Ceres City Council
July 8, 2024

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, July 8, 2024 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 Chris Henry, Hope Tree Church.

PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Mayor Lopez.

Click this link to join the webinar:
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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 [email protected].

AGENDA
Regular City Council Meeting
July 8, 2024

PRESENTATIONS

None

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

While the City Council welcomes and encourages participation in City Council meetings, adopted rules allow no more than 5 minutes (Resolution No. 2007-106) for expression of non -agenda items. Matters under the jurisdiction of the City Council, and not on the posted agenda, may be addressed by the general public; however, California law prohibits the City Council from taking action on any matter which is not on the posted agenda unless it is determined to be an emergency by the City Council. Citizens are e ntitled to address the City Council on any agenda item subject to the 5-minute provision.

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONFLICT OF INTEREST DECLARATION

CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by a single motion unless otherwise requested by an individual Councilmember or public for special consideration.

Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.

1. Clerks Report of Posting. The agenda of the July 8, 2024 City Council Meeting was Posted on Tuesday, July 2, 2024. (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 June 24, 2024 Regular City Council Meeting. (City Clerk)

4. Register of Audited Demand(s) Dated June 20, 2024 through June 27, 2024. (Esenwein)

5. Resolution No. 2024 -XXX, Approving the Updated Use of the Range Revenue Funds Received from the Rental of the Ceres Police Range. (Perry)

6. Resolution No. 2024-XXX, Approving the Construction Contract for the Richland Sanitary Sewer Replacement Project (New Project String) to Rolfe Construction Inc., Authorizing a 10% Contingency, A pproving a Budget Amendment, and Authorizing the City Manager to Execute the Contract. (Beltran)

AGENDA
Regular City Council Meeting
July 8, 2024

7. Resolution No. 2024 -XXX, Approving the Construction Contract for Central Avenue Storm Drain Repair to Rolfe Construction Inc., Authorizing a 10% Contingency, and Authorizing the City Manager to Execute the Contract. (Beltran)

8. Resolution No. 2024 -XXX, Approving Project Agreement #3 to the Master Agreement for Professional Consultant Services for Non -Federal Project with Engeo Incorporated for Construction Observation, Materials Testing, and Inspection Services of the Richland Sanitary Sewer Replacement Project, and Authorizing the City Manager to Execute the Contract. (Beltran)

9. Resolution No. 2024-XXX, Approving a Contract Extension with JJACPA, Inc. to Perform the Annual Audit of the City of Ceres and its Component Units for Fiscal Year Ending June 30, 2023 and June 30, 2024. (Esenwein)

10. Resolution No. 2024 -XXX, Approving a Budget Amendment to Allocate Funds from the Board of State and Community Corrections Officer Wellness and Mental Health Grant Allocation Fund for the Purchase of an Infrared Sauna, ColdTub and Accessories for Officer Wellness. (Perry)

11. Resolution No. 2024 -XXX, Ratifying the Application to the Bureau of Justice Assistance for the Patrick Leahy Bulletproof Vest Partnership Grant to Reimburse up to Fi fty Percent (50%) of the Purchase Cost of Ballistic Vests for the Police Department. (Perry)

12. Resolution No. 2024 -XXX, Ratifying the Application for the California Attorney General Tobacco Grant Program. (Perry)

13. Resolution No. 2024 -XXX, Ratifying the Application for the U.S. Department of Justice School Violence Prevention Program Grant. (Perry)

14. A) Resolution No. 202 4-XXX, Approving a Professional Services Agreement with VIP Audio Visual Company to Perform Audio Visual Upgrades to the Council Chambers, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Agreement. (City Clerk)

B) Resolution No. 2024 -XXX, Authorizing the Use of the American Rescue Plan Act Funds to Complete Audio Visual Equipment Upgrades for the City Council Chambers. (City Clerk)

15. Resolution No. 2024-XXX, Approving a Memorandum of Understanding with the Stanislaus County Area Agency on Aging for the Senior Lunch Program and Authorizing the City Manager to Execute the M emorandum of Understanding. (Chavez)

16. Resolution No. 2024-XX, Approving a Memorandum of Understanding with the Stanislaus County Area Agency on Aging for the Senior Special Events and AGENDA
Regular City Council Meeting
July 8, 2024

Authorizing the City Manager to Execute the M emorandum of Understanding. (Chavez)

17. Resolution No. 2024-XXX, Authorizing the City Manager to Enter into an Amended Memorandum of Understanding with the Stanislaus Council of Governments for the Third and Final Suballocation of the Regional Early Action Planning Grant and Approving a Budget Amendment. (Simvoulakis)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

None

PUBLIC HEARING

None

NEW BUSINESS

None

DISCUSSION ITEMS

None

COUNCILMEMBER REFERRALS
Councilmembers request to have an agenda item placed on a future agenda (pursuant to Chapter 2 - City Council Meetings, J-8. City Council Referrals/Determination of Items for Agenda).

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

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

AGENDA
Regular City Council Meeting
July 8, 2024

CLOSED SESSION

18. Conference with Labor Negotiators, Cal Gov’t Code §54957.6(a) Agency Designated Representative: City Manager, Douglas D. Dunford and Human Resources Director, Delilah Vasquez
Employee Organization: Laborers’ International Union of North America (LiUNA!)

19. Conference with Legal Counsel – Anticipated Litigation , Cal. Gov’t Code §54956.9(d)(2)
“For the purposes of this section, litigation shall be considered pending when any of the following circumstances exist… A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency.” Potential Case(s): 1 case

20. Liability Claims, Cal. Gov. Code §54956.95
Claimant: Ruben Juares
Agency Claimed Against: City of Ceres

REPORT FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on July 22, 2024 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

Council Agenda:

The City Council agenda is available for public review on the City’s website at www.ci.ceres.ca.us and posted at the time and places noted above.

Related Materials:

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2220 Magnolia Street, Ceres, CA during normal business hours. Persons

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 Tuesday, July 2, 2024, at the following locations in Ceres:

A. Community Center Display Case – 2701 Fourth Street

____________________________ ____________________________________________________________________________________________________________________________ __ Fallon Martin, City Clerk
AGENDA
Regular City Council Meeting
July 8, 2024

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).

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

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

City Council Chambers, 2701 Fourth Street
Monday, June 24, 2024 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

M
ayor Lopez called the June 24, 2024 meeting to order at 6:00 p.m.

ROLL CALL – Present:

M
ayor: 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 Present Present

INVOCATION

Invocation by Councilmember Rosalinda L. Vierra.

PLEDGE OF ALLEGIANCE

Ple
dge of Allegiance was led by Mayor Lopez.

PRESENTATIONS

N
one

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

D
ave Pratt spoke regarding the hours at dog park.

John Warren spoke regarding Roeding Rd. and Ninth St. intersection and the status of a study for a stop sign.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 24, 2024

Gene Yeakley spoke regarding grant funding for traffic patrol.

Justin Farkas spoke regarding updates from Assemblyman Juan Alanis’ office.

APPOINTMENTS TO BOARDS/COMMISSIONS

N
one

CONFLICT OF INTEREST DECLARATION

N
one

CONSENT CALENDAR

1. C
lerks Report of Posting. The agenda of the June 24, 2024 City Council Meeting was Posted on Wednesday, June 19, 2024. (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 June 10, 2024 Regular City Council Meeting. (City Clerk)

4. Approval of Minutes for the June 18, 2024 Special City Council Meeting. (City Clerk)

5. Register of Audited Demand(s) Dated May 31, 2024 through June 11, 2024. (Esenwein)

6. General Correspondence – Information Only
a. P ublic Works Monthly Report for May 2024 (Royal)

7. Removed for separate consideration.

8. Resolution No. 2024- 73, Approving a Three- Year Service Agreement with Motorola Solutions for Police Department Radio Maintenance and Authorizing the City Manager to Execute the Agreement. (Perry)

9. Removed for separate consideration.

10. Removed for separate consideration.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 24, 2024

11. Waiver of Second Reading and Adoption of Ordinance No. 2024- 1081, An Ordinance of the City Council of the City of Ceres Adding Chapter 9, Construction and Demolition Waste of Title 6, Health and Sanitation, of the Ceres Municipal Code to Establish Administrative Procedures for Documenting Compliance with Senate Bill 1374 and the California Green Building Code Standards (CalGreen) for the Diversion of 65 Percent of Construction and Demolition Debris from Landfills. (Royal)

12. Resolution No. 2024-76, Approving a Letter of Support from the Ceres City Council to Present to Stanislaus Regional Transit Authority for the Transit and Intercity Rail Capital Grant Program (TIRCP). (City Manager)

13. Removed for separate consideration.

14. Removed for separate consideration.

15. Removed for separate consideration.

16. Removed for separate consideration.

Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving items 1-6, 8, 11-12. Motion carried 5/0/0/0 by the following roll call vote:

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

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 7: Removed for separate consideration by Ceres resident, Gene Yeakley

Resolution No. 2024- 72, Approving a Three- Year Contract with the City of Newman for the Ceres Police Department to Provide Police Dispatch and Related Services and Authorizing the City Manager to Execute the Contract. (Perry)

Gene Yeakley asked if this was a new agreement, where the revenue goes, and the impact it will have on City of Ceres dispatchers.

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

Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving item 7. Motion carried 4/1/0/0 by the following roll call vote:

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 24, 2024

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

Item 9: Removed for separate consideration by Councilmember Vierra

Resolution No. 2024-74, Approving Project Agreement #2 with Advanced Mobility Group to Provide Professional Traffic Engineering Services and On-Going Support Services for the City’s Traffic Signal System and Authorizing the City Manager to Execute the Agreement. (Beltran)

Councilmember Vierra asked if the services would be throughout the city.

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

Dave Pratt spoke regarding traffic mitigation and travel time across the city.

John Warren spoke regarding coordination with CalTrans.

Mayor Lopez closed public comment.

Council and staff discussion included retiming all stop lights throughout the city, CalTrans coordination with synchronization, and coordinating with the school district.

Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving item 9. Motion carried 5/0/0/0 by the following roll call vote:

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

Item 10
: Removed for separate consideration by Councilmember Vierra

Resolution No. 2024-75, Approving the Construction Contract for the Smyrna Park Playground to GameTime, Inc., Authorizing a 10% Contingency, and Authorizing the City Manager to Execute the Contract. (Beltran)

Councilmember Vierra spoke regarding inclusive play for children with disabilities.

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

Council and staff discussion included inclusive play.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 24, 2024

Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving item 10. Motion carried 5/0 /0/0 by the following roll call vote:

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

Items 13, 14, 15, and 16: Removed for separate consideration by Ceres resident, John Warren

Resolution No. 2024- 77, Ratifying the Memorandum of Understanding between the City of Ceres and the First Line Supervisor Group and Authorizing the City Manager to Execute the Memorandum of Understanding. (Vasquez)

Resolution No. 2024- 78, Ratifying the Memorandum of Understanding between the City of Ceres and Mid Managers Bargaining Group and Authorizing the City Manager to Execute the Memorandum of Understanding. (Vasquez)

Resolution No. 2024- 79, Ratifying the Memorandum of Understanding between the City of Ceres and Ceres Police Officers’ Association and Authorizing the City Manager to Execute the Memorandum of Understanding. (Vasquez)

Resolution No. 2024- 80, Ratifying the Memorandum of Understanding between the City of Ceres and Ceres Public Safety Mid Managers Association and Authorizing the City Manager to Execute the Memorandum of Understanding. (Vasquez)

John Warren spoke regarding the fiscal impact the wage increases will have on the City.

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

Council and staff discussion included a previous discussion regarding a preliminary budget.

Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving items 13 – 16. Motion carried 4/1/0/0 by the following roll call vote:

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

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 24, 2024

NEW BUSINESS

17. R
esolution No. 2024-81, Accepting the 2023-24 Military Equipment Annual Report and Approving the Military Equipment Funding, Acquisition and Use Policy. (Perry)

Police Chief, Chris Perry, introduced the item.

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

Council and staff discussion included adopting a multi -year report and state legislature.

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 17. Motion carried 5/0/0/0 by the following roll call vote:

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

18. Reconsideration of the City Council’s Policy on the Use of Video Teleconferencing Such as Zoom for Public Participation at City Council Meetings. (City Attorney)

City Attorney, Nubia Goldstein, introduced the item.

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

Dave Pratt spoke in favor of allowing Zoom comments.

John Warren spoke in favor of allowing Zoom comments.

Mayor Lopez closed public comment.

Council and staff discussion included supporting Zoom commenting, Zoom allowing viewers who are unable to physically attend to participate, and the current status of Zoom bombings.

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving the use of Zoom comments during City Council meetings. Motion carried 5/0/0/0 by the following roll call vote:

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 24, 2024

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

UNFINISHED BUSINESS

19. R
esolution 2024-82, Adopting the Amended City Council Rules and Procedures Handbook Dated June 2024. (City Attorney)

City Attorney, Nubia Goldstein, introduced the item.

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

Council and staff discussion included who has the authorization to suspend Zoom comments.

Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving item 19 with inclusion of the action approved in item 18. Motion carried 5/0/0/0 by the following roll call vote:

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

PUBLIC HEARING

20. S
econd Reading and Adoption of Ordinance No. 2024-1082, An Ordinance of the City Council of the City of Ceres Amending Title 15, Buildings and Construction, Chapter 8, California Fire Code, of the Ceres Municipal Code to Adopt the 2022 California Fire Code. (Wise)

Fire Chief, Kevin Wise, introduced the item.

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

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 20. Motion carried 5/0/0/0 by the following roll call vote:

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

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 24, 2024

21. Ordinance No. 2024-XXXX, An Ordinance of the City Council of the City of Ceres Amending Title 15 of the City of Ceres Municipal Code and Adopting by Reference the California Code of Regulations Title 24, 2022 Edition, of the California Building Standards Code and to Set a Public H earing on July 22, 2024, for a Second Reading and Adoption of the Ordinance. (Simvoulakis)
Community Development Director, Lea Simvoulakis, introduced the item.

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

Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving item 21. Motion carried 5/0/0/0 by the following roll call vote:

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

22. Resolution No. 2024- 83, Approving an Agreement for Turnkey Design and Construction Energy Services with Schneider Electric Buildings Americas, Inc. for the Design and Construction of an Energy Services Project for the City of Ceres Wastewater Treatment Plant Improvements and Upgrades and Authorizing the City Manager to Execute the Agreement. (Royal)

E
ngineering Services Director/City Engineer, Michael Beltran, introduced the item.

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

Council and staff discussion included how the project will be funded, what funds will be used, the e ffect it will have on enterprise accounts, rate increases, and the impact the project will have on taxpayers.

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 22. Motion carried 5/0/0/0 by the following roll call vote:

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

23. Resolution No. 2024-84, Authorizing the Annexation of 3605 9th Street (APN: 127- 025-009) into the Community Facilities District No. 3, Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified Electors.

Community Development Director, Lea Simvoulakis, introduced the item.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 24, 2024

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

Council and staff discussion included the effect the action has on the assessed value of the home, defining annexation for this item, notification of all necessary parties, and the parcel map.

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 23. Motion carried 5/0/0/0 by the following roll call vote:

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

City Clerk, Fallon Martin, announced the result of the property owner vote.

Qualified Landowner Votes: 1
Votes Casted: 1
Votes Yes: 0
Votes No: 1

Council and staff discussion included the steps taken leading up to the Council meeting, the purpose for the annexation, the voting process , the required sequences of events, language the information was provided in, and that no further action was required due to the landowner voting no.

Resolution No. 2024- XXX, Declaring the Results of a Special Annexation Landowner Election, Determining Validity of Prior Proceedings, and Directing the Recording of the First Amendment to Notice of Special Tax Lien.

Ordinance No. 2024-XXXX, An Ordinance of the City Council of the City of Ceres Introducing and Waiving the First Reading of Authorizing and Levying of Special Taxes in Community Facilities District No. 3, Including Annexation No. 1. (Simvoulakis)

DISCUSSION ITEMS

N
one

COUNCILMEMBER REFERRALS

N
one

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 24, 2024

REPORTS

•
Mayor

Nothing to report.

• City Council

Councilmember Martinez spoke regarding Concerts in the Park, Skies the Limit, and a drone firework show put on by South Modesto Business United.

Councilmember Vierra spoke regarding Tuscany Village, Concerts in the Park, Ceres Garden Club, Affordability in the Valley town hall meeting on July 9, 2024, and the We Care Program.

Vice Mayor Silveira spoke regarding Fire Chief, Kevin Wise’s promotion.

• City Manager

Nothing to report.

• City Attorney

Nothing to report.

• Departments

Police Chief, Chris Perry, spoke regarding the Torch Run on June 25, 2024.

• County Supervisor

Nothing to report.

CLOSED SESSION

24. Conference with Labor Negotiators, Cal Gov’t Code §54957.6(a) Agency Designated Representative: 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

25. Liability Claims, Cal. Gov. Code §54956.95
Claimant: Vincent Hooper
Agency Claimed Against: City of Ceres
ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 24, 2024

REPORT FROM CLOSED SESSION

M
ayor Lopez reported that direction was given to staff for items 24 and 25.

ADJOURNMENT

The next scheduled City Council Meeting will be held on Ju ly 8, 2024, at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

Ther
e being no further business, Mayor Lopez adjourned the meeting at 8:34 p.m.

______________________________
Javier Lopez, Mayor

______________________________
Fallon Martin, City Clerk

Cons
istent with Council Policy, the minutes referenced above are in Action Format . The complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda center.

ITEM 3
ITEM 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:

TO:

FROM:

CONTACT:

SUBJECT:

July 8, 2024
Mayor and City Council
Doug Dunford, City Manager
Shannon Esenwein, Finance Director
[email protected], (209) 538-5765
Register of Audited Demand(s) Dated June 20 to June 27, 2024 RECOMMENDED COUNCIL ACTION:

City Council approve the register of audited demand(s) dated June 20, 2024, through June 27, 2024 covering obligations to be paid by general warrants #130189 through #130338 in the amount of $1,254,682.94.

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 June 27, 2024.

Each demand has been audited 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 knowledge and belief is a true, correct and complete listing of claims audited and payable.

Approved by ;,MO;__
Shannon Esenwein, Finance Director
Attachments:

1. Attachment A - Warrant Register June 20, 2024 through June 27, 2024.

ITEM 4
Date
REIMB. BEV. CONTAINER REC CITY/COUNTY PROG FY21/22 733.11130198 06/20/24 5594 DEPARTMENT OF RESOURCES

RECYCLING AND RECOVERY
0000001577328
Total: 400.98
Total: 3,083.75
130197 06/20/24 1462 CALIFORNIA LANDSCAPE SUPPLY,
INC
90566 NEW WATER FOUNTIAN FOR SMYRNA PARK 200.49
90326 LIONS PLAQUE FOR SMYRNA PARK 200.49
Total: 4,780.00
130196 06/20/24 1343 BLACK WATER CONSULTING

ENGINEERS INC
6917 22300085 MAY 24 WATER MAIN AND SERVICE REPLACEMENT 2022 3,083.75 TRAFFIC SIGNAL RESPONSE 2,259.00
22810 TRAFFIC SIGNAL ROUTINE 2,521.00
130195 06/20/24 1289 BEAR ELECTRICAL SOLUTIONS, INC 22868 FY24/25 ANNUAL ALARM MONTORING FOR WWTP 788.64
Total: 788.64
130194 06/20/24 1284 BAY ALARM COMPANY 21443164
1 HANDHOLE COVER FOR DOWNTOWN ST. LIGHT 470.00
Total: 470.00
130193 06/20/24 1217 AZCO SUPPLY, INC. 448883
MAY 24 PROCESSING BL ADMIN SVCS (421) LICENSES 4,466.81 Total: 4,466.81
130192 06/20/24 1199 AVENU MUNISERVICES INV06-018883

95.89 130191 06/20/24 1183 AT & T HITECHLINEAPRMAY
24 4/12-5/11/24 HIGH TECH CRIMES - FINAL BILL 39.95
Total: 39.95
Total:

Total: 1,364.34
130190 06/20/24 5391 AMAZON CAPITAL SERVICES, INC. 1YDY-QHN4-C7R3 REPLACEMENT SIDE VIEW MIRROR VEH. 35-239-11 22.21 IN9K-9YV9-X9CM PRINTER INK FLEET OFFICE 73.68
650FT. OUTDOOR BEAM /LABOR OR REMOVE DEFETIVE BEAM 1,223.34 268857 W.NICHOLAS: ADDED TO ALARM SYSTEM 141.00
130189 06/20/24 1098 AL'S CERTIFIED SAFE & LOCK 268877
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 7/1/2024 5:36:10 PM

ATTACHMENT A
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount NEW HIRE UNIFORM - MARDIROSIAN 231.88
071026 NEW HIRE UNIFORM - FERREIRA 1,145.21
130208 06/20/24 1733 CRESCENT SUPPLY 403161
22400008 MAY 24 TURLOCK SEWER USE CHARGES FY23/24 81,544.42 Total: 81,544.42
130207 06/20/24 1646 CITY OF TURLOCK P000021-001 MAY 24 5/1-31/24 CABLE SVCS FOR FLEET 116.52
Total: 116.52
130206 06/20/24 1606 CHARTER COMMUNICATIONS 170060201060124 6/1-30/24 SCADA FIBER OPTIC SVC CONNECTION 360.00
Total: 360.00
130205 06/20/24 1606 CHARTER COMMUNICATIONS 170062001060124 05/01/2024-6/30/2024 PD CABLE SVCS 522.06
Total: 522.06
130204 06/20/24 1606 CHARTER COMMUNICATIONS 140060501060124 SPONORSHIP ANNUAL STREET FAIRE RESO 2024-44 5,000.00
Total: 5,000.00
130203 06/20/24 1578 CERES STREET FAIRE PARADE RESOLUTION 2024- 44 Total: 1,100.00
Total: 2,796.81
130202 06/20/24 1573 CERES PRO TOW 45616 EVIDENCE TOW 880.00 45727 EVIDENCE TOW 220.00
Total: 920.00
130201 06/20/24 5825 CENCAL PORTABLES INC. 21-24 6/15/24 HOT AIR BALLOON FESTIVAL PORTABLE RESTROOM 2,796.81 MAY 24 CAR WASHES FOR PD ACCT 12794 455.00
224250 MAY 24 CAR WASHES FOR PW ACCT 12605 465.00
130200 06/20/24 1491 CAR WASH PARTNERS, INC. 224354
22400037 MAY 24 FEDERAL ADVOCACY & GRANT WRITING SVCS 5,600.00 Total: 5,600.00
130199 06/20/24 5753 AMANDA FENTON 2024CAP137
Total: 733.11
7/1/2024 5:36:10 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount STREEET SWEEPER VALVE SOLENOID 219.82130215 06/20/24 2130 GCS ENVIRONMENTAL EQUIPMENT

SERVICES INC
28657
WHEEL HUB FOR TRACTOR DISC. 315.31
Total: 315.31
130214 06/20/24 2123 GARTON TRACTOR, INC P4194301
FARO 3D ZONE SOFTWARE 5,280.00
Total: 5,280.00
130213 06/20/24 5614 FARO TECHNOLOGIES, INC 91819286
MAY 24 PRE-EMPLOYMENT CREDIT CHECK 25.00
Total: 25.00
130212 06/20/24 1961 EXPERIAN 61396
22400016 JUN 24 CITY ROW & PARKS LANDSCAPE SVCS 23,275.00 Total: 23,275.00
130211 06/20/24 5587 EMTS, INC. 11201046
EMERGENCY PUMP REPAIR @ W41 RESO 2024-63 30,331.61
Total: 30,331.61
130210 06/20/24 1874 DON PEDRO PUMP 29654
MAY 24 PRE-EMPLOYMENT FINGERPRINT APPS 96.00
Total: 371.00
APR 24 PRE-EMPLOYMENT FINGERPRINT APPS 211.00
733481 APR 24 PRE-EMPLOYMENT FINGERPRINT APPS 64.00
130209 06/20/24 1838 DEPT OF JUSTICE ACCOUNTING

OFFICE CASHIERING UNIT
733479
740222
NEW HIRE UNIFORM - MURILLO 9.79
Total: 2,131.39
NEW HIRE UNIFORM - MURILLO 66.40
421035 NEW HIRE UNIFORM - MURILLO 70.77
NEW HIRE UNIFORM - MURILLO 28.29
071180 UNIFORM PANTS & POLO - STURGES 171.96
NEW HIRE UNIFORM - MURILLO 133.88
071167 NEW HIRE UNIFORM - MURILLO 273.21
071250
071188
071194
071243

7/1/2024 5:36:10 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount HEADER FOR D.E.F. TANK SENSOR- FUEL 790.93130225 06/20/24 1829 FRESNO TRUCK CENTER F014082278:01 NON-SWORN UNIFORMS PER MOU 1,648.46
Total: 1,648.46
130224 06/20/24 5530 KATHRYN FOSTER 1504
22300103 6/10/2024 PW PROJECT MANAGEMENT AND CONSULTATION 3,000.00 Total: 3,000.00
130223 06/20/24 5685 JEREMY DAMAS 06.2024.1
6/3-13/24 GET FIT/ZUMBA GOLD/AQUAFIT CLASSES 416.00
Total: 416.00
130222 06/20/24 5272 JANA KIRCHERT 097
7,860.84
Total: 19,656.80
5,000.00
130221 06/20/24 5303 JACK DOHENY COMPANIES, INC. 230595 REPLACED FAULTED BOARD 2,410.16 231364 VISUAL INSPECTION,NEW PARTS,GENERAL LABOR,FREIGHT 9,385.80 231365 SEWER INSPECTION, CAMERA REPAIRS,PARTS REPAIR
Total: 1,334.05
130220 06/20/24 5706 ITPIPES OPCO, LLC B2216 IT PIPES ANNUAL SOFTWARE LICENCE 5,000.00 Total:

Total: 16,473.76
130219 06/20/24 2411 I.C. REFRIGERATION SERVICE, INC. 2438469 SWAMP COOLER ANNUAL SVCS 1,334.05 5/16-31/24 FUEL FOR PD ACCT 76081 7,772.83
128000 5/16-31/24 FUEL FOR PW ACCT 76078 8,700.93
130218 06/20/24 5816 HUNT & SONS LLC 128001
MULTIPOINT WIRELESS INSTALL 1,900.00
Total: 1,900.00
130217 06/20/24 2390 HOWELL COMMUNICATIONS, INC. 63195
MAR-APR 24 CITY ENG & LAND SURVEYING SVCS 2,310.00
Total: 2,310.00
130216 06/20/24 2131 GDR ENGINEERING, INC. 28736
Total: 219.82
7/1/2024 5:36:10 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount TOILET REBATE @ 1336 RIVERETTE 75.00
WASHING MACHINE REBATE @ 1336 RIVERETTE 75.00
185110250-117794(2) TOILET REBATE @ 1336 RIVERETTE 75.00 130234 06/20/24 1001 OCTAVIO MORAN 185110250-117794 185110250-117794(3)
TOILET REBATE @ 1704 HACKETT RD 75.00
Total: 75.00
130233 06/20/24 1001 ISABEL LOPEZ 143030010-113358 D.VASQUEZ PER DIEM CSJVRMA MEETING 173.95
Total: 173.95
130232 06/20/24 1001 DELILAH VASQUEZ D.VASQUEZ

CSJVRMA
450.00
130231 06/20/24 2831 MCCOY'S INDUSTRIAL TIRE, INC. 8887 1 FLAT TIRE REPAIR 60.00 Total: 60.00
Total: 129.99
130230 06/20/24 5364 MATTHEW W. LAMPO 2245 PRE-EMPLOYMENT POLYGRAPH - CARTER 450.00 Total:
130229 06/20/24 2645 LES SCHWAB TIRE CENTER 67000481211 FRONT ALIGNMENT POLICE VEH. 10-109-16 129.99 RIFLE LIGHTS - TAIL CAP SWITCH 110.16
462917 RIFLE LIGHTS - DUAL SWITCH TAIL CAPS 991.47
RIFLE LIGHTS 5,025.60
462326 RIFLE LIGHTS - TAIL CAP SWITCHES 881.31
130228 06/20/24 2625 LC ACTION POLICE SUPPLY 460796
461137
Total: 7,008.54
PRE EMPLOYMENT PSYCH - MURILLO 400.00
Total: 400.00
130227 06/20/24 5399 LAW ENFORCEMENT PSYCHOLOGICAL

SERVICES INC
3284
6/25/24 CONCERTS IN THE PARK BAND 500.00
Total: 500.00
130226 06/20/24 5559 LAURA M RANKIN 6/25/24
Total: 790.93
7/1/2024 5:36:10 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount BATTERY REPLACEMENT FIRE DEPT UNIT 15-420-15 141.66
4452-396263 2 BATTERIES FOR POLICE VEH. 492.42
130241 06/20/24 3102 O'REILLY AUTO PARTS 4452-396625
22400048 APR 24 WHITMORE AVE REHAB PROJ STPL(075) FY24 6,525.00 Total: 6,525.00
130240 06/20/24 3088 O'DELL ENGINEERING 4241007
3/25-4/30/24 SR99/MITCHELL RD/SVC RD INTERCHANGE 44,189.75 Total: 44,189.75
130239 06/20/24 3070 NV5, INC. 388899
OIL FILTERS,BRAKE PADS,BULBS,TIRE SENSOR,VALVES 1,329.52 Total: 1,329.52
130238 06/20/24 2990 MOTOR PARTS DISTRIBUTORS INC STMNT 5/26/24 22400082 MAY 24 RIGHT OF WAY ACQUISITION SR99 SVC/MITCHELL 320.00 Total: 320.00
130237 06/20/24 5768 MONUMENT ROW 2245

31.95 6/17/24 MATS ADMIN PW BUILDING 10.00
521759772 6/10/24 MATS FOR ADMIN PW BULIDING 10.00
6/10/24UNIFORM SERVICES WTR/WTR CONSERVATION 78.90
Total: 343.09
6/17/21 UNIFORM SERVICE FLEET 31.95
521759759 06/10/24 UNIFORM SERVICES WASTEWATER 75.30
130236 06/20/24 5362 MISSION LINEN SUPPLY 521803956
521759775
521715701
521803958
521759776
IRRIGATION CONTROLLER REBATE @ 1336 RIVERETTE 50.00
Total: 325.00
6/3/24 UNIFORM SERVICES FACILITIES 28.48
521759773 6/10/24 UNIFORM SERVICES FACILITIES 28.48
6/10/24 UNIFORM SERVICES STREETS 48.03
521759774 6/10/24 UNIFORM SERVICES FLEET
185110250-117794(4) IRRIGATION CONTROLLER REBATE @ 1336 RIVERETTE 50.00 185110250-117794(5)
7/1/2024 5:36:10 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount CUSTODIAL SUPPLIES 989.28
228167 TOWEL DISPENSER 80.30
CUSTODIAL SUPPLIES 636.38
229591-01 CUSTODIAL SUPPLIES 50.49
130247 06/20/24 3324 RANDIK PAPER CO. 229591
227719
228671 CUSTODIAL SUPPLIES FS 1 248.66
DAMAGED OVERHEAD DOOR REPAIR TO FIRE HOUSE 470.00
Total: 470.00
130246 06/20/24 5639 R & S ERECTION TRI-COUNTY INC 133246 MOTORCYCLE HELMETS & COMMUNICATION KITS 3,579.62
Total: 3,579.62
130245 06/20/24 3285 PVP COMMUNICATIONS, INC 134564
KEY FOB REPLACEMENT PROGRAM 319.65
Total: 1,338.18
AIR CONDITIONER, VALVES, COMPRESSOR UNIT 10-110-20 761.53 34366 HEATER HOSE/STREETS PICK-UP UNIT 30-259-16 89.41
E.G.R EXHAUST VALVE ENGINE FOR PD UNIT 10-110-20 137.00 34401 ACCUNULATOR S/E DRYER PD UNIT 10-110-20 30.59
130244 06/20/24 3265 PRICE FORD OF TURLOCK, INC. 34562
34367
93051
528.20
130243 06/20/24 5471 PACIFIC STORAGE COMPANY 5209745 MAY 24 PD SHREDDING 148.18 Total: 148.18
Total:

Total: 764.28
130242 06/20/24 5583 ODP BUSINESS SOLUTIONS, LLC 363466962001 BATTERIES & COPY PAPER 322.84 364538652001 PENS, FLIP NOTEBOOKS, PAPERCLIPS, THERMAL PAPER 205.36 OIL FOR ENGINE STOCK 119.20
4452-398939 ELECTRIC RELAY FAN CONTROLLER RADIATOR 11.00 4452-396559
7/1/2024 5:36:10 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount TEMP SVCS SECRETARY WE 6/9/24 (R.JOHNSON) 1,276.00
40500 TEMP SVCS SECRETARY WE 6/16/24 (R.JOHNSON) 1,276.00 TEMP SVCS SECRETARY WE 5/26/24 (R.JOHNSON) 1,276.00
40380 TEMP SVCS SECRETARY WE 6/2/24 (R.JOHNSON) 1,020.80 TEMP SVCS SECRETARY WE 5/12/24 (R.JOHNSON) 1,148.40
40185 TEMP SVCS SECRETARY WE 5/19/24 (R.JOHNSON) 1,276.00 130254 06/20/24 5823 SABLE CAPITAL FWTX, LLC 40112
40259
40414
Total: 7,273.20
22400065 MAY 24 WELL#38 TID DISCHARGE IMPRVMNTS RESO23-146 24,822.78 Total: 24,822.78
130253 06/20/24 4198 ROLFE CONSTRUCTION INC. 23312
6/18/24 CONCERTS IN THE PARK BAND 500.00
Total: 500.00
130252 06/20/24 5424 RODRIGUEZ, MARLENE DOLORES 6/18/24 130251 06/20/24 5824 ROBERTO GLORIA 6/11/24
704.60
130250 06/20/24 5615 RECOLOGY BLOSSOM VALLEY

ORGANICS
00221357/RI COMPOST PROCUREMENT FOR CALRECYCLE GRANT PROJ 1,042.95 Total: 1,042.95
JUNE 2024 MAINTENENCE FINAL INVOICE 1,100.00
6/11/24 CONCERTS IN THE PARK BAND 500.00
Total: 500.00
151.46
Total: 1,100.00
130249 06/20/24 1004 CERES ROTARY CLUB 71504166 CERES ROTARY CLUB P7539 2/24/24 RFND CC LG RM 704.60 Total:

Total: 2,889.58
130248 06/20/24 3343 RAY'S RADIO SHOP INC. 60101
229037 CUSTODIAL SUPPLIES 441.62
228673 GLOVES FOR CUSTODIAL 291.39
228868 CAN LINERS/ CUSTODIAL
7/1/2024 5:36:10 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 202.29
Total: 59,641.02
130263 06/20/24 3799 SUN BADGE COMPANY INC 418603 C.PERRY: FLAT BADGE 202.29 Total:

Total: 142.86
130262 06/20/24 3768 STATE OF CA 11928 LOAN#004-11-ECE-ARRA ST LIGHT RPLCMT LOAN PYMNT#24 59,641.02 Total: 15,187.20
130261 06/20/24 3767 STATE CONTROLLER'S OFFICE DEPT

ACCOUNTING OFFICE
FTB-00006900 FRANCHISE TAX BOARD TRAFFIC SITE OFFSETS 142.86 1,720.00
130260 06/20/24 3745 STANISLAUS COUNTY AUDITOR-CONT 4921 22400047 MAR 24 BLDG INSPECTION & PLAN CHECK SVCS FY23/24 7,436.80 4922 22400047 APRR 24 BLDG INSPECTION & PLAN CHECK SVCS FY23/24 7,750.40 Total:

Total: 900.00
130259 06/20/24 5571 STANISLAUS COUNTY SHERIFF'S PITINSTRUCTORCO URSE
N.BLAKESLEE & T.SCOPESI: 3/22/24 PIT INSTR. COURSE 860.00 5558 N.BLAKESLEE & T.SCOPESI: DRV AWARE INS 3/19-21/24 860.00 PRE-EMPLOYMENT MEDICAL STRESS TESTS 225.00
868966P369488 PRE-EMPLOYMENT MEDICAL STRESS TESTS 225.00 PRE-EMPLOYMENT STRESS TEST 225.00
878021P370639 PRE-EMPLOYMENT STRESS TEST 225.00
130258 06/20/24 3740 STANISLAUS CARDIOLOGY 839934P366133 880680P370845

98.00 130257 06/20/24 2483 SNS AUTOMATION 5-2024-2 MAY 24 SCADA SYSTEM INTEGRATION 11,155.00 Total: 11,155.00
Total: 300.00
130256 06/20/24 3678 SJVAPCD ATTN: FINANCE N163418 PERMIT FOR GENERATOR F/S 4 #N8532 98.00 Total:
130255 06/20/24 3635 SILVEIRA, JOHN L JR. CCITP722401-3 6/18 - 6/25/24 SOUND SYSTEM TECH CONCERTS IN PARK 300.00 7/1/2024 5:36:10 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount Total: 100.00
CELLPHONE RECORDS REQUEST 50.00
9022358079 CELLPHONE RECORDS REQUEST 50.00
130272 06/20/24 4016 VERIZON WIRELESS 9022358762
2 TIRES FOR POLICE VEH. UNIT 10-299-12 250.36
Total: 250.36
130271 06/20/24 3966 VALLEY TIRE SALES, INC. 106813
Total: 559.38
Total: 937.76
130270 06/20/24 4185 UNITED SITE SERVICES 114-13828664 03/01-31/2024 RANGE TOILET RENTAL 279.69 114-13867280 MAY 2024 - RANGE TOILETS 279.69
130269 06/20/24 5610 ULTIMATE TRAINING MUNITIONS, INC. 315804 BLANK TRAINING AMMUNITION 937.76 MAY/28-31/24 ADDTL REMOTE IMP (K.JOHNSON) (S.HOLT) 5,216.00 045-469569 5/17/24 ADDTL REMOTE IMPLEMENTATION (S.HOLT) 1,304.00 MAY 24 ADDTNL IMPLEMENTATION HR 652.00
045-470065 MAY 24 ADDTNL IMPLEMENTATION HR 1,304.00
130268 06/20/24 3915 TYLER TECHNOLOGIES, INC. 045-467677 045-471191
Total: 8,476.00
5/1-16/24 GRAFFITI ABATEMENTE - CE & PARKS 1,734.00
Total: 1,734.00
130267 06/20/24 3898 TROY E. SLAYBAUGH 1109
22400061 MAY 24 BIKE LANE CORRIDORS CLASS II CML-5241(074) 15,506.98 Total: 15,506.98
130266 06/20/24 5676 TL ENGINEERING 1477
5/1-8/24 LEGAL AD TCP CC#4 QTR 4 2023-24 600.00
Total: 600.00
130265 06/20/24 3842 THE CERES COURIER INC. 369918
130264 06/20/24 5291 T-MOBILE USA, INC 9570097210 CELLPHONE AREA DUMPS (2) 100.00 Total: 100.00
7/1/2024 5:36:10 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount ALARM ACTIVATED WHITE HOUSE 141.00
268875 SERVICE CALL FOR ALARM/MALFUNCTIONING EYE BEAM 170.00 130283 06/26/24 1098 AL'S CERTIFIED SAFE & LOCK 268547
JUN 24 SCADA MANAGED BACK-UPS 399.00
Total: 399.00
130282 06/26/24 1039 ADTECH INC 382058
MAY 24 ACA REPORTING FEE 453.44
Total: 453.44
130281 06/26/24 1028 ACCORD SYSTEMS, LLC P0555662
MAY 24 VISAS 24,793.08
Total: 24,793.08
130280 06/20/24 3917 U.S. BANK VISA MAY 24
JUN 24 ADDTNL IMPLEMENTATION HR 3,912.00
Total: 3,912.00
130279 06/20/24 3915 TYLER TECHNOLOGIES, INC. 045-471933 JUN 24 ELECTRICITY SVCS 109,530.76
Total: 109,530.76
130278 06/20/24 3906 TURLOCK IRRIGATION DISTRICT JUN 2024 22400088 4/21-5/20/24 CITY ENGINEERING SVCS PROJ AGRMNT #1 1,929.10 Total: 1,929.10
130277 06/20/24 5814 WMB ARCHITECTS INC. 25702
BUSINESS CARDS - R.ROSE 80.20
Total: 80.20
130276 06/20/24 4112 WILLEY PRINTING CO., INC. 150467
MOBILE MMS SUPPORT SERVICES THROUGH 6/30/23 3,380.00
Total: 3,380.00
130275 06/20/24 4079 WEBSOFT DEVELOPERS, INC INV-000501 Total: 1,680.00
Total: 1,008.68
130274 06/20/24 5778 VIP AUDIO VISUAL COMPANY INC 387714 5/13/24 AV TECH SUPPORT COUNCIL MEETING 840.00 387716 5/28/24 AV TECH SUPPORT COUNCIL MEETING 840.00
130273 06/20/24 5801 VICTOR GIL 083 PATROL HATS 1,008.68 7/1/2024 5:36:10 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount Total: 174.19
130292 06/26/24 1793 DAVID LANGLEY INC. 7004-290INV ANNUAL WINDOW CLEANING SERVICE PD 700.00 7003-290INV ANNUAL WINDOW CLEANING SERVICE FS 1 1,100.00 450.00
130291 06/26/24 1733 CRESCENT SUPPLY 421138 AVA UNIFORM - STURGES 76.20 K21035 NEW HIRE UNIFORM - MURILLO - UNIFORM PANTS 97.99 Total: 274.64
130290 06/26/24 1648 CIVICPLUS, INC 297482 MUNICODE ADMIN SUPPORT FEE 6/1/24-5/31/25 450.00 Total:

Total: 50.00
130289 06/26/24 1606 CHARTER COMMUNICATIONS 170061001060124 6/1/24-6/30/24 INTERNET FOR SCADA WATER 274.64 FLAT TIME - UNIT 234 25.00
46562 FLAT TIRE 25.00
130288 06/26/24 1573 CERES PRO TOW 46561
HOT AIR BALLOON FESTIVAL 2024 BAND 500.00
Total: 500.00
130287 06/26/24 1561 CERES AREA CHAMBER OF

COMMERCE
23MD1301
164.73
Total: 247.09
6,600.00
130286 06/26/24 1462 CALIFORNIA LANDSCAPE SUPPLY,
INC
90924 FILL DIRT FOR LEAK REPAIR- KINSER RD 41.18
91244 FILL DIRT- TUSCANY VILLAGE VALVE INSTALL 41.18
91249 FILL DIRT-TUSCANY VILLAGE/ VALVE INSTALL
Total: 16.69
130285 06/26/24 1140 ANIMAL DAMAGE MANAGEMENT INC 8074C 22400058 JUN 24 PEST CONTROL SERVICES RESO 22-134 FY23-24 6,600.00 Total:

Total: 311.00
130284 06/26/24 5391 AMAZON CAPITAL SERVICES, INC. 1CTW-W3X4-D4D9 CONCRETE SAW BLADE STREET DEPT. 16.69 7/1/2024 5:36:10 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount K4F1306 JUN 24 WATER SAMPLE ANALYSIS W28 &38 SPECIAL 90.00 MAY 24 WATER SAMPLES ANALYSIS W16 884.40
K4F0419 JUN 24 WATER SAMPLE ANALYSIS WELL BACTIS 927.65 MAY 24 WATER SAMPLE ANALYSIS WQP 1,258.95
K4F1005 JUN 24 WATER SAMPLE ANALYSIS DIST 13 546.00
130300 06/26/24 2134 GEOANALYTICAL LABORATORIES K4E0914 K4E0717
K4F1004
K4E1419 MAY 24 WATER SAMPLE ANALYSIS DIST 13 REPEAT BACTI 304.50 JUN 24 WATER SAMPLE ANALYSIS W39&40 NITRATE 42.80
GATE REPAIR PARKS SHOP 302.25
Total: 302.25
130299 06/26/24 2127 GATE-OR-DOOR INC. 133223

74.61 130298 06/26/24 1993 FERGUSON WATERWORKS #1423 0003632 (2) 8"GATE VALVE & MJ- TUSCANY VILLAGE 3,858.58 Total: 3,858.58
Total: 3,853.70
130297 06/26/24 1985 FEDERAL EXPRESS 8-488-45786 SHIPPING FEE FOR POST BATTERY TEST 74.61 Total:

Total: 270.00
130296 06/26/24 1931 ENGEO, INC 292055REV2 22400080 MAY 24 OCHOA PARK PH II IMPROVEMENT PROJ AGRMNT #2 3,853.70 ELEVATOR PREVENTATIVE MAINTENANCE FOR CCC 135.00
95225 ELEVATOR PREVENTATIVE MAINTENANCE FOR PD 135.00
130295 06/26/24 5437 ELEVATOR TECHNOLOGY, INC. 95226
211.00
130294 06/26/24 1878 DON'S MOBILE GLASS, INC. ITUR609835 REPLACED WINDOW STREETS DEPT. F250 249.00 Total: 249.00
Total: 1,800.00
130293 06/26/24 1839 DEPT OF JUSTICE ACCOUNTING

OFFICE CASHIERING UNIT
733479 APR 24 LIVE SCANS 211.00
Total:
7/1/2024 5:36:10 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount JUN 24 WATER ANALYSIS W39 &40 35.00130307 06/26/24 2419 IEH-JL ANALYTICAL SERV INC. 640774

81.28 130306 06/26/24 2399 HUGHSON FARM SUPPLY H495455 4 WEED EATER HEADS/4METAL BLADES/6 LOCKS FOR BLADE 378.30 Total: 378.30
Total: 123.00
130305 06/26/24 2392 HOWK SYSTEMS, INC. 0179845-IN PERSEPHONE PARK SPRINLKE REPAIR DUE TO VANDALISM 81.28 Total:

Total: 115.12
130304 06/26/24 2307 HAO VAN LE P24001506-COC JUN 24 MONTHLY LAB ANALYSIS 123.00 PARTS FOR CL2- TANK REPAIR TANK 39 & 40 80.97
M-508356 PVC FOR WELL 22 CL2 LEAK REPAIR 34.15
130303 06/26/24 2232 GREEN RUBBER-KENNEDY AG M-509951
Total: 83.42
Total: 3,435.00
130302 06/26/24 2225 GRAINGER 9138786794 HAVC FILTERS 65.16 9126962415 BEVERAGE JUG 1 GAL 18.26
Total: 6,311.05
130301 06/26/24 2136 GEORGE REED, INC. 2872R 5% RET RELEASE DON PEDRO PARK CONCRETE PATHWAY PRO 3,435.00 JUN 24 WATER SAMPLE ANALYSIS W41 RESAMPLE COLIFORM 52.70 K4F0615 JUNE 24 MONTHLY LABS ANALYSIS 115.00
JUN 24 WATER SAMPLE ANALYSIS W39 & 40 1,358.55
K4F0506 JUN 24 WATER SAMPLE ANALYSIS W41 RESAMPLE COLIFORM 52.70 JUN 24 WATER SAMPLE ANALYSIS W39 & 40 NITRATE 42.80
K4F0305 JUN 24 WATER SAMPLE ANALYSIS DIST 13 546.00
K4F0304
K2F0420
K4F0515
K4E2010 MAY 24 WATER SAMPLE ANALYSIS W22 URANIUM 89.00
7/1/2024 5:36:10 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 6/24/24 UNIFORM SERVICES WATER/WTR CONSERVATION 78.90130318 06/26/24 5362 MISSION LINEN SUPPLY 521845539 MILEAGE REIMBURSEMENT 6/13/24 FOR CITY OF MERCED 46.23
Total: 46.23
130317 06/26/24 1001 SHIRLEY VENTURA S.V. MERCED PANEL M. JIMENEZ D2&T2 EXAM FEES 132.28
Total: 292.28
M. JIMENEZ T2 CERTIFICATION FEE 80.00
35508 M. JIMENEZ D2 CERTIFICATION FEE 80.00
130315 06/26/24 1001 MIGUEL JIMENEZ 35507 35509
WASHING MACHINE REBATE @ 3825 SOUTHWOOD CT 75.00
Total: 75.00
130314 06/26/24 1001 JOSE MENDOZA 143450050-112125 D.DUNFORD: MTW W/CITY ATTY IN SAC 5/3/2024 105.99
Total: 105.99
130313 06/26/24 1001 DOUG DUNFORD D.DUNFORD: ATTY MTG

1.60 TONS OF ASPHALT FOR CITYWIDE PATCHING 131.61
Total: 131.61
130312 06/26/24 5557 MARTIN MARIETTA MATERIALS, INC. 42627823 3,000.00
130311 06/26/24 2624 LAYMAN ELECTRIC, INC 76473 FINAL PAYMENT FOR ELECTRICAL FOR NEW LOCKERS 1,770.49 Total: 1,770.49
Total: 19,489.83
130310 06/26/24 5685 JEREMY DAMAS 06.2024.2 22300103 6/10-23/24 PW PROJ MANAGEMENT AND CONSULTATION 3,000.00 Total:

Total: 7,369.92
130309 06/26/24 5303 JACK DOHENY COMPANIES, INC. 231363 TESTING FOR WATER VISUAL,FUNCTION,VIDEO,PRESSURE 19,489.83 MAY24 UB MAINT QUICK PAY & SUPPORT FEE 475.00
263172 MAY24 UB STMT PROCESSING & POSTAGE 6,894.92
130308 06/26/24 2429 INFOSEND, INC. 264043
Total: 35.00
7/1/2024 5:36:10 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount REAR LAMP TAIL LIGHT 400.28
35059 TIRE PRESSURE SENSOR FOR POLICE EXPLORER 135.95
Total: 3,166.92
130322 06/26/24 3129 PACIFIC GAS & ELECTRIC 35600
TIRE PRESSURE SENSOR FOR POLICE EXPLORER 135.95
91077 LATCH DOOR AN RE-KEY PROGRAM PD EXPLORER 244.14
130324 06/26/24 3265 PRICE FORD OF TURLOCK, INC. 35060
35153
130321 06/26/24 5583 ODP BUSINESS SOLUTIONS, LLC 369049775001 Total: 1,690.09
JUNE 2024 - PD SHREDDING 130.00
Total: 130.00
130323 06/26/24 5471 PACIFIC STORAGE COMPANY 5213659
MAY 24 GAS SVCS 3,166.92
EXAUST,TIRE PATCH,PADS,OIL FILTER,AIR FILTER,WIPER 267.34 THERMAL CASH REGISTER ROLLS 92.76
Total: 92.76

75.30 6/17/24 UNIFORM SERVICES STREETS 132.78
521803936 6/17/24 UNIFRM SERVICES PARKS 221.31
Total: 267.34
130320 06/26/24 3062 NORTHSTAR CHEMICAL 284130 CL2 FOR WELL #27 866.71 283848 CL2 FOR WELL #22 823.38
Total: 796.06
130319 06/26/24 2990 MOTOR PARTS DISTRIBUTORS INC 43431 521845535 6/24/24 MATS FOR PW ADMIN BUILDING 10.00
521803959
521759752
521803960 6/17/24 UNIFORM SVCS WATER 78.90
521803957 6/17/24 UNIFORM SERVICES FACILITIES 146.45
6/10/24 UNIFORM SVCS PARKS 52.42
521803944 6/17/24 UNIFORM SVCS FOR WW
7/1/2024 5:36:10 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount Total: 5,798.00
EVOC TRAINING NOV-DEC 23/ FEB-APR 24 1,900.00
7131 PERISHABLE SKILLS TRAINING NOV-DEC23/ FEB-APR24 3,898.00 130332 06/26/24 3753 STANISLAUS COUNTY SHERIFF'S
DEPT
7132
JUN 24 SCADA SYSTEM INTEGRATION 9,200.00
Total: 9,200.00
130331 06/26/24 2483 SNS AUTOMATION 6 2024-1
WATER COOLERS FOR SERVICE TRUCK-VALVE TRUCK 538.47
Total: 538.47
130330 06/26/24 3495 SAFE T LITE OF MODESTO INC 398091
825.00
130329 06/26/24 5823 SABLE CAPITAL FWTX, LLC 40573 TEMP SVCS SECRETARY WE 6/23/24 (R.JOHNSON) 1,276.00 Total: 1,276.00
Total: 1,820.00
130328 06/26/24 1004 SOROPTIMIST INTERNATIONAL OF
CERES
71968021 SOROPTIMIST P7414 4/27/24 RFND CC LRG RM 825.00 Total:
229591-01 CUSTODIAL SUPPLIES 50.49
228671 CUSTODIAL SUPPLIES FS 1 248.66
291.39
229591 CUSTODIAL SUPPLIES 636.38
2,578.78
130327 06/26/24 3324 RANDIK PAPER CO. 228868 CAN LINERS/ CUSTODIAL 151.46 229037 CUSTODIAL SUPPLIES 441.62
228673 GLOVES FOR CUSTODIAL
Total: 3,245.98
130326 06/26/24 5639 R & S ERECTION TRI-COUNTY INC 133467 OVERHEAD DOOR REPAIR FS #4 2,578.78 Total:
130325 06/26/24 5041 QUALITY CONTROL SERVICES, INC 74868 JUNE 24 WASTEWATER LAB SCALE 3,245.98 Total: 916.32
7/1/2024 5:36:10 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 1,254,682.94150 Vouchers in this report Total vouchers:

MAY 2024 GARBAGE BILLING FRANCHISE FEE 555,738.08
Total: 555,738.08
130338 06/27/24 1321 BERTOLOTTI CERES DISPOSAL, INC MAY 2024 K.VAUGHN: BUSINESS CARDS 71.53
Total: 71.53
130337 06/26/24 4112 WILLEY PRINTING CO., INC. 150463
(1) FLAT TIRE REPAIR ON BACKHOE 32.44
Total: 32.44
130336 06/26/24 3966 VALLEY TIRE SALES, INC. 106936

14.97 130335 06/26/24 3898 TROY E. SLAYBAUGH 1111 6/1-6/15/24 GRAFFITI ABATEMENT - CODE & PARKS 3,417.00 Total: 3,417.00
Total: 50.00
130334 06/26/24 5358 TROPHY WORKS, INC. 917079 NAME PLATE - FIRE CHIEF WISE 14.97 Total:
130333 06/26/24 5291 T-MOBILE USA, INC 9570290066 CELLPHONE TIMING ADVANCE FOR INVESTIGATION 50.00 7/1/2024 5:36:10 PM
ITEM 4
Check#
130280
Card Holder

ABRAHAM OCHOA JR

AL BURKETT

AMERICO R CASTANEDA

ANDREA MAGDALENO

ANGELICA HERNANDEZ

BRYAN N FERREIRA

CHRISTOPHER PERRY

CRISTINA AGUILAR

CRYSTEL AGUILAR

DIRK NIEUWENHUIS

DYLAN W PALECEK

FALLON MARTIN

HANK UNRUH

JEFFERY GODFREY

JESSICA PULLIAM

JOHN THOMAS

JOHNNY CARRILLO

JONATHAN FREDERICK

JOSE BERBER

JOSEPH CHAVEZ

JOSHUA CASAS

JULIO AMADOR

KEITH GRIEBEL

KENNETH E VAUGHN

KEVIN HALEY

LAUREN MEDINA

MARCY PEDERSON

MARCY PEDERSON

MARK ANDERSON

MATTHEW SCOTT

MATTHEW WILLIAMS

ROBERT HERRINGTON

ROBIN R EVANS

SHAWN W HESS
Date
06/20/2024
VNDR
3917
Vendor Name
U.S. BANK VISA
Invoice
MAY 24
Invoice Description
MAY 2024 VISA
Charge Desc.

RUBBER MATS /FS 2, BLINDS/ FS 2
STAPLER AND STAPLES FOR NO PARKING SIGNS, SMALL TOOLS, TOOLS FOR TRAFFIC CONTROL, R.COSTA: SAFETY BOOTS, STREET SWEEPER WINDOW TINT TOOLS/ FACILITIES, M.TILLEY: SAFTY BOOTS, DESK MAT/ FS 2, LUMBER /STRAWBERRY PK., ANT BAITS/ CCC, PLUMBING CONNECTORS FOR WWTP, PLUMBING CONNECTORS RETURN, PLUMBING/WWTP, HOME SUPPLY WAREHOUSE STORES, PLUMBING/RETURN.

DOOR HANGER PAPER STOCK, TONER CARTRIDGE

OFFICE SUPPLIES, REFRESHMENTS FOR ORAL PANE, RAFFLE PRIZES FOR EE RECOGNITION,

BIKE BRITE MC POLISH
FUEL FOR ANNUAL TRAINING SYMPOSIUM 5/19-22/24
4/22-5/21/24 ZOOM MEMBERSHIP SUBSCRIPTION, PARKING FEE FOR ELECTION TRAINING.

SUPPLIES FOR SENIOR MIS. EVENT, SUPPLIES FOR STAFF TRAINING

PR TEAM CLOUD STORAGE, PR TEAM SOFTWARE ANNUAL CHARGE
OFFICE WATER - (WATER DEPT, PW), 5/1-31/24 GPS TRACKING FOR STREET SWEEPERS & WTR CONSERVATION VEHICLE LUNCH
FOR CM/CEO MONTHLY MEETING, PARKING FEE FOR ELECTION TRAINING, CMC CERTIFICATION FEE, GRAND OPENING RIBBON CUTTING SCISSORS.

CANVAS BUCKET, ORGANIZER, PLIERS, MULIMETER, DIELECTRIC GREASE, ELECTRIC TESTER (SMALL LIFT TRUCK) FOOD FOR OFFICERS DURING OFFICER INVOLVED SHOOTING INCIDENT.

COMMUNITY CENTER SHADOW BOX MATERIALS, STAFF MEETING FOOD, SUPPLIES FOR KIDS IN THE KITCHEN.

MARINEWELD EPOXY-JB WELD CABINET, HOOK AND PICK SET, TOBE POLY 1/4 X 3/8 INJECTOR TOOLS, VINRGAR WHITE, DRY LUBE LOCK- RUSTY TOOLS

SCREWS/PD, GFCI PLUGS / WHITMORE PK, LAMP/ WHITMORE GAZEBO, DUCT TAPE/ FACILITIES, GLOVES/ CUSTODIAL, ELECTRICAL/ WHITMORE PK RDP LICENSES FOR REMOTE ACCESS/DISPATCH SERVER 2016, TRAINING FOR J.BANTA - AZURE SYSTEM ADMINSTRATOR, WIRELESS MOUSE FOR M.BELTRAN WARRANT BUILDER 2024-2025 SUBSCRIPTION, 015 FOOD FOR DETECTIVES J.CHAVEZ PROFESSIONAL DEVELOPMENT
CONSTRUCTION AND MAINTENENCE EXPO REGISTRATION (6)/ WATER TREATMENT TRAINING COURSE. 5/7-9/2024 LODGING CANINE PROGRAM MANAGEMENT COURSE.

K.GRIEBEL: 2ND WK MNGMNT CRSE 4/29-5/2/24, K.GRIEBLE: FUEL FOR CITY VEHICLE WHILE IN SAN DIEGO, 2ND WEEK MANAGEMENT COURSE, K.

GRIEBLE: FUEL FOR CITY VEHICLE WHILE IN SAN DIEGO 3RD WEEK OF MANAGEMENT COURSE SAFETY BOOTS- P.GALVIN, WI-Fl FOR CAMERAS FOR SMYRNA PARK.

MARKING PAINT
LUNCH FOR CACEO MODl TRAIN 05/6-10/24 IN STOCKTON - MEDINA, MARTINEZ & TAYLOR, PARKING FOR CACEO MODl TRAIN 05/6-10/24 IN STOCKTON­

MEDINA, MARTINEZ & TAYLOR
BUSINESS CARDS, PRE-EMPLOYMENT BACKGROUND, FOOD FOR OFFICERS DURING 015 INCIDENT, J.GODFREY: MOU MEMBERSHIP FEES (PROMOTION TO LT)

REFUND FOR CANCELLED TRAINING DUE TO BUDGET FREEZE
(2) MICROSOFT SURFACE COMPUTERS FOR CNT VAN, HARD DRIVE INSTALLATION KIT FOR HI-TECH, (4) MONITORS FOR CNT VAN, (2) SURFACE KEYBOARDS WASHDOWN HOSE, GREASE FITTINGS, SAW BLADES.

ELECTRICAL TOOLS, M.WILLIAMS: KEN'S GREASE INTERCEPTOR TRAIN COURSE, M.WILLIAMS: ONLINE FOG COURSES, BATTERY BACKUP AND BINDERS,

ACROBAT PRO MONTHLY SUB, ELECTRICAL PANEL TOOL, PLC BATTERY TRNG MTRL FOR CPRP CERTIFICATION,5 GAL WATER COOLER FOR ROB TRUCK,FENCE PARTS FOR REPAIR DUE TO VANDALIZEM BBQ INSTALL AT

PERSEPHONE PARK, WASP SPRAY AND WATER COOLER FOR ALL PARKSGALVENIZED COUPLINGS FOR WELLS SCADA, HITCH/RECIEVER & TOWING SAFTEY CABLE, BUILDERS HARDWARE.

REPLACEMENT SCADA MONITORS, REPLACEMENT TORCH AND FITTINGS, ELECTRICAL FITTINGS, WEED ABATEMENT TANK REPAIR PART, S.HESS:

Amount

93.01 766.55
803.60
375.14
343.86
104.70

55.50 44.95
198.57

19.98 405.08
269.48
380.28
122.00
265.19
103.55
645.17
3,125.56
324.95
190.09
1,200.00
236.04
1,581.80
208.07
134.91
299.50
381.59
-725.00
3,921.06
431.38
1,000.51
633.93
139.06
1,124.72
ITEM 4

SHAWN WALKER

SHIRLEY A VENTURA
SONlA LEDEZMA

TONI CORDELL

TRAVIS HUDSON

TRENTON IOHNSON

TRINIDAD VIRAMONTTS
'RVERONICA GONZALEZ
SAFEW BOOTS, J.VIILEGAS: WASTEWATER COURSES, A.WEST: WASIEWATER COURSES.

S,WALKER: CWEA RENEWAL MEMBER FEE
RAFFTE PRIZES AND SUPPLIES FOR EE RECOGNITION, PRINTER INK TO BE RETURNED.

OFFICE CHAIR,

ROOM DEPOSIT FOR CONFRENCE, PROMO ITEMS FOR STREET FAIRE, SUBSCRIPTIONS, TAXI FORM AIRPORT TO HOTEL FOR CONFRENCE, PARKING FEES FOR

AIRPORT PARKING, HOTEL ROOM CHARGE FOR CONFERENCE,

METAL DETECTOR FOR OIS INVESTIGATION, FUEL WHILE IN MANAGEMENI SCHOOL IN SAN DIEGO, EUEL WHILE IN MANAGEMENT SCHOOL IN SAN DIEGO 5/13-17/24 TODGING FOR MANAGEM ENT COU RSE, LPR BATTERIES, DRONE LIGHT KIT,

ARMORY SUPPLIES
BOOT ALLOWANCE ' M.TANDOC, BACKPACK FOR CIry ENGINEERS LAPTOP, KEYBOARD . CITY ENGINEER, CELL PHONE CASES & SCREEN PROTECTORS, MOUSE . CITY ENGINEER, PHONE CASE & SCREEN PROTECIOR

98.00 1,429.79
366.84
632.5s
423.42
1,433.63
513.46
536.53
_]ll9.o8
ITEM 4

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
J
ames Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: July 8, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Chris Perry, Police Chief
[email protected], (209) 538-5743
SUBJECT: Resolution No. 2024-XXX, Approving the Updated Use of the Range Revenue Funds Received from the Rental of the Ceres Police Range
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the updated use of the Range funds received from the rental of the Ceres Police Range.

I. BACKGROUND:

The Ceres Police Department Range is currently used by seven (7) law enforcement organizations and two private companies. In 2009 a revenue fund (10010.004508) was established for the purpose of collecting rental fees for the use of the Range. In 2016, Council approved those funds to be set aside to be used for future Range improvements (see Attachment B).

II. REASONS FOR RECOMMENDATION:

Staff request that the use of the Range funds be updated to include regular operations and maintenance in addition to future Range improvements. This will allow Staff the flexibility to use the rental fees for needed items and maintenance.

III. FISCAL IMPACTS:

There is no fiscal impact to the General Fund or any other fund connected to the Police Department
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
ITEM 5
V. POLICY ALTERNATIVES:

Council could choose to not update the use of the rental fees . Purchases and maintenance costs would need to be paid for using General Fund money.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

There are no steps following approval. This is updating the use of current rental fees.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Resolution 2016-074
ITEM 5
RESOL
UTION NO. 2024-XXX
A

PPROVING THE UPDATED USE OF THE RANGE REVENUE FUNDS RECEIVED

FROM THE RENTAL OF THE CERES POLICE RANGE
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, the Ceres Police Department Range is currently used by seven law enforcement organizations and two private companies; and W
HEREAS, in 2009 a revenue fund (10010.004508) was established for the purpose of collecting rental fees for the use of the Range; and W
HEREAS, in 2016 Council approved the setting aside of the Range revenue to be used for future Range improvements; and
W
HEREAS, updating the use of the Range revenue to include regular operations and maintenance in addition to future Range improvements will allow Staff to use the rental fees for needed items and maintenance.

NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the updated use of the range revenue funds received from the rental of the Ceres Police Range.

PA
SSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of July 2024, by the following vote:

AYE
S: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
______
_______________________________
Javier Lopez, Mayor
A
TTEST:
______
_______________________
Fallon Martin, City Clerk
ITEM 5

ATTACHMENT A
ITEM 5
RESOLUTION NO. 2016-07 4

APPROVING THE SEITING ASIDE OF REVENUE FROM THE RENTAL

OF THE CERES POLICE DEPARTMENT RANGE ON AN ANNUAL
BASIS

THE CITY COUNCIL
City of Ceres
WHEREAS, the Ceres Police Department Range is currently used by seven law enforcement organizations and two private companies; and, WHEREAS, in 2009 a revenue fund (100.4.508.10) was established for the purpose of collecting rental fees for the use of the Range; and, WHEREAS, there is currently $9,540.00 in the revenue fund and no mechanism in place to set aside funds generated by this revenue source for future Range improvements; and
WHEREAS, the setting aside of the revenue will allow for future Range improvements and the Ceres Police Department will be able to provide improved firearms training to the Officers in the organization which reduces liability to the City of Ceres;
NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby approve the setting aside of revenue from the rental of the Ceres Police Department Range on an annual basis and authorizes the Finance Director to make the appropriate accounting entries.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27th day of June, by the following vote:

AYES: Council Members: Dur o s sette, Kline, Mayor Vierra NOES: Council Members: None
ABSENT: Council Members: Lane' Ryno
Chris Vierra, Mayor
Diane Nayares-Perez, City Clerk

ATTACHMENT B
ITEM 5
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: July 8, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford City Manager
CONTACT: Michael R. Beltran II, P.E., Director of Engineering/City Engineer [email protected], (209) 538-5775
SUBJECT:

Resolution No. 2024- XXX, Approving the Construction Contract for the Richland Sanitary Sewer Replacement Project (New Project String) to Rolfe Construction Inc., Authorizing a 10% Contingency, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council to approve the construction contract for the Richland Sanitary Sewer Replacement Project ( New Project String) to Rolfe Construction Inc. , authorizes a 10% Contingency, a budget amendment, and authorizes the City Manager to execute the contract.

I. BACKGROUND:

The pr
oject consists of replacement of approximately 1,850 l inear feet of 18 -inch PVC sewer line, all related piping clean -outs, laterals, and restoration on Richland Ave nue between Giddings Street and Evans Road.

II. REA
SONS FOR RECOMMENDATION:

The City received four bids on June 6 , 202 4. After staff reviewed the bids, Rolfe Construction Inc. was the lowest responsible bidder at $872,250.00. A 10% contingency of $87,225.00 brings the Rolfe Construction Inc. contract allocation to $959,475.00. The bid tabulation with the detailed comparison of the bid results is presented in Attachment C.

III. FISCAL IMPACTS:

Funds
will be transferred from 56795.800500 (2417) to 56795 .800500 ( New Project String) in the amount of $1,034,475.00 to include sufficient funding for the construction contract, contingency, construction support, construction observation, materials testing, and staff time.

ITEM 6

Open Project String: Richland Sanitary Sewer Replacement IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first goal 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.

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.

VI. INTERDEPARTMENTAL COORDINATION:

The Engineering Services Department has coordinated with the Public Works Department, Sewer Division.

VII. PUBLIC PARTICIPATION:

There are no committees, public participation events needed or anticipated for this project.

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 Rolfe Construction, Inc. The contractor will then be issued a notice to proceed, and a pre- construction meeting will be held.

Approved by: ________________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – Bid Results

4. Attachment D – Construction Contract

ITEM 6
RESOLUTION NO. 2024-XXX

APPROVING THE CONSTRUCTION CONTRACT FOR THE RICHLAND

SANITARY SEWER REPLACEMENT PROJECT (NEW PROJECT STRING) TO ROLFE CONSTRUCTION INC., AUTHORIZING A 10% CONTINGENCY,

APPROVING A BUDGET AMENDMENT, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres
WHEREAS, the Richland Sanitary Sewer Replacement Project (New Project String) was included in the C apital Improvement Project list and will be funded by existing account number 56795.800500; and
W HEREAS , proposals for the construction contract for the Richland Sanitary Sewer Replacement Project (New Project String) were due June 6th, 2024; and W HEREAS , the lowest responsive and responsible bid was received from Rolfe Construction Inc. in the amount of $872,250.00, and
WHEREAS, a construction contingency in the amount of 10% or $ 87.225.00 is necessary and appropriate to accommodate any unforeseen costs, bringing the total construction authorization to $959,475.00; and
WHEREAS, a budget transfer from 56795.800500 (2417) in the amount of $1,034,475 is needed to sufficiently fund the construction contract, contingency, construction support, construction observation, materials testing, staff time of said project; and WHEREAS, the remaining project balance will be allocated for construction support, construction observation and materials testing, staff time.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the construction contract for the Richland Sanitary Sewer Replacement Project (New Project String) to Rolfe Construction Inc., authorizes a 10% contingency, approves a budget amendment, and authorizes the 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.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of July 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___
_____________________________
Javier Lopez, Mayor
ATTEST:
___
______________________________
Fallon Martin, City Clerk
ITEM 6

ATTACHMENT A
ITEM 6

ADMINI STRATIVE BUDGET AMENDMENT
TRANSF

ER OF FUNDS

FROM ONE ACCOUNT TO ANOTHER
BA #
DATE: ___________
TO: F
inance Department
FROM:

Trans
fer appropriations from:

Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Total
Trans
fer appropriations to:

Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Total
JUSTIFICATION: This administrative budget transfer
______________________________________
Department Head Date
______________________________________
Finance Director Date
City Manager Date
ITEM 6
ITEM 6
1 Permits, Bonds, Licenses, & Insurance LS 1 $ 42,952.00 $42,952.00 $24,000.00 $24,000.00 $100,000.00 $100,000.00 $49,500.00 $49,500.00 2 Public Convenience and Safety LS 1 $ 15,704.00 $15,704.00 $14,500.00 $14,500.00 $30,000.00 $30,000.00 $98,100.00 $98,100.00 3 Water Pollution Control LS 1 $ 18,954.00 $18,954.00 $14,000.00 $14,000.00 $8,000.00 $8,000.00 $11,878.00 $11,878.00 4 Street Sweeping LS 1 $ 15,704.00 $15,704.00 $27,000.00 $27,000.00 $25,000.00 $25,000.00 $10,000.00 $10,000.00 5 Surveying Services LS 1 $ 27,476.00 $27,476.00 $5,000.00 $5,000.00 $15,000.00 $15,000.00 $14,207.00 $14,207.00 6 Portable Changeable Message Signs LS 1 $ 49,452.00 $49,452.00 $30,795.00 $30,795.00 $28,000.00 $28,000.00 $12,000.00 $12,000.00 7 Bypass pumping / Plug at Manholes LS 1 $ 65,520.00 $65,520.00 $27,250.00 $27,250.00 $65,000.00 $65,000.00 $85,000.00 $85,000.00 8 Remove and Dispose Sanitary Sewer Pipe LS 1,851 $ 12.00 $22,212.00 $10.00 $18,510.00 $30.00 $55,530.00 $65.00 $120,315.00 9 Abandon Sanitary Sewer Main LS 444 $ 63.00 $27,972.00 $54.00 $23,976.00 $68.00 $30,192.00 $45.00 $19,980.00 10 Abandon Sanitary Sewer Manhole LS 1 $ 9,854.00 $9,854.00 $1,800.00 $1,800.00 $3,000.00 $3,000.00 $3,650.00 $3,650.00 11 Remove and Dispose Sanitary Manhole LS 7 $ 557.00 $3,899.00 $1,000.00 $7,000.00 $3,000.00 $21,000.00 $2,500.00 $17,500.00 12 Furnish and Install 6-inch VCP Sewer Main LS 18 $ 363.50 $6,543.00 $180.00 $3,240.00 $162.00 $2,916.00 $415.00 $7,470.00 13 Furnish and Install 8-inch PVC Sewer Main LS 286 $ 118.50 $33,891.00 $144.00 $41,184.00 $162.00 $46,332.00 $176.00 $50,336.00 14 Furnish and Install 18-inch Sanitite HP Sewer Main LS 1,674 $ 116.00 $194,184.00 $176.00 $294,624.00 $173.00 $289,602.00 $210.00 $351,540.00 15 Furnish and Install 18-inch PVC (PS 115) Sewer Main LS 563 $ 156.00 $87,828.00 $220.00 $123,860.00 $200.00 $112,600.00 $250.00 $140,750.00 16 Furnish and Install Sanitary Manhole LS 13 $ 5,059.00 $65,767.00 $8,500.00 $110,500.00 $10,000.00 $130,000.00 $9,600.00 $124,800.00 17 Connect to Existing Sanitary Sewer Manhole LS 3 $ 5,252.00 $15,756.00 $2,600.00 $7,800.00 $4,000.00 $12,000.00 $3,500.00 $10,500.00 18 Connect to Existing Sanitary Sewer Pipe LS 7 $ 2,537.00 $17,759.00 $500.00 $3,500.00 $1,000.00 $7,000.00 $2,950.00 $20,650.00 19 Connect Sanitary Sewer Lateral to Manhole LS 4 $ 2,301.00 $9,204.00 $680.00 $2,720.00 $2,000.00 $8,000.00 $2,850.00 $11,400.00 20 Sanitary Sewer Lateral to Sewer Main (Giddings) LS 3 $ 3,285.00 $9,855.00 $850.00 $2,550.00 $2,000.00 $6,000.00 $3,450.00 $10,350.00 21 Trench Patch LS 20,648 $ 5.50 $113,564.00 $8.00 $165,184.00 $9.00 $185,832.00 $7.10 $146,600.80 22 Pavement Delination Restoration LS 1 $ 18,200.00 $18,200.00 $19,000.00 $19,000.00 $30,000.00 $30,000.00 $15,936.00 $15,936.00 $872,250.00 $967,993.00 $1,211,004.00 $1,332,462.80
NO. ITEM UNIT OF

MEASURE
BASE BID:

ESTIMATED

QUANTITY

HUGHSON, CA

UNIT PRICE
(IN FIGURES)
TOTAL
(IN FIGURES)
TOTAL
(IN FIGURES)

UNIT PRICE
(IN FIGURES)
TOTAL
(IN FIGURES)

UNIT PRICE
(IN FIGURES)

UNIT PRICE
(IN FIGURES)
TOTAL
(IN FIGURES)

OAKDALE, CA MERCED, CAATWATER, CA

RICHLAND SANITARY SEWER REPLACEMENT
(P23-007)

BASE BID TABULATION SHEET
BID DUE: June 6, 2024 at 3:00 PM

UNITED PAVEMENT

MAINTENCEMIDCAL PIPELINEDA WOOD CONSTRUCTION ROLFE CONSTRUCTION 1 of 1
ITEM 6
ITEM 6

1 CITY OF CERES

CONSTRUCTION CONTRACT

RICHLAND SANITARY SEWER REPLACEMENT PROJECT
PROJECT NO. P23-007

1. PARTIES AND DATE.

This Contract is made and entered into this 8th day of July, 2024 by and between the City of Ceres, a public agency and public corporation of the State of California (“City”) and Rolfe Construction, Inc., a corporation with its principal place of business at 3573 Southern Pacific Ave, Atwater CA 95301 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing and building infrastructure and related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is fa miliar with the plans of City. The following license classifications are required for this Project: Class A General Contractor License

2.3 Project. City desires to engage the Contractor to render such services for the RICHLAND SANITARY SEWER REPLACEMENT PROJECT (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications . Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation , as required by the Contract.

3. TERMS

3.1 Incorporation of Documents . This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Federal Requirements (Exhibit “G”)
ITEM 6

2 • Addenda
• Change Orders executed by the City
• Latest Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid

3.2 Contractor’s Basic Obligation; Scope of Work . Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subje ct to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) bus iness days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contract or to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/“Or Equal” . Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or articl e desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Con tract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article.

The burden of proof as to the equality of any material, process or article shall rest with Contractor.

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3 The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, p rocess or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Condi tions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance and Liquidated Damages . Contractor shall perform and complete all Work under this Contract within 30 calendar days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City.

Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contrac tor. Contractor agrees that if such Work is not completed within the Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledge d and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of three thousand and six hundred Dollars ($3,600.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees . Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perf orm the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including an City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship . City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any ITEM 6

4 additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation . City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below - referenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of eight hundred seventy- two thousand two hundred fifty Dollars ($872,250.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay C ontractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which ITEM 6

5 Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Con tract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to dedu ct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as t hey come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title sh all pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. C ontractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage ra tes and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to ITEM 6

6 interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any clai m or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts . When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The pri mary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more tha n eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records . Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Co ntractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public W orks contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works pr oject that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.13 Contractor and Subcontractor Registration . Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract ITEM 6

7 execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specifi ed in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Labor Compliance; Stop Orders . This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’ s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated b y the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Con struction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the di sturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SW PPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It sh all be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other ITEM 6

8 watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non -Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impactin g water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

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9 3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, C ontractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses . Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, an City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving grou nd during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions . As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, n otify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall ITEM 6

10 not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is n ot acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non -binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 e t seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Section may not be filed unless and until the Contractor completes all proc edures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than the date of final payment. The claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermo re, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract ITEM 6

11 for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undispute d. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be r equested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 ITEM 6

12 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed porti on of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation . If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

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13 3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non -binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved afte r all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, wh ichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may ter minate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

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14 3.12.1 Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Con tractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for d efects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations . Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officilas, employees, agents and authorized volunteers . In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connect ion therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance.
(a) Required Coverage At all times commencing no later than commencement of the Work and to remain in effect for the entire term of this Agreement including any extensions of time, Contractor shall, at its expense, obtain and maintain, and shall cause its Subcontractors to obtain and maintain, with insurers of recognized responsibility authorized to do business in the California as admitted carriers having a rating not lower than “A” as rated by A.M. Best Company, Inc. or other independent rating companie s, the following insurance which shall include the minimum coverages and limits set forth below:
(i) Commercial General Liability Insurance Commercial general liability insurance on an “occurrence” basis arising out of claims for bodily injury (including death) and property damage, as will protect the Contractor, which may arise out of or result from the Contractor’s operations under the Agreement and for which the Contractor legally liable, whether such operations are by the Contractor, by a Subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall protect the Contractor and Owner against loss from liability imposed for damages (1) on account of bodily or personal injuries, including death, disease and sickness, accidentally suffered or alleged to have been suffered by any person or persons that may be caused directly or indirectly by the ITEM 6

15 performance of this Agreement, and (2) on account of injury to or destruction of property, including the resultant loss of use of the Project or other Owner facilities or equipment, resulting from acts of commission or omission by the Contractor, or otherwise resulting directly or indirectly from the Contractor’s operations in the performance of this Agreement. This insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld and shall be in amounts not less t han Five Million Dollars ($5,000,000) general aggregate, Two Million Dollars ($2,000,000) personal and advertising injury aggregate, with a per occurrence limit of One Million Dollars ($1,000,000) (total limits required may be satisfied with an excess or u mbrella policy).

The comprehensive or commercial general liability policy shall also include a severability of interest clause and cross liability if the policy has multiple insureds. The aggregate limit shall apply on a “per project” basis. The policy shall stipulate that the insurance afforded the additional insureds shall apply as primary insurance and that any other insurance carried by Owner or other Persons identified in this Agreement will be excess only and will not contribute with this insurance; (ii) Automobile Liability. Automobile liability insurance, for Contractor’s liability arising out of claims for bodily injury and property damage covering all owned (if any), non-owned, leased, hired or borrowed automobiles of Contractor, including loadin g and unloading, with a minimum limit of not less than $1,000,000 per accident for combined bodily injury and property damage and containing appropriate no-fault insurance provisions or other endorsements in accordance with Applicable Law;
(iii) Worker’s Compensation Insurance All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out workers’ compensation insurance with an insurance carrier satisfactory to the Owner for all persons whom they may employ in carrying out the work contemplated under this Agreement in accordance with the Workers’ Compensation Laws of the State of California. If the Contractor employs any engineer, expert, Consultant or Subcontractor which it did not intend to emp loy prior to commencement of services, it must furnish such proof of workers’ compensation insurance to the Owner immediately upon employment. If the Contractor is self -insured, the Contractor shall furnish a Certificate of Permission to Self-Insure and a Certificate of Self-Insurance satisfactory to the Owner. (iv) Employer’s Liability Insurance All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out employer’s liability insurance with an insurance carrier reasonably satisfactory to the Owner. During the cour se of Contractor’s services, if Contractor ever intends to employ additional or different Engineers, experts, Consultants or Subcontractors, before so employing them Contractor shall furnish such reasonably satisfactory proof of insurance to the Owner. If the Contractor is self -insured, the Contractor shall furnish a Certificate of Permission to Self -Insure and a Certificate of Self - Insurance reasonably satisfactory to the Owner.
(v) Errors and Omissions Insurance Errors and omissions insurance on a claims made basis with limits of at least One Million Dollars ($1,000,000) with a deductible or self-insured retention in an amount not to exceed the sum of One Hundred Thousand Dollars ($100,000), and Contractor will maintain such coverage for a period of five (5) years following the Final Completion Date.
(vi) Builder’s All-Risk Following completion of Phase 1 and approval by Owner of the Phase 2 portion of the Scope of Work and prior to commencing Phase 2, Contractor agrees to obtain and maintain Builder’s Risk/Course -of-Construction insurance, issued on a completed value basis on all insurable Work included under the Contract Documents. This insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld.

ITEM 6

16 This insurance shall insure against all risks, including but not limited to the following perils:
vandalism, theft, malicious mischief, fire, sprinkler leakage, civil authority, sonic boom, explosion, collapse, flood, wind, hail, lightning, smoke, riot or civil commotion, debris removal (including demolition) and reasonable compensation for the Owner’s costs and expenses required as a result of such insured loss. This insurance shall provide coverage in an amount not less than the full cost to repair, replace, or reconstruct the Work. Such insurance shall include the Owner, the Owner’s designated representative, and any other person or entity with an insurable interest in the Work as an additional named insured.
(vii) Other Insurance Contractor shall provide all other insurance required to be maintained under Applicable Laws, ordinances, rules, and regulations. Such insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld. (b) Consultants If not covered by Contractor’s coverage, each of Contractor’s Consultants shall carry coverage and limits proportionate to each such Consultant’s scope of work, and Contractor shall include such provisions in its contracts with them. If any policy carried by any of the Consultants offers 50% or less of the limits required of the Contractor hereunder for an analogous policy, the Contractor shall notify the Owner of the proposed coverage to be carried by such Consultant, and the Owner shall have the right in its reasonable discretion to approve or reject the proposed coverage in each such case.
(c) Occupancy Owner may partially or fully occupy and/or use the Project before acceptance of the entire Project by the Owner. All of Contractor’s required insurance must allow such occupancy and/or use without prior consent from insurer. (d) Additional Insured; Primary and Non -Contributory; Waiver of Subrogation The Contractor shall name the Owner and the Owner’s designated representative as additional insureds on Contractor’s commercial general liability (using ISO CG 20 10 and CG 20 37 or exact equivalents), automobile liability, and excess/umbrella policies. The additional insured endorsement(s) included on all such insurance policies shall state that coverage is afforded the additional insured with respect to claims arising out of oper ations performed by or on behalf of the insured. If the additional insureds have other insurance which is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the insurer’s liability shall not be reduced b y the existence of such other insurance. The coverage provided the additional insureds on Contractor’s commercial general liability, automobile liability, and excess/umbrella policies shall apply on a primary and non -contributory basis. The Contractor’s commercial general liability, automobile liability, excess/umbrella, and workers’ compensation/employer’s liability policies shall be endorsed to include a waiver of subrogation in favor of Owner and the Owner’s designated representatives. Any excess/umbr ella policies provided by Contractor shall include a follow form endorsement or schedule of underlying coverage showing that such policies sit in excess of and shall follow the form of the underlying policies set forth herein, which Contractor intends the excess/umbrella policy to supplement. (e) Proof of Carriage of Insurance The Contractor shall not commence Work nor shall it allow any Subcontractor or Consultant to commence Work under this Agreement until all required insurance certificates, additional insured endorsements and declarations p ages have been obtained for the period covered by this Agreement and delivered in duplicate to the Owner for approval, and such approval shall not be unreasonably withheld.

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17 (f) Notice of Cancellation or Non -Renewal The Contractor shall provide or shall obligate its insurance carriers or brokers/representatives to provide for thirty (30) Days written notice to the Owner of cancellation.
(g) Project Schedule Changes At the time of making application for any extension of time pursuant to the Contract Documents, Contractor shall submit evidence that insurance policies will be in effect during the requested additional period of time. (h) Compliance If the Contractor fails to maintain such insurance or fails to cure any defects in coverage required herein within five (5) Days of receiving written notice of the defect(s), the Owner may, but shall not be required to, take out such insuran ce to cover any damages accrued for which the Owner might be held liable on account of the Contractor’s failure to pay such damages, and deduct and retain the amount of the premiums from any sums due the Contractor under this Agreement.
(i) No Limitation of Liability; Subcontractors and Consultant Obligations Nothing contained in this Agreement shall be construed as limiting, in any way, the extent to which the Contractor may be held responsible for the payment of damages resulting from t he Contractor’s operations. Each of Contractor’s Consultants and Subcontractors shall comply with all insurance obligations under this Section, and Contractor shall include such provisions in its contracts with them.

3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at lea st the following minimum levels of coverage:

3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liabi lity Insurance. Policies shall not contain exclusions contrary to this Contract.

3.13.2.2 Minimum Limits of Insurance . Contractor shall maintain limits no less than: (1) General Liability: $5,000,000 per occurrence and $5,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $5,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s ITEM 6

18 Liability: Workers’ compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.

Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.13.3.1 General Liability . (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Wor k or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) th e insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage.

Any insuranc e or self -insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.13.3.4 All Coverages . Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been gi ven to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.

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19 3.13.4 Separation of Insureds; No Special Limitations . All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.

3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and relat ed investigation costs, claims and administrative and defense expenses.

3.13.6 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The Ci ty reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requiremen ts stated herein except as otherwise agreed to by the City in writing.

3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

ITEM 6

20 3.14.3 Bond Provisions . Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminat e the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non -conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contracto r for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defect ive or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

ITEM 6

21 3.16.1 Contractor’s Labor Certification . By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.16.3 Verification of Employment Eligibility . By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Ac t of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his bes t skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site . Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contra ctor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any ITEM 6

22 other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine a ppropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims . This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Busin ess and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

Rolfe Construction Inc.
3573 Southern Pacific Ave
Atwater, CA 95301
209-358-5548
Attn: Dennis Rolfe

CITY:

City of Ceres
2220 Magnolia Street
Ceres, California 95307
Attn: City Engineer
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

ITEM 6

23 3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.17.10 Laws, Venue, and Attorneys’ Fees . This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Merced, State of California.

3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

ITEM 6

24 3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the allege d violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract . Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification . This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project or other projects.

[SIGNATURES ON NEXT PAGE]

ITEM 6

25 Signature Page for CONSTRUCTION CONTRACT
Between the City of Ceres
and Rolfe Construction Inc.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 8th day of July, 2024.

CITY OF CERES Rolfe Construction, Inc.

By: By:

Douglas D. Dunford
City Manager Its:

Printed Name:

ATTEST:

By:

Fallon Martin, City Clerk

ITEM 6
ITEM 6

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
J
ames Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: July 8, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael Beltran II, P.E., Director of Engineering /City Engineer [email protected], (209) 538-5775
SUBJECT:

Resolution No. 2023- XXX, Approving the Construction Contract for Central Avenue Storm Drain Repair to Rolfe Construction Inc., Authorizing a 10% Contingency, and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council to award the construction contract for the Central Avenue Storm Drain Repair Project to Rolfe Construction Inc. , in the amount of $ 91,600.00, plus a 10% contingency of $9,160.00, totaling $ 100,760.00, and authorizing the City Manager to execute the contract.

I. BACKGROUND:

Public Works staff took video footage of the 18- inch storm drainpipe on Central Avenue and discovered a collapsed section of the pipe. There is obstructed flow, blockages, and undermining of roadway infrastructure all occurred. Engineering staff analyzed this impact and found replacing a segment of the 18-inch storm drainpipe was necessary.

II. REASONS FOR RECOMMENDATION:

Staff requested responsive and responsible proposals from four qualified contractors.

Rolfe Construction Inc. provided the lowest rates for time and material.

Staff recognized that emergency repairs are needed to address health and safety concerns, blockages, and ongoing roadway infrastructure deterioration due to undermining. Currently, Rolfe Construction is on stand-by and ready to mobilize.

III. FISCAL IMPACTS:

The project construction was included in the Capital Improvement Project list and will be funded by existing Sewer Enterprise Funds in the account number 56795.800500.

ITEM 7
IV. EXISTING POLICY/RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first goal 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.

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.

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

None Required.

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 Rolfe Construction Inc. The contractor will then be issued a notice to proceed, and a pre- construction meeting will be held.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Bid Results

3. Attachment C – Agreement

ITEM 7
RESOL
UTION NO. 2024-XXX
APPRO

VING THE CONSTRUCTION CONTRACT FOR CENTRAL AVENUE
STORM DRAIN REPAIR PROJECT TO ROLFE CONSTRUCTION INC.,
AUTHORIZING A 10% CONTINGENCY, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONTRACT
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, the Engineering Services Department sent out a bid invitation to four qualified contractors; and
W
HEREAS, the lowest responsive and responsible bid was received from Rolfe Construction Inc., in the amount of $91,600.00; and
W
HEREAS, a construction contingency in the amount of 10% or $9,160.00 is necessary and appropriate to accommodate any unforeseen costs, bringing the total construction authorization to $100,760.00; and
W
HEREAS, the Central Avenue Strom Drain Repair Project was included in the Capital Improvement Project list and will be funded by existing Sewer Enterprise Funds in the account number 56795.800500; and
W
HEREAS, there is sufficient funding to construct said project.

NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the construction contract for the Central Avenue Storm Drain Repair Project to Rolfe Construction Inc., authorizes a 10% contingency, and authorizes the City Manager to execute the contract.

PA
SSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of July 2024, by the following vote:

AYE
S: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
______
__________________________
Javier Lopez, Mayor
ATTEST:
______
________________________
Fallon Martin, City Clerk
ITEM 7

ATTACHMENT A
ITEM 7
1 R&R 18-Inch Storm Drain Pipe LF 240 $ 380.00 $91,200.00 $325.00 $78,000.00 $419.70 $100,728.00 $600.00 $144,000.00 2 Connection to Exist Manholes EA 2 $ 5,000.00 $10,000.00 $2,350.00 $4,700.00 $2,000.00 $4,000.00 $3,800.00 $7,600.00 3 Traffic Control / Public Safety LS 1 $ 5,000.00 $5,000.00 $8,900.00 $8,900.00 $11,300.00 $11,300.00 $3,000.00 $3,000.00 $106,200.00 $91,600.00 $116,028.00 $154,600.00

MID CAL PIPELINE & UTILITIES
INC

MERCED, CA

UNIT PRICE
(IN FIGURES)
TOTAL
(IN FIGURES)
TOTAL
(IN FIGURES)

UNIT PRICE
(IN FIGURES)
TOTAL
(IN FIGURES)

UNIT PRICE
(IN FIGURES)

UNIT PRICE
(IN FIGURES)
TOTAL
(IN FIGURES)NO. ITEM UNIT OF

MEASURE

UNITED PAVEMENT

MAINTENCE INC

ATWATER, CA HUGHSON, CA
Engineer's Estimate ROLFE CONSTRUCTION INC

CENTRAL AVE EMERGENCY STORM DRAIN REPAIR

BASE BID TABULATION SHEET
BID DUE: March 14th 2024 at 2:00 PM
BASE BID:

ESTIMATED

QUANTITY
1 of 1
ITEM 7
ITEM 7

GENERAL SERVICES AGREEMENT BETWEEN
THE CITY OF CERES AND ROLFE CONSTRUCTION, INC.

This agreement for general services (“Agreement”) is entered into on July 8th, 2024 (the “Effective Date”) between the City of Ceres (“City”) and (“Rolf Construction Inc.”). (“Contractor”) (together sometimes referred to as the “Parties”).

Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Contractor agrees to perform all services described in the proposal as Exhibit A dated March 14, 2024, Scope of Work shall remove and replace the failed storm drain pipe located on Central Ave between Poplar St and Magnolia St in case of a conflict in or inconsistency between the terms of this Agreement and Exhibit A & B, this Agreement shall prevail.

1.1 Term of Services. This Agreement shall begin upon signature by all Parties and shall end when Contractor completes the work described in Exhibit A, or no later than one (1) year from the date this Agreement was signed by City, which ever is longer, unless the term of the Agreement is otherwise terminated or modified, as provided for herein.

1.2 Performance Bond. Contractor shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession.

The faithful performance bond Exhibit B shall remain in full force and effect during the period covered by this guaranty, The Contractor shall furnish a performance bond. The bond is to be executed in a sum equal to one hundred percent (100%) of the DO NOT EXCEED price. City Staff will certify that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended, or in the event that is has, that renewed authority has been granted within 10 calendar days of the insurer’s receipt of the certificate shall be required.

1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services in connection with this Agreement.

1.4 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. In the event of termination, Contractor shall be entitled to compensation for services satisfactorily completed as of the date of written notice of termination; City, however, may condition payment of such compensation upon Contractor delivering to City documents and records identified in Section 8.1 of this Agreement.

Section 2. COMPENSATION. City hereby agrees to pay Contractor an amount NOT TO EXCEED ($91,600.00) for all work set forth in Exhibit A, and made a part of this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal regarding the amount of compensation, this Agreement shall prevail.

2.1 Invoices. Contractor shall submit invoices once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.

ITEM 7

General Services Agreement between
CITY OF CERES and ROLFE CONSTRUCTION INC.Page 2 of 10

2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred.

2.3 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

Section 3. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement.

3.1 Workers’ Compensation. If Contractor employs any person, Contractor shall maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident.

3.2 Commercial General and Automobile Liability Insurance. Contractor shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. At the sole option of the City, the City shall be named as an additional insured and insurance shall provide primary coverage with respect to the City.

3.3 All Policies Requirements.

3.3.1 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; (2) certified policy endorsements to the general liability policy adding the City of Ceres as an Additional Insured and declaring such insurance primary in regard to work performed pursuant to this Agreement; or (3) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 4

3.3.2 Notice of Reduction in or Cancellation of Coverage. A certified endorsement must be attached to all insurance obtained in accordance with this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

ITEM 7

General Services Agreement between
CITY OF CERES and ROLFE CONSTRUCTION INC.Page 3 of 10

Section 4. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES.

4.1 Contractor shall to the fullest extent allowed by law, with respect to all services performed in connection with this Agreement, indemnify, defend and hold harmless the City and its officials, officers, employees, agents and volunteers from and against any and all claims that arise out of, pertain to or relate to the negligence, recklessness or willful misconduct of the Contractor. Contractor will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly (“Liabilities”). Such obligations to defend, hold harmless and indemnity the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City.

Section 5. STATUS OF CONTRACTOR.

5.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Section 6. LEGAL REQUIREMENTS.

6.1 Governing Law. The laws of the State of California shall govern this Agreement.

6.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work in connection with this Agreement.

6.3 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

6.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Contractor shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

6.5 Work Requiring Payment of Prevailing Wages. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which these services are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the services under this Agreement.

ITEM 7

General Services Agreement between
CITY OF CERES and ROLFE CONSTRUCTION INC.Page 4 of 10

Section 7. MODIFICATION.

7.1 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

7.2 Assignment and Subcontracting. Contractor may not assign this Agreement or any interest therein without the prior written approval of the City. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City.

7.3 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.

7.4 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

7.4.1 Immediately terminate the Agreement;

7.4.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor in accordance with this Agreement;

7.4.3 Retain a different Contractor to complete the work described in Exhibit A not finished by Contractor; or

7.4.4 Charge Contractor the difference between the costs to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor in accordance with Section 2 if Contractor had completed the work.

Section 8. KEEPING AND STATUS OF RECORDS.

8.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City.

8.2 Contractor’s Books and Records. Contractor shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.

8.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other party (the "Receiving Party"). The Receiving ITEM 7

General Services Agreement between
CITY OF CERES and ROLFE CONSTRUCTION INC.Page 5 of 10

Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Contractor understands that the City is a public entity and is subject to the laws that may compel it to disclose information about Contractor’s business.

Section 9 MISCELLANEOUS PROVISIONS.

9.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

9.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Stanislaus or in the United States District Court for the Eastern District of California.

9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.

9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

9.5 Contract Administration. This Agreement shall be administered by Michael Beltran, PE, who shall act as the City’s representative. All correspondence shall be directed to or through the representative.

9.6 Notices.

Any written notice to Contractor shall be sent to:

Contractor Address:
5373 Southern Pacific Ave
Atwater, CA 95301

Any written notice to the City shall be sent to:

City of Ceres Engineering
2220 Magnolia St
Ceres, CA 95307
ITEM 7

General Services Agreement between
CITY OF CERES and ROLFE CONSTRUCTION INC.Page 6 of 10

9.7 Professional Seal. Where applicable in the determination of the City, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation.

9.8 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. All Exhibits attached hereto are incorporated by reference herein.

9.9 Alternative Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, City and Contractor agree to resolve the dispute in accordance with the following:

Each party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. If dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either party initiating legal action.

This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code Section 900, et. seq.

9.10 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

ITEM 7

General Services Agreement between
CITY OF CERES and ROLFE CONSTRUCTION INC.Page 7 of 10

The Parties have executed this Agreement as of the date signed by the City.

CITY OF CERES CONTRACTOR

____________________________ ______________________________ Douglas D. Dunford , City Manager Rolf Construction Inc.

Approved as to Form:

____________________________
Nubia Goldstein, City Attorney

ATTEST:

_____________________________________
Fallon Martin, City Clerk

ITEM 7

General Services Agreement between
CITY OF CERES and ROLFE CONSTRUCTION INC.Page 8 of 10

EXHIBIT A

SCOPE OF SERVICES

[ATTACH SCOPE OF SERVICES]

ITEM 7

BID ITEM LIST

CENTRAL AVE EMERGENCY STORM DRAIN REPAIR

BASE BID
ITEM
NO. ITEM

UNIT OF

MEASURE

ESTIMATED

QUANTITY

UNIT PRICE
(IN FIGURES)

ITEM TOTAL
(IN FIGURES)
1 R&R 18-inch Storm Drain Pipe 240
2 Connection to Existing Manholes EA 2
3 Traffic Control / Public Safety LS 1

TOTAL BASE BID
NOTE:

The City will award the contract to the lowest, responsive, and responsible bidder based on of "TOTAL BASE BID”. The City reserves the right to award the TOTAL amount of the Contract.

TOTAL BID: __________________
Submitted by Rolfe Construction Inc
3/14/24
ITEM 7

General Services Agreement between
CITY OF CERES and ROLFE CONSTRUCTION INC.Page 9 of 10

EXHIBIT B

PERFORMANCE BOND

[ATTACH PERFORMANCE BOND]

ITEM 7

General Services Agreement between
CITY OF CERES and ROLFE CONSTRUCTION INC.Page 10 of 10

EXHIBIT C

CONSTRUCTION PLANS

[ATTACH CONSTRUCTION PLANS]

ITEM 7

EXHIBIT

CENTRAL AVE EMERGENCY

STORM DRAIN PIPE R&R
Legend
300 ft
N➤➤
N
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: July 8, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael R. Beltran II, P.E., Director of Engineering/City Engineer Michael.Beltran @ci.ceres.ca.us, (209) 538-5775
SUBJECT:

Resolution No. 2024-XXX, Authorizing Project Agreement #3 to the Master Agreement for Professional Consultant Services for Non- Federal Project with Engeo Incorporated for Construction Observation, Materials Testing, and Inspection Services of the Richland Sanitary Sewer Replacement Project, and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council Authorize the Task Order Agreement for Consulting Services between the City of Ceres and Engeo Incorporated, for their professional Geotechnical Services on the Richland Sanitary Sewer Replacement Project and Authorizing the City Manager to Execute the Contract.

I. BACKGROUND:

The E
ngineering Department utilizes consulting engineers when specialized engineering services area are needed for Capital Improvement Projects and development projects in the City. To streamline consultant selection, staff requested a proposal from Engeo Incorporated.

II. REA
SONS FOR RECOMMENDATION:

Cons
truction material engineering and testing are required to ensure successful outcomes on civil improvement projects. This optimizes and enhances the overall performance and longevity of infrastructure. Engeo Incorporated submitted a proposal for material testing and compaction for an amount of $49,153.00, as shown in Attachment B.

ITEM 8
III. FISCAL IMPACTS:

Funds for said service will be transferred from 56795.800500(2417) and be reappropriated to the Richland Sanitary Sewer Replacement Project in account number 56795.800500 (New String) provided by the Finance Department.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first goal 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.

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.

VI. INTERDEPARTMENTAL COORDINATION:

The Engineering Services Department has coordinated with the Public Works Department Sewer Division.

VII. PUBLIC PARTICIPATION:

There are no committees or public participation events needed or anticipate for this project.

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:

Execute the task order to Engeo Incorporated for Geotechnical Services of the Richland Sanitary Sewer Replacement Project.

Approved by: ____________________
Douglas D Dunford,
City Manager

Attachments:

1. Attachment A - Resolution

2. Attachment B - Agreement
ITEM 8
RESOLUTION NO. 2024-XXX
A
PPROVING PROJECT AGREEMENT #3 TO THE MASTER AGREEMENT FOR

PROFESSIONAL CONSULTANT SERVICES FOR NON-FEDERAL PROJECT

WITH ENGEO INCORPORATED FOR CONSTRUCTION OBSERVATION,

MATERIALS TESTING, AND INSPECTION SERVICES OF THE RICHLAND

SANITARY SEWER REPLACEMENT PROJECT, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONTRACT
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, Professional Construction Observation, Materials Testing and Inspection Services are required for proper restoration of the trench and roadway repair associated with the Richland Avenue sanitary sewer replacement project; and W
HEREAS, Engeo Incorporated is currently on the On-Call Consultant List; and W
HEREAS, a review of the proposal from Engeo Incorporated staff concluded that the proposal was suitable for the services needed in amount of $49,153.00; and W
HEREAS, Professional Construction Observation, Materials Testing and Inspection Services for Richland Sanitary Sewer Replacement Project will be funded by account number 56795.800500.

N
OW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve Project Agreement #3 to the Master Agreement for Professional Consultant Services for Non-Federal Project with Engeo Incorporated for construction observation, materials testing, and inspection services of the Richland Sanitary Sewer Replacement Project, and authorizes the City Manager to execute the contract.

P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of July 2024, by the following vote:

AYES:

Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___
_____________________________
Javier Lopez, Mayor
ATTEST:
___
______________________________
Fallon Martin, City Clerk
ITEM 8

ATTACHMENT A
ITEM 8
PROJECT AGREEMENT NO. 3

BETWEEN CITY OF CERES AND
ENGEO INCORPORATED.

Engeo Incorporated – Professional Consultant (2024-25)
PROJECT AGREEMENT No. #3

TO THE MASTER AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES FOR NON-FEDERAL PROJECTS: Geotechnical & Inspection Services Providing: General professional geotechnical and inspection services as expressed in Exhibit A Geotechnical Consultant Services
City of Ceres Engineering Services
Richland Sanitary Sewer Replacement Project
This Project Agreement is made this 8th day of July 2024, by and between the City of Ceres, a municipal corporation, hereinafter referred to as “CITY”, and Engeo Incorporated., a professional consulting firm, hereinafter referred to as “CONSULTANT”.

CITY and CONSULTANT may collectively be referred to as “Parties” or individually as “Party”. There are no other Parties to this Project Agreement.

RECITALS
A. Following a Request for Qualifications ( “RFQ”) process to select qualified professional consulting firms to perform services for the City on an as needed basis for various engineering specialties, the Parties entered into a Master Agreement for Professional Consultant Services for Non-Federal Projects (“Master Agreement”) on February 13th, 2023.

B. City seeks to hire an independent contractor to perform geotechnical consultant services to assist the City with soil inspection services, (the “Service”).

C. Consultant has made a proposal to the City to provide such professional engineering services for the Project. A description of the services Consultant proposes to provide is included in the Scope of Services in Exhibit A (“Services”). City desires to retain Consultant to perform the Services, subject to the terms and conditions set forth in this Agreement , the Master Agreement, and the Amendment.

D. The Parties have outlined the schedule or timeline for providing the Services (“Performance Schedule”), which shall be included in Scope of Services in Exhibit A. The final schedule shall be adjusted for a start date no sooner than the Effective Date of this Agreement.

ITEM 8

PROJECT AGREEMENT NO. 3

BETWEEN CITY OF CERES AND
ENGEO INCORPORATED.

E. The Parties have outlined the rates and method of payment to consultant for its performance of the Services under this Agreement (“ Compensation Schedule ”), which shall be included in the Scope of Services in Exhibit A.

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

Section 1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 14 of this Agreement, Sections 1 through 14 shall prevail.

Section 2. Term. The term of this Agreement shall stay in effect for 12 months from the effective date.

Section 3. Effective Date. This Agreement shall only become effective once all the Parties have executed the Agreement.

Section 4. Incorporation of Master Agreement. The Parties hereby incorporate all terms, conditions, and exhibits contained in the Master Agreement and the Amendment, subject to the limitation that if there are any inconsistencies between the terms of this Agreement and those contained in the Master Agreement and the Amendment, the terms of this Agreement shall prevail.

Section 5. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide City the Services described in Exhibit A & Exhibit B. Any request for Services not included in Exhibit A will be considered a request for additional or modified Services (“Modification” or “ Modifications”). Consultant shall not perform a Modification nor receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.

Section 6. Compensation. City shall pay Consultant according to the rates and timing set forth in the Compensation Schedule. City’s total compensation to Consultant shall not exceed ($49,153.00) (“Maximum Payment”) unless the Parties mutually agree to a Modification in writing otherwise.

Section 7. Notice to Proceed. Consultant shall not commence the performance of the Services until it has been given notice by City in accordance with Section 9 of the Master Agreement (“Notice ITEM 8

PROJECT AGREEMENT NO. 3

BETWEEN CITY OF CERES AND
ENGEO INCORPORATED.

to Proceed”). The Performance Schedule shall be adjusted for a start date no sooner than the Notice to Proceed or execution of this Agreement, whichever comes later.

Section 8. Time of Performance. Consultant warrants that it will commence performance of the Services within thirty (30) calendar days of the Notice to Proceed and shall conform to the Performance Schedule. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.

Section 9. Assurance of Performance. If, at any time, City believes Consultant may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Consultant for written assurances of performance and a plan to correct observed deficiencies in Consultant's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.

Section 10. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profi ts or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.

Section 11. Exhibits. All “Exhibits” referred to below or attached to herein are by this reference incorporated into this Agreement.

Exhibit Designation Exhibit Title
Exhibit A: Richland Sanitary Sewer Replacement Project

Section 12. Notices. Any notice or communication required hereunder between City and Consultant must be in writing, and may be given either personally, by electronic mail (“email”) (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice or communication shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actual receipt of the entire document by the receiving Party’s email server. Notices transmitted by email after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday, shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on ITEM 8

PROJECT AGREEMENT NO. 3

BETWEEN CITY OF CERES AND
ENGEO INCORPORATED.

a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Clerk
Tel: (209) 538-5611
[email protected]

With courtesy copies to: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: Director of Engineering
Tel: (209) 538-5792

and White Brenner LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attention: Nubia I. Goldstein, Esq.

Tel: (916) 468-0950
[email protected]

If to Consultant: Engeo Incorporated
17278 Golden Vally Parkway
Lathrop, California, 95330
Attention: Randy Ludwig
Tel: (925) 570-7771

Section 13. Modification/Termination. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement subject to the requirements set forth in the Master Agreement.

Section 14. General Provisions

14.1. 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.

ITEM 8

PROJECT AGREEMENT NO. 3

BETWEEN CITY OF CERES AND
ENGEO INCORPORATED.

14.2. Assignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement in whole or in part to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.

14.3. 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 the state or federal law in order to enter into the Agreement have 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.

14.4 Drafting and Ambiguities . Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement.

Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.

14.5. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be inva lid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

14.5. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

13.6. Entire Agreement . This Agreement, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.

14.7. Supersedes Prior Agreement . It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations , whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.

ITEM 8

PROJECT AGREEMENT NO. 3

BETWEEN CITY OF CERES AND
ENGEO INCORPORATED.

14.8. Mandatory and Permissive . “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

14.9. Successors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.

14.10. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

14.11. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to Section 24 of this Agreement , including action for declaratory relief, is brought to enforce or interpret provisions 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 ac tion brought for that purpose, in addition to any other relief to which such Party may be entitled.

14.12. 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.

14.13. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.

[SIGNATURES ON FOLLOWING PAGE.]

ITEM 8

PROJECT AGREEMENT NO. 3

BETWEEN CITY OF CERES AND
ENGEO INCORPORATED.

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

Dated: ______________________, 2024

Dated: ______________________, 2024

CITY OF CERES, a municipal corporation

By_______________________________
Signature

Douglas D Dunford, City Manager
Name and Title

CONSULTANT

By_______________________________
Signature

Steve Harris, Principal
Name and Title

APPROVED AS TO FORM

__________________________________
Nubia I. Goldstein, City Attorney

ITEM 8

2010 Crow Canyon Place, Suite 250
San Ramon, CA 94583-4634
(925) 866-9000 | FAX (888) 279-2698

REQUEST FOR PROJECT AGREEMENT

TO: Mr. Wing Chang
City of Ceres
Community Development Department, Engineering Department 2220 Magnolia Street
Ceres, CA 95307

DATE: June 19, 2024
Revised June 20, 2024 ENGEO Project No.: P16463.000.015 Phase: 001
ENGEO Contact: Randy Ludwig

PROJECT NAME: Richland Avenue Sewer Replacement Project

ORIGINAL CONTRACT NO.: Master Agreement for Professional Consultant Services ORIGINAL CONTRACT DATE: February 13, 2023

Additional Scope of Services: Provide on-call, as-needed field and laboratory construction testing and observation services during sanitary sewer backfill and trench pavement resurfacing. For this scope, we estimate approximately 200 field service hours. We will provide project support, project administration, and prepare a summary of our services at project completion in accordance with the attached Fee Estimate.

Estimated Fees: On a time-and-expense basis estimated at $49,153.

ENGEO's liability for damage due to professional negligence, acts, errors, omissions, breach of contract and consequential damages will be limited by Client to an amount not to exceed an aggregate limit of two hundred thousand dollars or ENGEO’s fee, whichever is greater, regardless of the legal theory under which such liability is imposed.

If you are in agreement with the scope of services and fees outlined in this request, please forward a project agreement to the above-referenced original contract as authorization for us to proceed. All other terms and conditions of the original contract shall remain in effect.

ENGEO INCORPORATED

BY:

PRINTED NAME: Steve Harris

TITLE: Principal

DATE: June 20, 2024

rl/sdh/ca

Attachment: REVISED Fee Estimate

ITEM 8
Project Name: Richland Avenue Sewer Replacement Project

FIELD TESTING SERVICES
Item No. Item Description Total Hours
Rate per
Hour Subtotal
1 Regular Time Materials Testing (Sr. Field Rep 1) 200 150.00$ 30,000.00$ 2 Prevailing Wage 200 18.00$ 3,600.00$
3 Construction Services Manager During Construction 8 223.00$ 1,784.00$ Sub Total 35,384.00$

LAB TESTING SERVICES
Item No. Item Description (Soil/Aggregate Base/HMA/Concrete) Est. Qty Unit Cost Subtotal 4 Maximum Density (ASTM 1557) - Native/AB 4 370.00$ 1,480.00$ 5 CT 304/308 Maximum Wet Density 2 630.00$ 1,260.00$ Sub Total 2,740.00$

PROJECT SUPPORT, CONSULTATION, REIMBURSABLES, AND PROJECT ADMINISTRATION AND REPORTING Item No. Item Description
Total
Hours/Units
Rate per
Hour/Unit Subtotal
6 Sr. Project Manager 6 250.00 $ 1,500.00$
7 Principal Engineer 2 350.00 $ 700.00$
8 Project Assistant 3 140.00 $ 420.00$
9 Vehicle/Nuclear Guage/Communication Equipment 200 33.00 $ 6,600.00$ 10 Mileage 2700 0.670 $ 1,809.00$
Sub Total 11,029.00$
Total 49,153.00$
Client: City of Ceres
Project No.: P16463.000.015
Richland Avenue Sewer Replacement Project
Fee Estimate (REVISED)

ITEM 8
ITEM 8

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
Jame
s Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: July 8, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Shannon Esenwein, Finance Director
[email protected], (209) 538-5764
SUBJECT:

Resolution No. 2024- XXX, Approving a Contract Extension with JJACPA, Inc. to Perform the Annual Audit of the City of Ceres and its Component Units for Fiscal Year Ending June 30, 2023 and June 30, 2024
RECOMMENDED COUNCIL ACTION:

Staff
recommends the City Council approve to extend the contract with JJACPA to perform the annual audit of the City of Ceres and its component units for Fiscal Years ending June 30, 2023 and June 30, 2024.

I. BACKGROUND:

JJACPA, Inc was selected to perform the annual audit of the City and its component units in June of 2011 and has been performing the audit since that time.

II. REASONS FOR RECOMMENDATION:

With the conversion to Munis in August of 2023 and the change in leadership throughout the organization, staff believes maintaining consistency in the audit process will lead to a more complete, accurate and timely audit of the City’s financial records.

III. FISCAL IMPACTS:

The cost of the audit services for the City of Ceres and its component units is $48,000 per year. This item is included in the approved budget.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
ITEM 9
V. POLICY ALTERNATIVES:

Direct staff to seek alternative options.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The auditing firm will be engaged for the Fiscal Year 2022/2023 and 2023/2024 annual audit.

Approv
ed by: ___________________
Douglas D. Dunford,
City Manager
Att
achments:

1. Attachment A – Resolution

2. Attachment B – Dollar Cost Bid

3. Attachment C – Engagement Letter
ITEM 9
RESOL
UTION NO. 2024-XXX

APPROVI
NG A CONTRACT EXTENSION WITH JJACPA, INC. TO

PERFORM THE ANNUAL AUDIT OF THE CITY OF CERES AND ITS
COMPONENT UNITS FOR FISCAL YEAR ENDING JUNE 30, 2023 AND JUNE 30, 2024
THE CI

TY COUNCIL
City of Ceres
WHEREAS, the
City of Ceres desires to extend the agreement with JJACPA, Inc. to perform the annual financial audit of the City and its component units for fiscal year ending June 30, 2023 and June 30, 2024; and
WHEREAS, the
services to be rendered in performing said financial audit of the City financial statements are of a type and complexity requiring services of a professional and technical character and are of a temporary nature; and

WHEREAS,
JJACPA, Inc. are licensed Certified Public Accountants and have performed this service for the City for fiscal years 2011 through 2022 with integrity and diligence; and
WHEREAS, the
staff recommends that the agreement be approved by the City Council; and
WHEREAS, the
City Council has reviewed the terms and conditions of said agreement and finds the approval of the agreement to be in the best interest of the citizens of Ceres.

NOW, T
HEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a contract extension with JJACPA, Inc. to perform the annual audit of the City of Ceres and its Component Units for fiscal year ending June 30, 2023 and June 30, 2024.

PASSED A
ND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of July 2024, by the following vote:

AYES: Counc
ilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_______________
__________________
Fallon Martin, City Clerk
ITEM 9

ATTACHMENT A
ITEM 9
2023 2024
S
tandard Quoted Total Total
Hours Hourly Rates Hourly Rates Cost Cost
Principal 20 300$ 250$ 5,000$ 5,000$ Manager 60 250$ 200$ 12,000 12,000 Supervisory Staff 80 200$ 150$ 12,000 12,000 Professional Staff 80 150$ 100$ 8,000 8,000$ Total for audit services* 240 37,000 37,000
Single Audit 40 9,000 9,000
Gann Limit Report 6 included - -
Total all-inclusive maximum price for this audit 286 46,000 46,000 Out of Pocket Costs 2,000 2,000
Total all-inclusive maximum price 48,000$ 48,000$ * Includes TDA and Measure H at $2,750 and $2,500, respectively City of Ceres
Dollar Cost Bid

SCHEDULE OF PROFESSIONAL FEES AND EXPENSES - TOTAL HOURS BY POSITION FOR THE AUDIT OF THE FISCAL YEAR 2023 & 2024 FINANCIAL STATEMENTS

ATTACHMENT B
ITEM 9
ITEM 9
7080 Donlon Way, Suite 204, Dublin, CA 94568 ● phone (925) 556-6200 ● fax: (707) 232-6226 1102 South Main Street, Suite 1, Fort Bragg, CA 95437 ● phone (707) 964-6325 www.jjacpa.com
June 18, 202
4 Shannon Esenwein, CPA
Finance Director
City of Ceres,
2220 Magnolia Street
Ceres, CA 95307
Dear Shannon:

You have requested that we audit the financial statements of the governmental activities, the business-type activities, each major fund, the aggregate remaining fund information, and the budgetary comparison information of City of Ceres (City), as of June 30, 2023 and the related notes to the financial statements, which collectively comprise the City’s basic financial statements as listed in the table of contents. In addition, we will audit the entity’s compliance over major federal award programs for the period ending June 30, 2023. We are pleased to confirm our acceptance and our understanding of this audit engagement by means of this letter. Our audits will be conducted with the objectives of our expressing an opinion on each opinion unit an d an opinion on compliance regarding the entity’s major federal award programs.

Accounting principles generally accepted in the United States of America require that the management’s discussion and analysis be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic fin ancial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the required supplementary information (RSI) in accordance with auditing sta ndards generally accepted in the United States of America. These limited procedures will consist primarily of inq uiries of management regarding their methods of measurement and presentation, and comparing the information for consistency with management’s responses to our inquiries. We will not express an opinion or provide any form of assurance on the RSI. The following RSI is required by accounting principles generally accepted in the United State s of America. This RSI will be subjected to certain limited procedures but will not be audited:
 Management’s Discussion and Analysis
 Schedule of Contributions
 Schedule of the City’s Share of the Net Pension Liability Supplementary information other th an RSI will accompany the Cit y’s basic financial statements. We will subject the following supplementary information to the auditing procedu res applied in our audit of the basic financial statements and certain additional procedures, including compari ng and reconciling the supplementary information to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and additional procedures in accordance with auditing standards generally accepted in the United States of America. We intend to provide an opinion on the following supplementary information in relation to the financial statements as a whole:
 Combining and individual nonmajor fund financial statements.

ATTACHMENT C
ITEM 9
Schedule of Expenditures of Federal Awards

We will subject the schedule of expenditures of federal awards to the auditing procedures applied in our audit of the basic financial statements and certain additional procedures, including comparing and reconciling the schedule to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and additional procedures in accordance with auditing standards generally accepted in the United States of America. We intend to provide an opinion on whether the schedule of expenditures of federal awards is presented fairly in all material respects in relation to the financial statements as a whole.

Also, the document we submit to you will include the following other additional information that will not be subjected to the auditing procedures applied in our audit of the financial statements:

 Introductory Section

Data Collection Form

Prior to the completion of our engagement, we will complete the sections of the Data Collection Form that are our responsibility. The form will summarize our audit findings, amo unts and conclusions. It is management’s responsibility to submit a reporting package including financia l statements, schedule of expenditure of federal awards, summary schedule of prior audit findings and corrective action plan along with the Data Collection Form to the federal audit clearinghouse. The financial reporting pac kage must be text searchable, unencrypted, and unlocked. Otherwise, the reporting package will not be accepted by the federal audit clearinghouse. We will assist you in the electronic submission and certification. You may request from us copies of our report for you to include with the reporting package submitted to pass-through entities.

The Data Collection Form is required to be submitted within the earlier of 30 days after receipt of our auditors’ reports or nine months after the end of the audit period, unles s specifically waived by a federal cognizant or oversight agency for audits. Data Collection Forms submitted untimely are one of the factors in assessing programs at a higher risk.

Audit of the Financial Statements

We will conduct our audit in accordance with auditing standards generally accepted in the United States of America (U.S. GAAS), the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States of America; the au dit requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements are free from material mi sstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures sel ected depend on the auditor’s judgment, including the assessment of the risks of m aterial misstatement of the fin ancial statements, whether due to error, fraudulent financial reporting, m isappropriation of assets, or violations of laws, governmental regulations, grant agreements, or contractual agreements. An audit also includes e valuating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements.

Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some mater ial misstatements or noncompliance may not be detected exists, even though the audit is properly planned and performed in accordance with U.S. GAAS and Government Auditing Standards of the Comptroller General of t he United States of America.

In making our risk assessments, we consider internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not ITEM 9
for the purpose of expressing an opinion on the effectiveness o f the entity’s internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit.

We will issue a written report upon completion of our audit of the City’s basic financial statements. Our report will be addressed to the governing body of the City. We cannot provi de assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions, add an emphasis-of- matter or other-matter paragraph(s), or withdraw from the engagement.

In accordance with the requirements of Government Auditing Standards , we will also issue a written report describing the scope of our tes ting over internal control over financial reporting and over compliance with laws, regulations, and provisions of grants and contracts, including the results of that testing. However, providing an opinion on internal control and compliance over financial repor ting will not be an objective of the audit and, therefore, no such opinion will be expressed.

Audit of Major Program Compliance

Our audit of the City’s major federal award program(s) complian ce will be conducted in accordance with the requirements of the Single A udit Act, as amended; and the U niform Guidance, and will include tests of accounting records, a determina tion of major programs in accord ance with the Uniform Guidance and other procedures we consider necessary to enable us to express such a n opinion on major fede ral award program compliance and to render the required reports. We cannot provide assurance that an unmodified opinion on compliance will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or withdraw from the engagement.

The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the entity has complied with applicable laws and regula tions and the provisions of contracts and grant agreements applicable to major federal award programs. Our procedures will consist of determining major federal programs and performing the app licable procedures described in the U.S. Office of M anagement and Budget OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the entity’s major programs. The purpose of those procedures will be to express an opinion on the entity’s compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance.

Also, as required by the Uniform Guidance, we will perform test s of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecti ng material noncompliance with compliance requirements applicable to each of the entity’s major federal award programs. However, our tests will be less in scope than would be necessary to render an opin ion on these controls and, accordingly, no opinion will be expressed in our report.

We will issue a report on compliance that will include an opini on or disclaimer of opinion regarding the entity’s major federal award programs, and a report on internal controls over compliance that will report any significant deficiencies and material weakness es identified; however, such report will not express an opinion on internal control.

Management’s Responsibilities

Our audit will be conducted on the basis that management acknowledge and understand that they have responsibility:

1. For the preparation and fair presentation of the financial stat ements in accordance with accounting principles generally accepted in the United States of America;

2. For the design, implementation, and maintenance of internal con trol relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to error
ITEM 9
fraudulent financial reporting, misappropriation of assets, or violations of laws, governmental regulations, grant agreements, or contractual agreements;

3. For safeguarding assets;

4. For identifying all federal awards expended during the period i ncluding those received prior to December 26, 2014, and those received in accordance with 2CFR200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards generally received after December 26, 2014;

5. For preparing the schedule of expenses of federal awards (including notes and noncash assistance received) in accordance with Uniform Guidance requirements;

6. For the design, implementation, and maintenance of internal control over compliance;

7. For identifying and ensuring that the entity complies with laws, regulations, grants, and contracts applicable to its activities and its federal award programs;

8. For following up and taking corrective action on reported audit findings from prior periods and preparing a summary schedule of prior audit findings;

9. For following up and taking corrective action on current year a udit findings and preparing a corrective action plan for such findings;

10. For submitting the reporting package and data collection form to the appropriate parties;

11. For making the auditor aware of any significant vendor relation ships where the vendor is responsible for program compliance;

12. To provide us with:
a. Access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements, and relevant to feder al award programs, such as records, documentation, and other matters;
b. Additional information that we may request from management for the purpose of the audit; and c. Unrestricted access to persons within the entity from whom we d etermine it necessary to obtain audit evidence.

13. For adjusting the financial statements to correct material miss tatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the current year perio d(s) under audit are immaterial, both individually and in the aggregate, to the financial statements as a whole; and

14. For confirming your understanding of your responsibilities as d efined in this letter to us in your management representation letter.

With regard to the supplementary information referred to above, you acknowledge and understand your responsibility (a) for the prepa ration of the supplementary inf ormation in accordance with the applicable criteria, (b) to provide us with the appropriate written representations regarding supplementary information, (c) to include our report on the supplementary information in any document that contains the supplementary information and that indicates that we have reported on such supplementary informati on, and (d) to present the supplementary information with the audited fina ncial statements, or if the su pplementary information will not be presented with the audited financial statements, to
make the audited financial statements readily available to the intended users of the supplementary information no later than the date of issuanc e by you of the supplementary information and our report thereon.

As part of our audit process, we will request from management, written confirmation concerning representations made to us in connection with the audit.

We understand that your employees will prepare all confirmation s we request and will locate any documents or invoices selected by us for testing.

If you intend to publish or otherwise reproduce the financial s tatements and make reference to our firm, you agree to provide us with printers’ proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed.

ITEM 9
Fees and Timing

The timing of our audit will be scheduled for performance and completion as follows:

Begin Complete
Document internal control and preliminary tests 7/22/24 7/26/24 Mail confirmations 7/22/24 7/26/24
Delivery of Trial Balance 7/22/24 7/22/24
Perform year-end audit procedures 7/29/24 8/2/24
Issue audit reports 8/30/24 8/30/24

Joseph J. Arch, CPA, is the engagement partner for the audit se rvices specified in this letter. His responsibilities include supervising JJACPA’s services performed as part of this engagement and signing or authorizing another qualified firm representative to sign the audit report.

Our fees are based on the amount of time required at various le vels of responsibility, plus actual out-of-pocket expenses. Invoices will be rendered every two weeks and are payable upon presentation. We estimate that our fee for the audit will be $48,000. We will notify you immediately of any circumstances we encounter that could significantly affect this initial fee estimate. Whenever possible, we will attempt to use the City’s personnel to assist in the preparation of schedules and analyses of accounts. This effort could substantially reduce our time requirements and facilitate the timely conclusion of the audit.

We will provide the City with the following nonattest services:
 Prepare the annual financial statements based on information in the trial balance and other relevant information that is provided by, and is the responsibility of, management.

With respect to any nonattest services we perform, the City’s m anagement is responsible for (a) making all management decisions and performing all management functions; (b) assigning a competent individual to oversee the services; (c) evaluating the adequacy of the services perfo rmed; (d) evaluating and accepting responsibility for the results of the services performed; and (e) establishing and maintaining internal controls, including monitoring ongoing activities.

Government Auditing Standards require that we document an asses sment of the skills, knowledge, and experience of management, should we participate in any form of preparation of the basic financial statements and related schedules or disclosures as these actions are deemed a non-audit service.

This agreement shall be governed by the laws of the State of Ca lifornia. If a dispute arises out of the audit engagement described herein and if the dispute cannot be settle d through negotiations, the parties agree first to try in good faith to settle the dispute by mediation using an agreed upon mediator. If the parties are unable to agree on a mediator, the parties shall petition the state court that would have jurisdiction over this matter and request the appointment of a mediator, and such appointment shall be binding on the parties. Each party shall be responsible for its own mediation expenses and shall share equally in the mediator's fees and expenses.

Other Matters

During the course of the engagement, we may communicate with you or your personnel via fax or e-mail, and you should be aware that communication in those mediums contains a risk of misdirected or intercepted communications.

The audit documentation for this engagement is the property of JJACPA and constitutes confidential information.

However, we may be requested to make certain audit documentation available to state and federal agencies and the U.S. Government Accountability Office pursuant to authority given to it by law or regulation, or to peer reviewers.

If requested, access to such audit documentation will be provid ed under the supervision of JJACPA’s personnel.

ITEM 9
Furthermore, upon request, we may provide copies of selected audit documentation to these agencies and regulators.

The regulators and agencies may intend, or decide, to distribute the copies of information contained therein to others, including other governmental agencies. We agree to reta in our audit documentation or work papers for a period of at least seven years from the date of our report.

Further, we will be available during the year to consult with you on financial manageme nt and accounting matters of a routine nature.

During the course of the audit, we may observe opportunities fo r economy in, or improved controls over, your operations. We will bring such matters to the attention of the appropriate level of management, either orally or in writing.

At the conclusion of our audit engagement, we will communicate to the City Council the following significant findings from the audit:

 Our view about the qualitative aspects of the entity’s significant accounting practices;  Significant difficulties, if any, encountered during the audit;  Uncorrected misstatements, other than those we believe are trivial, if any;  Disagreements with management, if any;
 Other findings or issues, if any, arising from the audit that are, in our professional judgment, significant and relevant to those charged with governance regarding their oversight of the financial reporting process;  Material, corrected misstatements that were brought to the attention of management as a result of our audit procedures;
 Representations we requested from management;
 Management’s consultations with other accountants, if any; and  Significant issues, if any, arising from the audit that were discussed, or the subject of correspondence, with management.

In accordance with the requirements of Government Auditing Standards , we have attached a copy of our latest external peer review report of our firm for your consideration and files.

Please sign and return the attached copy of this letter to indicate your acknowledgment of, and agreement with, the arrangements for our audit of the financial statements compliance over major federal award programs including our respective responsibilities.

We appreciate the opportunity to be your financial statement auditors and look forward to working with you and your staff.

Respectfully,

]ÉáxÑ{ ] TÜv{? VcT
JJACPA, Inc.
7080 Donlon Way, Suite #204
Dublin, CA 94566

ITEM 9

***************************************************************

RESPONSE:

This letter correctly sets forth our understanding.

City of Ceres

Acknowledged and agreed on behalf of the City of Ceres by:

Name: ______________________________________________

Title: _____________________________________________

S i g n a t u r e :

Date: ___________________________

ITEM 9

9250  EAST  COSTILLA  AVENUE , SUITE  450
GREENWOOD  VILLAGE , COLORADO  80112
303‐792‐3020  (O) | 303‐792‐5153  (F)
WWW .WCRCPA .COM

R
EPORT ON THE FIRM’S SYSTEM OF QUALITY CONTROL

February 15, 2023

To the Shareholder of JJACPA, Inc.
and the Peer Review Committee of the California Society of CPAs

We have reviewed the system of quality control for the accounti ng and auditing practice of JJACPA, Inc. (the firm) in effect for the year ended September 30, 2022. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants (Standards).

A summary of the nature, objectives, scope, limitations of, and the procedures performed in a System Review as described in the Standards may be found at www.aicpa.org/prsummary.

The summary also includes an explanation of how engagements identified as not performed or reported in conformity with applicable professional standard s, if any, are evaluated by a peer reviewer to determine a peer review rating.

Firm’s Responsibility
The firm is responsible for designing and complying with a syst em of quality control to provide the firm with reasonable assurance of performing and reporting in conformity with the requirements of applicable professional standards in all materi al respects. The firm is also responsible for evaluating actions to promptly remediate engage ments deemed as not performed or reported on in conformity with the requirements of applicabl e professional standards, when appropriate, and for remediating weaknesses in its system of quality control, if any.

Peer Reviewer’s Responsibility

Our responsibility is to express an opinion on the design of the system of quality control and the firm’s compliance therewith based on our review.

Required Selections and Considerations

Engagements selected for review included engagements performed under Government Auditing Standards, including a compliance audit under the Single Audit Act.

ITEM 9

2 As a part of our peer review, we considered reviews by regulatory entities as communicated by the firm, if applicable, in determining the nature and extent of our procedures.

Opinion

In our opinion, the system of quality control for the accounting and auditing practice of JJACPA, Inc. in effect for the year ended September 30, 2022 has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. JJACPA, Inc. has received a peer review rating of pass.
w
Watson Coon Ryan, LLC

ITEM 9

COUNCIL AGENDA REPORTCITY COUNCILJavier Lopez, Mayor James Casey, Dist.1 Rosalinda L. Vierra, Dist. 2 Bret Silveira, Dist. 3 Daniel A. Martinez, Dist. 4 MEETING DATE: July 8, 2024 TO: Mayor and City Council FROM: Douglas D. Dunford, City Manager CONTACT: Chris Perry, Police [email protected], (209) 538-5725 SUBJECT: Resolution No. 2024-XXX, Approving a Budget Amendment to Allocate Funds from the Board of State and Community Corrections Officer Wellness and Mental Health Grant Allocation Fund for the Purchase of an Infrared Sauna, ColdTub and Accessories for Officer Wellness RECOMMENDED COUNCIL ACTION: Staff recommends the City Council approve a budget amendment to allocate funds from the Board of State and Community Corrections Officer Wellness and Mental Health Grant Allocation Fund for the purchase of an Infrared Sauna, ColdTub and Accessories for Officer Wellness. I. BACKGROUND:On December 21, 2022, the Board of State and Community Corrections sent amemorandum to all eligible law enforcement agencies in the State of California regardingthe disbursements of the Officer Wellness and Mental Health grant. These disbursementswere made in accordance with AB 178, Chapter 45, Statutes of 2022, Item 5227-121-0001 and were available to all city and county law enforcement agencies employingofficers as described in Section 830.1 of the Penal Code.The Officer Wellness grant is for the purpose of improving officer wellness and expandingmental health sources. There was no grant application process that Staff was required tocomplete to receive this grant. On March 13, 2023, Council approved the acceptance ofthese funds with Resolution 2023-26.II. REASONS FOR RECOMMENDATION:Since being awarded this Grant money, Staff has been analyzing and setting goals toimprove and expand our Officer wellness and mental health.

ITEM 10
Staff has used the Grant money for the following Officer Wellness projects: Creation of a Quiet Room on the 2ndfloor of the Police Building. o Massage Chairs o Couch, pillows and blanket throw o Table and chairs o Partitions Gym Equipment and Gym improvements. o Stairmaster o Treadmill o New mirrors Peer Support Training o Tuition for two. oHotel and Per diem for two. As of June 30, 2024, there remains $19,433.42 of unspent money from the Officer Wellness Grant. Staff is requesting the remaining amount be allocated for the purchase of an Infrared Sauna, ColdTub and the necessary accessories for this equipment. Infrared Saunas have been proven to improve heart health, soothe sore muscles after physical activity, aid in the treatment of chronic pain, decrease depression, anxiety and stress, promote better sleep and help fight off illness, such as the common cold. ColdTub therapy has been proven to have a positive effect on recovery after exercise by reducing inflammation, muscle damage and soreness. It also helps build resiliency, restore balance to the nervous system and improve cognitive function and mood. Staff believes that the addition of these two pieces of equipment will help promote Officer Wellness, not only physically, but emotionally and mentally. III. FISCAL IMPACTS:There are no additional fiscal impacts for FY 2024-25. Future impacts include the cost for the chemicals for the ColdTub. It is estimated that Staff will need to budget $350.00 per year for the purchase of two (2) chemical kits. The Grant money was received in 2023 from the State of California. Staff is asking for appropriations to allow for the purchases. The cost break-down for the purchases requested by Staff is: Infrared Sauna (including taxes and delivery): $ 6,267.20 ColdTub (including taxes and delivery): $11,815.00 Accessories (including taxes and delivery): $ 1,351.22 Total Purchase Cost $19,433.42 Balance of unused Grant Funds $ 0.00 Two additional price comparisons were obtained for the Infrared Sauna and the ColdTub. (Reference Attachments F and G). ITEM 10 Based on the price comparisons obtained versus the quotes we received from KW Recovery Lab, KW Recovery Lab is the most cost-effective price.IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:N/AV. POLICY ALTERNATIVES:Council could choose to not approve these purchases. If not approved, the funds will remain in the Balance Sheet Account to be spent no later than October 31, 2025.VI. INTERDEPARTMENTAL COORDINATION: N/A VII. PUBLIC PARTICIPATION: N/AVIII. ENVIRONMENTAL REVIEW: N/AIX. STEPS FOLLOWING APPROVAL:Following Council approval, Finance will appropriate the funds. Staff will make the purchases.Approved by: _____________________Douglas D. Dunford, City ManagerAttachments:1. Attachment A – Resolution2. Attachment B – Budget Amendment3. Attachment C – Infrared Sauna Quote from KW Recovery Lab4. Attachment D – ColdTub Quote from KW Recovery Lab5. Attachment E – Sauna and ColdTub Accessories Cost List6. Attachment F – Comparative Quotes Sauna (2)7. Attachment G – Comparative Quotes for ColdTub (2)ITEM 10 ITEM 10
RESOLUTION NO. 2024-XXX

APPROVING A BUDGET AMENDMENT TO ALLOCATE FUNDS FROM

THE BOARD OF STATE AND COMMUNITY CORRECTIONS OFFICER

WELLNESS AND MENTAL HEALTH GRANT ALLOCATION FUND FOR

THE PURCHASE OF AN INFRARED SAUNA, COLDTUB AND

ACCESSORIES FOR OFFICER WELLNESS

THE CITY COUNCIL
City of Ceres
WHEREAS, the State and Community Corrections Officer Wellness and Mental Health Grant was been awarded to the Ceres Police Department for the purpose of improving officer wellness and expanding mental health sources; and WHEREAS, there is currently $19,433.42 in unspent funds and the current expenditures total $19,433.42; and
WHEREAS, there is no fiscal impact to the City of Ceres for these purchases.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a budget amendment to allocate funds from the Board of State and Community Corrections Officer Wellness and Mental Health Grant Allocation Fund for the purchase of an Infrared Sauna, ColdTub and accessories for Officer Wellness.

BE IT FURTHER RESOLVED that the Fiscal Year 2024-25 Budget Amendment, as set forth in Attachment B is attached hereto and incorporated herein by reference, and the Director of Finance is hereby authorized and directed to record the appropriate account entries.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on this 8
th day of July 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
______________________________
Fallon Martin, City Clerk
ITEM 10

ATTACHMENT A
ITEM 10
Budget Amendment No. Fiscal Year Reference Resolution No . , dated authorizing appropriations for as follows: Appropriations: Fund Name Org. ObjectProject (if appl.)Appropriation AmountRequested Appropriation Current Appropriation Total Appropriation Estimated Revenues: Fund Name Org.ObjectProject (if appl.) Appropriation AmountEstimated Revenue Current Estimated Revenue Total Estimated Revenue Fiscal Impact:ITEM 10 ITEM 10
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Sauna & ColdTub Accessories - Wellness GrantItemQuantitySourcePriceNotesFilter 1 Dealer $32.95 Can be rinsed and reused.Starter Kit Chemicals 2 Dealer $327.80Drainage Floor Mat 1 Amazon $108.99Can be cut in half and used for both pieces of equipment.8-Section Partition 1 Amazon $139.98Hot Tub Steps 1 Amazon $149.99Bench 1 Amazon $160.9915' Leader Hose 1 Amazon $27.99Storage Hooks 1 Amazon $15.99Floor Epoxy TBD Facilities $300.00Estimated cost from Facilities. They will purchase and bill the PD.Sub-Total $1,264.68Tax $8Tax on items 1-8 onlyTotal $1,3

ATTACHMENT E
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ITEM 10

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
Jame
s Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: July 8, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Chris Perry, Police Chief
[email protected], (209) 538-5726
SUBJECT:

Resolution No. 2024-XXX, Ratifying the Application to the Bureau of Justice Assistance for the Patrick Leahy Bulletproof Vest Partnership Grant to Reimburse up to Fifty Percent (50%) of the Purchase Cost of Ballistic Vests for the Police Department RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council authorize Staff to submit an application to the Bureau of Justice Assistance for the Patrick Leahy Bulletproof Vest Partnership Grant to reimburse up to fifty percent (50%) of the purchase cost of ballistic vests for the Police Department.

I. BACKGROUND:

The Federal Bureau of Justice Assistance provides the Bulletproof Vest Partnership (BVP) grant program to assist law enforcement agencies in purchasing ballistic vests for their Officers. Through this program, smaller jurisdictions – those with populations under 100,000 – may receive up to fifty percent (50%) reimbursement for vests. To date, the City has received over $100,000.00 in BVP funds to offset the cost of regularly budgeted vest replacements and vests for new Officers.

II. REASONS F
OR RECOMMENDATION:

During fiscal year 202 4-25 the Police Department will need to replace vests that will be expiring and purchase vests for new Officers. It is estimated that a total of ten (10) vests will need to be purchased. The cost for each vest is between $1,100.00 and $1,400.00.

These grant funds will be used to offset General Fund costs for vests approved in this year’s budget.

Due to staff oversight, the Bureau of Justice Assistance Patrick Leahy Bulletproof Vest Partnership Grant application was submitted prior to when the staff report could be presented to Council.

ITEM 11
III. FISCAL IMPACTS:

Staff has requested $3,600.00 to help offset General Fund expenditures on vests.

IV. EXI
STING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon being awarded the grant, S taff will bring back a staff report before C ouncil to approve the acceptance of the grant.

Approv
ed by: ___________________
Douglas D. Dunford,
City Manager
Att
achments:

1. Attachment A – Resolution
ITEM 11
RESOL
UTION NO. 2024-XXX
RATIF

YING THE APPLICATION TO THE BUREAU OF JUSTICE

ASSISTANCE FOR THE PATRICK LEAHY BULLETPROOF VEST

PARTNERSHIP GRANT TO REIMBURSE UP TO FIFTY PERCENT
(50%) OF THE PURCHASE COST OF BALLISTIC VESTS FOR THE

POLICE DEPARTMENT

THE CIT

Y COUNCIL
City of Ceres
WHEREAS, the B
ulletproof Vest Grant Acts of 1998 and 2000 assist law
enforcement units in obtaining funds to purchase ballistic and stab vests for their officers; and
WHEREAS, jur
isdictions with populations under 100,000 have priority to receive up to fifty percent (50%) of requested funds; and
WHEREAS, the C
ity has applied for and received funding from the program for several years; and
WHEREAS, the P
olice Department has a regular need for replacement vests each fiscal year.

NOW, THEREF
ORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby ratify the application to the Bureau of Justice Assistance for a Patrick Leahy Bulletproof Vest Partnership Grant to reimburse up to fifty percent (50%) of the purchase cost of ballistic vests for the Police Department.

PASSED AND A
DOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of July 2024, by the following vote:

AYES: Counci
lmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
__________________
______________
Javier Lopez, Mayor
ATTEST:
__________________
______________
Fallon Martin, City Clerk
ITEM 11

ATTACHMENT A
ITEM 11

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
Jam
es Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: July 8, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Chris Perry, Police Chief
[email protected], (209) 538-5725
SUBJECT: Resolution No. 2024- XXX, Ratifying the Application for the California Attorney General Tobacco Grant Program
RECOMMENDED COUNCIL ACTION:

Staf
f recommends Council authorize Staff to apply for the California Attorney General Tobacco Grant Program
I. BACKGROUND:

The California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Proposition 56) funding helps promote a healthier California by reducing illegal retail sales and marketing of cigarettes and tobacco products, including e-cigarettes, to minors.

The Tobacco Grant Program, administered by the Office of the Attorney General, makes these annual funds available to local law enforcement agencies throughout California.

Since its inception in 2017, the Tobacco Grant Program has distributed approximately $184.7 million in grant funding through a competitive process.

Any local public agency within the State of California that has authority to enforce tobacco- related state laws or local ordinances related to retail tobacco sales and marketing is eligible to apply.

Grantees may use grant funds for activities including, but not limited to:
• Enforcement of flavor ban laws/ordinances
• Retailer compliance and licensing checks
• Consumer protection investigation and enforcement actions • Illegal online sales and marketing, including use of door-to-door delivery services • Development of task forces (regional working groups) for enforcement operations • Retailer training and diversion programs
ITEM 12
The Tobacco Grant Program is a reimbursement grant. DOJ will reimburse selected public agencies, in arrears, for approved expenditures upon receipt of invoices, quarterly progress reports, and other enforcement data required.

Priority activities include, but are not limited to:
• Enforcing state tobacco laws and local ordinances, including the statewide flavor ban (and similar local ordinances) through retailer inspections and enforcement operations (e.g. minor decoy, shoulder tap, undercover buys in stores and online). • Consumer protection enforcement (investigations and prosecution). • Compliance checks and inspections of tobacco retailers and online services that deliver tobacco products.
• Task force coordination among local agencies.
• Retailer education and diversion for retailers violating state tobacco laws. • Education for enforcement officers regarding state tobacco laws and local ordinances.

II. REASONS FOR RECOMMENDATION:

This grant money will fund minor decoy operations and compliance inspections of local establishments that sell tobacco products. The goal is to ensure our tobacco sell points within the City of Ceres are complying with state legislature.

There is not funding in the current Fiscal Year budget to pay for the activities described.

Without these funds, Staff would be unable to engage in the activities to educate and enforce the California State tobacco laws.

Due to staff oversight, the California Attorney General Tobacco Grant Program application was submitted prior to when the staff report could be presented to Council.

III. FISCAL IMPACTS:

Staff has requested $204, 933.00 to pay for training (tuition, hotel and per diem), surveillance equipment, overtime expenses (including the cost of benefits) incurred during decoy operations and compliance checks and inspections.

There is no fiscal impact to the City. The equipment purchased by the g rant will become the property of the City of Ceres. The overtime for o fficers will be covered for the life of the grant, which is three- and one- half years or until the grant funds are depleted, whichever comes sooner.

There is no matching fund requirement.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A

ITEM 12
VI. INTERDEPARTMENTAL COORDINATION

N/A

VII. PUBLI C PARTICIPATION

N/A

VIII. ENVIRO

NMENTAL REVIEW

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon being awarded the grant, staff will bring back a staff report before Council to approve the acceptance of the grant.

Approved by: ___________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution
ITEM 12
ITEM 12
RESOL
UTION NO. 2024-XXX
RA

TIFYING THE APPLICATION FOR THE CALIFORNIA ATTORNEY GENERAL

TOBACCO GRANT PROGRAM
T
he City Council
City of Ceres
W
HEREAS, the Tobacco Grant Program will assist law enforcement agencies enforce tobacco-related state laws or local ordinances related to retail tobacco sales and marketing; and
W
HEREAS, the Tobacco Grant Program will pay for training (tuition, hotel and per diem), surveillance equipment and overtime expenses (including the cost of benefits) incurred during decoy operations and compliance checks and inspections; and W
HEREAS, this equipment and overtime will allow our Officers to spend more time in the Community for the purpose of prevention, enforcement, and education in California State Tobacco laws; and
W
HEREAS, the Grant amount requested of $204,933.00 for equipment and overtime costs is funding that the Police Department could not cover at this time; and W
HEREAS, there is no additional fiscal impact to the City of Ceres.

NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby ratify the application for the California Attorney General Tobacco Grant Program.

PA
SSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of July 2024, by the following vote:

AYE
S: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
______
__________________________
Javier Lopez, Mayor
ATTEST:
______
____________________________
Fallon Martin, City Clerk
ITEM 12

ATTACHMENT A
ITEM 12

COUNCIL AGENDA REPORT

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

TO:

FROM:

CONTACT:

SUBJECT:

July 8, 2024
Mayor and City Council
Douglas D. Dunford, City Manager
Chris Perry, Police Chief
[email protected]
, (209) 538-5725
Resolution No. 2024- XXX, Ratifying the Application for the U.S.

Depar
tment of Justice School Violence Prevention Program Grant RECOMMENDED COUNCIL ACTION:

Staff recommends Council authorize Staff to submit an application for the Department of Justice School Violence Prevention Program (SVPP) Grant.

I. BACKGROUND:

The Office of Community Oriented Policing Services (COPS ) Office is the component of the U.S. Department of Justice responsible for advancing the practice of community policing by the nation’s state, local, territorial, and tribal law enforcement agencies through information and grant resources.

The COPS Office awards grants to hire community policing professionals, develop and test innovative policing strategies, and provide training and technical assistance to community members, local government leaders, and all levels of law enforcement.

Since 1994, the COPS Office has been appropriated more than $20 billion to help advance community policing.

The Students, Teachers, and Officers Preventing School Violence Act of 2018 (STOP School Violence Act of 2018) gave the COPS Office authority to provide awards directly to States, units of local government, or Indian tribes to improve security at schools and on school grounds.

Each award is three years (36 months) in duration for a maximum federal share of $500,000 per award. There is a local cash match (cost share) requirement of at least twenty-five (25) percent.

ITEM 13
The COPS Office provides funding through the School Violence Prevention Program (SVPP). F unding will provide up to 75% of the cost for the following school safety measures in and around schools and school grounds:
• Coordination with law enforcement.
• Training for local law enforcement officers to prevent student violence against others and self.
• Metal detectors, locks, lighting, and other deterrent measures. • Technology for expedited notification of local law enforcement during an emergency.
• Any other measure that the COPS Office determines may provide a significant improvement in security.

Commonly funded projects using SVPP funds are:
• Camera Systems
• Access Controls, Doors, Locks
• Technology (Panic Alarms)
• Personnel (School Safety Coordinators, Security Coordinators, Technology Managers)
• Training for SROs or LE personnel
• Visitor Management
• Weapons Detection Systems
• Lighting
• Notification Systems
• Funding for Site and Vulnerability Assessments
II. REASONS F OR RECOMMENDATION:

Staf
f have met with the Ceres Unified School District officials and have identified the need for AI Technology and cameras at both Ceres High School and Central Valley High School to aid in identifying school threats, such as weapons being brought onto the campuses.

The recom
mendation is to purchase fifty-four (54) AI Security Cameras:
• Twenty-
six (26) to be installed on the 47-acre Ceres High School campus. • Twenty-eight (28) to be installed on the 60- acre Central Valley High School campus.

AI c
ameras were chosen based on community preference and formal safety recommendations. Community groups such as the Ceres Educational Partners group (comprising teachers, school staff, parents, students and community members) and each school’s School Site Council collaborated to select the strategy.

This t
echnology integrates seamlessly with Ceres Police Department’s existing software, significantly reducing costs.

There is
no funding in the current Fiscal Year budget to pay for this technology and camera equipment.

ITEM 13
Due to staff oversight, the U.S. Department of Justice School Violence Prevention Program Grant application was submitted prior to when the staff report could be presented to Council.

III. FISCAL IMPACTS:

The fina
lized budget for this project is $584,498.00. The grant would pay 75% of the cost of this project ($438,374.00). Ceres Unified School District will match this amount with the additional 25% ($146,124.00).

There is
no fiscal impact to the City. The camera equipment will not incur recurring software costs and future expenses will be limited to expansion or upgrades that are anticipated to occur within five (5) years. Sustaining funds will be allocated for these expenses through CUSD’s Local Control and Accountability Plan (LCAP) and a school facilities bond.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

N/A
V. PO
LICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION
N/A
VII. PUBLIC PARTICIPATION
N/A
VIII. ENVIRONMENTAL REVIEW
N/A
I
X. STEPS FOLLOWING APPRO VAL:

Upon bein
g awarded the grant, Staff will bring back a staff report before Council to approve the acceptance of the grant.

Approv
ed by: ___________________
Douglas D. Dunford,
City Manager
Att
achments:

1. Attachment A – Resolution
ITEM 13
ITEM 13
RESOL
UTION NO. 2024-XXX
RA
TIFYING THE APPLICATION FOR THE U.S. DEPARTMENT OF JUSTICE

SCHOOL VIOLENCE PREVENTION PROGRAM GRANT
T
he City Council
City of Ceres
W
HEREAS, the Office of Community Oriented Policing Services (COPS) is the component of the U.S. Department of Justice responsible for advancing the practice of community policing through information and grant resources; and W
HEREAS, the Students, Teachers, and Officers Preventing School Violence Act of 2018 (STOP School Violence Act of 2018) gave the COPS Office authority to provide awards to improve security at schools and on school grounds; and W
HEREAS, AI Technology and Cameras are an approved use of this award money; and
W
HEREAS, Ceres Unified School District officials have met with Staff and identified the need for AI Technology and Cameras at both Ceres High School and Central Valley High School; and
W
HEREAS, the finalized budget for this project is $584,498.00 which will be funded 75% with grant money ($438,374.00) and 25% with matching funds from Ceres Unified School District ($146,124.00); and
W
HEREAS, there is no fiscal impact to the City of Ceres and any future expenses will be paid for by CUSD’s Local Control and Accountability Plan (LCAP) and a school facilities bond.

NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby ratify the application for the U.S. Department of Justice School Violence Prevention Program grant.

PA
SSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of July 2024, by the following vote:

AYE
S: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
______
__________________________
Javier Lopez, Mayor
ATTEST:
______
_________________________
Fallon Martin, City Clerk
ITEM 13

ATTACHMENT A
ITEM 13

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Ca
sey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: July 8, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Fallon Martin, City Clerk
[email protected], (209) 538-5731
SUBJECT:

Resolution No. 2024-XXX, Approving a Professional Services Agreement with VIP Audio Visual Company to Perform Audio Visual Upgrades to the Council Ch ambers, Approving a Budget
Amendment, and Authorizing the City Manager to Execute the Agreement
Resolution No. 2024-XXX, Authorizi ng the Use of the American Rescue Plan Act Funds to Comp lete Audio Visual Equipment Upgrades for the City Council Chambers
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve a pr ofessional services agreement with VIP Audio Visual Com
pany to provide upgrades to the Council Chambers.

I. BACKGROUND:

The City of Ceres has an extensive amount of audio-visual equipment that is required to properly conduct City Council and Planning Commission meetings . The last upgrade to
the audio-visual equipment in the Council Chambers took plac e in 2022. The project included:
 speakers throughout the chambers
 amplifier
 microphones at the podium and dais
 monitors at the dais
 push to speak system
 reprogramming tabletop touch panel and wall panel
 wall mounted televisions
The above listed upgrades are still in good condition and working properly.

ITEM 14
II. REASONS FOR RECOMMENDATION:

The proposed upgrades are another phase of ensuring the audio-visual equipment in the Council Chambers remains operating properly and f unctional for the purposes of what it is used for. The upgrades will include:
 audio processors, which will fix the audi o problems that are occurring during council meetings both inside the Council Chambers and on Zoom  cameras and camera switcher, which will alleviate the issue of switching camera views/angles
 sound inside the control panel room (current ly there is no live sound in the control panel room)
 replace wireless handheld microphones
 power supply to the video desk insta llation (which houses the controllers, processors, and matrixes)
 rewiring the entire system due to faulty cables
 repair faulty HDMI input
This type of agreement is considered a professional services agreement, which does not require the City to go out to bid for such services. Since this is a specialized field with few service providers in our area, staff is recommending the sole source of VIP Audio Visual Company (VIP) to complete the upgrades. In addition, there needs to be a significant level of familiarity with the equipment when proposing the upgrades and repairs that need to be made.

VIP has been providing audio-visual technician services to the City for over a year. These services include providing a technician to be onsite during regular City Council meetings and serve as an on-call technician in the event there are problems with the audio-visual equipment.

III. FISCAL IMPACTS:

The total cost of the upgrades is $59,883. 00, which includes a 4% contingency of $2,303.00. Staff is requesting a budget amendment for this project.  21963.050600 – ARPA Funds: $29,941.50
 52763.050600 – Water: $14,970.75
 56763.050600 – Sewer: $14,970.75
IV. EXISTING POLICY / RELATION SHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
ITEM 14
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Once approved by City Council, staff will process the agreement and schedule the work to take place.

Approved by: __________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Resolution

3. Attachment C – Budget Amendment

4. Attachment D – Agreement & Scope of Work
ITEM 14
ITEM 14
RES
OLUTION NO. 2024-XXX
A

PPROVING A PROFESSIONAL SERVICES AGREEMENT WITH VIP

AUDIO VISUAL COMPANY TO PERFORM AUDIO VISUAL UPGRADES

TO THE COUNCIL CHAMBERS, APPROVING A BUDGET

AMENDMENT, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, the Council Chambers houses an extensive amount of audio visual equipment that is required to conduct City Council and Planning Commission meetings ; and
W
HEREAS, the last phase of upgrades took place in 2022 and what was upgraded at that time is still in good condition and working properly; and W
HEREAS, the proposed phase of upgrades includes a number of items such as audio processors, cameras, sound inside the control panel room, replacement of wireless microphones, power supply, and rewiring, and
W
HEREAS, the total cost of the upgrades is $59, 883.00, which includes a 4 % contingency of $2,303.00; and
W
HEREAS, the cost for these upgrades have been allocated within the budget for Fiscal Year 2024/2025.

NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a Professional Services Agreement with VIP Audio Visual Company to Perform Audio Visual Upgrades to the Council Chambers, approves a budget amendment, and authorizes the City Manager to execute the agreement.

BE
IT FURTHER RESOLVED the Director of Finance 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 8th day of July 2024, by the following vote:

AYES: C
ouncilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___
_____________________________
Javier Lopez, Mayor
ATTEST:
___
______________________________
Fallon Martin, City Clerk
ITEM 14

ATTACHMENT A
ITEM 14
RESOLUTION NO. 2024-XXX
A

UTHORIZING THE USE OF THE AMERICAN RESCUE PLAN ACT FUNDS TO COMPLETE

AUDIO VISUAL EQUIPMENT UPGRADES FOR THE CITY COUNCIL CHAMBERS T

HE CITY COUNCIL
City of Ceres, California
W
HEREAS, City of Ceres is the recipient of $11.6 million through the American Rescue Plan Act of 2021 (ARPA) to support local recovery efforts; and W
HEREAS, funds must be committed by December 31, 2024, and expended by December 31, 2026; and
W
HERAS, the use of ARPA funds is consistent with federal guidelines for addressing capital improvements supporting the general government services; and W
HEREAS, the existing audio/visual equipment is experiencing significant technical difficulties, which will be addressed through this upgrade; and W
HEREAS, the City Council had previously approved $100,000 for project management which has gone unspent and $29,941.50 will be reallocated to the audio/visual equipment upgrade; and
W
HEREAS, it is now necessary to adjust the City’s budget to reflect this transfer to ensure transparency and compliance with all applicable federal guidelines; and NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the following:

A
UTHORIZATION OF USE OF ARPA FUNDS: The City Council authorizes the use of $29,941.50 from the American Rescue Plan Act allocated to the City of Ceres to complete the audio/visual equipment upgrades for the City Council Chambers.

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

P
ASSED AND ADOPTED by the Ceres City Council at a special meeting thereof held on the 8th day of July 2024, by the following vote:

AYES:

Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
________________________________

Javier Lopez, Mayor
ATTEST:
_______________________________

Fallon Martin, City Clerk
ITEM 14

ATTACHMENT B
ITEM 14
Budget Amendment No.

F
iscal Year
Reference Resoluti
on No . , dated authorizing appropriations for
as follows:

Appropriations:

Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Requested Appropriation
Current Appropriation
Total Appropriation
Estimated Revenu
es:

Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Additional Estimated Revenue
Current Estimated Revenue
Total Estimated Revenue
Fiscal Impact:

ITEM 14

ATTACHMENT C
ITEM 14

ATTACHMENT D
{CW117517.2}

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF CERES AND VIP AUDIO VISUAL COMPANY
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this ____ day of ____________, 2024, by and between the City of Ceres, a municipal corporation of the State of California (“ City”), whose address is 2220 Magnolia Street Ceres, California 95307 and VIP Audio Visual Company , a California S Corporation , (“Professional”), whose address is 2150 Rheem Dr. Suite C, Pleasanton, California 94588 (each individually a “Party” and collectively the “Parties”). There are no other parties to this Agreement.

RECITALS
A. City seeks to hire an independent contractor to perform Audio-Visual Upgrades to the Council Chambers.

B. Professional has made a proposal to City to provide such services . A description of the services Professional proposes to provide is included in the Scope of Services in Exhibit A (“Services”). City desires to retain Professional to perform the Services, subject to the terms and conditions set forth in this Agreement.

C. The Parties have outlined the rates and method of payment to Professional for its performance of the Services under this Agreement, which shall be included in the Scope of Services in Exhibit A.

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT
Section 1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 29 of this Agreement, Sections 1 through 29 shall prevail.

Section 2. Term. This Agreement shall be in place for twelve (12) months after the Effective Date (the “Term”) unless the Parties mutually agree in writing to terminate the Agreement earlier or extend the Term pursuant to this Agreement.

Section 3. Effective Date. This Agreement shall become effective (“Effective Date”) once all of the Parties have executed the Agreement.

Section 4. Compensation.

4.1. Amount, Time, and Manner of Payment for Professional Services. City shall pay Professional according to the rates and timing set forth in Exhibit A. City’s total compensation to ITEM 14

{CW117517.2} PROFESSIONAL SERVICES AGREEMENT

Professional shall not exceed Fifty Nine Thousand Ei ght Hund red Eighty -Three Dollars ($59,883.00) (“Maximum Payment”) unless the Parties mutually agree in writing otherwise.

Personnel assigned by Professional to perform under this Agreement have no Employer - Employee relationship with the City, but are employees of Professional, who is ultimately responsible for providing salary, benefits, workers compensation insurance, local travel and miscellaneous office expenses within the above-listed hourly rate.

4.2. Subsequent Payments . City shall make payments in the amount invoiced by Professional within thirty (30) calendar days of receiving such invoice. In the event that an amount of an invoice is in dispute, City shall inform Professional of the amount and basis for the dispute and may withhold the amount which is in dispute until the dispute has been resolved.

4.3. Invoices. Professional shall provide City with invoices sufficiently evidencing Professional’s justification for payment, expenses and completion of the Services. All invoices furnished to City by Professional shall be in a form approved by City. The payments specified shall be the only payments made to Professional for performance of the Services . Professional shall submit all billings for Services to City within thirty (30) days of when payment is due . City shall issue payment according to City’s customary procedures and practices for issuing payments to independent contractors.

Section 5. Time of Performance. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement. Professional understands and agrees that work performed under this Agreement is required to be completed according to strict time constraints as outlined in the City Municipal Code and State law.

Section 6. City Assistance to Professional. Professional shall, at its sole cost and expense, furnish all facilities, equipment, materials, information, personnel , and ad ministrative assistance which may be required to perform its obligations under this Agreement, with the exception of items of City assistance specified in Exhibit A . City shall furnish to Professional only the facilities, equipment, materials, information, personnel, and administrative assistance specified in Exhibit A.

Notwithstanding the foregoing, City shall cooperate with Professional and shall not actively interfere with Professional’s performance of Services under this Agreement.

Section 7. Time and Personnel Devoted to Services. Professional shall devote such time and personnel to the performance of this Agreement , as is necessary to perform the Services in compliance with this Agreement.

Section 8. Performance by Qualified Personnel; No Subcontracting . Services under this Agreement shall be performed only by competent personnel under the supervision and direct employment of Professional. Professional shall conform with City’s reasonable requests regarding assignment of personnel, but all personnel, including those assigned at City’s request, shall be supervised by Professional. Professional is prohibited from subcontracting this Agreement or any part of it unless such subcontracting is expressly approved by City in writing. Neither Party shall, on the basis of this Agreement, contract on behalf of, or in the name of the other Party. An agreement made in violation of this provision shall confer no rights on any Party and shall be null and void.

ITEM 14

{CW117517.2} PROFESSIONAL SERVICES AGREEMENT

Section 9. Representations of Professional. City relies upon the following representations by Professional in entering into this Agreement:

9.1. Qualifications. Professional represents that it is qualified to perform the Services provided in Exhibit A and that it possesses the necessary licenses , permits required to perform the Services or will obtain such licenses or permits prior to the time such licenses or permits are required.

Professional shall also ensure that all subcontractors (as approved by City under Section 8 of this Agreement) are similarly licensed and qualified . Professional represents and warrants to City that Professional shall, at Professional’s sole cost and expense, keep in effect or obtain at all times during the Term of this Agreement, any licenses, permits, and approvals which are legally required for Professional to practice Professional’s profession at the time the Services are rendered.

9.2. Professional Performance. Professional represents and warrants that all Services under this Agreement shall be performed in a professional manner and shall conform to the customs and standards of practice observed on similar, successfully completed projects by specialists in the Services to be provided. Professional shall adhere to accepted professional standards as set forth by relevant professional associations and shall perform all Services required under this Agreement in a manner consistent with generally accepted professional customs, procedures, and standards for such Services. All work or products completed by Professional shall be completed using the best practices available for the profession and shall be free from any defects. Professional agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and at law, Professional shall re-perform or replace unsatisfactory Service at no additional expense to City.

9.3. No Waiver of Claims . The granting of any payment by City, or the receipt thereof by Professional, or any inspection, review, approval or oral statement by any representative of City shall not, in any way, waive, limit, or replace any certification or approval procedures normally required or lessen the liability of Professional to re -perform or replace unsatisfactory Service, including but not limited to cases where the unsatisfactory character of such Service may not have been apparent or detected at the time of such payment, inspection, review or approval.

9.4. City’s Remedies are Cumulative. Nothing in this Section shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Professional may have under this Agreement or any applicable law. All rights and remedies of City, whether under this Agreement or applicable law, shall be cumulative.

9.5. No Conflict of Interest . Professional represents that no conflict of interest will be created under state or federal law by entering into or in carrying out this Agreement.

9.6. Excusable Delays; Notice to Other Party of Delay . Professional shall not be in breach of this Agreement in the event that performance of Services is temporarily interrupted or discontinued due to a “ Force Majeure ” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, fires, strikes, lockouts and other labor disturbances or other catastrophic events, which are beyon d the reasonable control of Profession al. Force Majeure does not include: (a) Professional’s financial inability to perform; (b) Professional’s failure to obtain any necessary permits or licenses from other ITEM 14

{CW117517.2} PROFESSIONAL SERVICES AGREEMENT

governmental agencies; or (c) Any similar failure which is due solely to the acts or omissions of the Professional.

Section 10. Conformity with Law and Safety. Professional shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, the California Building Code, the American with Disabilities Act, any copyright, patent or trademark law and all other applicable federal, state, municipal and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Professional must be in accordance with these laws, ordinances, codes and regulations. Professional’s failure to comply with any laws, ordinances, codes or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.

Section 11. Confidentiality. Professional understands and agrees that, in the performance of Services under this Agreement or in the contemplation thereof, Professional may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”).

Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization. Professional may be directed or advised by the City Attorney on various matters relating to the performance of the Services on the Project or on other matters pertaining to the Project, and in such event, Professional agrees that it will treat all communications between itself, its employees and its subcontractors as being communications which are within the attorney -client privilege.

Section 12. Assignment Prohibited . No Party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempt or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.

Section 13. Suspension of Services by City. City reserves the right to suspend Professional’s Services under this Agreement when City determines that it is necessary to do so. When possible, City shall give Professional notice of such suspension and Professional shall, upon receipt of said notice, suspend all Services except any Services the completion of which is authorized by the notice given by City. If the Services are suspended by City for more than sixty (60) consecutive days, for reasons other than the fault of the Professional, the Professional shall be compensated for Services performed prior to n otice of such suspension. When Services are resumed, the Professional’s compensation shall be equitably adjusted by the City to provide for expenses incurred by the interruption of the Services. In this regard, Professional shall furnish to City such financial information as in the judgment of the City Manager (or his or her designee) is necessary to determine ITEM 14

{CW117517.2} PROFESSIONAL SERVICES AGREEMENT

the reasonable value of the Services rendered by Professional during the period when Services were suspended.

If the Professional is unable to agree upon the amount of extra compensation which is due to Professional within thirty (30) days of Professional resuming Services, the amount of such additional compensation, if any, that is required to appropriately compensate the Professional for its expenses incurred by the interruption of Services may, upon the request of either Party, be determined by arbitration conducted in accordance Section 2 0. Such arbitration shall be commenced by the Professional no later than sixty (60) calendar days following the event which entitles the Parties to pursue arbitration unless the Parties agree in writing to an extended time period for commencement of arbitration. Unless otherwise agreed in writing, all Parties shall carry on the Services and perform their duties during any arbitration proceedings, and the City shall continue to make payments for the Services in progress as required by this Agreement.

Section 14. Ownership of Work Product . Any and all work, artwork, copy, photographs, videotapes, audiotapes, software, reports, drawings, diagrams, surveys, source codes, professional or technical information or data, photographs, notes, letters, emails or any original works of authorship created by Professional or its subcontractors or subcontractors in connection with Services performed under this Agreement (“Products”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event that it is ever determined that any Product created by Professional or its subcontractors or subcontractors under this Agreement are not works for hire under U.S. law, Professional hereby assigns all copyrights to such Products to City. With the prior written approval of City's point of contact for the Project, Professional may retain and use copies of such Products for reference and as documentation of its experience and capabilities.

All Products shall become the property of City irrespective of where they are located or stored and Professional agrees to deliver all such documents and information to City, without charge and in whatever form it exists, on the completion of the Professional’s services hereunder. Professional shall have no ownership interest in such Products.

All work product of Professional under this Agreement, including written information which City will cause to be distributed for either internal or public circulation, including both preliminary and final drafts shall be delivered to City in both printed and electronic form.

When this Agreement is terminated, Professional agrees to return to City all documents, drawings, photographs, and other written or graphic material, however produced, that it received from City, its contractors or agents, in connection with the performance of its Services under this Agreement. All materials shall be returned in the same condition as received.

Section 15. Termination of Work by City for Its Convenience . City shall have the right to terminate this Agreement at any time for its convenience by giving notice of such termination to Professional. In the event City shall give such notice of termination, Professional shall cease rendering Services upon receipt of said notice given as required in this Agreement. If City terminates this Agreement:

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{CW117517.2} PROFESSIONAL SERVICES AGREEMENT