and/or finance committee.

7. Create an overview presentation of the LTFP for City review and recommendations for action.

8. Finalize Long Term Financial Plan for approval and adoption by City Council.

II. Bond Counsel Services Related to the Pension Management Plan

In connection with the development and implementation of the Pension Management Plan, Bond Counsel shall provide the following services:

1. Request and review the data necessary to prepare a draft Pension Management Plan.

2. Review the Plans and all other relevant information that might have a bearing on the development and implementation of the LTFP.

3. Define the City’s goals and priorities, and correspondingly translate the City’s overarching goals and objectives into actionable strategies and tactics.

4. Develop a project schedule with milestones and timelines.

5. Based on City’s goals and objectives, commence drafting of Pension Management Plan language integrating actionable strategies and tactics based upon best practices and guidelines for pension management discipline and sustainability.

ITEM 13

AGREEMENT FOR BOND COUNSEL SERVICES
A - 2

6. Work with municipal advisor to develop appropriate pension cost mitigation modeling.

7. Integrate financial model proforma results into the Pension Management Plan.

8. Facilitate a virtual workshop to demonstrate progress to date on the Pension Management Plan to solicit feedback from staff and/or finance committee.

9. Create overview presentation of the Pension Management Plan for City review and recommendations for action.

10. Finalize Pension Management Plan for approval and adoption by City Council.

III. Bond Counsel Services Related to Policy Work

Bond Counsel shall provide the following legal services in connection with the Policy Work. Such services shall include the following:

1. Consult with the appropriate members of the City’s staff, financial advisors and others with respect to the development and implementation of a Debt Management Policy, Reserve Policy and Pension Management Policy, all synchronized with the Pension Management Plan and LTFP.

2. Attend such meetings or hearings of the City Council, finance committee and working group meetings or conference calls as the City may request, and as Bond Counsel deems prudent and necessary to properly carry out the Policy Work.

3. Draft all resolutions, staff reports and/or ordinances required in connection with the Policy Work.

4. Review pertinent documentation prepared or provided by City staff, consultants and financial advisor, as necessary in the conduct of Policy Work.

IV. Bond Counsel Services Related to the Issuance of Obligations

Upon adoption of a resolution of the City Council indicating its desire to proceed with the issuance of an Obligation, Bond Counsel shall provide the following legal services in connection with the preparation of the resolutions, documents and certifications necessary for the sale and delivery of the Obligations. Such services shall include the following:

1. Consult with representatives of the City, including the City Manager, Finance Director and other appropriate members of the City Council, staff, financial advisors, lenders, underwriters and others, with respect to the timing, terms and legal structure of the proposed issuance of Obligations.

2. Prepare all resolutions, ordinances, notices, affidavits, Depository Trust Company agreements, indentures, lease agreements, escrow agreements, fiscal agent agreements, and other legal documents customarily prepared by Bond Counsel, as required for the issuance of Obligations.

ITEM 13

AGREEMENT FOR BOND COUNSEL SERVICES
A - 3

3. Review pertinent documentation prepared with City staff, consultants, financial advisor or underwriter, including the purchase contract(s) to be derived therefrom, and the continuing disclosure undertaking or undertakings.

4. Review pertinent documentation with respect to any bond provisions, parity debt provisions and reserve fund policy provided or required in connection with the Obligations, if any.

5. Review and evaluate the various financing structures that may be available to the City for the securing of the Obligations. Our analysis will examine the range of capital borrowing methods available to the City.

6. Attend such meetings or hearings of the City Council, finance committee and working group meetings or conference calls as the City may request, and as Bond Counsel deems prudent and necessary.

7. Assist in the preparation of the portions of the official statement for the sale of the Obligations which relate to the terms of the Obligations and the firm’s legal opinion delivered with respect to the Obligations.

8. Coordinate legal presentations to the rating agencies and/or credit enhancement providers.

We will advise on the legal prudence of seeking a rating and/or bond insurance.

9. Prepare final closing papers to be executed by the City required to effect delivery of the Obligations and coordination of the closing of the Obligations.

10. Render Bond Counsel’s customary final legal opinion on the validity of the Obligations and the exemption from California personal income tax of interest thereon.

11. Render a legal opinion to the underwriter or purchaser of the Obligations as to the applicability of the registration requirements of federal securities laws and a statement as to the fair and accurate nature of those portions of the Official Statement described in 7 above.

12. Prepare the required reports to the California Debt and Investment Advisory Commission (pursuant to section 8855 et seq. of the Government Code) respecting the sale of the Obligations.

13. Prepare a complete transcript of the proceedings, containing originally signed copies of all resolutions, ordinances, legal agreements, disclosure statements, certificates and notices. Copies shall be provided to the City and each member of the financing team.

V. CDIAC Reporting (SB 1029)

Effective January 1, 2017, state and local issuers are required to submit an annual debt transparency report (ADTR) for any issue of debt for which they have submitted a Report of Final Sale to CDIAC during the reporting period. The ADTR is due to CDIAC no later than January 31st of each year for any debt outstanding at any point during the prior fiscal year.

ITEM 13

AGREEMENT FOR BOND COUNSEL SERVICES
A - 4

Any joint powers authority (“Authority”) selling bonds pursuant to the Act, on or after January 1, 1996, which uses the proceeds of the Marks-Roos bonds to acquire one or more local obligations or transfers funds to a local obligor under the terms of a debt contract between the Authority and the local obligor is required to report annually on the fiscal status of the Authority bonds and the local obligations acquired until the final maturity of the Authority bonds (“Fiscal Status Reports”). The Fiscal Status Reports must be submitted to CDIAC no later than October 30 each year for any debt outstanding at any point during the prior fiscal year.

Bond Counsel will work with the City to complete and file any required ADTRS and/or Fiscal Status Reports with CDIAC prior to their relative due date each year.

ITEM 13

AGREEMENT FOR BOND COUNSEL SERVICES
B - 1

EXHIBIT B

COMPENSATION FOR SERVICES

Long Term Financial Plan, Pension Management Plan and Policy Work

For all work involved in the Policy Work and LTFP Work, Bond Counsel will be paid based on the hourly rate of $525 per attorney hour, and is subject to an annual (each January 1 st) inflationary adjustment (based upon CPI) not to exceed 3% per year. Any payments made to Bond Counsel under the section will qualify for reimbursement to the City from the proceeds of any Obligations issued hereunder.

Transactional Based Compensation

Bond Counsel’s fees are done on a “per Financing” basis and are contingent upon the successful issuance of Obligations. So, if no Financing takes place, Bond Counsel does not charge the City for their Transactional Based Compensation. Bond Counsel’s fee ranges from $11,500 for a simple equipment lease to $17,500 for a Master Lease Structure, to $49,500 for a Direct Placement or Public Offering of each series of long-term Obligations (plus an additional $9,500 if a recorded lease arrangement is required). For any publicly offered Obligations where Bond Counsel provides disclosure counsel (“Disclosure Counsel”) services, Disclosure Counsel fee shall be $39,250. The type of transaction will be decided as data is analyzed and it is determined which placement type is in the best interest of the City and presented to the City Council for approval.

CDIAC Regulatory Reporting

For all annual ADTR and Fiscal Status Reports required to be submitted to the CDIAC, City shall pay Bond Counsel an annual fee of $495 for each report successfully filed with CDIAC; to be paid within 30 days of receipt of invoice.

Pension Allocation and General Consultation Work

For any Pension Allocation and General Consultation Work (or other legal advisory work that is not listed above) requested of Bond Counsel in writing (which can be by email or other written correspondence) by either the City Council or City Manager, Bond Counsel will be compensated on a time and material basis.

Bond Counsel’s hourly rate is presently $525 per hour and is subject to an annual inflationary adjustment (based upon CPI) not to exceed 3% per year.

Expenses (Out-of-Pocket)

In addition to the legal fees, Bond Counsel shall be reimbursed its normal and customary out-of- pocket expenses, including travel (which includes an out of office fee of one hour of attorney time for each one hundred miles of travel) and customary mileage rates; parking charges and bridge tolls as incurred, business tax expenses, photocopies at forty-five cents per page; telephone and facsimile charges as incurred, and postage and express delivery charges as incurred in connection with the services set forth above.

Bond Counsel does not charge for secretarial support services and internal computer time. For any hourly assignments invoices shall be provided periodically, but no more frequently than monthly or less ITEM 13

AGREEMENT FOR BOND COUNSEL SERVICES
B - 2
frequently than annually. For Transactional Based Compensation services invoices shall be submitted and payable upon completion of each Obligation transaction or upon earlier termination of intention to proceed with the Financing Obligation transaction. All such billings shall be due and payable within thirty (30) days after receipt of the statement.

ITEM 13
City of Ceres
2023
Pension
Liability
Assessment
S E P T E M B E R 2 0 2 3

ATTACHMENT D
ITEM 13
CITY OF CERES – 2023 PENSION LIABILITY ASSESSMENT
2 Presenters
 Cameron Weist, Partner & Brianna Gonzalez, Associate
The Weist Law Firm – Bond Counsel (Fiduciary)
• Special legal counsel to City; assures City’s legal interests are protected • Prepares all resolutions and legal and closing documentation • If debt incurred, assures obligations are “valid and legally binding”  Andrew Flynn, Managing Director
California Municipal Advisors LLC – Independent Registered Municipal Advisor (Fiduciary) • Assures City’s financial and policy interests are protected • Intermediary between Broker/Dealer or Placement Agent and City • Manages financial transaction details on behalf of City ITEM 13
CITY OF CERES – 2023 PENSION LIABILITY ASSESSMENT
 Total Accrued Liability = $180.4M
 Market Value of Assets = $133.9M
 Shortfall = $46.5M (25.8% of what is needed)
 Accrues interest at 6.75% interest rate = $43.4M interest  Total Unfunded Liability with interest = $89.9M
 Amortizes over time (currently 20 years)
3 Pension Funding Status
2022 Pension Funding Status
ITEM 13
CITY OF CERES – 2023 PENSION LIABILITY ASSESSMENT
Definitions:
 Total Accrued Liability = What You Need
 Market Value of Assets = What You Have
 Unfunded Actuarial Liability = What You Owe
Two Pension Plans:
 Safety
 General
Both Plans
represent a significant savings opportunity
4 Pension Funding Status
Description Safety* General* Combined
2023 Total Accrued Liability $106,124,000 $74,309,000 $180,433,000 2023 Market Value of Assets $76,579,000 $57,307,000 $133,886,000 2023 Unfunded Actuarial Liability (UAL) $29,545,000 $17,002,000 $46,547,000 2023 % Funded 72.2% 77.1% 74.2%
2024 New UAL Estimate $1,994,288 $1,147,635 $3,141,922 2024 Total UAL Estimate $31,539,288 $18,149,635 $49,688,923 2024 % Funded Estimate 72.2% 77.1% 74.2%
Source: Actuarial Valuation as of June 30, 2022
* Included in analysis
ITEM 13
CITY OF CERES – 2023 PENSION LIABILITY ASSESSMENT
StanCERA Historical Average Rates of Return through 2021-22:

Past: 5 years – 6.4% 10 years – 8.1% 15 years – 6.2% 20 years – 6.9% 25 years – 6.8% StanCERA manages pension
investments
City bears all investment risk
Failure by StanCERA to achieve
target investment returns does not
relieve City from pension benefit
guarantees to employees and
retirees
Lower returns => higher UAL and
higher pension payments by City
5 Investment Risk and Returns
ITEM 13
CITY OF CERES – 2023 PENSION LIABILITY ASSESSMENT
06/30/2022 Actuarial Valuation
INCLUDES:
• UAL Payments Only
DOES NOT INCLUDE:
• All Plans – Normal Cost
6 Where Things Currently Stand
As of 2022
$49.7MPrincipal
$40.3MInterest
$89.9MTotal Due
Funded Percent

74.2%
ITEM 13
CITY OF CERES – 2023 PENSION LIABILITY ASSESSMENT
The development of a robust Pension Liability Management Plan is one of the key building blocks to maintaining a healthy funding status for the City’s pension plans.  Establishes long-term targets for plan funding levels and a roadmap for annual review and action.  Provides direction and prioritization for the use of surplus funds for developing, maintaining, and utilizing City reserves.
 Develops a comprehensive waterfall framework for current and future staff to manage reserves for current and future liability management.
7 Pension Liability Management Plan

SHORT-TERM CASH FLOW MANAGEMENT
• Achieve budget predictability
• Extend UAL payments over longer term

LONG-TERM COST MANAGEMENT
• Reduce overall interest cost for the City
• Prepay or accelerate UAL payments
ITEM 13
CITY OF CERES – 2023 PENSION LIABILITY ASSESSMENT
Pension UAL Mitigation Techniques

PAY DOWN

1. UAL Prepayment
• From reserves, one-time revenues and fund surpluses
• Base Targeting/Allocation

2. New Sources of Revenue
• General Fund Enhancement
• Proper Allocation between Funds

REFINANCE

3. Savings from Debt Refundings

4. Capital Financing
• From CIP Reserves
• Pay-Go Programs

5. Pension Refinancing
• Lease Financing/Enterprise/Other
OTHER
• Annual Funding
• Percent of Normal Cost
• From Reserves & Fund Surpluses
8 PAY DOWN REFINANCE
STABILIZE – 115 Trust
The range of options available to address unfunded liabilities range from incremental items that are reviewed and considered annually, to one-time items that can potentially provide robust impact. • Refinancing Savings
• Sequestered savings
• Options for future Bond Calls
ITEM 13
CITY OF CERES – 2023 PENSION LIABILITY ASSESSMENT
9 Capital Project Financing Scenario
Total CostRate
$10.2M6.75%UAL
$6.3M4.00%Capital
$3.9M-Savings
SCENARIO INCLUDES:
• $5M spend on either UAL or Capital Project
• 15 Year Amortization for Capital Project
• $5M Base with 20-year Ramped Amortization
• UAL Discount Rate – 6.75%
• Tax-Exempt Capital Financing Rate – 4.00%
Estimated Savings
$4.3M
ITEM 13
CITY OF CERES – 2023 PENSION LIABILITY ASSESSMENT
10 Baseline Refinancing Scenarios
 Model achieves a 90% Funded Level after
refinancing.
 Savings are based on 6.75% StanCERA
discount rate.
 Interest Rate estimates are based on current
market rates. Actual rates may vary.
 Refinancing amounts include semi-annual
loan payments and costs of issuance.

Years 1-10 Years 11-15 Years 16-25 Total
$49,688,923 6.75% $ - $ - $ - $ -
$30,427,700
A 10 years 61% ($30,627,700) 4.75% ($3,104,446) $18,434,541 $592,028 $15,922,123 B 15 years 61% ($30,627,700) 5.00% $6,572,285 $3,680,828 $592,028 $10,845,141 C 20 years 61% ($30,627,700) 5.25% $10,979,612 $864,472 ($6,938,002) $4,906,082 Total Fin an cin g
Cost
E s t
In terest
Rate
Cas h Flow Savin gs
Current CalPERS UAL
UAL Refinanced (61.24%)
Sc en ario Term % of UAL
Refu n ded
ITEM 13
CITY OF CERES – 2023 PENSION LIABILITY ASSESSMENT
11 Post-Refinancing Depiction
Est. SavingsAs of 2022
-$49.7MPrincipal
$10.8M$29.5MInterest
$10.8M$79.2MTotal Due
06/30/2022 Actuarial Valuation
INCLUDES:
• UAL Payments Only
• 20-year Refinancing
DOES NOT INCLUDE:
• All Plans – Normal Cost
Funded Percent

90.0%
ITEM 13
CITY OF CERES – 2023 PENSION LIABILITY ASSESSMENT
How We Can Help
 Step 1: Stakeholder Education & Communication
 Step 2: Develop Pension Liability Management Plan
 Step 3: Implement Initial Pension Liability Management Initiatives • Additional Discretionary Payments Strategies and Calculations  Step 4: Refunding Strategies and Debt Issuance Management  Step 5: Provide On-Going Pension Liability Management Support • Review of Annual StanCERA Valuation Reports
• Reserve Contribution Calculations
• Additional Discretionary Payments Strategies and Calculations 12 Stakeholder
Education &
Communication
Pension Liability
Management
Plan
Discretionary
Payment
Strategies and
Calculations
Refinancing
Strategies & Debt
Issuance
Ongoing Review,
Support &
Recommendations
1 2
3 4
5 ITEM 13
CITY OF CERES – 2023 PENSION LIABILITY ASSESSMENT
Next Steps in a Typical Process
13 Assess Current
StanCERA Reports
Pension Liability
Management Meetings
Adopt Pension Liability
Management Plan
Assess Pension Cost
Mitigation Strategies
Annual Pension Assessment
• Determine current UAL
payment requirements
• Assess Funding Percent
Status
• Review alternative
options available through
StanCERA
• Multi-step effort for staff
and Council
• Education on StanCERA
framework, cost drivers,
and current approach.
• Overview of UAL funding
strategies
• Based on Pension
Liability Management
Meetings.
• Draft Pension
Management Plan that
meets the unique fiscal
needs of the City.
• Presentation to Council
for adoption.
• At the direction of the
Council & Staff, WeistLaw
and CalMuni will perform
various analyses on
potential pension cost
mitigation strategies.
• Council determination on
whether which strategies
are appropriate for City.
• Initiate and complete
strategies if appropriate.
• During each year’s
budget cycle, perform
annual pension
performance
assessment.
• Determine future funded
percent based on
StanCERA investment
performance and
actuarial changes.
• Implement Plan
strategies to maintain
funded percent and
healthy reserves.
1 – 2 weeks*
1 – 2 months*
1 month*
2 - 3 months*
Ongoing*
* Timeline is indicative only and can be slowed or accelerated based upon need and objectives of the City.

ITEM 13
CITY OF CERES – 2023 PENSION LIABILITY ASSESSMENT
Andrew Flynn
California Municipal Advisors LLC
(415) 310-1255
[email protected]
Cameron Weist
The Weist Law Firm
(831) 438-7900
[email protected]
14 QUESTIONS? Contact Us
Lloyd Hedenland
The Weist Law Firm
(916) 258-4046
[email protected]
ITEM 13

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: October 23, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Delilah Vasquez, Director of Human Resources
[email protected], (209) 538-5772
SUBJECT:

Resolution No. 202 3-XXX, Rattifying the Appointment of Shannon Esenwein to the Position of Director of Finance, Approving an Employment Agreement, and Authorizing the Interim City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council a dopt the resolution ratifying the appointment of Shannon Esenwein to the position of Director of Finance and approving the employment agreement.

I. BACKGROUND:

The Director of Finance position has been vacant since September 1, 2023. The recruitment process to fill the position has been concluded and Shannon Esenwein has been selected to fill the position. Ms. Esenwein was selected from a pool of highly qualified applicants and has undergone an interview process with an interview panel, a follow up interview with the Interim City Manager and checking of references. Ms.

Esenwein has been offered the position pending ratification of the appointment and approval of the employment agreement by the City Council.

II. REASONS FOR RECOMMENDATION:

Ms. Esenwein comes to the City with extensive experience in Finance and is currently the Assistant Director for the Stanislaus County Community Services Agency. Ms. Esenwein is currently responsible for overseeing approximately 130 employees in the Finance and Operations Division and a department budget of $334 million. Ms. Esenwein’s professional history includes experience as Director of Finance and Administrative Services for the City of Hughson and Administrative Services Director/Treasure for the City of Arroyo Grande. She also possesses her Certified Public Account Certificate.

ITEM 14
Based on Ms. Esenwein’s professional work experience and educational background, staff is recommending the appointment of Ms. Esenwein as Director of Finance for the City of Ceres.

The negotiated employment agreement is included with this staff report as attachment 2.

Staff recommends Council’s ratification of the appointment pursuant to Municipal Code Section 2.03.040. The salary range is set at range J89, Step C ($13,492 per month) III. FISCAL IMPACTS:

Funding for this position is included in the current budget.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

The services provided by Ms. Esenwein will assist the City in accomplishing its goals of enhanced government operations to provide quality services to meet community needs.

V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

Agenda posting and the public will have the opportunity to comment on this item at the City Council meeting.

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The Interim City Manager will execute the agreement.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Employment Agreement
ITEM 14

ATTACHMENT A
RESOLUTION NO. 2022-XXX

RATTIFYING THE APPOINTMENT OF SHANNON ESENWEIN TO THE

POSITION OF DIRECTOR OF FINANCE, APPROVING AN

EMPLOYMENT AGREEMENT, AND AUTHORIZING THE INTERIM CITY

MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, as provided for in Section 2.03.040, of the Ceres Municipal Code, the Interim City Manager has the authority to appoint all Department Heads subject to ratification by the City Council; and

WHEREAS, the Interim City Manager has appointed Shannon Esenwein to the position of Director of Finance; and

WHEREAS, the Employment Agreement has been negotiated with Shannon Esenwein, which sets forth the rights, duties, and obligations of the parties, a copy of which Agreement is attached hereto as Exhibit “A” and incorporated herein by reference; and

WHEREAS, the City Council has reviewed the terms and conditions of said Agreement and finds the terms and conditions contained therein are reasonable and in the best interest of the citizens of the City of Ceres.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby ratify the appointment of Shannon Esenwein to the position of Director of Finance, approves an employment agreement, and authorizes the Interim City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23
rd day of October 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 14
ITEM 14
1 EMPLOYMENT AGREEMENT

FOR THE DIRECTOR OF FINANCE
Th
is Employment Agreement (“Ag reement”) is made and entered into by and between the City of Ceres, State of California, a municipal corporation, hereinafter called “EMPLOYER” or “City,” and Shannon Esenwein, hereinafter called "EMPLOYEE”.

WITNESSETH:

WH
EREAS, it is the desire of the EMPLOYER to provide certain benefits, establish certain conditions of employment and to set working conditions of said EMPLOYEE, which conditions will help to:

1. Secure an d retain the services of EMPLOYEE and to provide inducement for EMPLOYEE to remain in employment;

2. M
ake possible EMPLOYEE’S full productivity by setting forth the terms and conditions of EMPLOYEE’S employment;

3. S
et forth the process by which either EMPLOYEE or EMPLOYER may terminate this Agreement and EMPLOYEE’S services.

WH
EREAS, EMPLOYEE has agreed to accept employment as the Director of Finance for the City of Ceres.

NOW THEREFORE, in consideration of the mutual covenants contained herein, the EMPLOYER and EMPLOYEE agree as follows:

SECTION I – EMPLOYMENT
EMPLOYEE is employed to serve as the EMPLOYER’ S Director of Finance.

EMPLOYEE shall serve as an "at-will employee" at the pleasure of the City Manager, who has the power pursuant to local ordinance to appoint, remove, promote, and demote EMPLOYEE, subject to ratification by the City Council.

EMPLOYEE understands and agrees that the terms of EMPLOYEE’S employment are governed solely by this Agreement. EMPLOYEE further understands and agrees that this Agreement does not confer a property right in EMPLOYEE’S employment or a right of employment for any specified term and that EMPLOYEE is not entitled to due process for any disciplinary action, including termination, under state or federal law or the EMPLOYER’S personnel policies and rules , other than as may be set forth in this Agreement.

EMPLOYEE agrees to devote all of EMPLOYEE’S productive time, ability, and attention to the EMPLOYER’S business to the extent necessary to perform EMPLOYEE’S duties and responsibilities in a manner satisfactory to the City. During the Term of the Agreement, as defined in Section V, EMPLOYEE shall not hold secondary employment or engage in ITEM 14

ATTACHMENT B
2 activities which conflict with, or present the appearance or possibility of conflicting with, the EMPLOYER’S legitimate business interests. As such, EMPLOYEE agrees that EMPLOYEE will notify the City Manager or the City Council in writing if EMPLOYEE accepts secondary employment. The EMPLOYER shall determine whether there is the appearance of or an actual conflict, or potential conflict, with the performance of EMPLOYEE’S duties and/or the best interest of the EMPLOYER . EMPLOYEE has the right to volunteer for such nonprofit organizations as EMPLOYEE may see fit; provided that such volunteer services shall not interfere with EMPLOYEE’ S duties or the business interests of EMPLOYER.

SECTION II - DUTIES
EMPLOYEE shall perform those duties as set forth in the job description attached hereto, with respect to h er position of Director of Finance, and such other duties as may be requested from time to time by the City Manager.

Unless otherwise specified in this Agreement, EMPLOYEE shall be bound by all the policies, rules, and regulations of City now in force and effect applicable to EMPLOYEE’S position, and by all such other applicable policies, rules, and regulations as may be hereafter implemented and called to EMPLOYEE’S notice and will faithfully observe and abide by the same. No such policy, rule, or regulation shall alter, modify, or revoke EMPLOYEE’S status as an at-will employee or any other provision of this Agreement.

SECTION III – HOURS OF WORK
It is recognized that the EMPLOYEE’S position is an exempt executive management position which often requires more than a conventional forty (40) hour week to provide the desired level of professional service. It is further reco gnized that to properly fulfill the duties and responsibilities of the position, EMPLOYEE will devote a considerable amount of time outside normal office hours to the business of the City. Therefore, while EMPLOYEE shall spend sufficient hours on site to perform the duties of the position, EMPLOYEE has discretion over the work schedule and work location and will not be required to maintain a strict forty (40) hour-per-week on-site presence at City Hall and may be occasionally absent from City Hall during normal business hours as is reasonable and appropriate.

SECTION IV-
SALARY
The salary for the EMPLOYEE shall be set at Range J89, Step C ($13,492 per month) of the 7/09/23-6/30/24 City of Ceres Class Titles and Salary Ranges Schedule.

EMPLOYER agrees that EMPLOYEE’S compensation for subsequent fiscal years will be reconsidered as part of the budgetary process for those Fiscal Years. Step increases to be considered consistent with City Personnel Rules on an annual basis. ///
ITEM 14
3 SECTION V – TERM, TERMINATION AND SEVERANCE PAY
A. Term. The term of this Agreement shall be for three (3) years from the Effective Date set forth in Section VIII (“Term”), unless terminated earlier pursuant to this Section V. The City Manager in his or her sole discretion may extend the Term for one (1) year. No later than three (3) months prior to the expiration of the Term, the City Manager shall provide written notice to EMPLOYEE as to whether the City Manager intends to extend the Term.

This Agreement shall become effective upon its Effective Date; upon the adoption of a resolution of the City Council approving this Agreement.

B. V
oluntary Resignation . EMPLOYEE may resign at any time and agrees to give the City at least thirty (30) calendar days advance written notice of the effective date of EMPLOYEE’S resignation unless the Parties otherwise agree in writing. If EMPLOYEE retires from full-time public service with the City, EMPLOYEE shall provide ninety (90) calendar days advance written notice. EMPLOYEE’S actual retirement date will be mutually established between the Parties. During the notice period, unless otherwise set forth in this Agreement, all rights and obligations of the Parties under this Agreement shall remain in full force and effect. Promptly after the effective date of resignation or retirement, the City shall pay to EMPLOYEE all salary and benefit amounts accrued and owing under this Agreement.

C. Employer Termination/Severance. EMPLOYER may, with or without cause or prior notice, terminate this Agreement and EMPLOYEE’S employment with the City.

EMPLOYEE shall be provided a written notice setting forth the reasons for such termination. City shall tender EMPLOYEE all wages due and owing, as well as accrued and unused vacation for all hours worked as of EMPLOYEE’S last day of employment, in accordance with standard City practice, federal or state law and this Agreement.

In the event EMPLOYEE’S employment and this Agreement are terminated by the EMPLOYER during such time that EMPLOYEE is willing and able to perform the duties required under this Agreement, EMPLOYER agrees to pay EMPLOYEE a lump sum cash payment (“Severance”) equal to three (3) months’ aggregate salary, increasing by two (2) weeks per each calendar year of Employee’s service in the position of Director of Finance.

The total Severance pay will not exceed six (6) months ’ aggregate salary in total. For the purpose of this SECTION V, the term “aggregate salary” is defined as the EMPLOYEE’S regular gross monthly salary on the date of termination, less all mandatory statutory withholdings.

Any S everance payable under this Agreement shall be contingent on EMPLOYEE’S signature on a release of all claims in a form at satisfactory to the EMPLOYER and is subject to the restrictions of Government Code section 53260 which provides that the maximum cash payment that an employee may receive shall be an amount equal to the monthly salary of the employee multiplied by the number of months left on the unexpired term of the contract, not to exceed eighteen (18) months. Additionally, any cash settlement related to the termination of this Agreement received by EMPLOYEE from EMPLOYER shall be fully reimbursed to EMPLOYER if EMPLOYEE is convicted of a crime involving an abuse of office or position while employed by EMPLOYER , pursuant to Government ITEM 14
4 Code section 53243.2. Any Severance shall be paid in the same manner as other employees unless otherwise agreed to by EMPLOYER and EMPLOYEE.

Notwithstanding the foregoing, in the event EMPLOYEE’S employment is terminated “for cause” EMPLOYER shall have no obligation to pay the Severance, nor any portion of it, but shall only be obligated to provide all wages due and owing to EMPLOYEE at the time of termination, including any accrued unused vacation, promptly in accord with standard City practice. For purposes of this Agreement, “cause” shall be defined as termination resulting from EMPLOYEE’S conduct which would constitute the basis for disciplinary action under Rule 13.2 of the City’s Personnel Rules, or any revised or successor rule.

In the event EMPLOYEE is terminated by Employer for misconduct which has been publicly disclosed and could stigmatize EMPLOYEE’S reputation for honesty or morality or impair EMPLOYEE’S ability to earn a living, EMPLOYEE may, within ten (10) calendar days, make a written request for a “name-clearing” hearing (as described in Lubey v. City and County of San Francisco (1979) 98 Cal.App.3d 340, and its progeny) before the City Council. Any such “name -clearing” hearing will be held solely to provide EMPLOYEE an opportunity to clear EMPLOYEE’S name. The City Council may determine whether the allegations in the notice of termination are supported. If the City Council determines that the allegations are not supported, a decision shall be issued to reflect that EMPLOYEE’S termination was without fault. Such a decision, however, will not require that EMPLOYEE be reinstated.

SECTION VI – F

RINGE BENEFITS AND OTHER TERMS AND CONDITIONS

OF EMPLOYMENT
A. Term Life Insurance

1. EMPLOYEE shall receive an EMPLOYER paid term life insurance policy having a face policy value of Fifty Thousand Dollars ($50,000).

2. The EMPLOYER reserves the right to provide this life insurance through a self- insured plan or under a group insurance policy or policies issued by an insurance company or insurance companies selected by the EMPLOYER.

B.

Health and Welfare Plan

1. EMPLOYEE must enroll in an available City medical plan unless s he opts out. In order to opt out, the EMPLOYEE must provide the following:
a. Proof that the EMPLOYEE and all individuals for whom EMPLOYEE intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the EMPLOYER’S plan year to which the opt out applies (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and

ITEM 14
5 b. EMPLOYEE must sign an attestation that EMPLOYEE and his/her tax family have or will have such minimum essential coverage for the opt out period. EMPLOYEE must provide the attestation every plan year at open enrollment.

2. The EMPLOYER shall contribute the following amounts toward the combined premiums for medical, dental and vision on a semi -monthly basis (24 pay periods). The EMPLOYER’S contribution shall not exceed the actual premiums, or the contribution amounts listed below, whichever is less.

EMPLOYEE shall be responsible for the balance of premiums, if any. a. $355 semi -monthly ($710 monthly) for EMPLOYEE enrolled EMPLOYEE-Only medical coverage.
b. $735 semi-monthly ($1,470 monthly) for EMPLOYEE enrolled in EMPLOYEE + 1 medical coverage.
c. $1,045 semi-monthly ($2,090 monthly) for EMPLOYEE
enrolled in EMPLOYEE + Fa mily (more than one dependent) medical coverage.

3. The City shall pay one hundred percent (100%) of the dental and vision premiums for EMPLOYEE who waives medical coverage.

4. EMPLOYEE who waives medical coverage shall receive $100 semi-monthly ($200 monthly) taxable compensation.

5. The City shall continue a Section 125 program for pre-tax deductions for the EMPLOYEE share of medical, dental and vision insurance premiums.

6. Benefits shall stop at the end of the month when City employment is ended for any reason. All coverage, except as required to be offered or extended under federal and state law, shall end.

There is no responsibility on the part of the City to pay, either in money or premiums, any remaining City or EMPLOYEE obligations beyond the month of termination of EMPLOYEE’S employment.

Cash payment for medical waivers will be paid only through the end of the month in which EMPLOYEE’S employment terminated. Such payment will be included in EMPLOYEE’S final pay received from the City.

Any outstanding premiums required to continue benefits through the end of the month of EMPLOYEE’S termination of City employment will be withheld from the final pay received from the City.

The City retains the discretion to select the City plan(s) each year. In the event the City makes changes to the plan selection, EMPLOYEE will receive ITEM 14
6 advance notice and an opportunity to discuss concerns regarding the changes.

C. S ick Leave & Sick Leave Conversion

1. Sick leave accumulation for EMPLOYEE shall be one day (8 hours) per month for 12 days per year (3.692 hours earned per pay period). Sick le ave accumulation is unlimited.

2. If EMPLOYEE has not taken more than 36 hours of sick leave during the twelve (12) month period beginning the first pay period in January and ending the second pay period in December of each year, EMPLOYEE shall be entitled to convert up to 24 hours of unused sick leave to pay or leave with pay (1:1 ratio), providing that at no time shall EMPLOYEE’S sick leave balance fall below 192 hours.

3. Accumulated sick leave shall be paid to EMPLOYEE at 50% of the accumulated balance upon retirement from City service at the EMPLOYEE’S current base hourly rate at time of retirement (Retirement Cash-Out Amount”). a. For the purpose of this section, the term “retirement” is defined, understood and intended to mean, EMPLOYEE’S separation from employment with the City at a time when the EMPLOYEE qualifies for pension benefits through the 1937 Act Retirement System, concurrent with the filing of an application by EMPLOYEE for retirement benefits and subsequent notification by the administrators of the 1937 Act Retirement System of approval of the application and the right of EMPLOYEE to commence receipt of current benefits from the retirement system. Discontinuanc e of paid work for the City under any circumstances other than defined herein, or election by EMPLOYEE for deferral of retirement payments, are not considered as “retirement” for eligibility to receive payment for a portion of any unused sick leave benefit as stated herein.
b. The City agrees to implement upon retirement a retiree health savings plan administered by a provider selected by the City.
c. Upon retirement, EMPLOYEE shall have the option of: 1) being paid all or any portion of the Retirement Cash-Out Amount; 2) contributing all or any portion of the Retirement Cash- Out Amount to a Retiree health Savings account; 3) contributing all or any portion of the Retirement Cash- Out Amount to deferred compensation account; or 4) any combination of the foregoing.

D.

Vacation & Vacation Conversion

1. In recognition of Employee’s years of experience in city management, Employee shall accrue 4.62 hours per pay period (15 days) from the inception ITEM 14
7 of her employment as Finance Director. Thereafter, Employee shall accrue as follows:

Years of
Continuous Service
Hours Earned Per Pay
Period
Annual
Accumulation
0-5 4.62 hours 15 days
6th-14th 6.15 hours 20 days
15 Plus 1 additional day per year for
each year over 15 to a
maximum of 25 days per year

2. Maximum vacation accumulation shall be 480 hours. If EMPLOYEE reaches the 480 hours maximum vacation accumulation, he shall not accrue additional vacation hours. Accrual of vacation hours shall resume once the balance is reduced through time off.

3. Pay-out of accumulated vacation hours at separation of service shall be limited to 480 hours.

4. EMPLOYEE may convert per fiscal year up to forty (40) hours of vacation leave to be accrued in the coming fiscal year into cash, so long as the EMPLOYEE irrevocably elects to convert the amount of vacation leave at least twelve (12) months prior to the conversion. Payment will be at EMPLOYEE’S current hourly rate of pay (1:1 ratio).

E. C
onversion of Leave to Deferred Compensation Account

1. EMPLOYEE shall be given the opportunity to convert forty (40) hours per fiscal year of a combination of sick and/or vacation leave to EMPLOYEE’S individual deferred compensation account.

F. Management Leave

1. EMPLOYEE is declared as exempt under Fair Labor Standards Act executive exemption guidelines.

2. EMPLOYEE shall receive fifteen (15) management leave days ( 120 hours of leave) per fiscal year, including the current fiscal year. Management leave must be used during the fiscal year in which it is earned and is not accumulative.

Carryover of unused management leave days into the subsequent fiscal year may be allowed only upon prior written approval of the City Manager. ///
ITEM 14
8 G. Holidays
EMPLOYEE shall receive such paid City holidays as are granted to the Mid- Managers’ Bargaining Group.

H. B ereavement Leave

1. EMPLOYEE shall be entitled to take up to five (5) scheduled workdays of bereavement leave in the event of death of a family member as defined by the California Family Rights Act—which includes a parent, child, grandparent, grandchild, sibling, spouse, registered domestic partner, parent-in-law, or other “designated person” —as well as a sibling, parent or grandparent of EMPLOYEE’S spouse or registered domestic partner. EMPLOYEE shall be entitled to bereavement leave with pay as follows:
• EMPLOYEE shall be entitled to leave with pay for a maximum of five (5) scheduled workdays in the event of the death of the EMPLOYEE’S spouse, registered domestic partner or children.
• EMPLOYEE shall be entitled to leave with pay for a maximum of three (3) scheduled workdays, in the event of the death of the EMPLOYEE’S parents, siblings or grandchildren.
• EMPLOYEE shall be entitled to leave with pay for a maximum of one (1) scheduled workday in the event of the death of an EMPLOYEE’S brother or sister by marriage or do mestic partnership, parents by marriage or domestic partnership, and grandparents of EMPLOYEE or by marriage or domestic partnership.

2. Additional bereavement time may be granted but paid from the EMPLOYEE’S accrued vacation or management leave time upon request from the EMPLOYEE and approval by the City Manager.

3. The EMPLOYER reserves the right to request proof of the death of the deceased and the EMPLOYEE’S relationship to the deceased.

I. R
etirement System and Contribution

1. The EMPLOYER shall provide EMPLOY EE enhanced retirement benefits pursuant to the formula outlined in Government Code Section 31676.14 commonly known as “2% at 55.”

2. The EMPLOYEE shall pay 100% of the EMPLOYEE’S contribution into the 1937 Act Stanislaus County EMPLOYEE’S Retirement System. Said contribution shall be vested in the EMPLOYEE’S name as permitted under the rules and regulations of the Act.

ITEM 14
9 J. Professional Development

1. As an incentive for furthering individual , professional and managerial growth by EMPLOYEE, EMPLOYER will annually budget $900.00 for EMPLOYEE in the interest of promoting and supporting EMPLOYEE’S professional development. Independent of, supplemental to, and not to be used as a substitution for or in conjunction with other budgeted City funds for training or conferences, this benefit may be used to assist in the payment of expenses for EMPLOYEE to attend a national or international professional conference associated with or related to the EMPLOYEE’S profession and responsibilities with this City, enrollment in pertinent management training courses, enrollment in academic/educational classes or curriculum relative to City employment, and/or payment for applicable tuition, books, or reference resources.

Acquisition of computer hardware, computer software, or other technological equipment may be allowed, provided it is for EMPLOYEE’S individual use and benefit in the course of performing EMPLOYEE’S employment responsibilities and the purchase(s) remain the property of the City.

2. EMPLOYEE shall obtain the City Manager’s written approval of the intended use of said professional development funds prior to each encumbrance or expenditure. The annual allocation of funds for this purpose may be carried over into one (1) subsequent fiscal year. No portion of these monies shall be provided to the EMPLOYEE for cash purposes or as additional compensation.

K. Automobile Allowance
EMPLOYEE shall be provided with a car allowance of Two Hundred Dollars ($200.00) per month, which the Parties agree is reasonable compensation for automobile expenses in the course and scope of employment. CITY shall also reimburse EMPLOYEE for other reasonable and necessary t ravel and other business expenses incurred by EMPLOYEE in performance of her duties. All reimbursement shall be subject to and in accordance with California law and applicable CITY reimbursement policies.

L. O
ther Voluntary Benefits
Through a Section 125 program and effective with the plan year beginning January 1, 2017, the City shall provide EMPLOYEE a $1,200 annual allowance for payment of pretax supplemental insurance premiums, and contributions to Flexible Spending Accounts (daycare and unreimbursed medical expenses) or Health Savings Accounts (HSA).

The selection of these benefits is voluntary on the part of the EMPLOYEE.

The allowance shall be provided on a semi -monthly basis —$50 over 24 pay periods.

ITEM 14
10 The City shall continue a Section 125 program for pre -tax deductions for the EMPLOYEE share of other supplemental insurance premiums, and for Flexible Spending Accounts (daycare and unreimbursed Medical expenses) or Health Savings Accounts (HSA).

The City retains the discretion to select the voluntary benefit plans offered to EMPLOYEE. In the event the City makes changes to the plan selection, EMPLOYEE will receive advance notice and an opportunity to discuss concerns regarding the changes.

M. E ducational Incentive
In order to promote highly trained and skilled professionals, the City is willing to provide educational incentive to those individuals who demonstrate their improved education level. Education must be from an accredited college. Should Employee obtain a Master’s degree, EMPLOYEE shall receive an additional pay incentive of twelve percent (12%).

SECTION VII - GENERAL PROVISIONS

1. Modification of Agreement . This Agreement may be supplemented, amended, or modified only by a writing signed by the City and EMPLOYEE and approved by a resolution of the City Council.

2. Entire Agreement . This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties and supersedes all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.

3. Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any Section of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining sections of this Agreement shall not be affected.

4. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms , and that all former requirements necessary or required by state or federal law in order to enter into this Agreement ha ve been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

5. Headings. The headings in this Agreement are included for convenience only and neither affect the construction or interpretation of any Section in this Agreement nor affect any of the rights or obligations of the Parties to this Agreement.

ITEM 14
11 6. Necessary Acts and Further Assurances . The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.

7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

8. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

9. Counterparts. This Agreement may be executed in counterparts, and all so executed shall constitute an agreement which shall be binding upon the Parties hereto, notwithstanding that the signatures of all Parties and Parties’ designated representatives do not appear on the same page.

10. Venue. Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Stanislaus.

11. Attorney’s Fees and Costs . If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret Sections of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

SECTION V
III – EFFECTIVE DATE

This Employment Agreement shall be effective on .

[Signature Page to Follow]

ITEM 14
12 IN WITNESS WHEREOF, this Agreement has been entered into by and between EMPLOYEE and CITY as of the date of the Agreement set forth above.

Dated: Dated:

CITY OF CERES, EMPLOYER

By:

Doug Dunford, Interim City
Manager

Shannon Esenwein, EMPLOYEE

APPROVED AS TO FORM: ATTEST:

Nubia Goldstein, City Attorney

Fallon Martin, City Clerk (Seal)

ITEM 14

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: October 23, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Kevin Waugh, PE., Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT: Four-Way Stop Sign Referrals
RECOMMENDED COUNCIL ACTION:

This staff report is for information only.

I. BACKGROUND:

Staff received referrals from Council on two (2) intersections for an all-stop sign warrant analysis. The first referral was placed on the September 11, 2023 City Council Meeting Agenda by Councilmember Daniel A. Martinez. Councilmember Martinez proposed the referral during the August 28th, 2023 Council Meeting.

The second council referral was placed on the October 9, 2023 City Council Meeting Agenda by Vice Mayor Silveira who proposed the referral during the September 11, 2023 Council Meeting. Vice Mayor Silveira proposed a four-way stop at Roeding Road and 9th Street.

City Council requested an update from Staff on the all-way stop sign referrals. Staff requested proposals from its on -call traffic consultants and received two proposals which are currently being reviewed.

II. REASONS FOR RECOMMENDATION:

Staff seeks direction from Council as to whether the Department of Engineering Services shall direct our on -call consultants to conduct the requested all -way stop sign warrant analysis as referred. An all -way stop warrant analysis comprises the following: an intersection evaluation to assess the feasibility of installing all -way stop control at the two study locations, the all -way stop warrant analysis will be conducted per the California Manual on Uniform Traffic Control Devices (CA MUTCD), 2014 Edition, Revision 7, Part 2 – Signs, Section 2B.07. Further, sight distance analysis will be conducted using aerial images (Google/Bing) and field review, if needed.

ITEM 15
An assessment of vehicular delay to minor streets during traffic during peak hours is also required to evalu ate collateral impact by the CA MUTCD warrant method using Synchro 11 software. The results will be summarized in a draft technical memorandum which will include a summary of all data collection conducted, stop warrant analyses, and recommendations for additional treatments, if applicable. City will review the results and, if necessary, solicit bids for the installation of the stop signs in accordance with C alifornia public contract law.

Proposals for the professional design services were solicited to our on-call Civil Engineer Retainer. The City of Ceres has received and reviewed the two proposals from TL Engineering and AMG Engineering. Upon staff review of proposals, staff negotiated the contract terms with the highest ranked consultant, AMG Engineering.

III. FISCAL IMPACTS:

Funds for the design of traffic calming and traffic studies were included in the General Street Assessment and Planning ( ENG 2303 ) in account number 27195.800500. The contract amount for design services is $8,800.00 for analyzing both intersections.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first priority of the Strategic Plan to ensure the community has adequate and well-maintained infrastructure.

V. POLICY ALTERNATIVES:

City Council can choose to direct staff to reject the proposal and re -direct staf f on the desired approach.

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Staff will direct the on-call consultant to perform the all -stop warrant study under the approved on -call Master Agreement. As the proposed amount is under the $ 25,000 threshold, Staff is not required to bring this task order to Council for approval.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager
ITEM 15