Ceres City Council
August 12, 2024

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, August 12, 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); Rosa linda L. Vierra (District 2); Daniel A.

Martinez (District 4)

INVOCATION

Invocation by Patrick Davis, Ceres Christian Church.

Click this link to join the webinar:
https://us02web.zoom.us/j/82510367034?pwd=nFsl5AXtr4PPW2SdhwKxDfyZNSbNzv.1

Webinar ID: 825 1036 7034; Passcode: 736445; or Dial: (669) 900-6833

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
August 12, 2024

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez.

PRESENTATIONS

None

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

While the City Council welcomes and encourages pa rticipation 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 emerge ncy by the City Council. Citizens are entitled to address the City Council on any agenda item subject to the 5-minute provision.

APPOINTMENTS TO BOARDS/COMMISSIONS

A. Council Designation of a Voting Delegate and Alternate Delegate to Represent the City of Ceres at the League of California Cities’ 2024 Annual Conference

B. Interview Process for Appoin tment to the Planning Commission

CONFLICT OF INTEREST DECLARATION

CONSENT CALENDAR
All matters listed on the consent calendar are consider ed routine in nature and w ill be enacted by a single motion unless otherwise requested by an individual Coun cilmember or public for special consideration.

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

1. Clerks Report of Posting. The agenda of the August 12, 2024 City Council Meeting was Posted on Wednesday, August 7, 2024. (City Clerk)

2. Waive Readings. All Readings of Or dinances and Resolutions are Waived. (Waive readings in full of all ordinances and re solutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (City Clerk)

3. Register of Audited Demand(s) Dat ed July 17, 2024 through July 31, 2024. (Esenwein)

4. General Correspondence – Information Only
a. Per-an Polyfluoroalkyl Substances (PFAS) Presence Exceedance Notification and Response Levels (Royal)

AGENDA
Regular City Council Meeting
August 12, 2024

5. Resolution No. 2024-XXX , Authorizing the Sale of Canine Banner to Officer Christian Izquierdo. (Perry)

6. Resolution No. 2024-XXX , Ratifying the Application to the State of California, California Transportation Committee, for th e Active Transportation Program Cycle 7 Grant to Reimburse up to One Hundred Percent (100%) of the Design and Construction of Sidewalks, Curb, Gutter, and Access Ramps in the Remaining Portions of the Morrow Village Subdivision. (Beltran)

7. Resolution No. 2024-XXX, Approving the Professional Services Agreement with O’Dell Engineering a Westwood Company fo r the Design Services of the ATPL- 5241 (081) Pedestrian Safety on Central Avenue and Hackett Road Corridor Project (New Project String), Approving a 10% Contingency, and Authorizing the City Manager to Execute the Contract. (Beltran)

8. Resolution No. 2024-XXX, Approving a Three-Year Operational Agreement with the Stanislaus County District Attorney ’s Office for the County-Wide Victim Assistance Program and Authorizing the Chief of Police to Execute the Agreement. (Perry)

9. Resolution No. 2024-XXX, Ratifying the Memorandum of Understanding between the City of Ceres and Laborers’ International Union of North America (LiUNA!) and Authorizing the City Manager to Execut e the Memorandum of Understanding. (Vasquez)

10. Resolution No. 2024-XXX , Amending the Part-Time (Non-Regular) Employee Hourly Pay Rate Schedule, Effective in the Pay Period Beginning August 18, 2024. (Vasquez)

11. Resolution No. 2024-XXX, Approving a Contract with the Stanislaus County Area Agency on Aging for Upgrades to the Senior Lounge and Authorizing the City Manager to Execute the Contract. (Chavez)

12. Resolution No. 2024-XXX, Authorizing the City Manager to Execute an Agreement with River Road Mutual Water Company to Consolidate Water Service Area into the City of Ceres Water System. (Royal)

13. Resolution No. 2024-XXX, Approving the Purchase of One Street Sweeper Fleet Replacement from Schwarze Industries. (Royal)

14. Resolution No. 2024-XXX , Approving an Agreement with Grover Landscape Services, Inc. for the Downtown Business District Landscape Maintenance and Authorizing the City Manager to Execute the Agreement. (Royal)

15. Waiver of Second Reading and Adoption of Ordinance No. 2024-XXX , An Ordinance of the City Council of the City of Ceres Addi ng Chapter 25, Murals, of AGENDA
Regular City Council Meeting
August 12, 2024

Title 5, Business Licenses and Regulations, to the Ceres Municipal Code Regarding Murals, their Location, and Design. (City Manager)

16. Resolution No. 2024-XXX , Approving the Memorandum of Understanding for Yosemite Community College District Funding for the Fire Training Facility Project and Authorizing the City Manager to Exec ute the Memorandum of Understanding. (Wise)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

17. Waiver of Second R eading and Adoption of Ordinance No. 2024-XXXX , An Ordinance of the City Council of the City of Ceres Amendi ng Title 5, Chapter 18 Garage Sales of the City of Ceres Munici pal Code to Increase the Number of Garage Sale Events to Three Per Year and to Limit the Number of Sale Days to Three Per Garage Sale Event and Add a Community Garage Sale Day. (Simvoulakis)

PUBLIC HEARING

18. Resolution No. 2024-XXX, Approving the Fiscal Year 2024-25 Amended Engineer’s Report and Ordering the Levy of Assessments for the 1987 Landscape and Lighting District for Fiscal Year 2024-25. (Beltran)

NEW BUSINESS

None

DISCUSSION ITEMS

19. Council Referral Item – Modification of City Council Rules and Procedures to Establish a Community Event Notification Policy. (City Attorney)

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).

20. City Council Budget Restructure
(Referred by Councilmember Casey)

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

AGENDA
Regular City Council Meeting
August 12, 2024

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

CLOSED SESSION

21. Liability Claims, Cal. Gov. Code §54956.95
Claimant: Maria R. Torres
Agency Claimed Against: City of Ceres

10. 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: Unrepresented (Chief of Police, Director of Engineering Services/City Engineer, Director of Comm unity Development, Director of Finance, Director of Human Resources, Director of Public Works, City Manager)

REPORT FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council M eeting will be held on August 26, 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 publ ic review on the City’s website at www.ci.ceres.ca.us and posted at the time and places noted above.

AFFIDAVIT OF POSTING

I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Wednesday, August 7, 2024, at the following locations in Ceres:

 Community Center Display Case – 2701 Fourth Street

_______________________________________________________________________________________________________________________________ ___________________________ Fallon Martin, City Clerk
AGENDA
Regular City Council Meeting
August 12, 2024

Related Materials:

Any writings or documents provided to a majori ty of the City Counc il regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2220 Magnolia Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may ca ll 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).

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: August 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Fallon Martin, City Clerk
[email protected], (209) 538-5731
SUBJECT: Council Designation of a Voting Delegate and Alternate Delegate to Represent the City of Ceres at the League of California Cities’ 2024 Annual Conference
RECOMMENDED COUNCIL ACTION:

Council designation of a voting delegate to represent the City of Ceres that the League of California Cities’ 2024 Annual Conference.

I. BACKGROUND:

The League of California Cities (League) is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so they may influence policy decisions that affect cities.

Founded in 1898, the League is a member organization that represents California’s incorporated cities. The League strives to protect the authority and autonomy of city government and help California’s cities effectively serve their residents.

The League has eight standing policy committees which make recommendations to the Board of Directors on legislation, new policy guidelines, and key issues impacting cities.

The committees are composed of elected and appointed city officials throughout the state of California.

II. REASONS FOR RECOMMENDATION:

Each y ear the League holds an annual conference. This year’s annual conference is scheduled for October 16-18, 202 4 in Long Beach . An important part of the annual conference is the General Assembly Meeting which is where the membership considers and takes action on resolutions that establish League policy. The General Assembly Meeting is schedule d for Friday, October 18, 202 4. To vote at the General Assembly Meeting, the City Council must, by formal Council action, designate a primary voting ITEM A
delegate. In the event the primary delegate is unable to serve in that capacity, Council may appoint up to two alternate voting delegates. The voting delegate and alternates must be registered to attend the conference. At least one must be present at the General Assembly Meeting and in possession of the voting card to cast a vote.

III. FISCAL IMPACTS:

There is no fiscal impact associated with the recommended Council action.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The City Clerk will complete and submit the 2024 Annual Conference Voting Delegate/Alternate Form and forward to the League of California Cities.

Approved by: ___________________
Douglas D. Dunford,
City Manager
Attachments:

1. Attachment A – 2024 Voting Delegate Packet
ITEM A
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, July 10, 2024
TO: M
ayors, Council Members, City Clerks, and City Managers
RE: D

ESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Ev
ery year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Tak
ing place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To ca
st a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Act
ion by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Fol
lowing council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Sub
mitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Con
ference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 25, 2024

ATTACHMENT A
ITEM A
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Pl
ease view Cal Cities’ event and meeting policy in advance of the conference.

T
ransferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

S
eating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

Th
e voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

T
he voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

O
nce again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

A
ttachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly ITEM A
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Design
ating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Regist
ering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signin
g Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting
. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting
Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolv
ing Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

ITEM A
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved
1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.
2 During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

ITEM A

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: August 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Lea C. Simvoulakis, Community Development Director [email protected], (209) 538-5778
SUBJECT: Interview Process for Appointment to the Planning Commission RECOMMENDED COUNCIL ACTION:

Staff recommends City Council appoint a sub-committee for the purpose of the Planning Commission interview process.

I. BACKGROUND:

The City of Ceres will have two Planning Commission vacancies effective December 31, 2024. Staff plans to conduct a 30-day (minimum) recruitment for the vacanci es. The recruitment notice, along with instructions on how to apply will be published in the Ceres Courier, on the City’s website, and on various City department’s social media platforms.

The final filing date to submit an application will be 5:00 p.m. on Monday, September 30, 2024.

II. REASONS FOR RECOMMENDATION:

Members of the Planning Commission are appointed by Council. Council first creates a sub-committee which consists of two members of the Ceres City Council. The sub - committee will then interview each applicant prior to a City Council meeting. The sub - committee will present their recommended selection to the City Council at a regular City Council meeting. The Community Development Director will attend and support the interview panel to answer questions. The interviews will be held Monday, October 14, 2024; however, the date is subject to change. The newly appointed Planning Commissioners will become effective January 1, 2025 and will each serve a four -year term.

III. FISCAL IMPACTS:

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

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The sub-committee will review applications and interview applicants on October 14, 2024, prior to the City Council meeting.

The sub-committee will recommend appointments to the Planning Commission, pending Council consensus.

Approved by: __________________
Douglas D. Dunford,
City Manager
ITEM B

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: August 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Shannon Esenwein, Finance Director
[email protected], (209) 538-5765
SUBJECT: Register of Audited Demand(s) Dated July 17, 2024 through July 31, 2024
RECOMMENDED COUNCIL ACTION:

City Council approve the register of audited demand(s) dated July 17, 2024, July 25, 2024, and July 31, 2024 covering obligations to be paid by general warrants #130415 through #130623 in the amount of $3,169,860.33 .

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 July 31, 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.

II. REASONS FOR RECOMMENDATION:

The Finance Department monitors payments of invoices for accountability, accuracy, and completeness. Budgeted payrolls and demands paid by warrants or checks may be presented to the legislative body for ratification and approval. This allows for invoices t o be paid in a timely manner to establish goodwill with merchants and allows for discounts to be taken where applicable.

ITEM 3
III. FISCAL IMPACTS:

The attached listing represents the cash disbursements required of normal and usual operations during the period. The disbursements are accounted for in the FY 20 23-24 and FY 2024-25 budget. There is a $3,169,860.33 fiscal impact for the period of July 17, 2024 through July 31, 2024.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

N/A
Approved by: ___________________
Douglas D. Dunford,
City Manager
Attachments:

1. Warrant Register July 17, 2024 through July 31, 2024 ITEM 3
Date
Total: 108.00
JULY 24 MONTHLY INTERNET SMYRNA PARK 49.00
580259 JULY24 MONTHLY INTERNET SVCS FOR FLEET 59.00
130422 07/17/24 1216 AYERA TECHNOLOGIES,INC. 583852
JUN 24 PROCESSING BL ADMIN SVCS (159) LICENSES 1,686.99 Total: 1,686.99
130421 07/17/24 1199 AVENU MUNISERVICES INV06-019165
JUN 24 PHONE SVCS - SHORETEL 4,986.41
Total: 4,986.41
130420 07/17/24 1186 AT&T JUN 2024
7/7-8/6/24 FIRE ALARM SVCS - PHONE LINE 31.57
Total: 31.57
130419 07/17/24 1184 AT&T 233-841-5496 JUL 24
CARBURETOR FOR PARK EDGER 32.50
Total: 579.67
SAFETY GLASSES CLEANING WIPES 12.44
1C9K-FXNG-LXWR AIR FITTERS FOR EDGERS AND BLOWERS CHAINSAWS 13.01 PUMP KIT REBUILD/ WEED SPAYER 185.16
1HMF-1FVG-M14C TONER AND INK FOR FLEET 336.56
130418 07/17/24 5391 AMAZON CAPITAL SERVICES, INC. 16GL-PN7L-M7RT 1T7M-K97X-KJPX
1JK7-RWJL-KYJL
JUNE 24 LAB DI WATER 79.94
Total: 79.94
130417 07/17/24 1082 ALHAMBRA 12203096 062824
JULY 24 SCADA SERVER MONTHLY MONITORING 100.00
Total: 100.00
130416 07/17/24 1039 ADTECH INC 382573
FUEL FILTER SERVICE 117.93
Total: 117.93
130415 07/17/24 1011 A & B TRUCK PARTS 188725
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount Total: 858.50
MAY METRO SCAN OLINE ACCESS STAN CO DATE,AERIAL 465.00
30727361 JUN METRO SCAN OLINE ACCESS STAN CO DATE,AERIAL 393.50 130433 07/17/24 1693 CORELOGIC SOLUTIONS, LLC 30721603
FY2024/25 LASERFICHE SUPPORT 5,867.42
Total: 5,867.42
130432 07/17/24 1670 COMPLETE PAPERLESS SOLUTIONS,
LLC
4142
5/28-6/24/24 WATER SVCS ROW @ RICHLAND AVE 34.87
Total: 34.87
130431 07/17/24 1644 CITY OF MODESTO 315721-134894 JUN24 JUL 24 FIRE PROTECTION PREVENTION 663,780.46
Total: 663,780.46
130430 07/17/24 1643 CITY OF MODESTO JULY 2024
CALOPPS ANNUAL FEES FY 2024-25 4,078.00
Total: 4,078.00
130429 07/17/24 1638 CITY OF FOSTER CITY 16085
6/1-30/24 CABLE SVCS FOR FLEET 54.54
Total: 54.54
130428 07/17/24 1606 CHARTER COMMUNICATIONS 170060201062124 7/1-7/31/24 INTERNET SVCS FIBER & COPPER 3,157.98
Total: 3,157.98
130427 07/17/24 1606 CHARTER COMMUNICATIONS 237437401070124 1ST QUARTER DUES FOR CHIEF PERRY 75.00
Total: 75.00
130426 07/17/24 1570 CERES LIONS CLUB 18461
560,803.80
130425 07/17/24 5826 PARDY BOUNTHAVONG 0172 REPAIRS TO ICE MAKER FS 18 1,047.54 Total: 1,047.54
Total: 500.00
130424 07/17/24 1321 BERTOLOTTI CERES DISPOSAL, INC JUNE 2024 JUNE 2024 GARBAGE BILLING FRANCHISE FEE 560,803.80 Total:
130423 07/17/24 5831 BALJEET KAUR 7/9/24 7/9/24 CONCERTS IN THE PARK BAND 500.00 7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount Total: 7,995.00
Total: 2,100.00
130441 07/17/24 1931 ENGEO, INC 292929 22400080 JUN 24 OCHOA PARK PH II IMPROV PROJ AGRMNT #2 FY24 7,995.00

49.00 130440 07/17/24 1889 DU-ALL SAFETY, LLC 25402 MAY 24 MONTHLY SAFETY CONTRACT 1,050.00 25326 APRIL 24 MONTHLY SAFETY CONTRACT 1,050.00
Total: 3,350.00
130439 07/17/24 1839 DEPT OF JUSTICE ACCOUNTING

OFFICE- CASHIERING UNIT
747130 JUNE 2024 LIVE SCANS 49.00
Total:

Total: 1,446.69
130438 07/17/24 1779 CVCWA 2425-13-G ANNUAL CVCWA DUES 3,350.00 NEW HIRE UNIFORM & TAILORING -DIAZ 246.00
071430 NEW HIRE NAME TAG- PERRY 20.68
NEW HIRE UNIFORM - CARTER 654.24
071462 NEW HIRE UNIFORM- DIAZ 525.77
130437 07/17/24 1733 CRESCENT SUPPLY 071463
071428
3,242.06
Total: 6,073.51
730.00
130436 07/17/24 1730 CRAWFORD & ASSOCIATES, INC. 40384 22400050 JAN 24 SMYRNA PARK IMPROV GEOTECHNICAL SVCS FY24 1,483.82 40570 22400050 FEB 24 SMYRNA PARK IMPROV GEOTECHNICAL SVCS FY24 1,347.63 40759 22400050 MAR 24 SMYRNA PARK IMPROV GEOTECHNICAL SVCS FY24 Total: 420.00
130435 07/17/24 1717 CPCA - CA POLICE CHIEF'S ASSN 6198 CPCA MEMBERSHIP DUES C.PERRY FY 2024-25 730.00 Total:
130434 07/17/24 5578 COSTAR REALTY INFORMATION, INC. 120895281 6/1-30/24 COMM REAL ESTATE DATABASE 420.00 7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 5,073.61
Total: 2,300.00
130451 07/17/24 2928 MIRACLE PLAYSYSTEMS INC F2024-0499 PLAYGOUND REPAIRS AT DON PEDRO PARK 5,073.61 Total:

Total: 284,284.50
130450 07/17/24 5830 HALCYON CREEK, INC. 202144206 NETWORK SCAN (2) 2,300.00 22400044 MAY 24 SMYRNA PARK IMPROVEMENTS FY23/24 280,872.81 PP9 22400044 JUN 24 SMYRNA PARK IMPROVEMENTS FY23/24 3,411.69 130449 07/17/24 2835 MCFADDEN CONSTRUCTION, INC PP8
JUN24 UB STMT PROCESSING & POSTAGE 6,710.66
Total: 6,710.66
130448 07/17/24 2429 INFOSEND, INC. 265038
4 SPOOLS OF WEED EATER LINE FOR CLEANING 381.01
Total: 381.01
130447 07/17/24 2399 HUGHSON FARM SUPPLY H497083
WATER IMP TO CONVERT 2'LINES TO 4' AT OCHOA 128.85
Total: 128.85
130446 07/17/24 2392 HOWK SYSTEMS, INC. 0179881-IN
PARTS WASHER AQUEOUS COMBINATION UNIT MAINTENANCE 572.99 Total: 572.99
130445 07/17/24 2329 HERITAGE-CRYSTAL CLEAN, LLC 18745017 WATER TANK FILL/PVC PARTS REPAIR 89.74
Total: 89.74
130444 07/17/24 2232 GREEN RUBBER-KENNEDY AG M-511106
Total: 588.80
Total: 25.00
130443 07/17/24 2134 GEOANALYTICAL LABORATORIES K4F2404 JUNE 24 WATER SAMPLE ANALYSIS W39&40 NITRATE 42.80 K4F2405 JUN 24 WATER SAMPLE ANALYSIS DIST 13 546.00
130442 07/17/24 1961 EXPERIAN 63538 PRE-EMPLOYMENT CREDIT CHECKS 25.00 7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount Total: 29.47
Total: 1,688.00
130457 07/17/24 5583 ODP BUSINESS SOLUTIONS, LLC 352725083001 CORK BOARD FOR CHIEF PERRY 29.47 1240601292 4/28-5/25/24 - PARCEL MAP REVIEW (SAMBELLA PLAZA) 1,116.00 130456 07/17/24 3088 O'DELL ENGINEERING 1240602671
23/24 LOCATOR LOGIX USA TICKET MANAGEMENT SOFTWARE 1,323.00 Total: 1,323.00
130455 07/17/24 5616 NORFIELD DEVELOPMENT PARTNERS,
LLC
1946
130454 07/17/24 3044 GOVERNMENTJOBS.COM, INC. 42472
7/1/24 UNIFORM SERVICES PARKS 66.21
Total: 741.75
22400038 4/28-5/25/24 WHITMORE PRK GAZEBO PLNS/SPEC UPGRADE 572.00 7/8/24 UNIFORM SERVICES WATEWATER 54.64
521933222 7/8/24 UNIFORM SERVICES WTR/WTR CONSERVATION 123.33 7/1/24 UNIFORM SERVICES WATER 67.20
521933220 7/8/24 UNIFORM SERVICE FLEET 28.26
NEOGOV CONTRACT FYE 2025 1,161.92
Total: 1,161.92
7/1/24 UNIFORM SERVICES FLEET 28.26
521890316 7/1/24 UNIFORM SERVICES STREETS 77.41
7/8/24 MATS FOR PW ADMIN BUILDING 10.00
521890313 7/1/24 MATS FOR PW ADMIN BUILDING 10.00
130453 07/17/24 5362 MISSION LINEN SUPPLY 521933218
521890315
521890317
521933204
521890314
521890292
7/1/24 UNIFORM SERVICES FACILITIES 150.17
521890300 7/1/24 UNIFORM SERVICES WASTEWATER 126.27
130452 07/17/24 5599 TW ASSOCIATES, LLC 33230B21973 SAMPLING TAP- REPLACEMENT 2,643.45 Total: 2,643.45
7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount QUADIENT, INC. 61109096
07/17/24 5832 PRIDESTAFF, INC 301772634
7/3-10/2/24 POSTAGE MTR RNTL & ONLINE RATE MAINT 173.79 Total: 173.79
130466 07/17/24 5145
RADIATOR/ THERMOSTAT/ O-RING POLICE 10-110-20 203.80
35466 E.G.R VALVE EMISSIONS FOR POLICE EXPLORER 137.00
22400074 MAY 24 WELL 22 WELLHEAD TREATMENT PROJECT 120.00 Total: 120.00
130465 07/17/24 3277 PROVOST AND PRITCHARD

ENGINEERING, INC
110557
7/1-7/7 TEMPORARY SERVICES FOR HR 1,140.80
Total: 1,140.80
130464
130463 07/17/24 3265 PRICE FORD OF TURLOCK, INC. 35451
35487
CERES RESERVE POA DUES 48.00
Total: 48.00
130462 07/17/24 3248 PORAC-PEACE OFFICERS RESEARCH
ASSOC
443720
E.G.R GASTKET EXHAUST, GAS REPAIR FOR ENGINE 8.13
Total: 348.93
RESERVE OFFICERS LEGAL DEFENSE FUND 96.00
Total: 96.00
130461 07/17/24 3247 PORAC LEGAL DEFENSE FUND 769983
JULY 2024 PD SHREDDING 148.18
Total: 148.18
130460 07/17/24 5471 PACIFIC STORAGE COMPANY 5217204
JUNE 24 GAS SVCS 2,435.61
Total: 2,435.61
130459 07/17/24 3129 PACIFIC GAS & ELECTRIC JUN 2024
Total: 292.90
130458 07/17/24 5583 ODP BUSINESS SOLUTIONS, LLC 352723375001 MARKERS, STAPLES, DUSTING SPRAY, KLEENEX 194.21 349591154001 OFFICE SUPPLIES, CORK BOARD, INK 98.69
7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount Total:
7/16/24 CONCERTS IN THE PARK BAND 500.00
Total: 500.00
130476 07/17/24 5838 SAVANNAH LORRAINE CLARK 7/16/24
286.91
130475 07/17/24 5823 SABLE CAPITAL FWTX, LLC 40715 TEMP SVCS SECRETARY WE 7/7/24(R.JOHNSON) 765.60 Total: 765.60
Total: 85,728.00
130474 07/17/24 3480 RUSH TRUCK CENTERS OF
CALIFORNIA, INC.
3037879170 DUMP TRUCK DIP STICKS FOR ENGINE 286.91
Total:

Total: 500.00
130473 07/17/24 4198 ROLFE CONSTRUCTION INC. 24011C1 22400092 RIVER RANCH SEWER LIFT STATION POWER UPGRADE PROJ 85,728.00 Total: 3,675.00
130472 07/17/24 5833 RICHARD VANDERBURG 7/2/24 7/2/24 CONCERTS IN THE PARK BAND 500.00 100.00
130471 07/17/24 3380 RICHARD A. LIND JR. M.D. INC. MAY 2024 MAY 24 PRE-EMPLOYMENT TESTING 2,076.00 MAY 24 STATEMENT MAY 24 MEDICAL PRE SCREENINGS 1,599.00 Total: 1,000.00
130470 07/17/24 1004 VERONICA OLIVARES 73752101 OLIVARES P8011 5/14/24 RFND CC MEETING ROOM 100.00 Total: 272.13
130469 07/17/24 1004 HARMANPREET SINGH 73927212 SINGH P7501 9/7/24 RFND CC LRG RM - EVENT CANCELED 1,000.00 CUSTODIAL SUPPLIES 203.01
227011A CUSTODIAL SUPPLIES 69.12
130468 07/17/24 3324 RANDIK PAPER CO. 228220A
REPAIR TO OVERHEAD DOOR FS 3 3,181.17
Total: 3,181.17
130467 07/17/24 5639 R & S ERECTION TRI-COUNTY INC 133721 7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 6/15-30/24 GRAFFITI ABATEMENT - CODE & PARKS 1,989.00
Total: 1,989.00
130486 07/17/24 3898 TROY E. SLAYBAUGH 1113
JUNE, 2024 - K9 TRAINING 225.00
Total: 225.00
130485 07/17/24 3870 TOP DOG POLICE K9 TRAINING AND

CONSULTING, LLC
24-06
REPLACEMENT REGISTERS FOR WATER METERS 4,595.01
Total: 4,595.01
130484 07/17/24 5294 THIRKETTLE CORPORATION INV0099926
(1) POWER PEDESTAL CABINET FOR STREETS 4,351.26
Total: 4,351.26
130483 07/17/24 3839 TESCO CONTROLS, LLC 0082616-IN
22400079 MAY 24 OCHOA PARK IMPROV PH II CONST SVC FY23/24 336,971.71 Total: 336,971.71
130482 07/17/24 5782 STOCKBRIDGE GENERAL

CONTRACTING, INC
APP NO. 4
FY24-25 LAFCO ANNUAL FEES 30,347.79
Total: 30,347.79
130481 07/17/24 3745 STANISLAUS COUNTY AUDITOR-CONT FY 24-25 CERES 2024/25 DUES STANCOG 3,595.00
Total: 3,595.00
130480 07/17/24 3742 STANISLAUS COUNCIL OF

GOVERNMENTS
2024/25 DUES
UNIFORM SHIRT REPLACEMENT- OFFICER CHRIM-MARQUEZ 107.90 Total: 107.90
130479 07/17/24 3734 STAN KANEDO 145081
JUN 24 SCADA SYSTEM INTEGRATION RESO22-05 10,005.00
Total: 10,005.00
130478 07/17/24 2483 SNS AUTOMATION 6 2024-2
PERMIT FOR GENERATOR FACILITIE ID N10075 FY 24/25 900.00 Total: 900.00
130477 07/17/24 3678 SJVAPCD ATTN: FINANCE N163487
7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 6,070.69
130495 07/17/24 5529 VIGILANT SOLUTIONS, LLC 57704 RI 2024-25 ANNUAL SUBSCRIPTION RENEWAL FEE 216.67 Total: 216.67
Total:

Total: 335.41
130494 07/17/24 4016 VERIZON WIRELESS MAY 24 MAY 24 PHONE SVCS 3,006.56 JUN 2024 JUN 24 PHONE SVCS 3,064.13
(2) TIRE REPAIRS FOR STREET SWEEPER 124.26
107569 (2) TRAILER TIRES 211.15
130493 07/17/24 3966 VALLEY TIRE SALES, INC. 107528
CONTINUING DISCLOSURE & COMPLIANCE SVCS RPRT 7,225.00
Total: 7,225.00
130492 07/17/24 3935 URBAN FUTURES, INC CD-2023-016
JUNE 2024 - RANGE TOILET RENTAL 279.69
Total: 279.69
130491 07/17/24 4185 UNITED SITE SERVICES 114-13885205
2,276.72
130490 07/17/24 5610 ULTIMATE TRAINING MUNITIONS, INC. 218474 5.56 MM AMMUNITION 937.76 Total: 937.76
Total: 17,548.54
130489 07/17/24 5800 UBEO WEST LLC 531091874 JUN 24 CH,ANNEX,FIN,PW,REC,WWTP,WTR DEPT COPIER LS 2,276.72 Total:

Total: 66,979.47
130488 07/17/24 3917 U.S. BANK VISA JUN 2024 SEE ATTACHMENT 17,548.54 7/17/24-7/16/25 MUNIS DISASTER RECOVERY CONTRACT 9,126.44 045-472649 8/3/24-8/2/25 FINANCIAL SOFTWARE SVCS SUPPORT 57,853.03 130487 07/17/24 3915 TYLER TECHNOLOGIES, INC. 045-469000 7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 15,347.02
130502 07/25/24 1183 AT & T 2024-08-26 TRAFFIC SIGNAL FIBER OPTIC POLE LEASE 768.90 Total: 768.90
130501 07/25/24 1093 ALLSTAR FIRE EQUIPMENT, INC. 256994 FIRE STATION EQUIPMENT 15,347.02 Total:
269265 REKEY PAD LOCKS & CHANGE CYLINDERS 228.50
269289 CHANGED COMBINATION PAD LOCKS 93.00
712.51
269267 REMOVED EMPLOYEE FROM ALARM SYSTEM 141.00
404.34
130500 07/25/24 1098 AL'S CERTIFIED SAFE & LOCK 269270 REPAIR TO EYE BEAM ALARM 340.00 269287 KEY BLANKS 574.43
269288 KEY BLANKS
Total: 2,089.44
Total: 228.96
130499 07/25/24 1039 ADTECH INC 382897 JULY 24 SCADA MANAGED BACKUPS 404.34 Total:

Total: 393.16
130498 07/25/24 5839 209 MULTIMEDIA CORPORATION 370924 2024 CCR PUBLIC NOTIFICATION 228.96 JUL & AUG 24 ALARM SERVICES FOR COMMUNITY CENTER 99.90
0241965 7/2-8/31/24 ALARM SERVICES FOR CITY HALL & ANNEX 96.68 7/2-8/31/24 ALARM SERVICES FOR RIVERBLUFF PARK 96.68
0241973 JUL & AUG 24 ALARM SVCS FOR PW 99.90
130497 07/25/24 5480 1ST SECURITY & SOUND, INC 0241964
0241971
22400088 5/21-6/20/24 CITY ENGINEERING SVCS PROJ AGRMNT #1 635.49 Total: 635.49
130496 07/17/24 5814 WMB ARCHITECTS INC. 25718
7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 274.64
Total: 19,399.13
130511 07/25/24 1606 CHARTER COMMUNICATIONS 170061001070124 7/1-7/31/24 INTERNET FOR WATER WORLD 274.64 Total:

Total: 260.64
130510 07/25/24 1550 CELLEBRITE USA, INC. Q-370798-2 BASIC & PREMIUM SUBSCRIPTIONS FOR INVESTIGATIONS 19,399.13 Total: 9,294.43
130509 07/25/24 1462 CALIFORNIA LANDSCAPE SUPPLY,
INC.
90610 VALVE BOX REPAIR ROCKAFELLER DR. 260.64
6,709.75
130508 07/25/24 5826 PARDY BOUNTHAVONG 0178 ICE MACHINE REPAIR FOR COMMUNITY CENTER 3,725.12 0171 EMERGENCY REPAIR TO HVAC UNIT TO CCC 5,569.31
Total:

Total: 5,261.00
130507 07/25/24 5643 BSK ASSOCIATES 0105253 22400085 FEB 24 GEOTECH INSP SVCS WELL 22(GAC)AGRMNT#2 443.50 AH17018 PFAS QUARTERLY TESTS 6,266.25
TRAFFIC SIGNAL ROUTINE MAINT. SVCS 2,521.00
23292 TRAFFIC SIGNAL RESPONSE MAINT. SVCS 2,740.00
130506 07/25/24 1289 BEAR ELECTRICAL SOLUTIONS, INC 23156 8/1-10/31/24 ALARM MONITORING HEADWORKS 1,051.62
Total: 1,051.62
130505 07/25/24 1284 BAY ALARM COMPANY 21538221
5/24-6/23/24 MODEMS FOR PD/FIRE VEHICLES 87.57
Total: 87.57
130504 07/25/24 1187 AT&T MOBILITY 992499580X07012024
CELLPHONE LOCATION REQUEST FOR DETECTIVES 250.00
Total: 250.00
130503 07/25/24 5521 AT&T 517528
7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount UNIFORM ALLOWANCE- LT.GODFREY (PATROL BELT) 52.26
423897 NEW HIRE UNIFORM- PERRY 132.82
130522 07/25/24 1733 CRESCENT SUPPLY K23677
071494
BOARDING FOR K9 ODIN 461.70
Total: 461.70
130521 07/25/24 1723 CR RANCH, INC. 69554
NEW HIRE UNIFORM- PERRY 152.37
Total: 337.45
7/1-31/24 COMM REAL ESTATE DATABASE 420.00
Total: 420.00
130520 07/25/24 5578 COSTAR REALTY INFORMATION, INC. 120996050 HYDRANT FOR REPLACEMENTS/ STOCK 16,961.65
Total: 16,961.65
130519 07/25/24 5581 CORE & MAIN LP V191980
JUL PLANNING COMMISIONER COMPENSATION RESO#89-183 80.00 Total: 80.00
130518 07/25/24 5795 CONDIT, GARY MATTHEW JUL 24
22400008 JUN 24 TURLOCK SEWER USE CHARGES FY23/24 81,671.47 Total: 81,671.47
130517 07/25/24 1646 CITY OF TURLOCK P000021-001 JUN 24 22400013 ANNUAL NORTH CERES SEWER SERVICES FY23/24 142,375.92 Total: 142,375.92
130516 07/25/24 1644 CITY OF MODESTO 253025-234516 MAY24 LIGHT BULBS (22 VARIOUS SIZES) 292.07
Total: 292.07
130515 07/25/24 1623 CHOICE LIGHTING SUPPLY 353280
07/01-31/2024 PD CABLE SVCS 261.03
Total: 261.03
130514 07/25/24 1606 CHARTER COMMUNICATIONS 170060501070124 7/1-30/24 CABLE SVCS-FLEET LAST BILL-CANCELLED 54.54
Total: 54.54
130513 07/25/24 1606 CHARTER COMMUNICATIONS 170060201070124 130512 07/25/24 1606 CHARTER COMMUNICATIONS 170062001070124 7/1-31/24 SCADA FIBER OPTIC SVC CONNECTION 360.00 Total: 360.00
7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 109 03/01-15/2024 PD CARWASH 10.00
110 03/16-31/2024 PD CAR WASHES 5.00
02/01-15/2024 PD CAR WASHES 35.00
108 02/16-29/2024 PD CAR WASHES 15.00
Total: 7,200.00
130529 07/25/24 5766 GATEWAY CAR WASH & DETAILING
INC
105 01/01-15/24 PD CAR WASHES 30.00
106 01/16-31/2024 PD CAR WASHES 30.00
107
Total: 5,155.98
130528 07/25/24 5724 FIRSTTWO, INC. 2439 2024-25 FULL AGENCY LICENSE 7,200.00 COUPLERS- FOR REPAIR OF SERVICE LINE 844.83
0000184 WRAP FOR REPAIRS 4,311.15
130527 07/25/24 1993 FERGUSON WATERWORKS #1423 1848886
130525 07/25/24 1889 DU-ALL SAFETY, LLC 25492
25403
25491
MONTHLY SERVICE PREVENTATIVE MAINTENANCE 135.00
Total: 135.00
130526 07/25/24 5437 ELEVATOR TECHNOLOGY, INC. 95906
JUNE 24 MONTHLY SAFETY CONTRACT 1,050.00
Total: 6,995.00
07/25/24 1818 DEL NERO, GARY JUL 24
MAY 24 SAFETY TRAINING 1,160.00
25238 MAR 24 SAFETY TRAINING 1,595.00
JUN 24 SAFETY TRAINING 2,030.00
25323 APR 24 SAFETY TRAINING 1,160.00
REPAIR BROKEN WINDOW FS 2 865.00
Total: 865.00
130524 07/25/24 1878 DON'S MOBILE GLASS, INC. IRES606171 JUL PLANNING COMMISIONER COMPENSATION RESO#89-183 80.00 Total: 80.00
130523
7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount Total: 1,089.44
178.82
9172420508 RUBBER GLOVES AND SAFETY GLASSES 335.00
4,440.00
130533 07/25/24 2225 GRAINGER 9163520035 AIR FLITERS FOR FACILITIES 83.23 917066103 PAINT FOR USA'S HYDRANTS 492.39
9171849459 RUBBER GLOVES
Total: 3,435.65
130532 07/25/24 2160 GOGOVAPPS 24-185 2024-25 CODE ENFORCEMENT SUBSCRIPTION 4,440.00 Total:
546.00
K4G0122 JULY 24 WATER SAMPLE ANALYSIS W41 34.00
K4G0217 JULY 24 WATER SAMLPLE ANALYSIS W16 552.60
K4G0818 JULY 24 WATER SAMLPLE ANALYSIS W16 378.00
K4G0935 JULY 24 WATER SAMLPLE ANALYSIS DIST 13 546.00 K4G0123 JULY 24 WATER SAMLPLE ANALYSIS W39& 40 NITRATE 42.80 K4G0310 JULY 24 WATER SAMLPLE ANALYSIS W16 734.60
K4G0311 JULY 24 WATER SAMLPLE ANALYSIS W41 47.25
306.60
K4G0103 JULY 24 WATER SAMPLE ANALYSIS W22 URANIUM 90.00 210.00
130531 07/25/24 2134 GEOANALYTICAL LABORATORIES K4G0309 JULY 24 MONTHLY LAB ANALYSIS 115.00 K4G0937 JULY 24 WATER SAMPLE ANALYSIS W39 &40 NITRATE 42.80 K4G0936 JULY 24 WATER SAMPLE ANALYSIS W16
K4G0104 JULY 24 WATER SAMPLE ANALYSIS DIST 13
130530 07/25/24 2131 GDR ENGINEERING, INC. 28796 MAY 24 - CITY ENG & LAND SURVEYING SVCS 210.00 Total:

Total: 125.00
7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount Total: 1,573.78
2 RAKES, 2 SHOVELS, 2 BOXES OF GLOVES, 12 PAIR WK 431.29 H498730 SMALL TOOLS, CHAIN SAW 763.28
130539 07/25/24 2399 HUGHSON FARM SUPPLY S113292-01
H498849
Total: 1,969.94
Total: 159.43
130538 07/25/24 3939 HD SUPPLY, INC INV00410831 VALVE SETTER-REPLACEMENT 71.47 INV00411747 CL2 TEST KIT- DISPENCERS REFILL 1,898.47
4 TRIMMERS, 2 ROLLSTRIM LINE, 2 BLADES 379.21
Total: 64,545.00
130537 07/25/24 3939 HD SUPPLY, INC INV00410771 CL2-SAMPLE BOTTLES 159.43 IMPACT FEE STUDY-PROF.SVCS. 2/25/24-03/30/24 4,447.50
62598 IMPACT FEE STUDY-PROF.SVCS. 3/31/24-4/27/24 32,370.00 130536 07/25/24 5835 HARRIS & ASSOCIATES, INC.
62402
IMPACT FEE STUDY-PROF.SVCS. 01/01/24-1/27/24 6,346.25
61954 IMPACT FEE STUDY-PROF.SVCS. 1/28/24-2/24/24 4,846.25 IMPACT FEE STUDY-PROF.SVCS. 10/29/23-11/25/23 3,562.50
61142 IMPACT FEE STUDY-PROF.SVCS. 11/26/23-12/31/23 8,222.50 IMPACT FEE STUDY-PROF. SVCS. 8/27/23-9/30/23 2,825.00
60195 IMPACT FEE STUDY-PROF.SVCS. 10/1/23-10/28/23 1,925.00 59943
60474
61459
456.77
130535 07/25/24 2307 HAO VAN LE P24001792-COC JULY 24 MONTHLY LAB ANALYSIS 123.00 Total: 123.00
130534 07/25/24 2246 GROVER LANDSCAPE SERVICES, INC 0328415 (3) VALVE REPAIRS STATION 11,12&19 456.77 Total:
7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount

1.54 TONS OF ASPHALT FOR CITY PATCHING 127.08
Total: 127.08
130549 07/25/24 5557 MARTIN MARIETTA MATERIALS, INC. 42923978 7/26/24 JULY SENIOR LUNCH EVENT 812.16
Total: 812.16
130548 07/25/24 5829 M&G-4 13 INC. 000323
2024-25 ONLINE REPORTING SYSTEM LICENSE 7,277.29
Total: 7,277.29
130547 07/25/24 2649 LEXISNEXIS RISK SOLUTIONS C100137-20240630 JUL PLANNING COMMISIONER COMPENSATION RESO#89-183 80.00 Total: 80.00
130546 07/25/24 2540 KACHEL, GUY ROBERT JUL 24
COLUMBARD RD. HYDRANT VALVE REPLACEMENT 163.65
Total: 163.65
130545 07/25/24 2539 K & D ENTERPRISES INC. KD-32121
130544 07/25/24 2510 JOHNSON, DAVID J. JUL 24
546.00
130543 07/25/24 5685 JEREMY DAMAS 07.2024.2 22300103 PUBLIC WORKS PROJECT MANAGEMENT AND CONSULTATION 3,500.00 Total: 3,500.00
INTELLISITE, LLC 4038 YEAR 2: LEASE/ RENTAL OF CAMERAS IN CITY PARKS 112,911.28 JUL PLANNING COMMISIONER COMPENSATION RESO#89-183 80.00 Total: 80.00
130540 07/25/24 5816 HUNT & SONS LLC 144857
160779
Total: 112,911.28
130542 07/25/24 5272 JANA KIRCHERT 099 7/1-11/24 GET FIT/ZUMBA GOLD/AQUAFIT CLASSES 546.00 Total:

Total: 30,916.83
130541 07/25/24 5636
6/16-30/24 FUEL FOR PD ACCT#76081 7,477.55
160778 6/16-30/24 FUEL FOR PW ACCT. 76078 8,269.97
6/1-15/24 FUEL FOR PD ACCT #76081 6,955.17
144856 6/1-15/24 FUEL FOR PW ACCT #76078 8,214.14
7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 07/25/24 3039 NBS GOVT FINANCE GRP INC 202405-1970
130554 07/25/24 2943 MODESTO BATTERY CO 255685
7/15/24 UNIFORM SERVICE FLEET 28.26
Total: 700.77
CONSULT.SVCS.CFD ANNEXATION-APR.2024 4,000.00
Total: 4,000.00
130555
7/15/24 UNIFORM SERVICES PARKS 245.30
521974599 7/15/24 UNIFORM SERVICES FACILITIES 117.35
7/8/24 UNIFRM SERVICES STREETS 45.78
521974602 7/15/24 UNIFORM SERVICES WATER 67.20
10-12 VOLT BATTERIES 230.33
Total: 230.33
7/15/24 MATS FOR PW ADMIN BUILDING 10.00
522018756 7/22/24 UNIFORM SERVICES STREETS 45.78
7/22/24 MATS FOR PW ADMIN BUILDING 10.00
521974601 7/15/24 UNIFORM SERVICES STREETS 45.78
130553 07/25/24 5362 MISSION LINEN SUPPLY 522018753
521974598
521933221
521974578
521933219
521974600
7/8/24 UNIFORM SERVICE FACILITIES 30.68
521974586 7/15/24 UNIFORM SERVICES WASTEWATER 54.64
WASHING MACHINE REBATE @ 1513 CHARLOTTESVILLE LANE 75.00 Total: 75.00
130552 07/25/24 1001 ROGER FLANERY 176180180-116338 TURF REBATE @ 2729 AVERY COURT 366.00
Total: 366.00
130551 07/25/24 1001
EDUARDO LOZANO 145150150-121899 REPAIRS TO RIVERVIEW PARK PLAYGROUND 3,723.15
Total: 3,723.15
130550 07/25/24 2928 MIRACLE PLAYSYSTEMS INC F2024-0373 7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount CUSTODIAL SUPPLIES FS 1 69.47
Total: 3,033.12
CUSTODIAL SUPPLIES 1,434.28
230857 CAN LINERS 1,529.37
130563 07/25/24 3324 RANDIK PAPER CO. 230652
230652-01
COIL-IGN POLICE UNIT 10-104-20 98.51
Total: 872.44
EXHAUST BRACKETS AND SHEID-POLICE VEH.10-102-20 602.50
35890 IGNITION COILS POLICE UNIT 10-104-20 171.43
130562 07/25/24 3265 PRICE FORD OF TURLOCK, INC. 35715
35892
JUL PLANNING COMMISIONER COMPENSATION RESO#89-183 80.00 Total: 80.00
130561 07/25/24 5656 OTERO, CERINA M. JUL 24
1 BOX ENVELOPES 6X9 72.58
Total: 72.58
130560 07/25/24 5583 ODP BUSINESS SOLUTIONS, LLC 374232834001 KLEENEX, LABELS, TONER 411.84
Total: 411.84
130559 07/25/24 5583 ODP BUSINESS SOLUTIONS, LLC 373400227001 OIL FOR STOCK 357.60
Total: 357.60
130558 07/25/24 3102 O'REILLY AUTO PARTS 4452-405919
22400054 4/28-5/25/24 PARKS AND REC MASTER PLN RESO23-123 2,480.60 Total: 2,480.60
130557 07/25/24 3088 O'DELL ENGINEERING 1240602744
CL2-FOR WELL #42 980.01
Total: 3,200.20
CL2-WELL #27 940.98
286270 CL2-WELL #34 1,279.21
130556 07/25/24 3062 NORTHSTAR CHEMICAL 286272
286269
7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount Total: 500.00
Total: 500.00
130573 07/25/24 3615 SHELLA BILYEU 7/23/24 7/23/24 CONCERTS IN THE PARK BAND 500.00 ROTOCO, LLC 975226440
Total: 204.71
130572 07/25/24 3582 SCUDDER, GREG 7/30/24 7/30/24 CONCERTS IN THE PARK BAND 500.00 COMMUNITY CENTER ADA BRAILLE SIGNS 182.74
398706 COMMUNITY CENTER WALL MOUNT HOLDER 21.97
130571 07/25/24 3495 SAFE T LITE OF MODESTO INC 398619
07/25/24 5675 RELIASTAR LIFE INSURANCE

COMPANY
12A6302205
TEMP SVCS SECRETARY WE 7/14/24 (R.JOHNSON) 31.90
Total: 31.90
130570 07/25/24 5823 SABLE CAPITAL FWTX, LLC 40786
MAINTENCE TO UNCLOG THE MAIN DRAIN 684.08
Total: 684.08
130569 07/25/24 5271
HVAC CAPACITORS 23.31
42200694-00 HVAC PARTS 359.08
LOCAL ASSISTANCE GRANT EDUCATION/OUTREACH 2,000.00
Total: 2,000.00
130568 07/25/24 3460 ROSS-CAMPBELL, INC 24-3722-3
JUNE 24 VOLUNTARY ACCIDENT/ILLNESS/HOSPITAL PLANS 1,804.53 Total: 1,804.53
130567
130566 07/25/24 3353 REFRIGERATION SUPPLIES DIST 42200646-00 42200695-00
ORTEGA P6697 6/1/24 RFND CC LRG RM 1,000.00
Total: 1,000.00
130565 07/25/24 1004 PEDRO ORTEGA 74384252 (1) GLOVES AND (2) SPRAY CAN 54.77
Total: 437.16

CAMPOS P7259 7/13/24 RFND CC LRG RM 650.00
Total: 650.00
130564 07/25/24 1004 KASSANDRA CAMPOS 74832663 7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount LEGAL AD:CC#5-16 BUDGET 45.00
371732 LEGAL AD:CC#6-2 FIRE CODE ORDINANCE 2ND RUN 90.00 6/26/24 LEGAL AD TCP CC#6 QTR 2-2024 285.00
371731 LEGAL AD: PH NOTICE CC#6-1COMM.FAC.DIST.3 120.00 PUBLIC NOTICE FOR ORDINANCE UPDATE 135.00
Total: 1,110.00
LEGAL AD: CC#6-8 PUB.NOT. BLDG.CODE ORD. AMENDMENT 180.00 371728 LEGAL AD:CC#5-14 FIRE CODE ORDINANCE 1ST RUN 90.00 130580 07/25/24 3842 THE CERES COURIER INC. 371752
371729
372712
372709
372711
22400079 APR 24 OCHOA PARK IMPROV PH II CONSTRUCTION SVCS 2,091.20 Total: 2,091.20
130579 07/25/24 5782 STOCKBRIDGE GENERAL

CONTRACTING, INC
APP NO. 3 CORR
LEGAL AD:CC#6-12 FIRE CODE ORDINANCE 90.00
372710 LEGAL AD:CC#6-9 NOTICE OF ELECTION 75.00

WELL SITE WEED MANAGEMENT 503.92
Total: 503.92
130578 07/25/24 3759 STANISLAUS FARM SUPPLY INC 101216536 RECORDING FEES-MIT.NEG.DEC. 23-34 VTSM 2,973.75
Total: 2,973.75
130577 07/25/24 3752 STANISLAUS COUNTY RECORDER 23-34 VTSM 22400047 BLDG INSPECTION & PLAN CHECK SERVICES FY23/24 16,331.44 Total: 16,331.44
130576 07/25/24 3745 STANISLAUS COUNTY AUDITOR-CONT 7304 OFF. N.BLAKESLEE/L.PRIETO: FTO SCHOOL 08/05-08/24 780.00 Total: 780.00
130575 07/25/24 5571 STANISLAUS COUNTY SHERIFF'S BLAKESLEE: 08/05-08 130574 07/25/24 2483 SNS AUTOMATION 7 2024-1 JULY 24 SCADA SYSTEM INTEGRATION RESO22-05 7,475.00 Total: 7,475.00
7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount MAR2024 PD LEGAL SERVICES 1,400.00
Total: 13,542.75
130589 07/25/24 1627 WHITE BRENNER LLP 49833 MAR2024 GENERAL MUNICIPAL LEGAL 4,381.20 49835 MAR2024 SEWER LEGAL SERVICES 98.70
49837
Total: 3,750.00
130588 07/25/24 4095 WEST YOST & ASSOCIATES 2059052 22400049 6/1-6/30/24 WATER MASTER PLAN RESO23-125 FY23/24 13,542.75 Total: 1,147.13
130587 07/25/24 4044 VIRTUAL PROJECT MANAGER LLC 12-4120 JUL-SEPT 24 CLOUD BASED SOFTWARE CIP MANAGER 3,750.00 444.35
130586 07/25/24 3966 VALLEY TIRE SALES, INC. 107708 4 TIRES FOR POLICE DETECTIVE FORD 679.75 107750 4 TIRES FOR SUPERVISOR TRUCK 467.38
Total: 2,983.10
130585 07/25/24 3930 UNITED ROTARY BRUSH

CORPORATION
CI315240 STREET SWEEPER GUTTER BROOM 444.35
Total:

Total: 2,887.50
130584 07/25/24 3922 UNDERGROUND SERVICE ALERT OF

NORTHERN CA
1126606024 ANNUAL CERITFICATIONS AND MEMBERSHIP FEES 2,983.10 ON-CALL SUPPORT - PLANNING DEPT. 2,557.50
SI-000551 ON-CALL SUPPORT - PLANNING DEPT. 330.00
130583 07/25/24 5483 TRUEPOINT SOLUTIONS, LLC. SI-000404 INJECTOR REBUILD KITS. 4,388.66
Total: 4,388.66
130582 07/25/24 5294 THIRKETTLE CORPORATION INV0102678
WATER PUMP ON JOHN DEER FRONT LOADER P.W 364.49
Total: 364.49
130581 07/25/24 3846 THE PAPE GROUP INC 15467889
7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 49999 APR2024 HR LEGAL SERVICES 180.00
50313 MAY2024 PRA LEGAL SERVICES 600.00
50314 MAY2024 CODE ENF LEGAL SERVICES 6,711.60
50311 MAY2024 COMM DEVLEGAL SERVICES 2,240.00
50312 MAY2024 KASE'S JOURNEY LEGAL SERVICES 46.30
50309 MAY2024 POLICE LEGAL SERVICES 40.00
50310 MAY2024 HR LEGAL SERVICES 40.00
50489 JUN2024 POLICE LEGAL SERVICES 160.00
50490 JUN2024 HR LEGAL SERVICES 11,620.00
50487 JUN2024 WATER LEGAL SERVICES 3,783.50
50488 JUN2024 SEWER LEGAL SERVICES 1,612.10
50315 MAY2024 LABOR NEGOTIATIONS LEGAL SERVICES 12,773.42 50486 JUN2024 GENERAL MUNICIPAL LEGAL SERVICES 17,532.48 JUN2024 LABOR NEGOTIATIONS LEGAL SERVICES 8,126.30
50496 JUN2024 PW LEGAL SERVICES 200.00
50493 JUN2024 PRA LEGAL SERVICES 1,880.00
50494 JUN2024 CODE ENF LEGAL SERVICES 98.70
50491 JUN2024 COMM DEV LEGAL SERVICES 860.00
50492 JUN2024 CANNABIS LEGAL SERVICES 1,527.90
49840 MAR2024 HR LEGAL SERVICES 2,922.00
49844 MAR2024 PRA LEGAL SERVICES 1,300.00
49839 MAR2024 FIRE LEGAL SERVICES 60.00
50495
7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 5% RETENTION RELEASE SMYRNA PARK IMPROVEMENTS 14,962.35 Total: 14,962.35
130594 07/31/24 5780 BANNER BANK RET#8&9
JUNE & JULY 2024 CLETS LINE 589.18
Total: 589.18
130593 07/31/24 1185 AT&T 000022002712
SPREADERS/HARDNER FIBERGLASS REPAIR ON VERSA LIFT 48.29 Total: 48.29
130592 07/31/24 5391 AMAZON CAPITAL SERVICES, INC. 1QNY-4FJR-77N4 102.77
130591 07/25/24 5681 WOOD RODGERS, INC. 182925 COPPER TRAILS-PROF.SVCS.JUNE 2024 892.50 Total: 892.50
Total: 120,244.81
130590 07/25/24 4111 WILLE ELECTRIC SUPPLY, INC. S2207246.001 ELECTRICAL PARTS 102.77 Total:
49997 APR2024 GENERAL MUNICIPAL LEGAL 6,059.01
49998 APR2024 POLICE LEGAL SERVICES 120.00
49841 MAR2024 COMM DEV LEGAL SERVICES 800.00
49846 MAR2024 WHITMORE RANCH LEGAL SERVICES 5,093.00
49848 MAR2024 LABOR NEGOTIATIONS LEGAL SERVICES 32.00
49853 MAR2024 PUBLIC WORKS LEGAL SERVICES 60.00
50306 MAY2024 GENERAL MUNICIPAL LEGAL SERVICES 12,359.60 50307 MAY2024 WATER LEGAL SERVICES 65.80
50002 APR2024 LABOR NEGOTIATIONS LEGAL SERVICES 5,493.40 50161 APR2024 COMM DEV LEGAL SERVICES 8,707.80
50001 APR2024 PRA LEGAL SERVICES 1,260.00
7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 2,302.77Total:

Total: 16,604.40
130604 07/31/24 5282 HUNT & SONS, INC. 360851 CHEV RANDO HD ISO 32 259.94 411132 GUARDDOL OIL/ STATE RECYCLE TAX/ STATE OIL TAX 2,042.83 7/15-30/24 FUEL FOR PW ACCT. 76078 8,757.42
175237 7/15-30/24 FUEL FOR PD ACCT#76081 7,846.98
130603 07/31/24 5816 HUNT & SONS LLC 175236
IRRIGATION PARTS FOR PARKS 593.90
Total: 593.90
130602 07/31/24 2392 HOWK SYSTEMS, INC. 0180250-IN
WATER SHUT OFF VALVE 66.20
Total: 66.20
130601 07/31/24 2232 GREEN RUBBER-KENNEDY AG M-512008
YEARLY DATA BASE ONLINE RENEWAL 1,875.00
Total: 1,875.00
130600 07/31/24 1863 DIESEL LAPTOPS, LLC SO90046
NEW HIRE LS SHIRT- CARTER 202.50
Total: 202.50
130599 07/31/24 1733 CRESCENT SUPPLY 423284
BOARDING - K9 BANNER 153.90
Total: 153.90
130598 07/31/24 1723 CR RANCH, INC. 69633
6/24-7/22/24 WTR SVCS F/S #2 81.51
Total: 81.51
130597 07/31/24 1644 CITY OF MODESTO 315721-133356 JUL 24 ANNUAL CRWA MEMBERSHIP FY24/25 1,582.00
Total: 1,582.00
130596 07/31/24 1467 CALIFORNIA RURAL WATER ASSOC. 202406 22400075 SDMP CEQA INITIAL STUDY/MITIGATED NEGATIVE DECLARA 8,091.00 Total: 8,091.00
130595 07/31/24 1343 BLACK WATER CONSULTING

ENGINEERS, INC
7035
7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount REPLACEMENT KEYS (2) AND PROGRAMING. 475.00
36034 AIR COMPRESSOR UNIT 35-267-14 F550 385.72
07/31/24 5841 NEW CENTURY CONSTRUCTION &
CONSULTING, INC.
36193
2 TIRE PRESSURE SENSORS POLICE VEH. 10-110 135.32
36028 2 EXHAUST GASKETS POLICE VEH. 10-109-17 21.91
130612 07/31/24 3265 PRICE FORD OF TURLOCK, INC. 36052
95399
Total: 1,017.95
7/22/24 UNIFORM SERVICES WASTEWATER 54.64
522018732 7/22/24 UNIFORM SERVICES PARKS 40.72
TONER (3) 318.48
Total: 318.48
130611 07/31/24 5583 ODP BUSINESS SOLUTIONS, LLC 374232670001 REFUND BLD23-0494 15,203.65
Total: 15,203.65
130610
130609 07/31/24 5362 MISSION LINEN SUPPLY 522018739
522018755
TOILET REBATE @ 2209 PROMENADE 75.00
Total: 75.00
130608 07/31/24 1001 EDGAR TORRES 184020060-121814 7/22/24 UNIFORM SERVICES FLEET 28.26
Total: 123.62

(1) STREET SWEEPER TIRE 60.00
Total: 60.00
130607 07/31/24 2831 MCCOY'S INDUSTRIAL TIRE, INC. 10019 7/15-25/24 GET FIT/ZUMBA GOLD/AQUAFIT CLASSES 624.00
Total: 624.00
130606 07/31/24 5272 JANA KIRCHERT 100
130605 07/31/24 2429 INFOSEND, INC. 265905 JUN24 UB ONLINE MAINT & SUPPORT FEE 475.00 Total: 475.00
7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount SEE ATTACHMENT 32,941.22
Total: 32,941.22
130621 07/31/24 3917 U.S. BANK VISA JUL 24
JUN 23 2024 ADDTNL IMPLEMENTATION 1,304.00
Total: 1,304.00
130620 07/31/24 3915 TYLER TECHNOLOGIES, INC. 045-475438 JUL 24 ELECTRICITY SVCS 116,883.66
Total: 116,883.66
130619 07/31/24 3906 TURLOCK IRRIGATION DISTRICT JUL 2024 ANNUAL SUBSCRIPTION-FY24/25: 7/1/24 - 6/30/25 2,500.00
Total: 2,500.00
130618 07/31/24 5717 TEAMCALIFORNIA ECONOMIC

DEVELOPMENT CORPORATION
3215
ROW IRRIGATION 2,334.24
Total: 2,334.24
130617 07/31/24 3676 SITEONE LANDSCAPE SUPPLY, LLC 144220684-001 SIGN CLEANER,EAR PLUGS,LENS CLEANING TOWELETTES 575.92
Total: 575.92
130616 07/31/24 3495 SAFE T LITE OF MODESTO INC 398970
TEMP SVCS SECRETARY WE 7/21/24 (R.JOHNSON) 1,244.10
Total: 1,244.10
130615 07/31/24 5823 SABLE CAPITAL FWTX, LLC 40853
130614 07/31/24 5615 RECOLOGY BLOSSOM VALLEY

ORGANICS
00224330/RI COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ 129.83 Total: 129.83
Total:
130613 07/31/24 3324 RANDIK PAPER CO. 230588 COPY PAPER (2) BXS @ $53.288 122.72 230588-01 COPY PAPER (10) BXS @ $53.288 574.84
697.56
7/31/2024 12:17:08 PM
ITEM 3
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 3,169,860.33209 Vouchers in this report Total vouchers:
1 STEER TIRE PARKS TORO MOWER 161.59
Total: 161.59
130623 07/31/24 3966 VALLEY TIRE SALES, INC. 107918
JUL 24 CH,ANNEX,FIN,PW,REC,WWTP,WTR DEPT COP 2,276.72
Total: 2,276.72
130622 07/31/24 5800 UBEO WEST LLC 533386207
7/31/2024 12:17:08 PM
ITEM 3
Check# Date VNDR Vendor Name Invoice Invoice Description 130488 7/17/2024 3917 U.S. BANK VISA JUN 24 JUN 24 VISA Card Holder Charge Des. Amount
ARMANDO HERNANDEZ CONCRETE FOR BACKFLOW DEVICE AT SMYRNA PARK 96.11$ ROBERT HERRINGTON BOLTS FOR NEW WATER FOUNTAIN AT SKATE PARK 99.66$ DAVID ROCHA SAFETY BOOTS: W.NICHOLAS 173.79$
KEVIN HALEY USA MARKING PAINT 10.83$
SCOTT KEYS SAFETY BOOTS: S.KEYS 200.00$
CHRISTOPHER PERRY NEW OUTTER AND INNER SOLES ON PATROL BOOTS, JETBLUE AIRFARE FOR IACP CONFERENCE OCTOBER 2024 595.23$ VERONICA GONZALEZ 2024 ANNUAL CONFERENCE OCT 16-18 - M.BELTRAN, FLIGHT FOR 2024 LEAGUE OF CA CONFERENCE OCT 16-18 - M.BELTRAN 936.76$ MATTHEW WILLIAMS OPERATOR APPLICATION SHIPPING, OIT APLICATION, SERVICE FEE, ACROBAT PRO MONTHLY SUBSCRIPTION,WEED TRIMMER LINE, 391.02$ WEED TRIMMER LINE, SAFETY BOOTS M.WILLIAMS
JONATHAN FREDERICK DOMAIN NAME RENEWALS CERES.CITY 24.16$ HANK UNRUH CWEA ASSOCIATION MEMBERSHIP 221.00$
JOHN BANTA TV SCREENS FOR THE POLICE DEPARTMENT MOBILE TRAFFIC VAN, SURFACE KEYBOARDS FOR NEW PUBLIC SAFETY VAN 562.96$ KEITH GRIEBEL GAS FOR CITY VEHICLE WHILE IN SAN DIEGO FOR MANAGEMENT SCHOOL,K.GRIEBEL LODGING 3RD WK MNG CRSE 5/19-23/24K.GRIEBEL UNIFORM ALTERATIONS, 1,534.66$ K.GRIEBEL UNIFORM ALTERATIONS AND LT BARS, K.GRIEBEL POLO SHIRTS AND WORK PANTS, K.GRIEBEL WORK RELATED CLOTHING, MARK ANDERSON KEYBOARD (2) RETURN (216.40)$
DYLAN W PALECEK OFFICE WATER - WATER DEPT, OFFICE WATER - PW, 6/1-30/24 GPS TRACKING FOR STREET SWEEPERS & WTR CONSERVATION VEHICLE 343.65$ BRYAN N FERREIRA HDMI TO MINI HDMI CORDS FOR UAV OPERATIONS 83.85$ AMERICO R CASTANEDA SAFETY BOOTS- L.MERCADO SAFETY BOOTS- B.OROPEZA 367.12$ DIRK NIEUWENHUIS ANNUAL CHARGE- EDITING SOFTWARE FOR SOCIAL MEDIA/PR TEAM, CLOUD STORAGE FOR SOCIAL MEDIA TEAM 49.98$ TONI CORDELL CERES COURIER SUBSCRIPTION, SEWING/NEEDLEWORK/FABRIC 434.84$ JOSEPH CHAVEZ CONCERTS IN THE PARK SIGNS 909.06$
ANN M MONTGOMERY ERROR CHARGE- REIMBURSED BY EAC 23.61$ CRISTINA AGUILAR 5/22-6/21/24 ZOOM MEMBERSHIP SUBSCRIPTION, WATER FOR SMYRNA PARK RIBBON CUTTING, LUNCH FOR REGIONAL CM MONTHLY MEETING 238.26$ 6/22-7/21/24 ZOOM MEMBERSHIP SUBSCRIPTION
DELILAH VASQUEZ PROFESSIONAL DEVELOPMENT PURCHASE 1,719.19$ FALLON MARTIN CCAC MEMBERSHIP RENEWAL, R.VIERRA: LOCC ANNUAL CONF REGISTRATION: 10/16-18/24, J.LOPEZ: LOCC ANNUAL CONF REGISTRATION: 10/16-18/24, 2,599.16$ D.DUNFORD: LOCC ANNUAL CONF REGISTRATION: 10/16-18/24, BINDERS FOR ELECTION CANDIDATES, PUBLIC NOTICE IN MODESTO BEE:

SCHNEIDER ELECTRIC CONTRACT, REFUND ELECTION CANDIDATE BINDERS ANGELICA HERNANDEZ REFRESHMENTS FOR WELCOME TO CERES EVENT, RAFFLE PRIZES FOR WELCOME TO CERES EVENT 192.47$ ROBIN R EVANS TORO MOWER MICL HARDWARE, SAFETY BOOTS- R.EVANS 203.24$ JULIO AMADOR CASES OF WATER FOR PATROL OFFICERS - 100 PLUS DEGREE DAYS 13.20$ JOSHUA CASAS TORQUE WRENCH AND MILWALKEE ATTACHMENT. USED AT TUSCANY VILLAGE 361.94$ SHANNON ESENWEIN LEAGUE OF CA CITIES CONFERENCE 725.00$ JULIAN AGUIRRE PAPER GOODS FOR BRIDGING THE GAP EVENT ON MAY 30, 2024, FRUIT, MUFFINS, BAGELS, WATER FOR BRIDGING THE GAP EVENT ON MAY 30, 2024 291.76$ OSCAR HERNANDEZ SONATUBE FOR SARAH THERESE STREETLIGHT FOUNDATION, CONCRETE REBAR FOR MARGAN RD STREETLIGHT FOUNDATION AT ROUNDABOUT 553.02$ JESSICA PULLIAM COOKING CLASS SUPPLIES, HOT AIR BALLOON GIFT CARDS 277.39$ TRENTON JOHNSON T.JOHNSON: 6/23-27/24 FUEL FOR MGMT COURSE IN SAN DIEGO, T.JOHNSON: 6/23-27/24 LODGING FOR MGMT COURSE 819.95$ MICHAEL ESTACIO PVC FITTNGS, GLUE, REBAR 86.71$
MARCY PEDERSON CAL CHIEF SYMPOSIUM - CHIEF PERRY - HOTEL, LUNCH FOR SERGEANTS ORAL BOARD PARTICIPANTS, JUNE 2024 INVESTIGATIVE SEARCHES POSTAGE RETURN PHONE 1,294.78$

POSTAGE TO MAIL SEXUAL ASSAULT KIT TO OTHER LAW ENFORCEMENT AGENCY ELLEN EDMONDSON SAFETY BOOTS- B.BILICH, WIRE CLAMPS/ BATTERIES, SAFETY BOOTS- J.ARNOLD, PALLET OF CONCRETE DISTRIBUTION 685.53$ AL BURKETT (2) CONDUIT PARTS FOR STREET LIGHT REPAIRS, PUSH BROOM 87.07$ KENNETH E VAUGHN CAMERAS FOR SMYRNA PARK, TAPE FOR CONCRETE 41.82$ SHIRLEY A VENTURA NEW HIRES WELCOME TO CERES REFRESHMENTS, EMPLOYEE RECOGNITION REFRESHMENT 80.69$ SHAWN W HESS OPERATOR EXAM FEE, 2-CYCLE OIL, MECHANICAL GREASE, PRIME ANNUAL SUBSCRIPTION 406.95$ CRYSTEL AGUILAR ERROR CHARGE- REIMBURSED CITY 7/3/24 28.52$ 17,548.54$
ITEM 3
Check #
130621
Name On Card Charge Des. Total
DAVID ADAIR SAFETY BOOTS 372.74$
ROBERT HERRINGTON HARDWARE SUPPLIES 1,321.42$
DAVID ROCHA HARDWARE SUPPLIES 13.85$
SCOTT KEYS POSTAGE FEE, HARDWARE PURCHASE 89.51$
VERONICA GONZALEZ OFFICIE SUPPLIES 134.13$
SHAWN WALKER HARDWARE SUPPLIES 872.50$
MATTHEW WILLIAMS ADOBE SUBSCRIPTION, HARDWARE PURCHASE 267.84$ RENEE HOWERTON EVIDENCE SUPPLIES 117.45$
JONATHAN FREDERICK REPLACEMENT ANALOG PHONE FOR PD LOBBY, BLUEBEAM ANNUAL RENEWAL FOR ENGINEERING, REPLACEMENT SSDS FOR 10 LENOVO PCS, RAM UPGRADES FOR LENOVO PCS, 1,558.73$ REPLACEMENT MONITOR STANDS AND NETWORK CABLES.

HANK UNRUH HARDWARE SUPPLIES 2,001.71$
KEITH GRIEBEL K.GRIEBLE WORK CLOTHES, MANAGEMENT GROUP POLICE RECORDS. 2,986.46$ TRAVIS HUDSON APPLE.COM STORAGE 1,497.41$
JOHN THOMAS HARDWARE PURCHASE 289.20$
DYLAN W PALECEK GPS TRACKING FOR STREET SWEEPERS 405.08$ AMERICO R CASTANEDA HARDWARE PURCHASE, SAFETY BOOTS 1,634.92$ DIRK NIEUWENHUIS APPLE.COM STORAGE 9.99$
TONI CORDELL CERES COURIER SUBSCRIPTION, AMAZON PURCHASE 60.26$ JOSEPH CHAVEZ LIFEGUARD EQUIP. AMAZON PURCHASES 3,800.38$ CRISTINA AGUILAR WATER/SNACKS FOR COUNCIL MEETING, C.AGUILAR: CCAC MEMB DEPUTY CITY CLERK. 327.93$ DELILAH VASQUEZ TROPHY WORKS 2,880.32$
MATTHEW SCOTT AUTOMOTIVE PARTS 18.34$
ANGELICA HERNANDEZ OFFICE SUPPLIES, LUNCH FOR MEETING, CALPELRA TRAING. 1,417.37$ ROBIN R EVANS WORK SUPPLIES 123.27$
JOSE BERBER AMAZON PURCHASE, MAVERICK SUBSCRIPTION 326.45$ KHRISNA STITZELL COMMUNITY CENTER SUPPLIES FOR CLASSES 386.13$ ABRAHAM OCHOA JR HARDWARE SUPPLIES 120.02$
JOSHUA CASAS HARDWARE SUPPLIES 139.34$
SHANNON ESENWEIN CMFO MEETING, PROFESSIONAL DEVELOPMENT 625.00$ ELYSE DAVIS-CAPOEMAN OFFICIE SUPPLIES, AMAZON PURCHASE 515.30$ OSCAR HERNANDEZ HARDWARE SUPPLIES 36.86$
JESSICA PULLIAM COMMUNITY CENTER SUPPLIES FOR CLASSES 47.18$ TRENTON JOHNSON T.JOHNSON: 6/23-27/24 FUEL FOR MGMT COURSE IN SAN DIEGO,T.JOHNSON: 6/23-27/24 LODGING FOR MGMT COURSE,TRAILER 1,244.72$

TRAILER HITCH LOCK FOR CODE TRAILER,PATROL BOOTS,OFFICE SUPPLIES MICHAEL BELTRAN OFFICE SUPPLIES (COMPUTER) 1,884.42$
MARCY PEDERSON BUSINESS CARDS - LT. GODFREY, SGT. PINON, SGT. MATT VIERRA, PERSON SEARCH DATA BASE FOR INVESTIGATIONS - JUNE 2024, BUSINESS CARDS - OFFICER LORD HUFF 402.97$

BUSINESS CARDS - CSO MCCANN, OFFICER GARCIA, DOCUMENT HOLDERS FOR DISPATCH STATIONS, DYMO LABELS FOR REPORT WRITING & EVIDENCE BOOKING ROOM ELLEN EDMONDSON HARDWARE SUPPLIES, OFFICE SUPPLIES 631.97$ KENNETH E VAUGHN HARDWARE SUPPLIES, TRAFFIC SAFETY SUPPLIES 886.17$ SHIRLEY A VENTURA OFFICE SUPPLIES 1,376.09$
JOHNNY CARRILLO HARDWARE SUPPLIES 950.24$
SHAWN W HESS OFFICE SUPPLIES, HARDWARE SUPPLIES 368.97$ CRYSTEL AGUILAR COMMUNITY CENTER SUPPLIES FOR CLASSES 798.58$ 32,941.22$
Date VNDR Vedndor Name Invoice Invoice Description 7/31/2024 3917 US BANK JUL 24 JUL 24 VISAS 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: August 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Sam Royal, Director of Public Works
[email protected], (209) 538-5717
SUBJECT: Per-an Polyfluoroalkyl Substances (PFAS) Presence Exceedance Notification and Response Levels
RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BACKGROUND:

The City of Ceres Water Division is required by the Health and Safety Code, Section116378 to notify the governing body of the local agency when a contaminant in excess of a Notification Level is discovered in the drinking water source. Notification levels are nonregulatory, health -based advisory levels for contaminants that are established as precautionary measures. The Division of Drinking Water for the State of California established the notification level for four per-an polyfluoroalkyl substances (PFAS) compounds, PFOA, PFOS, PFHxS, and PFBS.

PFAS are a category of manufactured chemicals that have been used in industry and consumer products since the 1940s. PFAS have characteristics that make them useful in a variety of products, including nonstick cookware, waterproof clothing, and firefightin g foam, as well as in certain manufacturing processes. PFAS tend to break down extremely slowly in the environment and can build up in people, animals, and the environment over time. PFAS have been largely phased out due to health and environmental concerns but may still be found in the environment and drinking water especially near industrial sites, airports, and military installations.

Exposure to PFAS over a long period of time may lead to a negative health effect on developing babies and pregnant people, weaken a body’s ability to fight diseases, increased risk for some cancers, liver damage, and can elevate cholesterol levels.

Health and Safety Code section 116378 requires community systems, when ordered to monitor for any PFAS with a notification level, to:

ITEM 4
A. Report detected results in the water system’s annual consumer confidence report, B. Notify the water system’s governing body if a notification level is exceeded, and C. Either remove a water source from use or provide public notification within 30 days if a response level is exceeded.

In 2022, t he City of Ceres was ordered by the State Water Resources Control Board (SWRCB) to monitor only one well quarterly, Well 34, for PFAS starting January 2023.

An information only report informing council members of the order and brief update was presented at the September 11, 2023, council meeting.

In response to increasing statewide concern regarding the possible contamination of drinking water supplies by PFAS, the SWRCB initiated a comprehensive effort to investigate the nature and scope of the issue. As part of this effort, the SWRCB issued a second order, DW 2024-0002-DDW (2024 Order), to the City of Ceres on March 4, 2024, as 12 additional wells in our water system are required to be tested. The Budget Act of 2022 appropriated funds to test for PFAS in community public water systems serving disadvantaged communities and has offered initial monitoring under the 2024 Order at no cost to the City of Ceres. This information was presented to Council at the June 10, 2024 meeting in anticipation of the sampling commencing.

The sampling was completed, and results submitted to the City on July 15 th indicate the presence of PFAS in four (4) City wells that are currently in service without PFAS treatment. The Notification and Response Levels have been exceeded specifically as set forth below:

Well 22 (CA5010028_022_022) exceeded the Notification Level of 3 ng/L for PFHxS and

6.5 ng/L for PFOS
Well 34 (CA5010028_034_034) exceeded the Notification Level of 3ng/L for PFHxS, 6.5 ng/L for PFOS, and 5.1 ng/L for PFOA.

Well 41 (CA5010028_041_041) exceeded the Notification Level of 3 ng/L for PFHxS.

Well 42 (CA5010028_42_42) exceeded the Notification Level of 3 ng/L and Response Level of 20 ng/L for PFHxS.

The origin of the contaminant in our water supply at this time is unknown but the water system is working with the State Water Board and other agencies to identify the circumstances of the contamination.

Because Well 42 has exceeded the Response Level, the source has been taken offline to allow time for staff to work on a plan to construct treatment for PFHxS removal, with an anticipated completion time being March 2026.

II. REASONS FOR RECOMMENDATION:

N/A
III. FISCAL IMPACTS:

N/A
ITEM 4
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

N/A

Approved by: ___________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – PFAS Fact Sheet
ITEM 4
ITEM 4
Per- and Polyfluoroalkyl Substances (PFAS) Fact Sheet
State Water Resources Control Board
Division of Drinking Water
May 2024

ATTACHMENT A
ITEM 4
1 Table of Contents
List of Acronyms & Abbreviations ...................................................................................................... 2 Overview ..................................................................................................................................................... 3 PFAS Background ................................................................................................................................... 4

1. PFAS definition .......................................................................................................................... 4

2. PFAS concerns ......................................................................................................................... 4

3. PFAS found in the environment .............................................................................................. 4

4. Sources of PFAS ...................................................................................................................... 5

5. Human exposure to PFAS ....................................................................................................... 5

6. PFAS in drinking water............................................................................................................. 6

7. PFAS production in the United States ................................................................................... 7

8. PFAS exposure reduction ........................................................................................................ 7 Efforts by the California State Water Resources Control Board (State Water Board) to Address PFAS ........................................................................................................................................... 8

9. Efforts to identify the sources of PFAS in California ............................................................ 8

10. State Water Board efforts to manage PFAS issues in drinking water .............................. 8

11. Notification level and Response level .................................................................................... 9

12. PFAS Notification level or Response level exceedance requirements ........................... 10

13. US EPA issuance of PFAS maximum contaminant levels (MCLs) for drinking water . 10

14. US EPA PFAS MCLs impact on California public water systems compliance .............. 11

ATTACHMENT A
ITEM 4
2 List of Acronyms & Abbreviations
Acronyms/Abbreviations Definitions
DDW Division of Drinking Water
MCL Maximum Contaminants Level
NPDWR National Primary Drinking Water Regulation
OEHHA Office of Environmental Health Hazard Assessment
PFAS Per- and Polyfluoroalkyl Substances
PHG Public Health Goal
State Water Board State Water Resources Control Board
US EPA The U.S. Environmental Protection Agency

ATTACHMENT A
ITEM 4
3 Overview
This fact sheet provides information about Per- and Polyfluoroalkyl Substances (PFAS) and State Water Resources Control Board (State Water Board), Division of Drinking Water actions to manage PFAS issues in drinking water in California.

ATTACHMENT A
ITEM 4
4 PFAS Background

1. PFAS definition
PFAS, or Per- and Polyfluoroalkyl Substances, are a large group of man-made substances that do not occur naturally in the environment and are resistant to heat, water, oil, grease, and stains. Since the 1940s, PFAS have been used in industry and consumer products, such as non-stick cookware, waterproof clothing, stain-resistant fabrics and carpets, some firefighting foams, and products that resist grease, water, and oil. PFAS can be found in a variety of consumer products and in groundwater.

2. PFAS concerns
Long term exposure to PFAS is potentially harmful to health. A recent review from the U.S. Centers for Disease Control and Prevention (CDC) outlines that over a long time PFAS may:
- Decrease fertility and birth weight.
- Weaken a body’s ability to fight disease.
- Increase the risk for some cancers, asthma, thyroid disease, and liver damage.
- Increase cholesterol levels (which can increase the risk for heart attack or stroke).

Because of the potential health risks of PFAS, the State Water Board requires monitoring PFAS to protect drinking water quality. Monitoring PFAS in drinking water ensures that your water remains safe to drink and helps the State Water Board to protect public health.

3. PFAS found in the environment
PFAS can be found in air, water, and soil in and around manufacturing facilities.

Although these releases have been declining since companies began phasing out the production and use of several PFAS in the early 2000s, PFAS are very stable in the environment and are resistant to breaking down. They remain in the environment and the human body for long periods of time. Some PFAS are volatile and can be carried long distances through the air, which may lead to contamination of soil and groundwater far from the source of the PFAS emission.

ATTACHMENT A
ITEM 4
5 4. Sources of PFAS
The primary sources of PFAS are: fire training/fire response sites, industrial sites landfills, and wastewater treatment plants/biosolids. The following picture shows examples of products containing PFAS.

5. Human exposure to PFAS
The main ways that PFAS get into people’s bodies are through:
- Drinking water: Contaminated drinking water has led to high levels of exposure to PFAS for some populations residing near manufacturing facilities that have used PFAS.
- Food: Food produced in water or soil contaminated with PFAS, such as vegetables fish, meat, and eggs may contain PFAS due to bioaccumulation and crop uptake. Also, food packaging made with PFAS can lead to PFAS transfer to food.
- Consumer Products: Hand-to-mouth contact with consumer products made with PFAS, such as carpets and textiles, or cosmetics and lotions. - Inhalation: Breathing in contaminated air or household dust can expose people to PFAS. Both outdoor and indoor air or dust may contain PFAS.

PFAS in outdoor air may be because of manufacturing releases. Clothing, textiles, and carpets treated with PFAS may result in higher concentrations of some PFAS in indoor air.

Figure 1. Examples of consumer products containing PFAS.

ATTACHMENT A
ITEM 4
6 PFAS chemicals are not easily absorbed through the skin; therefore, dermal exposure is considered a less significant route of exposure for the general population.

6. PFAS in drinking water
PFAS can get into drinking water when products containing them are used or spilled onto the ground or into lakes and rivers. Once in groundwater, PFAS are easily transported large distances and can contaminate drinking wells. PFAS in the air can also end up in rivers and lakes used for drinking water. Additional information regarding PFAS fate and transport in the environment may be found on the Interstate Technology Regulatory Council (https://pfas-1.itrcweb.org/).

Figure 2. PFAS exposure pathways to the environment and human.

Image is adopted from https://extension.umaine.edu/livestock/dairy/pfas-and-dairy- animals/

ATTACHMENT A
ITEM 4
7 7. PFAS production in the United States
The U.S. Environmental Protection Agency (US EPA) has announced that eight major PFAS producers have phased out PFAS from emissions and products.

However, manufacturers have developed replacement substances in the PFAS family. Additionally, there could be some imported goods containing these substances.

8. PFAS exposure reduction
Preventing exposure to PFAS is not practical due to the widespread historic and current use of PFAS, which are commonly used in consumer products throughout the world. Exposure can be reduced by avoiding or limiting exposure with some products, as follows:
- Use non-stick coated cookware according to manufacturer guidelines (not all non-stick coatings contain PFAS).
- Use stainless steel or cast-iron cookware in place of non-stick coated items. - Avoid oil and water-resistant food packaging.
- Avoid stain resistant coatings on carpet, furniture and clothing.

Figure 3. PFAS sources and pathways to drinking water. Image is adopted from https://health.hawaii.gov/heer/environmental-health/highlighted-projects/pfas/

ATTACHMENT A
ITEM 4
8 - Avoid water repellants on clothing.
- Use personal care products without “PTFE” or “Fluoro” ingredients. - Wipe or clean household surfaces with a damp cloth regularly.

The Food and Drug Administration (FDA) recommends that people should eat different types of foods to maintain a healthy diet. They mentioned that the findings from the first tests conducted on various foods didn't show a need to avoid specific foods because of PFAS contamination. More information may be obtained from the Food and Drug Administration (https://www.fda.gov/food/process-contaminants- food/questions-and-answers-pfas-food).

Efforts by the California State Water Resources Control Board (State Water Board) to Address PFAS

9. Efforts to identify the sources of PFAS in California Since 2019, the State Water Board, Division of Drinking Water (DDW) has been strategically planning and issuing statewide investigative orders to identify the occurrence of PFAS in areas of the highest potential impact to the environment and drinking water. These areas include industrial use of PFAS in fire-fighting foams, at certain industrial applications, and at those industries impacted secondarily by PFAS.

Based on statewide sampling efforts, PFAS has been mostly identified in areas of industrial use of firefighting foams containing PFAS at airports, bulk fuel terminals, refineries, and when PFAS-containing mist suppressants have been used as part of plating processes. However, PFAS has also been identified in landfills and at wastewater treatment plants, because they are receiving PFAS secondarily in waste streams.

10.State Water Board efforts to manage PFAS issues in drinking water The DDW has issued several investigation orders
(https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/pfas_ddw_gen eral_order) to public water systems requiring testing for PFAS. Most recently, General Order DW 2024­0002­DDW (2024 Order) has been issued to public water systems for monitoring PFAS in community public water systems serving disadvantaged and severely disadvantaged communities. The purpose of this monitoring is to understand PFAS impacts on drinking water in these communities.

ATTACHMENT A
ITEM 4
9 California State Assembly Bill 756 (codified as Health and Safety Code section 116378) authorizes the State Water Board to more broadly order public water systems to monitor for PFAS and report their detections. Additional and more assessment might be required in the coming years.

In combination with investigating industrial sources, public water systems have been sampling wells in the vicinity of these areas per State Water Board General Order DW 2022-0001-DDW
(https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/pfas_ddw_gen eral_order/).

Additionally, the DDW has issued notification levels and response levels for four common PFAS compounds listed in Table 1. Additional notification and response levels could be issued in the future based on occurrence and recommendations from Office of Environmental Health Hazard Assessment (OEHHA) on the potential risks to human health.

Table 1. Four PFAS constituents with Notification and Response levels in nanograms per liter or parts per trillion.

PFAS Constituent Notification Level
(ng/L or ppt)
Response Level
(ng/L or ppt)
Perfluorobutanesulfonic acid (PFBS) 500 5,000
Perfluorohexanesulfonic acid (PFHxS) 3 20
Perfluorooctanesulfonic acid (PFOS) 6.5 40
Perfluorooctanoic acid (PFOA) 5.1 10

11.Notification level and Response level
Notification levels are health­based advisory levels established by the DDW for chemicals in drinking water that lack maximum contaminant levels (MCLs). When chemicals are found at concentrations greater than their notification levels, certain requirements and recommendations apply. The law’s notification requirements apply to:
- Wholesale water systems, who must notify their governing bodies and the water systems that are directly supplied with that drinking water. - Retail water systems, who must notify their governing bodies and the governing bodies of any local agencies (i.e., city or county, or a city and county) whose jurisdictions include areas supplied with their drinking water.

ATTACHMENT A
ITEM 4
10 - Wholesale and retail water systems regulated by the California Public Utilities Commission, who must also notify the commission.

Response level is the level at which DDW recommends removal of a drinking water source from service. When a confirmed detection exceeds the response level, a community water system or a nontransient noncommunity public water system is required to:
- Report that detection in the water system’s annual consumer confidence report.
- T
ake a water source where detected levels exceed the response level out of use or provide public notification (as specified in Health and Safety §116378) within 30 days of the confirmed detection.

12.PFAS Notification level or Response level exceedance requirements Currently, there are only four PFAS with notifications levels (refer to Table 1).

Additional notification levels could be established for other PFAS as more data and information become available.

If the water system voluntary samples the well and performs the analytical testing and the results of a PFAS detection are confirmed to exceed its respective notification level, the water system must report the detection within 30 days after the water system is first informed by the laboratory of a confirmed detection of the contaminant that exceeds the notification level.

For the 2024 Order, if the results of a PFAS detection are confirmed to exceed its respective notification level, the State Water Board will already have been notified of the results since the State Water Board’s contractor is performing the analytical testing. Therefore, the water system does not need to report the exceedance to the State Water Board.

If the results of a PFAS exceeds a response level, the water system must either (1) take the source out of service immediately; (2) utilize treatment or blending; or (3) provide public notification of the response level exceedance. Additionally, the exceedance of the response level must be reported in the annual consumer confidence report.

13.US EPA issuance of PFAS maximum contaminant levels (MCLs) for drinking water

ATTACHMENT A
ITEM 4
11 US EPA published the final federal PFAS Rule establishing the Maximum Contaminants Levels (MCLs) as part of the National Primary Drinking Water Regulation (NPDWR) per Safe Drinking Water Act for regulating drinking water contaminants on April 26, 2024. These levels are set using health-protective standards for the specific PFAS in drinking water, feasibility of laboratory analysis and treatment, and an analysis of the costs and benefits. Water systems must comply with monitoring and related reporting and public notification requirements.

Water systems must also follow the MCLs and provide public notification to consumers if the MCLs are violated. Table 2 presents the MCLs. For more information, visit EPA’s website at https://www.epa.gov/sdwa/and-polyfluoroalkyl- substances-pfas.

Table 2. PFAS constituents with EPA MCLs in nanograms per liter or parts per trillion.

Compound EPA MCL
PFOA 4.0 ppt
PFOS 4.0 ppt
PFHxS 10 ppt
PFNA 10 ppt

HFPO-DA
(commonly known as GenX Chemicals) 10 ppt
Mixtures containing two or more of PFHxS, PFNA,
HFPO-DA, and PFBS 1 (unitless) Hazard Index*
*USEPA established MCLs for PFAS mixtures containing at least two or more of PFHxS, PFNA, HFPO-DA, and PFBS using a Hazard Index MCL to account for the combined and co-occurring levels of these PFAS in drinking water. For more details about Hazard Index refer to the EPA’s factsheet at:
https://www.epa.gov/system/files/documents/2024-04/pfas-npdwr_fact- sheet_hazard-index_4.8.24.pdf

14.US EPA PFAS MCLs impact on California public water systems compliance In the final federal PFAS rule establishing MCLs for PFOA, PFOS, PFNA, PFHxS, PFBS, and HFPO-DA (Table 2), the initial monitoring period was set to 3 years (2027) and the compliance period was set to 5 years (2029) after the final rule is promulgated (April 26, 2024).

The DDW must evaluate whether the US EPA MCLs are protective of public health based on the uses of drinking water in California. If DDW is to set their own MCLs they must be equal to or more restrictive than the MCLs set by US EPA. California Health & Safety Code §116365(a) requires a contaminant's MCL

ATTACHMENT A
ITEM 4
12 to be established at a level as close to its Public Health Goal (PHG) as is technologically and economically feasible, placing primary emphasis on the protection of public health. PHGs are established by the Office of Environmental Health Hazard Assessment (OEHHA) and then adopted by the DDW.

ATTACHMENT A
ITEM 4
ITEM 4

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: August 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Chris Perry, Chief of Police
[email protected], (209) 538-5725
SUBJECT: Resolution No. 2024-XXX, Authorizing the Sale of Canine Banner to Officer Christian Izquierdo
RECOMMENDED COUNCIL ACTION:

Staf
f recommends t he City Council authorize the sale of canine Banner to Officer Christian Izquierdo.

I. BACKGROUND :

The Cer
es Police Canine unit currently has four (4) canine teams allotted to patrol. Each team consists of a canine handler and a dual -trained narcotics detection/apprehension canine. This allows us to have a canine working 22 hours a day, seven days a week.

One of t
he teams consists of Officer Christian Izquierdo and canine Banner. Banner is a five-year-old ( 5-year-old) Belgian Malinois. His handler, Officer Izquierdo, is in good standing with the department and has done a great job working with Banner over the past four (4) years. During this time, Banner has become a part of Officer Izquierdo’s family.

Due t
o the health deterioration from 2 knee replacement surgeries and a non-aggressive behavioral issue with canine Banner, staff recommends retiring him and replacing him with a new canine.

Office
r Izquierdo has expressed interest in purchasing Banner from the City of Ceres to keep as a pet. In the past, handlers have been offered the ability to purchase their retired canine partners for $1.00 (one dollar) U.S. currency. Staff proposes this same procedure for the retirement of canine Banner.

ITEM 5
II. REASONS FOR RECOMMENDATION:

Ca
nine Banner’s physical health has deteriorated due to having 2 full knee replacement surgeries from injuries sustained while working for the City of Ceres. Additionally, canine Banner has developed a non- aggressive behavioral issue that arises in high stress environments where he becomes confused and fails to engage.

T
his behavioral issue has been observed by Top Dog Training owner Ron Cloward. Mr.

Cloward’s business currently trains all Canine Handlers that are employed by the Ceres Police Department, as well as multiple other agencies in the area. Mr. Cloward agrees that this behavior renders canine Banner ineffective for police work and recommends he be retired. Therefore, it is recommended that canine Banner be retired and sold to Officer Izquierdo.

III. FISCAL IMPACTS:

I
f approved by the Council the city can agree to sell Officer Izquierdo the canine for $1.00 (one dollar). The purchase of a replacement canine will be budgeted in the 2025-26 fiscal budget year.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

A
pproval of this sale fulfills the strategic plan for Government Operations: “Provide quality services to meet community needs, assuring that the City has…well trained and properly equipped…staff.”
V. POLICY ALTERNATIVES:

I
f not approved by Council, the alternative is for the City of Ceres to retain possession of canine Banner until a decision can be made regarding his disposition. Due to the liability involved, canine Banner would need to be placed in a facility that specializes in long-term boarding and care of police canines. We currently use CR Ranch for boarding and the cost is $73.00 per day. These funds are not in the City’s 2024-25 fiscal budget.

VI. I NTERDEPARTMENTAL COORDINATION:

N
/A
V
II. PUBLIC PARTICIPATION:

N/
A
V
III. ENVIRONMENTAL REVIEW:

N/
A
I
X. STEPS FOLLOWING APPROVAL:

Upon approval, canine Banner will be retired from the City of Ceres Police Department and sold to Officer Christian Izquierdo for the purchase price of $1.00. All necessary ITEM 5
paperwork will be completed releasing liability from the City of Ceres. This release will include a statement that Banner is being sold to Officer Izquierdo as a pet and is not to be used as a working canine at another public or private organization.

A
pproved by: __________________
Douglas D. Dunford,
City Manager
A
ttachments:

1. Attachment A – Resolution

2. Attachment B – Agreement Regarding Retirement of Police Canine ITEM 5
ITEM 5

ATTACHMENT A
RESOLUTION NO. 2024-XXX
AUT

HORIZING THE SALE OF CANINE BANNER TO OFFICER CHRISTIAN

IZQUIERDO
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, Officer Christian Izquierdo is the current handler of canine Banner ; and
W
HEREAS, Banner has undergone two (2) knee replacement surgeries and is currently experiencing a non-aggressive behavioral issue that renders him ineffective for police work; and
W
HEREAS, Banner’s K9 trainer at Top Dog Training has recommended that he be retired; and
W
HEREAS, Banner has become a part of Officer Izquierdo’s family.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the sale of canine Banner to Officer Christian Izquierdo.

P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on this 12th day of August 2024, by the following vote:

AYES:

Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_______
_________________________
Javier Lopez, Mayor
ATTEST:
_______
_______________________
Fallon Martin, City Clerk
ITEM 5
ITEM 5

ATTACHMENT B

CITY OF CERES
2220 Magnolia Street
Ceres, CA 95307-3600
(209) 538-5751
AGR

EEMENT REGARDING RETIREMENT OF POLICE CANINE
Thi
s agreement is made this 12th day of August 2024, by and between the Police Department for the City of Ceres, hereinafter referred to as “City” and Christian Izquierdo.

1. Chr
istian Izquierdo is employed as an Officer for the City of Ceres and is currently the handler of police canine “ Banner.” Banner, a 5-year-old Belgian Malinois, has been suitably trained as a police canine but whose health has been deteriorating due to 2 knee replacement surgeries.

Additionally, Banner has recently developed some non -aggressive behavioral issues that prevent him from effectively working in a police K9 capacity.

2. The
City of Ceres is willing to transfer ownership of the said Malinois dog to Christian Izquierdo to be retired as a pet pursuant to certain terms and conditions as hereinafter set forth.

NOW
, WHEREFORE, in consideration of the mutual covenants made herein, the parties to this Agreement do hereby agree as follows:

1. The
City of Ceres does hereby sell and transfer canine Banner to Christian Izquierdo for the sum of one dollar ($1.00), receipt of which is hereby acknowledged, where the 5-year-old Malinois will be retired as a pet and shall not to be used as a working police canine for any government or private entity.

2. Chr
istian Izquierdo does hereby accept the transfer of the ownership of said dog and shall cause the ownership of the animal to be registered and titled in her name.

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1
Rosalinda L. Vierra, Dist.2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
ITEM 5

3. The City agrees that upon the transfer of the title of said dog to Christian Izquierdo , Christian Izquierdo will indemnify and hold harmless the said City of Ceres from any and all liability or claims from damages arising out of any event, act or disturbance involving the subject police dog, including attorney fees and court costs.

Da
ted: __________________________ Dated: _________________________ ________
________________________ _______________________________ Doug Dunford, City Manager Ch ris Perry, Police Chief
City of Ceres City of Ceres
AP
PROVED AS TO FORM: NEW OWNER:

Da
ted: ___________________________ Dated: _________________________ __
_______________________________________________ _______________________________________________ Nubia Goldstein, City Attorney Christian Izquierdo, Police Officer City of Ceres City of Ceres
ITEM 5

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: August 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael R. Beltran II, Director of Engineering [email protected], (209) 538-5775
SUBJECT:

Resolution No. 2024-XXX, Ratifying the Application to the State of California, California Transportation Committee, for the Active Transportation Program Cycle 7 Grant to Reimburse up to One Hundred Percent ( 100%) of the Design and Construction of Sidewalks, Curb, Gutter, and Access Ramps in the Remaining Portions of the Morrow Village Subdivision
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council ratify submission of application to the State of California, California Transportation Committee, for the Active Transportation Program Cycle 7 Grant to reimburse up to one hundred percent (100%) of the design and construction of sidewalks, curb, gutter, and access ramps in the remaining portions of the Morrow Village Subdivision.

I. BACKGRO UND:

The Active Transportation Program was created by Senate Bill 99 to encourage increased use of active modes of transportation, such as walking and biking.

The Active Transportation Program consolidated various transportation programs into a single program and was originally funded at about $123 million a year from a combination of state and federal funds. The goals of the ATP include, but are not limited to, increasing the proportion of trips accomplished by walking and biking, increasing the safety and mobility of non- motorized users, advancing efforts of regional agencies to achieve greenhouse gas reduction goals, enhancing public health, and providing a br oad spectrum of projects to benefit many types of users including disadvantaged communities.

In 2017, the Legislature passed and the Governor signed Senate Bill (SB) 1, also known as the Road Repair and Accountability Act. SB 1 directs $100 million annually from the Road Maintenance and Rehabilitation Account to the ATP, significantly augmenting t he available funding for this popular program.

ITEM 6
The Engineering Department has been able to install sidewalks on Garrison Street and Rose Avenue with CDBG funding. The remaining CDBG funds from the first two (2) phases have been transferred in a prior council action and will be used in addition to this grant funding.

II. RE ASONS FOR RECOMMENDATIO N:

During fiscal year 202 4-25 the Engineering Department planned to complete another small section (Eloise Avenue) of the Morrow Village Subdivision. This stretch would install approximately 1,300 lineal feet of sidewalk. While small progress within the subdivision would be another step toward full completion, it would take years at that pace. The ATP grant will allow the Engineering Department to design the remaining 4.4 miles of sidewalk, 1,300 lineal feet of bike lanes, and bulb outs for traffic calming. In addition to the project, staff consulted with StanCOG and Caltrans on- site in order to gain their support for the project. The amount of the grant is approximately $8,700,000.

Due to staff oversight, the ATP Grant application was submitted prior to when the staff report could be presented to Council.

III. F ISCAL IMPACTS :

ATP grants, if awarded, is on a reimbursement basis. Consequently, pooled cash would be used and then reimbursed as staff sends invoices to the State.

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

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

V. PO
LICY ALTERNATIVES:

N/A
VI. I NTERDEPARTMENTAL COORDINATION:

N/A
VII. P UBLIC PARTICIPATION:

N/A
VIII. EN VIRONMENTAL 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.

ITEM 6
Appr
oved by: ___________________
Douglas D. Dunford,
City Manager
At
tachments:

1. Attachment A – Resolution
ITEM 6
ITEM 6

ATTACHMENT A
RESOLUTION NO. 2024-XXX
RATI

FYING THE APPLICATION TO THE STATE OF CALIFORNIA,

CALIFORNIA TRANSPORTATION COMMITTEE, FOR THE ACTIVE
TRANSPORTATION PROGRAM CYCLE 7 GRANT TO REIMBURSE UP
TO ONE HUNDRED PERCENT (100%) OF THE DESIGN AND

CONSTRUCTION OF SIDEWALKS, CURB, GUTTER, AND ACCESS

RAMPS IN THE REMAINING PORTIONS OF THE MORROW VILLAGE

SUBDIVISION
THE

CITY COUNCIL
City of Ceres
WH
EREAS, The Active Transportation Program was created by Senate Bill 99 to encourage increased use of active modes of transportation, such as walking and biking ; and
WHEREAS, the City of Ceres is a disadvantaged community; and WH
EREAS, the City has applied for $8,700,000 in funding from the program ’s Cycle 7; and
WH
EREAS, the Engineering Department has a regular need for grant funding to complete engineering projects throughout the City.

NOW,
THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby ratify the application to the State of California, California Transportation Committee, for the Active Transportation Program Cycle 7 grant to reimburse up to one hundred percent (100%) of the d esign and construction of sidewalks, curb, gutter, and access ramps in the remaining portions of the Morrow Village Subdivision.

PAS
SED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of August 2024, by the following vote:

AYES: Counc
ilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________
____________________
Javier Lopez, Mayor
ATTEST:
____________
____________________
Fallon Martin, City Clerk
ITEM 6
ITEM 6

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: August 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT:

Michael R. Beltran II, P.E. Director of Engineering Services/City Engineer
[email protected], (209) 538-5775
SUBJECT:

Resolution No. 2024-XXX , Approving the Professional Services Agreement b etween the City of Ceres and O’Dell Engineering a Westwood Company f or the Design Services of th e ATPL -5241 (081) Pedestrian Safety on Central Avenue and Hackett Road Corridor Project (New Project String) , Approving a 10% Contingency, and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

St
aff recommends that the City Council adopt a resolution authorizing the Professional Services Agreement for Consultant Services between the City of Ceres and O’Dell Engineering, a Westwood Company, for the Design Services of the Pedestrian Safety on Central Avenue and Hackett Road Corridor Project in the amount of $480,947.85, with a ten percent (10%) contingency of $48,094.79, and authorize the City Manager to execute the contract.

I. BACKGRO
UND:

The p
roject goal is to provide dedicated pathways for students, families, and residents to walk and bike to their destination areas safely. Active modes of transportation are vital to this heavily disadvantaged community, as walking to their neighborhood schools and local businesses is their only option. The proposed improvements will support existing active users and encourage increased walking and biking in the community. The project location is on Central Avenue from Service Road to Hackett Road and Hackett Road from Blaker Road to Central Avenue.

II. REASONS FOR RECOMMENDATION
:

Key elements of the project include 1,700 LF of gap sidewalk infill at five areas along the Central Avenue and Hackett Road corridor (approximately 1 mile). To improve the visibility of pedestrians and bicyclists and increase safety, curb ramp bulb- outs will be ITEM 7
installed at several intersections, added safety lighting, high visibility crosswalk striping, new Class II bike lanes, and the installation of radar speed signs. Other improvements include the removal of power poles that impede mobility and the improvement of existing sidewalks and ramps for better accessibility. Improvements will directly benefit students and families who travel to the three neighboring schools and the adjacent active residential community who travel along these corridors to reach many other destination areas in the City.

The request for Statements of Qualifications was solicited to any interested Civil Engineering firms on May 15
th, 2024, with proposals due on June 13 th, 2024. Two (2) consultants submitted proposals to the City for consideration, and upon review, staff negotiated the scope and cost with the highest -ranked firm, O’Dell Engineering, a Westwood Company.

III. F
ISCAL IMPACTS :

The City applied for an Active Transportation Program Grant for the project on June 15, 2022. The City was awarded the grant in the amount of $2,495,000 with the following breakdown:

$ 80,000 – Project Approval and Environmental Document $ 213,000 – Plans Specifications and Estimates
$ 637,000 – Right of Way Services and Acquisition
$1,565,000 – Construction

In addition to the grant award the City is responsible for $117,000 and any other overages during the project. These funds should be allocated from Measure L.

The $2,495,000 should be allocated in account number 26895.800500 (New Project String).

This project should be given a new project string, a budget amendment is necessary to fund the project in the amount of $2,495,000.00 added to account number 26895.800500 (New Project String) and $117,000 added to account number 27195.800500 (New Project String) covering PA&ED, PS&E, ROW and construction. The contract amount for design services is $ 480,947.85, plus $48,094.79 for contingency, totaling $529,042.64. The following account/amounts will be utilized:

26895.800500 (New Project String) - $529,042.64
IV. EXI
STING POLICY/RELATIONSHIP TO THE STRATEGIC PLAN :

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

V. PO
LICY ALTERNATIVES:

The City Council can choose to direct staff to reject the proposal and re -post the project or reject the proposal and eliminate the project.

ITEM 7
VI. INTERDEPARTMENTAL COORDINATION:

The project has been coordinated with the Public Works Department.

VII. P UBLIC PARTICIPATION:

Public participation is not planned during the review of the final design.

VIII. EN VIRONMENTAL REVIEW :

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

IX. STEPS FOLLOWING APPROVAL:

The City Manager executes t he Professional Services Agreement, and the Finance Director makes the appropriate accounting entries to fund the contract.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Agreement

3. Attachment C – Budget Amendment
ITEM 7
ITEM 7

ATTACHMENT A

RESOLUTION NO. 2024-XXX

APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH
O’DELL ENGINEERING A WESTWOOD COMPANY FOR THE DESIGN
SERVICES OF THE ATPL-5241 (081) PEDESTRAIN SAFETY ON

CENTRAL AVENUE AND HACKETT ROAD CORRIDOR PROJECT
(NEW PROJECT STRING), APPROVING A 10% CONTINGENCY, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, a total of two (2) proposals for the design contract for ATPL -5241 (081) Pedestrian Safety on Central Ave and Hackett Road Corridor Project were received on June 13th, 2024; and

WHEREAS, a review of the proposals from the evaluation panel identified O’Dell Engineering, a Westwood Company, as the best -qualified consultant to perform the work; and

WHEREAS, the project for the for ATPL-5241 (081) Pedestrian Safety on Central Ave and Hackett Road Corridor Project was not programmed in the Capital Improvement Budget and will be inserted into the program; and

WHEREAS, the City will receive Active Transportation Program Grant funding, via reimbursement, in the amount of $2,495,000 for the ATPL -5241 (081) Pedestrian Safety on Central Ave and Hackett Road Corridor project; and

WHEREAS, the Finance department will create a new project string for the ATPL-5241 (081) Pedestrian Safety on Central Ave and Hackett Road Corridor project; and

WHEREAS, a budget amendment in the amount of $2,495,000 will be appropriated to account number 26895.800500 (New Project String); and

WHEREAS, a budget amendment from Measure L Local in the amount of $117,000 will be appropriated to account number 27195.800500 (New Project String) ; and

WHEREAS, a design fee in the amount of $480,947.85 has been deemed appropriate for the scope of work.

WHEREAS, a design contingency in the amount of ten percent or $48,094.79 is necessary and appropriate to accommodate any unforeseen costs bringing the total design authorization to $529,042.34.

ITEM 7

ATTACHMENT A

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the professional services agreement with O’Dell Engineering a Westwood Company for the design services of the for ATPL-5241 (081) Pedestrian Safety on Central Avenue and Hackett Road Corridor Project (new project string) , approves a 10% contingency, 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 12th day of August 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk

ITEM 7

CITY OF CERES

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into by and between the City of Ceres, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 2220 Magnolia Street, Ceres, California 95307 ("City"), and Westwood Professional Services, Inc., a Texas corporation with its principal place of business at 2805 North Dallas Parkway, Ste. 150, Plano Tx. 75093 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

RECITALS
A. City is a public agency of the State of California and needs professional services for the following project:

PROJECT APPROVAL, ENVIRONMENTAL DOCUMENTS, AND

ENGINEERING SERVICES FOR THE CENTRAL A VENUE AND HACKETT

ROAD PEDESTRIAN SAFETY
B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A."

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the fee set forth in Exhibit "8" In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $480,947.85. This amount is to cover all related costs, and the City will not pay any additional fees for additional expenses.

Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
b. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
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ITEM 7
Budget Amendment No.

Fiscal Year
Reference Resolution No . , dated authorizing appropriations for as follows:

Appropriations:

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

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

ITEM 7
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: August 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Chris Perry, Chief of Police
[email protected], (209) 538-5726
SUBJECT:

Resolution No. 202 4-XXX, Approving a Three -Year Operational Agreement with the Stanislaus County District Attorney’s Office for the County-Wide Victim Assistance Program and Authorizing the Chief of Police to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council approve a three- year Operational Agreement with the Stanislaus County District Attorney’s Office for the County-wide Victim Assistance Program and authorizing the Chief of Police to execute the agreement.

I. BACKGRO UND:

In 20
12 the Stanislaus County District Attorney’s Office established the Victim Assistance Program for the purpose of coordinating services with local law enforcement agencies in order to provide maximum available assistance for crime victims residing in Stanislaus County. Ceres Police Department has participated in this program since its inception.

The g
oals of the Victim Assistance Program are:
• To reduce trauma and ensure sensitive treatment for crime victims throughout the criminal justice process.
• To ensure that crime victims are an integral part of the case in which they are involved.
• To sensitize law enforcement officials, criminal justice personnel and the community to victims’ needs.

Eac
h agency that participates in the Victim Services Program agrees to coordinate with or provide the following services to the District Attorney’s Office:
• Be available for training, outreach, telephone consultation, case review, and legal opinions meetings at mutually agreed upon times and places. • Information sharing and identification/allocation of resources.

ITEM 8
• Provide police reports of applicable crim es to the Victim Services Program, staff for follow -up and provision of services to victims of crime, with or without an identified suspect.
• Identify unmet needs and gaps in victim services.
• Provide technical assistance, as needed.

II. RE ASONS FOR RECOMMENDATIO N:

Participating in the Stanislaus County District Attorney’s Victim Services Program ensures a well-coordinated, county-wide law enforcement program to provide assistance to those residents in our city and county who have been victims of a crime. By working t ogether, combining forces and coordinating efforts, information and personnel, communication between agencies is fostered for the benefit of the entire County and its citizens. This current agreement will be effective from January 1, 2025 through December 31, 2027.

Due to Grant application deadlines, the District Attorney’s Office must work several months in advance of the effective date.

III. F
ISCAL IMPACTS :

None. The District Attorney’s Office uses Grant money to fund this program.

IV. E XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN :

Approval of this Agreement aligns with the City’s Strategic Plan to “provide quality services to meet community needs, assuring that the City has helpful, well trained, properly equipped and sufficient staff who partners with other public agencies to provide efficient services.”
V. P
OLICY ALTERNATIVES :

Council could choose to not approve the three-year Operational Agreement. Ceres Police Department would be solely responsible for providing assistance to any and all of our residents who are victims of crimes. There would be no coordination with the Distri ct Attorney’s Office.

VI. I
NTERDEPARTMENTAL COORDINATION:

N/A
VII. P UBLIC PARTICIPATION:

N/A
VIII. EN VIRONMENTAL REVIEW :

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval the Chief of Police will execute the three- year Operational Agreement with the Stanislaus County District Attorney’s Office.

ITEM 8

Approved by: __________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Operational Agreement
ITEM 8
ITEM 8

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING A THREE-YEAR OPERATIONAL AGREEMENT WITH THE

STANISLAUS COUNTY DISTRICT ATTORNEY'S OFFICE FOR THE COUNTY-WIDE

VICTIM ASSISTANCE PROGRAM AND AUTHORIZING THE CHIEF OF POLICE TO

EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres, California

WHEREAS, in 2012, the Stanislaus County District Attorney’s Office established the Victim Assistance Program to provide maximum available assistance for crime victims residing in Stanislaus County; and

WHEREAS, this program allows participating law enforcement agencies to coordinate services with the Stanislaus County District Attorney’s Office on behalf of Ceres residents who have been victims of crime; and

WHEREAS, this coordinated effort and sharing of information and personnel fosters communication between agencies for the benefit of the entire County and its citizens; and

WHEREAS, there is no cost for the Ceres Police Department to participate in this program.

NOW, THEREFORE, BE IT RESOLVED , that the City Council of the City of Ceres does hereby approve a three- year Operational Agreement with the Stanislaus County District Attorney’s Office for the County -Wide Victim Assistance Program and authorizes the Chief of Police to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12
th day of August 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Fallon Martin, City Clerk

ITEM 8
ITEM 8

ATTACHMENT B
ITEM 8

ATTACHMENT B
ITEM 8

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: August 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Delilah Vasquez, Human Resources Director
[email protected], (209) 538-5772
SUBJECT:

Resolution No. 202 4-XXX, Ratifying the Memorandum of
Understanding between the City of Ceres and Laborers’
International Union of North America (LiUNA!) and Authorizing the City Manager to Execute the Memorandum of Understanding RECOMMENDED COUNCIL ACTION:

S
taff recommends the City Council ratify the Memorandum of Understanding with the Laborers’ International Union of North America (LiUNA!) to be effective August 12, 2024.

I. BACKGRO UND:

T
he Memorandum of Understanding with LiUNA! expired on June 30, 2024. The City’s negotiating team has been meeting with the group since April, and under the parameters set by the City Council.

II. REASONS FOR RECOMMENDATION
:

The City has reached agreement on all terms and conditions of employment with LiUNA! (A
ttachment B). On July 26, 2024, tentative agreement was ratified by this Group. The main provisions of the MOU agreement are as follows:

T
erm
• Term – One Year, expiration June 30, 2025.

W
age Increase:
• An 8% wage increase the first full pay period following ratification and council approval.

E
quity Adjustment
• An additional 4% equity adjustment the first full pay period following ratification and council approval for the following classifications:

ITEM 9
o Public Safety Dispatcher I/II
o Senior Public Safety Dispatcher
o Wastewater Operator I/II
o Senior Wastewater Operator
o Water Distribution Operator I/II
o Senior Water Distribution Operator

Longevity Pay
• Bargaining unit members with ten (10) or more continuous years of full -time City service shall be eligible for an additional 5% wage increase.

Boot Allowance:
• Increased the annual boot allowance to $250.00.

Health Benefits
• Effective January 1, 2025, the City shall contribute the following amounts toward the combined premiums to medical, dental, and vision on a semi-monthly basis:
• $405 semi -monthly ($810 monthly) for employees enrolled in Employee Only medical coverage.
• $800 semi -monthly ($1,600 monthly) for employees enrolled in Employee + 1 medical coverage.
• $1,125 semi -monthly ($2,250 monthly) for employees enrolled in Employee + Family (more than one dependent) medical coverage.

Elimination of Voluntary Benefits
• $50 semi-monthly over 24 pay periods eliminated.

III. F
ISCAL IMPACTS :

The estimated cost to the city is approximately $ 791,597 and will require a budget amendment of $143,206.77. Of this amount, $648,390.09 was included in the Fiscal Year 2024-2025 Budget, and the remaining $143,206.77 will be appropriated from various funds outlined in the budget amendment.

IV. E XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN :

Government operations: Provide quality services to meet community needs, assuring that the City has helpful, well trained, properly equipped, and sufficient staff who partners with other public agencies to provide efficient services.

V. P
OLICY ALTERNATIVES :

Council can choose not to approve the contract.

VI. I NTERDEPARTMENTAL COORDINATION:

N/A
VII. P UBLIC PARTICIPATION:

N/A
ITEM 9
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOL LOWING APPROVAL:

Upon approval, the City Manager will sign the agreement and the conversion process will begin. The Human Resources Department will handle the conversion and coordinate updates to the City’s website as appropriate.

Appr
oved by: ____________________
Douglas D. Dunford,
City Manager
Atta
chments:

1. Attachment A – Resolution

2. Attachment B – Tentative Agreement

3. Attachment C – Memorandum of Understanding

4. Attachment D – Budget Amendment
ITEM 9
ITEM 9

ATTACHMENT A
RESOLUTION NO. 2024-XXX

RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF CERES AND LABORERS’ INTERNATIONAL UNION OF
NORTH AMERICA (LiUNA!) AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE MEMORANDUM OF UNDERSTANDING

THE CITY COUNCIL
City of Ceres

WHEREAS, the Memorandum of Understanding between the City of Ceres and Laborers’ International Union of North America expired on June 30, 2024; and

WHEREAS, the City’s negotiating team and Laborers’ Union of North America have met and conferred regarding terms and conditions of employment, reaching tentative agreement as set forth in “Attachment B” hereto attached; and

WHEREAS, the Parties have executed the Memorandum of Understanding as set forth in “Attachment C” hereto attached; and

WHEREAS, the terms of said agreement require a budget amendment as set forth in “Attachment D” hereto attached.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby ratify the Memorandum of Understanding between the City of Ceres and Laborers’ International Union of North America (LiUNA!) and authorizes the City Manager to execute the Memorandum of Understanding between the Parties.

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 12
th day of August 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 9
ITEM 9
THE CITY OF CERES AND LABORERS’ INTERNATIONAL UNION
OF NORTH AMERICA (LiUNA!) SUCCESSOR AGREEMENT
07/26/24
1) Term – 1 Year, expiration June 30, 2025.

2) Wage Increase:
• 8% upon ratification and council approval the first full pay period following ratification and council approval.
3) Equity Adjustment:
• Additional 4% equity adjustment the first full pay period following ratification and council approval for the following classifications:
o Public Safety Dispatcher I/II
o Senior Public Safety Dispatcher
o Wastewater Operator I/II
o Senior Wastewater Operator
o Water Distribution Operator I/II
o Senior Water Distribution Operator

4) Longevity Pay
• Bargaining unit members with ten (10) or more continuous years of full-time City service shall be eligible for an additional 5% wage increase.

5) Boot Allowance
• Increased up to $250.00 per year.

6) Health Benefits
• Effective January 1, 2025, the City shall contribute the following amounts to toward the combined premiums for medical, dental, and vision on a semi-monthly basis:
o $405 semi-monthly ($810 monthly) for employee enrolled in Employer-Only medical coverage.
o $800 semi-monthly ($1,600 monthly) for employees enrolled in Employee + 1 medical coverage.
o $1,125 semi-monthly ($2,250 monthly) for employees enrolled in Employee + Family (more than one dependent) medical coverage.

7) Elimination of Voluntary Health Benefits
• $50 semi-monthly over 24 pay periods eliminated.

ATTACHMENT B
ITEM 9
ITEM 9
Memorandum of
Understanding Between
City of Ceres and
Miscellaneous Bargaining
Unit
2024
EFFECTIVE THROUGH JUNE 30, 2025
CITY OF CERES|

ATTACHMENT C
ITEM 9

Contents
ARTICLE I ................................................................................................................................................... 8 Section 1.1 Recognition of Union .................................................................................................. 8 Section 1.2 Union Orientation ........................................................................................................ 8 Section 1.3 Responsibility to Consult or Negotiate .................................................................... 8 Section 1.4 Emergency Implementation ...................................................................................... 8 Section 1.5 Union Security ............................................................................................................. 9 Section 1.6 Dues Deduction .......................................................................................................... 9 Section 1.7 Business Representatives ........................................................................................ 9 Section 1.8 Selection and Notification of Shop Stewards ......................................................... 9 Section 1.9 Shop Steward Responsibilities ............................................................................... 10 Section 1.10 Non-Discrimination for Union Business ................................................................ 10 ARTICLE II ................................................................................................................................................ 10 Section 2.1 City Rights ................................................................................................................. 10 Section 2.2 Temporary/Contracts Workers ................................................................................ 10 ARTICLE III ............................................................................................................................................... 11 Section 3.1 Probationary Period, Extension, Termination, Regular Appointment ............... 11 Section 3.2 Probation Upon Promotion or Transfer ................................................................. 11 Section 3.3 Right to Former Position .......................................................................................... 12 Section 3.4 Preference points for Employees ........................................................................... 12 Section 3.5 Seniority ..................................................................................................................... 12 Section 3.6 Reduction in Force ................................................................................................... 12 Section 3.7 Emergency Appointments ....................................................................................... 13 Section 3.8 Extension of Re-Employment List .......................................................................... 13 ARTICLE IV ............................................................................................................................................... 13 Section 4.1 Class Titles and Wages ........................................................................................... 13 Section 4.2 Salary Adjustments .................................................................................................. 13 Section 4.3 Longevity Pay............................................................................................................ 14 Section 4.4 Performance Evaluations ........................................................................................ 14 Section 4.5 Salary Administration ............................................................................................... 14 Section 4.6 Salary Steps .............................................................................................................. 14 a. Step A or 1 ................................................................................................................................. 14

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b. Step B or 2................................................................................................................................. 15 c. Step C or 3 ................................................................................................................................ 15 d. Step D or 4 ................................................................................................................................ 15 e. Step E or 5................................................................................................................................. 15 Section 4.7 Service Defined ........................................................................................................ 15 Section 4.9 Certificate Pay ........................................................................................................... 15 Section 4.10 Bilingual Pay ................................................................................................................. 15 Section 4. 11 Exemplary Performance Salary Increase; Promotion/Demotion Salary Adjustments........................................................................................................................................... 16 Section 4.12 Computation of Salary Earned ................................................................................... 16 Section 4.13 Pay Periods ................................................................................................................... 16 Section 4.14 Salary Upon Termination ............................................................................................ 16 Section 4.15 Statement of Earnings ................................................................................................. 17 ARTICLE V ................................................................................................................................................ 17 Section 5.1 Work Week Defined ................................................................................................. 17 Section 5.2 Work Period for Dispatch and Street Crimes Unit-assigned Crime Analyst/Crime Scene Technician ....................................................................................................... 17 Section 5.3 Dispatch Shifts Defined ........................................................................................... 18 Section 5.4 Shifts Defined for other than Dispatch Positions & Shift Differentials .............. 19 Section 5.5 Shift Trades – Dispatch Only .................................................................................. 19 Section 5.6 Overtime Provisions ................................................................................................. 20 Section 5.7 Stand-by ..................................................................................................................... 20 Section 5.8 Stand-by Compensation .......................................................................................... 21 a. Night/Weekend Standby: ........................................................................................................ 21 b. Holiday Standby: ...................................................................................................................... 21 Section 5.9 Call Back (Not on Standby)..................................................................................... 21 Section 5.10 Time Off After Overtime Work .................................................................................... 22 Section 5.11 Right to Contact Residence .................................................................................... 22 Section 5.12 Out of Class Assignment ......................................................................................... 22 Section 5.13 Clean Up Prior to Quitting Time ............................................................................. 23 Section 5.14 Workload .................................................................................................................... 23 Section 5.15 Alternate Work Programs ........................................................................................ 23 ARTICLE VI ............................................................................................................................................... 23

ATTACHMENT C
ITEM 9

Section 6.1 Rest Periods .............................................................................................................. 23 Section 6.2 Lunch Periods ........................................................................................................... 24 ARTICLE VII .............................................................................................................................................. 24 Section 7.1 Protective Clothing ................................................................................................... 24 Section 7.2 Welding Equipment .................................................................................................. 24 Section 7.3 City to Furnish Tools................................................................................................. 24 Section 7.4 Public Safety Uniforms ............................................................................................ 25 Section 7.5 Uniform Services ...................................................................................................... 25 ARTICLE VIII ............................................................................................................................................. 25 Section 8.1 Protective Safety Clothing ....................................................................................... 25 Section 8.2 Safety Glasses .......................................................................................................... 25 Section 8.3 Safety Devices & Equipment .................................................................................. 25 Section 8.4 First Aid Equipment and Emergency Medical Care ............................................ 26 Section 8.5 Applicable Safety Standards................................................................................... 26 Section 8.6 Determination of Unsafe Conditions ...................................................................... 26 Section 8.7 No Retaliation for Safety Requests ....................................................................... 26 Section 8.8 Hazardous Chemical Clothing ................................................................................ 26 ARTICLE IX ............................................................................................................................................... 26 Section 9.1 Sick Leave ................................................................................................................. 26 Section 9.2 Sick Leave Accrual ................................................................................................... 27 Section 9.3 Sick Leave Compensation ...................................................................................... 27 Section 9.4 Sick Leave Deduction .............................................................................................. 27 Section 9.5 Illness during Vacation Leave ................................................................................. 27 Section 9.6 Holiday during Sick Leave ...................................................................................... 28 Section 9.7 Earned Vacation, CTO and Holiday as Sick Leave ............................................. 28 Section 9.8 Sick Leave Conversion/Pay Options ..................................................................... 28 Section 9.9 Sick Leave for State Disability Claims ................................................................... 28 Section 9.10 Family Medical Leave .............................................................................................. 29 Section 9.11 Maternity Leave ........................................................................................................ 29 Section 9.12 Physician's Statement ............................................................................................. 29 Section 9.13 Medical Leave Without Pay\Extended Medical Leave........................................ 29 Section 9.14 Military Leave ............................................................................................................ 30

ATTACHMENT C
ITEM 9

Section 9.15 Bereavement Leave ................................................................................................. 30 Section 9.16 Leave Without Pay ................................................................................................... 31 Section 9.17 Relief of Duty/Administrative Leave....................................................................... 31 Section 9.18 Court Leave ............................................................................................................... 31 Section 9.19 Pay for Court Duty .................................................................................................... 32 Section 9.20 Attendance at Training ............................................................................................. 32 Section 9.21 Reasonable Accommodation and Return to Work .............................................. 32 ARTICLE X ................................................................................................................................................ 32 Section 10.1 Paid Holidays ............................................................................................................ 32 Section 10.2 Religious Holidays .................................................................................................... 33 Section 10.3 Pay for Holidays ........................................................................................................ 33 Section 10.4 Holidays Observed on Leave ................................................................................. 33 Section 10.5 Saturday/Sunday Holidays Observed ................................................................... 33 Section 10.6 Vacation Accrual ....................................................................................................... 34 Section 10.7 Vacation Conversion ................................................................................................ 34 Section 10.8 Maximum Vacation Benefit Accumulated.............................................................. 34 Section 10.9 Years of Service Defined ......................................................................................... 34 Section 10.10 Pro-Rated Vacation Benefits .................................................................................. 34 Section 10.11 Vacation Scheduling ................................................................................................ 35 ARTICLE XI ............................................................................................................................................... 35 Section 11.1 Use of Accrued Leave .............................................................................................. 35 Section 11.2 Pay on Day of Injury ................................................................................................ 35 Section 11.3 Accrual of Benefits .................................................................................................. 35 Section 11.4 Disability Retirement ............................................................................................... 35 ARTICLE XII .............................................................................................................................................. 36 Section 12.1 Payment of Laborers’ Health and Welfare Premiums ......................................... 36 Section 12.2 Acceptance of Trust Agreement ............................................................................. 36 Section 12.3 Health Benefits.......................................................................................................... 37 ARTICLE XIII ............................................................................................................................................. 38 Section 13.1 Definition of Retirement ........................................................................................... 38 Section 13.2 Retirement Contribution .......................................................................................... 39 Section 13.3 Payment of Sick Leave Upon Retirement ............................................................. 39

ATTACHMENT C
ITEM 9

Section 13.4 Deferred Compensation and Retiree Benefits ..................................................... 39 ARTICLE XIV ............................................................................................................................................ 40 Section 14.1 Removal of Discipline .............................................................................................. 40 Section 14.2 Reasons for Discharge ............................................................................................ 40 Section 14.3 Discipline Procedures .............................................................................................. 40 a. Written Notice: .......................................................................................................................... 40 b. Employee Review: ................................................................................................................... 40 c. Employee Response and Appeal to Department Hearing Officer: ................................... 40 d. Administrative Leave: .............................................................................................................. 41 e. Discipline Imposed: .................................................................................................................. 41 Section 14.4 Discipline Appeal to Arbitration ............................................................................... 41 a. Appeal Procedure. ................................................................................................................... 41 b. Selection of Arbitration. ........................................................................................................... 42 c. Arbitrator’s Jurisdiction. ........................................................................................................... 42 e. Arbitration Expenses. ............................................................................................................... 42 ARTICLE XV ............................................................................................................................................. 42 Section 15.1 Definition .................................................................................................................... 42 Section 15.2 Grievances Not Considered .................................................................................... 43 Section 15.3 Provisions of the Grievance Procedure ................................................................ 43 a. Presentation of Grievance: ..................................................................................................... 43 b. Timely Presentation: ................................................................................................................ 43 c. Prescribed Form: ...................................................................................................................... 43 d. Employee Representative: ...................................................................................................... 43 e. Hours: ......................................................................................................................................... 43 f. Time Limitations:....................................................................................................................... 44 g. Consolidation of Grievances:.................................................................................................. 44 h. Settlement: ................................................................................................................................ 44 i. Reprisal: ..................................................................................................................................... 44 Section 15.4 Grievance Procedure Steps .................................................................................... 44 a. Step 1. Discussion with Immediate Supervisor. .................................................................. 44 b. Step 2. Written Grievance to Immediate Supervisor. .......................................................... 44 c. Step 3. Written Appeal to Designated Department Appeal Officer. .................................. 44

ATTACHMENT C
ITEM 9

d. Step 4. Written Grievance to the Department Head. .......................................................... 45 Section 15.5 Arbitration .................................................................................................................. 45 a. Appeal Procedure. ................................................................................................................... 45 b. Selection of Arbitrator. ............................................................................................................. 45 c. Arbitrator’s Jurisdiction. ........................................................................................................... 45 d. Fees and Expenses of Arbitration. ......................................................................................... 46 Section 15.6 Grievance Hearing ................................................................................................... 46 ARTICLE XVI ............................................................................................................................................ 46 Section 16.1 No Cessation of Work .............................................................................................. 46 Section 16.2 Bulletin Boards .......................................................................................................... 46 Section 16.3 Tuition Reimbursement............................................................................................ 47 Section 16.4 Severability & Replacement of Illegal Clause ...................................................... 47 Section 16.5 Open and Promotional Positions ........................................................................... 47 ARTICLE XVII ........................................................................................................................................... 47 Section 18.1 Term of Agreement ................................................................................................... 47 ATTACHMENT A ...................................................................................................................................... 49 ATTACHMENT B ...................................................................................................................................... 51

ATTACHMENT C
ITEM 9

LABOR AGREEMENT

CITY OF CERES AND MISCELLANEOUS BARGAINING UNIT

This Agreement is by and between the CITY OF CERES, hereinafter referred to as the City, and the NORTHERN CALIFORNIA DISTRICT COUNCIL OF LABORERS’ and its affiliate,

CONSTRUCTION, PRODUCTION, AND MAINTENANCE LABORERS' LOCAL UNION, AFL:CIO, #1130 hereinafter referred to as the Union representing members of the Miscellaneous Bargaining Unit.

ARTICLE I

UNION RECOGNITION

Section 1.1 Recognition of Union

The City shall recognize the Union as the sole representative for collective bargaining purposes for all probationary and regular full-time and regular part-time employees designated as members of the Miscellaneous Bargaining Unit in the City, listed in Attachment “A”. This Agreement shall specifically exclude employees of the Police Officer’s Association, members of the Ceres Firefighter's Association, Mid- Management and Confidential Employees, and employees represented by the First Line Supervisors Association, and all seasonal, temporary, and non-regular part-time employees.

Section 1.2 Union Orientation

The City shall give the Union a minimum of two business days’ notice prior to the orientation of a new bargaining unit member. The City agrees to notify the Union of new employee(s) whose position are assigned to the Miscellaneous Barraging Unit in the City, listed in Attachment “A”. This agreement shall specifically exclude employees of the Police Officer’s Association, members of the Ceres Firefighter’s Association, Mid- Management and Confidential Employees, and employees represented by the First Line Supervisors Association, and all seasonal, temporary, and non-regular part-time employees.

Section 1.3 Responsibility to Consult or Negotiate

It is further recognized that this Agreement is not all inclusive and the fact that certain working conditions have not been specifically covered in the Agreement does not alleviate the responsibility of either party to consult or negotiate with the other in accordance with legal requirements.

Section 1.4 Emergency Implementation

Whenever practicable, the City shall initiate meet and confer sessions with the Union concerning the impact of an emergency prior to implementing modifications to this Agreement.

When an emergency has been declared, either party may serve notice on the other that it desires to meet and confer concerning the impact of the emergency upon the Agreement.

ATTACHMENT C
ITEM 9

The responding party shall have five (5) working days from receipt of notice to respond to the request to meet and negotiate. The parties shall make all reasonable efforts to meet as soon as possible when meet and confer has been agreed to.

Section 1.5 Union Security

The City agrees not to interfere with the right of its employees covered by this Agreement to become members of the Union. There shall be no discrimination, interference, restraint, or coercion by the City or any of its agents against any employee because of membership in the Union. The Union shall be limited to activities pertaining directly to the employer -employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and organizational meetings and elections, and shall not interfere with the efficiency, safety, and security of the City operations.

Section 1.6 Dues Deduction

a. Upon receipt of assignment forms requested by the employee, the City agrees that it will deduct each month, uniformly required monthly Union dues, initiation fees, and lawful assessments. The City will make all deductions in the event an employee quits or is discharged before final payment of such employee. Amounts so deducted will be forwarded to the Union by the fifteenth (15th) day of the month along with the remittance copy of the invoice listing the names of the employees from whose pay the dues, initiation fees, and lawful assessments have been deducted. Upon request from the Union Business Agent, the City will provide the Union a list of all employees working in the bargaining unit.

b. Hold Harmless:

The Union shall defend, indemnify and hold the City harmless from any and all liability resulting from any claims, demands, lawsuits, or any dues dedication provision in this Agreement.

c. Record of Financial Transactions: The Union o rganization shall keep an itemized record of its financial transactions and shall make available annually to the public agency and to the employees who are members of the organization within 60 days after the end of the fiscal year, and detailed written financial report thereto in the form of a balance sheet and a comprehensive operating statement verified by a certified public accountant. An employee organization required to file financial reports under Section 3546.5 may satisfy the financial reports.

Section 1.7 Business Representatives

The authorized representatives of the Union shall be free to visit the City's places of business during working hours. There shall be no interference by the Business Representative with the proper conduct of the business of the City.

Section 1.8 Selection and Notification of Shop Stewards

The Union may select five (5) employees to act as shop stewards on behalf of the Union.

ATTACHMENT C
ITEM 9

Written notification shall be given to the City Manager or designee of such assignments. The City shall not be required to recognize any employee as a shop steward unless the Union has informed the City in writing, of the employee’s designation of shop steward. The Union agrees that the steward's duties shall be performed as expeditiously as possible, and the City agrees to allow reasonable amounts of time for the performance of their duties.

Section 1.9 Shop Steward Responsibilities

The stewards shall report to their business representative all violations of the Agreement, and shall attempt to settle grievances between employees in their department at the lowest possible level. The stewards shall not stop the City's work for any reason or tell any employee to cease work on the job.

Section 1.10 Non-Discrimination for Union Business

The City shall not discriminate against, nor discharge any Union Steward for authorized activity in, or representation of, the Union.

ARTICLE II

MANAGEMENT RIGHTS
Section 2.1 City Rights

It is understood and agreed that it is the interest and prerogative of the City to operate and manage its affairs to the full extent of the law. Included in, but not limited to those duties and powers are the exclusive prerogative to: determine its organization; direct work of its employees, determine the times and hours of site operation; determine the kinds and levels of services to be provided, and the methods and means of providing them; establish its policies, goals, and objectives; determine staffing patterns; determine the number and kinds of personnel required to maintain the efficiency of employer operations; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work; and take appropriate action on any matter in the event of an emergency. The City retains the rights to hire, lay -off, assign, evaluate, promote, transfer, terminate, and rehire employees, as long as it does not violate the provisions of this Agreement. It is understood and agreed that applicable law governs this provision and that it is in the party’s interest and the prerogative of the City to operate and manage its affairs to the full extent of the law.

Section 2.2 Temporary/Contracts Workers

The City’s right to hire employees includes the right to hire temporary or contract workers as the City deems appropriate. However, in the event that the Union believes that the City’s hiring of Temporary or Contract workers negatively impacts its bargaining unit members, the City agrees to meet with the Union and discuss the Union’s concerns.

ATTACHMENT C
ITEM 9

ARTICLE III

HIRING, NON-DISCRIMINATION, PROBATION, SENIORITY,

LAYOFF, AND RE-EMPLOYMENT

Section 3.1 Probationary Period, Extension, Termination, Regular Appointment

a. All initial appointments shall be tentative and subject to a probationary period of not less than twelve (12) consecutive months full-time paid service commencing on the first day of actual service. The probationary period is automatically extended by the length of any authorized leave(s) of absence (paid or unpaid) of fifteen (15) days or more.

b. During the probationary period, the employment of a probationary employee may be terminated by the City Manager in his or her discretion without any notice or showing of cause, and without right to any hearing, grievance or appeal.

c. Notice of the failure to meet probation shall be served on the terminated employee by the City Manager or the department head prior to the expiration of the probationary period.

Such notice shall be in writing and shall be deemed served when given personally to the employee or at the date and time that the notice is deposited in the U.S. mail addressed to the employee at the employee's last known address.

d. Regular full-time employees are defined as typically working 40 hours per week for the employee’s appointed position and who has successfully completed the applicable probationary period. Regular part-time employees are defined as typically working at least 20 hours per week for the employee’s appointed position and w ho has successfully completed the applicable probationary period. Upon regular appointment, the employee shall be deemed to be a regular full-time or regular part-time employee and shall be vested with all rights applicable to such regular employees.

Section 3.2 Probation Upon Promotion or Transfer

a. Any person receiving a promotion or transfer appointment to any classification in the competitive service shall serve a probationary period of six (6) months, commencing on the first day of service under such appointment. The probationary period is automatically extended by the length of an authorized leave(s) of absence (paid or unpaid) of fifteen (15) days or more.

b. During the probationary period, the employee may be terminated from employment in the promotional appointed position by the City Manager without any showing of cause, notice of hearing or appeal. Notice of such action shall be served upon the employee by the City Manager or the department prior to the expiration of the probationary period. Such notice shall be given in writing and shall be deemed served when given personally to the employee or at the date and time that the notice is deposited in the U. S. mail addressed to the employee at the employee's last known address.

c. If any employee fails to satisfactorily complete the probationary period in the promotional position, such employee shall be reinstated to the position from which the employee was

ATTACHMENT C
ITEM 9

promoted, at the range and step previously held, if a vacancy then exists in such position.

If there is no vacancy in such position at the time of termination, the employee may request to be placed on a re -employment list for the position held prior to promotion. If charges are filed and the employee is discharged in the manner as prescribed in the personnel rules for positions in the competitive service during his/her promotion or transfer appointment, the reinstatement rights granted in this Section 3.3(c) do not apply.

Section 3.3 Right to Former Position

Upon promotion, transfer, or selection to another position in the City, the affected employee shall retain the right to the former position, for thirty ( 30) calendar days. The employee may return to the former position within the thirty (30) days at the option of either the City or affected employee.

Section 3.4 Preference points for Employees

City employees competing for open, competitive positions within the City shall be given two - and one-half percentage (2.5%) preference points on the overall final score provided:

(1) They have passed all elements of the testing process with the required score; and

(2) They are regular full -time, or regular part -time represented city employees who are not currently on probation; have not received less than a satisfactory job rating in the year prior to applying for the position; and have maintained a sick leave attendance record in their current position, which is not worse than the average city-wide sick leave usage for the prior year (not counting use of sick leave or other statutory leave protected by law).

Section 3.5 Seniority

Seniority shall not apply to any employee until the employee has passed probation. Once the employee has passed probation, seniority shall be effective from the first day of employment with the City.

Seniority shall be recognized in the scheduling of vacation, the making of special assignments, overtime rotation, lay-off, bumping and reemployment rights, and mandatory time off, subject to operational need, and management approval.

Section 3.6 Reduction in Force

In reduction of forces due to slackness of work or insufficient funds, the employee with the shortest duration of seniority within the affected classification shall be the first laid off ; provided, however, that the remaining employees are qualified to perform the available work.

In rehiring, the City will first offer reemployment to individuals with the most seniority and who meet the minimum qualifications for the position. An employee may, at the discretion of the City, be demoted to a position formerly held with permanent status in lieu of layoff, resulting in the layoff or demotion of a lower classified employee who has lesser service with the City.

ATTACHMENT C
ITEM 9

Section 3.7 Emergency Appointments

The City may establish emergency appointments not to exceed six (6) months of service.

Emergency for purposes of this section is defined as a situation or event such as an employee's sudden extended illness, call to active-duty status, extended personal leave of absence, or sudden increase in City service demands as a result of a natural occurrence (earthquake, etc.).

Section 3.8 Extension of Re-Employment List

Employees laid-off from employment in accordance with Ceres Personnel Rule XVI. Layoff Policies and Procedure shall be maintained upon the City’s re- employment list for three (3) consecutive years while employees who are demoted, shall have five (5) consecutive years in which to be reinstated to a previously held position.

ARTICLE IV

JOB CLASSIFICATIONS, SALARY AND SPECIAL PAY,

PERFORMANCE, EVALUATIONS, AND SALARY ADMINISTRATION

Section 4.1 Class Titles and Wages

Class titles and salary ranges are attached as Attachment "A" hereto and made a part hereof.

The purpose of Attachment “A” is specifically to provide a classification and pay structure to administer positions in this bargaining unit.

Section 4.2 Salary Adjustments

a. The City agrees to provide an eight percent (8%) salary increase to all bargaining unit employees effective the first full pay period following ratification by the bargaining unit and City Council approval, as set forth in the July 9, 2023, to June 30, 2024, Class Title and Salary Ranges and Attachment A.

b. In addition to the salary increase in Section 4.2(a), provided that this Agreement has been ratified by the bargaining unit and Council approval, bargaining unit employees in the following classification, shall receive a one-time four percent (4%) equity adjustment to their salary as set forth in the July 9, 2023, to June 30, 2024, Class Title and Salary Ranges and Attachment A:

• Public Safety Dispatcher I
• Public Safety Dispatcher II
• Senior Public Safety Dispatcher
• Wastewater Operator I
• Wastewater Operator II
• Senior Wastewater Operator

ATTACHMENT C
ITEM 9

• Water Distribution Operator I
• Water Distribution Operator II
• Senior Water Distribution Operator

Section 4.3 Longevity Pay

a. Bargaining unit employees with ten (10) or more continuous years of full -time City Service shall be eligible for an additional five percent (5%) wage increase based on the employee’s rate set forth in the 2024- 2025 Class Titles and Salary Ranges Schedule. The employee must have received at least an overall rating of satisfactory on their most recent performance evaluation. Increases will be effective the first full pay period after the employee meets the eligibility requirements of this section. This provision will not trigger an employees’ right for a disciplinary appeal under the City MOU or personnel rules.

b. For employees hired (and continuously employed by the City of Ceres) prior to January 1, 2013, shall be eligible for an additional 9.5% wage increase so long as the employees have at least six (6) years of service with the City of Ceres and the employees have received at least an overall rating of satisfactory on their most recent performance evaluation. This provision will not trigger an employees’ right for a disciplinary appeal under the City MOU or personnel rules.

Section 4.4 Performance Evaluations

Performance evaluations shall be given to employees on a periodic basis recording the employee's performance. While on probation, performance reports shall be prepared as management deems necessary. All performance evaluations shall be retained in the personnel file of each employee. Employees shall be permitted to attach a related memorandum within seven (7) days of receipt of an evaluation that the employee reasonably believes has inaccuracies.

Section 4.5 Salary Administration

Salary Administration is provided by salary schedule, salary ranges, salary steps and time intervals for salary review. Each class in the Miscellaneous Bargaining Unit shall be assigned a salary schedule and range established in the Salary Administration Plan. All persons employed by the City and assigned to the Miscellaneous Bargaining Unit, shall be compensated in accordance with the Salary Administration Plan currently in effect at the time of appointment.

Section 4.6 Salary Steps

The salary administration of the City shall be as follows:

a. Step A or 1 The first salary step is the minimum rate and will normally be the hiring rate.

Appointment may be made to other than the normal entering salary step upon

ATTACHMENT C
ITEM 9

recommendation of the Department Head and upon the approval of the City Manager.

b. Step B or 2 The second salary step: Six (6) months of satisfactory service at the first salary step (A) shall make an employee eligible.

c.

Step C or 3 The third salary step: Six (6) months of satisfactory service at the second salary step (B) normally shall make an employee eligible.

d. Step D or 4 The fourth salary step: Twelve (12) months of satisfactory service at the third salary step (C) and the recommendation of the Department Head with the approval of the City Manager, shall be required for advancement to this step.

e. Step E or 5 The fifth salary step: Twelve (12) months of satisfactory service at the fourth salary step (D) and the recommendation of the Department Head with the approval of the City Manager, shall be required for advancement to this step.

f. Regul
ar part-time employees may receive salary step increases, as stated in b through e above, when the number of hours worked is equivalent to a regular full-time employee.

Example: Regular full time six months to Step B is equal to 1,040 hours. Regular part - time would be eligible for Step B upon reaching 1,040 hours. Vacation, CTO, or sick leave used would be inclusive of these 1,040 hours.

Section 4.7 Service Defined

Service as defined and only for purposes of salary administration stated in Section 4.5 above, shall include periods of actual performance of regular, full-time, or regular part -time duties; periods of any paid leave of absence; periods for which worker's compensation is paid; and military leave without pay. The following periods of time shall be disregarded and not counted; all leaves of absence without pay not covered by state and federal family leave statutes or other statutory provision; layoffs either for disciplinary, or non-disciplinary purposes, in excess of twenty (20) working days; all periods of service performed with a service rating equivalent to less than standard or satisfactory.

Section 4.9 Certificate Pay

State and federal regulations require crane operator certification for employees who operate such equipment, as defined in General industry Safety Orders Article 98. When the Department Head deems it appropriate to the needs of the job being perform ed or future needs of the City, employees who possess and maintain a valid Crane Operator certification shall receive incentive pay of 2.5% of base hourly rate.

Section 4.10 Bilingual Pay

a. The City requires from time-to-time, the services of employees who are bilingual to provide translation for non -English speaking citizens. The City Manager will establish the requirements, standards, any testing procedures, and documentation necessary to implement the provisions of bilingual pay.

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b. Members of this group who are designated department translators will receive a 2.5% salary incentive for providing such services. Bilingual members not designated as translators are under no obligation to provide such services.

c. The language designated for bilingual pay shall be Spanish. Additional languages may be added to the provisions of this section based upon City needs.

Section 4. 11 Exemplary Performance Salary Increase; Promotion/Demotion Salary Adjustments

a. Upon recommendation of the department head and the approval of the City Manager, an employee may be granted an exemplary performance salary advancement prior to the normal time intervals established in Section 4. 6 of this Article. Salary advancement for exemplary performance shall be effective on the first day of the pay period following the date the exemplary performance advancement was approved.

b. Salary adjustments resulting from an employee's promotion or demotion shall become effective on the first day of the pay period following the employee's promotion or demotion.

Section 4.12 Computation of Salary Earned

Salary rates for authorized positions covered by this agreement are set forth in the schedule of salary ranges approved and adopted by the City and the Union. In the conversion table included in the salary administration plan, hourly rates are computed on 2,080 hours per year, rounded to the nearest ten-thousandths (“straight time hourly rate”). The term base-hourly rate as used herein shall mean the straight time hourly rate including shift differential as determined by the stated computation method in this Section 4.11.

Section 4.13 Pay Periods

Pay periods for employees shall be bi- weekly. When the regular payday coincides with a holiday, paychecks shall be issued on the workday immediately preceding the holiday.

Employees leaving the City's service will normally be paid on the regularly scheduled payday following the date of the employee’s termination.

Section 4.14 Salary Upon Termination

Employees terminating City employment shall be paid for the actual hours worked to the effective date of the termination. Terminated employees shall be paid for all accrued and unused compensatory time off, personal holidays, and if eligible, accrued vacation at the current rate of pay. Payment of all final compensation owed will be at the employee’s base hourly rate of pay or regular rate of pay where applicable by law. Upon separation from employment, vacation and holidays shall be cashed out at the employee’s base hourly rate.

Compensatory time off shall be cashed out at the higher of the employee’s final regular rate of pay, or the employee’s average regular rate of pay during the last three years of

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employment. Regular rate of pay as used in this MOU shall be computed in accordance with the requirements of the Fair Labor Standards Act (“FLSA”).

Section 4.15 Statement of Earnings

Each employee shall be given a statement with the City's name and address, which itemizes the employee's gross amount earned, hourly rate, hours worked, and all deductions. The statement shall also provide the employee with the accrued number of vacation, holiday, compensatory time, and sick leave.

ARTICLE V

HOURS OF WORK, OVERTIME, STAND-BY AND OUT-OF-CLASS ASSIGNMENTS

Section 5.1 Work Week Defined

a. For the specific purpose of salary administration, and FLSA compliance, a regular work week is herein defined as five (5) consecutive days of eight (8) consecutive hours exclusive of a meal period, Monday through Friday, inclusive. The above definition does not restrict the City’s right to designate other work periods, working hours or work weeks for employees when the best interest of the City may be served by such adjustment of such work periods, hours, or week.

b. Employees on payroll as of March 1, 1989, shall have priority on the work week of Monday through Friday. All employees hired or taking a voluntary job change through promotion, transfer, or competitive examination after March 1, 1989, shall be subject to assignments including, but not limited to, work weeks encompassing any five consecutive days of a seven (7) day week. This section does not apply to those employees assigned to rotating shifts (including, but not limited to, Dispatchers, CSO's, etc.).

c. Employees may request assignment to alternative work hours and work weeks, such as a 4-day, 10-hour schedule. Such alternative schedules shall not incur overtime liability for the City and shall only occur upon approval of the department head and City Manager and per established City policy governing alternative work schedules. The City specifically does not relinquish its right to discontinue or reassign alternate work schedules at any time.

Section 5.2 Work Period for Dispatch and Street Crimes Unit-assigned Crime Analyst/Crime Scene Technician

a. Public Safety Dispatchers required to provide seven (7) day per week, 24-hour coverage, and Crime Analyst/Crime Scene Technician assigned to the Street Crimes Unit (SCU) shall have a designated work period of four (4) consecutive days off; each workday shall be eleven (11) hours.

b. Public Safety Dispatchers and Crime Analyst/Crime Scene Technicians assigned to the

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4x11 work schedule will be required to work seventy-seven (77) hours per year in addition to their regular schedule. The seventy -seven (77) hours will be met by employees providing shift coverage and attending required training. Employees who do not meet the seventy-seven (77) required hours shift coverage and/or training may elect to use vacation, holiday, or furlough time to make up any deficit hours. Employees on approved sick leave may utilize sick leave to make up time.

c. Overtime shall be compensated in accordance with the Fair Labor Standards act, 29 CFR Section 778.114 (Fluctuating Work Week).

d. Accruals for vacation and sick time will be the same as other members of this bargaining unit and as stated in this contract. Time off will be charged as actually taken (i.e., one (1) full shift off would be eleven (11) hours).

e. Holidays will be recognized at eight (8) hours and pay for holidays worked will remain as current practice.

f. The City specifically retains the right to discontinue the 4x11 work schedule described herein and to establish different shifts for day, swing, and graveyard as deemed necessary for operations. The assignment of a 4x11 work schedule and shift assignment is predicated on staff levels and the ability to provide adequate coverage.

g. If it is determined that this 4x11 work schedule does not comply with federal or state labor regulations, the schedule shall be discontinued.

Section 5.3 Dispatch Shifts Defined

a. All regular scheduled work considered dayshift for police officers shall be considered day shift for dispatchers.

b. All regular scheduled work considered swing shift for police officers shall be considered swing shift for dispatchers.

c. All regular scheduled work considered graveyard shift for police officers shall be considered graveyard shift for dispatchers.

d. The City agrees to pay a two and one- half percent (2.5%) shift differential for those employees working swing shift. The City agrees to pay a five percent (5%) shift differential to those employees working graveyard shift.

e. A dispatcher on a regular day off who returns to work an overtime shift shall be paid at the shift differential of the shift worked. A dispatcher working an overtime shift per this paragraph shall not, however, lose any shift differential already assigned (i.e. a graveyard working a day shift shall not lose the graveyard premium for working a day shift or a swing shift working a day shift shall not lose the swing shift premium for working days). Shift differentials shall not be compounded (i.e. swing shift working an overtime graveyard shift will be paid only at the graveyard rate).

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Section 5.4 Shifts Defined for other than Dispatch Positions & Shift Differentials

a. For salary administration purposes, shifts shall be defined as follows:

Day: 6:00 a.m. to 2:00 p.m.

Swing: 2:00 p.m. to 10:00 p.m.

Graveyard 10:00 p.m. to 6:00 a.m.

b. If fifty percent (50%) or more of an employee’s regularly scheduled shift fal ls within the Swing shift defined in paragraph (a), the City agrees to pay a two and one- half percent (2.5%) shift differential for all hours worked during that shift. If fifty percent (50%) or more of an employee’s regularly scheduled shift falls with the Graveyard shift defined in paragraph (a), the City agrees to pay a five percent (5%) shift differential for all hours worked during that shift. If an employee’s regularly scheduled shift falls equally (50%/50%) within both Swing and Graveyard shift as defined in paragraph (a), the employee shall receive a five percent (5%) shift differential for all hours worked during that shift.

Section 5.5 Shift Trades – Dispatch Only

a. The practice of shift trading shall be voluntary on the part of each employee involved in the trade. The trade must be due to the employee's desire or need to attend to a personal matter and not due to the department's operations. The employee providing the trade shall not have his/her compensable hours increased as a result of the trade; nor shall the employee receiving the trade have his/her compensable hours decreased as a result of the trade. Any hours worked beyond the normal workday will be credited to the individual actually doing the work.

b. Shift trades will be allowed for full shifts only and must be with the knowledge and approval of the Public Safety Services Supervisor.

c. "Paybacks" of shift trades are the obligation of the two employees involved in the trade.

Any dispute as to paybacks is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties.

d. A record of all initial shift trades and "paybacks" shall be maintained by the involved employees on forms provided by the department ("Shift Trade Log").

e. If one individual fails to appear for the other (regardless of the reason), the person who was "traded in" will be listed as absent without leave and may be subject to disciplinary action.

f. Shift trade hours worked must be reflected on the time sheet and approved shift trade forms must be submitted with payroll at the time of shift trade and payback. A shift trade may be denied if the shift trade results in an FLSA overtime payment for one or both individuals in the trade.

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Section 5.6 Overtime Provisions

a. Work performed in excess of forty (40) hours in the employee's designated work week shall constitute overtime. Work performed in excess of a member's designated regular daily work hours (exclusive of lunch period) shall constitute overtime. Employees may accept compensatory time off in lieu of overtime pay.

b. Accrued compensatory time off shall be paid with the pay issued for the pay period which contains the last day of each quarter. Accrued CTO shall be paid down to a maximum balance of eighty (80) hours. Upon employee's option, CTO in excess of 80 hours may be converted to sick leave on a time- for-time basis if the employee's current sick leave balance is less than 96 hours. Such option must be exercised, and the Finance Department notified not less than 10 working days prior to the end of the quarter. CTO will automatically be paid if the option is not exercised within the time stated.

c. Employees may request CTO hours in excess of 48 hours at the end of each calendar quarter to be cashed out on the first pay period following the end of the quarter, at the employee’s current regular rate of pay. Requests will be submitted two pay periods in advance of the end of calendar quarter. Calendar quarters end the last day of March, June, September, and December.

d. Request for payment of CTO other than as provided for in paragraph b. in this section will not be authorized except in instances as approved by the City Manager and on a case-by-case basis.

e. Use of accrued compensatory time off shall be requested a minimum of 48 hours in advance. Use of accrued compensatory time off may be granted with less than a 48 hours’ notice by the supervisor on a case-by-case basis in the event of an emergency.

f. The overtime rate shall be one and one-half (1 1/2) times the base-hourly rate as defined in Section 4.10. Work performed by employees on a Saturday, or Sunday, which is not part of their designated work week, or holiday shall be compensated at one and one-half (1 1/2) times the base hourly rate.

g. Part-time employees will be paid overtime for all hours worked in excess of 40 per week or over 8 hours in any day.

h. It is understood by the parties that the distribution of overtime shall be administered on a fair basis, consistent with current practices.

Section 5.7 Stand-by

a. A stand-by call-out schedule for those employees required to cover night, weekend, and holiday emergency work shall be posted in the department/division’s normal notice posting location. Employees assigned to standby shall be rotated on standby assignments to be fair to all affected employees. Any employee so scheduled shall be considered "uncontrolled" and available by telephone or pager during such stand-by time.

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b. Weekly equipment checks, reading of meters and gauges, and regular preventative maintenance performed by the employees during their designated work week and then performed by employees while on stand-by duty during weekends, holidays, or nights shall not be considered emergency stand -by work, and the employees shall not lose their guaranteed stand-by pay.

c. Nothing in this section shall require the assignment of stand- by. The City reserves the right to develop stand -by schedules if and when it is deemed by the City necessary to meet service demands.

d. The definition of standby as used in this section is intended to mean the times the City requires an employee be available for work and available for work on an emergency basis.

Standby does not apply to regularly scheduled meetings or work where the employee has prior knowledge of the time and date when the employee’s presence is required.

e. Employees called to work shall be guaranteed compensation of two (2) hours at the rate of time and one-half (1 ½) their base hourly rate of pay. If the employee works past the guaranteed two (2) hours, then all time shall be reckoned by the one- half (½) hour. If a subsequent call is within the two (2) hours allotted for the first call, time shall be reckoned by the half (½) hour. If a subsequent call is received after the original allotted two (2) hours, another minimum call back of two (2) hours at time and one- half (1 ½) shall be compensated.

f. There shall be no travel pay for employees not on stand- by and called back to work.

Employees on stand-by may have use of a City vehicle. Hours of work shall commence at the time an employee is called to work.

Section 5.8 Stand-by Compensation

An employee placed on stand-by shall receive compensating pay as follows:

a. Night/Weekend Standby: Employees shall be guaranteed t hree (3) hours of straight time at their base hourly wage rate of pay for each day on stand-by.

b. Holiday Standby: The employee(s) shall be guaranteed six (6) hours of straight time at their base hourly rate of pay for each day of standby. Employees who are on standby and called back to work for any reason shall be paid as stated in Section 5.7(e) of this Article and shall not lose their guaranteed six (6) hours standby pay.

c. If c
all back work is performed, employees shall receive the appropriate two (2) hour minimum at the overtime rate in addition to the stand-by pay.

Section 5.9 Call Back (Not on Standby)

a. Call back : means when an employee returns to work after completing their regularly scheduled shift, on weekends or holidays. Call back to work specifically does not include times an employee is asked to remain at work beyond their regular workday.

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b. An employee(s) not on standby and called back to work on a holiday shall be compensated a minimum four (4) hours at the appropriate overtime rate of pay. Any time after the first four (4) hour minimum shall be rounded up to the nearest half (½) hour.

c. An employee(s) not on standby and called back to work on the sixth (6th) or seventh (7th) consecutive day, or after their assigned work shift, shall be compensated a minimum of two (2) hours at the appropriate overtime rate of pay. Any time after the first two (2) hour minimum shall be rounded up to the nearest half (½) hour.

d. IT employees required to perform duties either remotely or off -site after hours , on weekends or holidays to address computer problems, are entitled to two (2) hours of call back pay. The call back pay is per remote access/phone call. All calls or remote access within the two-hour period is considered one call back. Any subsequent calls beyond the initial two (2) hours will be treated the same as the initial call back.

e. There shall be no travel pay for employees not on standby and called back to work.

Section 5.10 Time Off After Overtime Work

Any employee, whether or not on stand-by, called to perform overtime work after 10:00 P.M. and before 2:00 A.M. and such work exceeds two hours, shall, at their option, be given up to eight (8) hours off before being required to report to work on their next regular shift. They shall be paid the regular base hourly rate of pay from the time reporting to work.

Section 5.11 Right to Contact Residence

Any employee(s) required to work beyond their regularly scheduled work shift shall be afforded an opportunity to contact their place of residence by telephone or such contact may be relayed by radio and answering service.

Section 5.12 Out of Class Assignment

a. Prior to assignment of temporary duties to an employee, the assigning supervisor shall determine if the work is out -of-class, as defined in this section, and shall notify the employee in writing if the assigned duties qualify as out-of-class before work commences.

b. Out-of-classification assignment for purposes of this section is defined as performing, as directed by a supervisor or department head, the major portions of the assigned higher classification's duties for the period indicated in Section 5.12 (c) below.

c. Once an employee has worked in a higher classification for forty (40) accumulative hours and is assigned to work in that higher classification for a period exceeding three consecutive working days, that employee shall be compensated as provided by the terms of this Section. The higher compensation shall begin on the fourth (4 th) working day and
shall be retroactive to the beginning of the work assignment. It is understood and agreed that this provision applies only in those instances where the responsibil ities of the employee's classification do not include assuming the duties of a higher classification for

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periods of absence of the higher classification incumbent.

d. Out-of-class will consist of pay at the lowest step of the higher classification worked that represents at least a five percent (5%) increase in pay for the assigned employee. In no event shall the employee receive a lower than five percent (5%) increase in pay for an out- of-class assignment.

e. Upon completion of out -of-class assignment, the supervisor will provide a description of duties performed and an informal evaluation, to be placed in the employee's personnel file.

Section 5.13 Clean Up Prior to Quitting Time

When feasible, employees operating at a distance from their normal workplace check in shall be allowed a reasonable amount of time to have all the equipment and tools picked up and in the yard on or before quitting time.

Section 5.14 Workload

The City agrees to meet and confer over changes to employee’s workloads in accordance with legal requirements.

Section 5.15 Alternate Work Programs

The presence of alternate work programs will not result in the reduction of bargaining unit staff.

For the purpose of this provision, alternative work programs shall consist of short-term stimulus work programs; nonprofit work programs; and training programs.

ARTICLE VI

REST AND LUNCH PERIODS

Section 6.1 Rest Periods

a. The City agrees that full-time employees shall be given a fifteen (15) minute uninterrupted rest period at approximately the mid-point of the first half shift and approximately at the mid-point of the second half shift. If full-time employees are required to work beyond their regularly scheduled workday the employee shall be allowed a fifteen (15) minute uninterrupted rest period on City time immediately following the end of their regularly scheduled workday and every two (2) hours thereafter while working overtime.

b. The City agrees that all assigned Department of Transportation (DOT) drivers shall be provided the mandatory rest periods as required by DOT.

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Section 6.2 Lunch Periods

a. At mid-shift, or as near thereto as practicable, each full -time employee shall be allowed an uninterrupted lunch period between thirty (30) minutes and one (1) hour per shift. Every effort will be made to provide this lunch period at mid- shift; however, lunch period schedules are determined and approved by management and not at the discretion of the employee.

b. After an employee has been held on duty for more than two (2) hours after their shift end, and every fourth (4th) hour thereafter, the employee(s) shall be permitted a one-half (1/2) hour meal period on the City’s time.

c. Employees required to work during the scheduled meal period will be paid thirty (30) minutes at one and one half (1 ½) times the employee's regular rate of pay.

ARTICLE VII

UNIFORMS AND PROTECTIVE CLOTHING

Section 7.1 Protective Clothing

Where required (such as, but not limited to working in rain, in and around mud, water, sewage, testing in labs, etc.), the City shall furnish employees with waterproof rain gear including aprons, gloves, pants, coats, rubber boots and hats, and two (2) pair of coveralls free of charge and returned by the employee in the same condition as received subject to reasonable wear and tear. Rubber boots shall be sanitized before re-issue. Employees shall be responsible for cleaning all non- protective clothing. Employees shall also be responsible for damage to protective clothing not considered reasonable wear and tear. The City shall make all reasonable attempts to provide safe, useable protective gear and safety equipment to employees. Replacement of protective gear and equipment will be determined by the City on an as needed basis. Equipment not returned will be replaced at the employee's expense.

Section 7.2 Welding Equipment

The City shall provide all welding hoods, welding stingers, cutting tips, welding gloves, aprons and welding jackets to employees when employees are required to perform welding duties.

These are not intended to be permanent issue items but only for the duration of the welding assignment.

Section 7.3 City to Furnish Tools

The City shall furnish all tools it deems necessary to maintain its equipment and facilities in good and safe condition.

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Section 7.4 Public Safety Uniforms

The City shall provide seven (7) uniform shirts and five (5) uniform pants, or combination of a total of five (5) pants and skirts for Dispatchers, Public Safety Records Clerks, Community Service Officers, and other clerical staff required to wear uniforms represented by this bargaining unit. Additionally, one leather belt will be provided and for Community Service Officers only, one winter jacket. The employee shall have the responsibility to maintain the uniforms in a presentable fashion. The uniforms will be purchased by the City. Thereafter, uniforms will be replaced by the City on an as-needed basis.

Section 7.5 Uniform Services

a. Parks, Facilities and Grounds Maintenance, Wastewater Treatment, Power Equipment, Streets, and Water employees shall be provided uniform service with City patches and caps with the City logo.

b. Uniforms shall be worn by employees in the above divisions during their designated work shifts. Employees not in uniform may be subject to disciplinary action.

ARTICLE VIII

SAFETY

Section 8.1 Protective Safety Clothing

The City shall furnish appropriate protective clothing such as, but not limited to, hard hats, goggles, safety glasses (not prescription lenses) ear guards or plugs, safety toe guards, eye wash stations at all labs, or any other form of protective clothing or equipment that may be required as a condition of employment by the City and/or State, Federal, or local safety laws, standards, rules, and regulations.

Section 8.2 Safety Glasses

Safety glasses and/or prescription safety glasses broken in the course of employment shall be replaced at no cost to the employee upon submission of the proper evidence and claim form.

Section 8.3 Safety Devices & Equipment

a. The City shall furnish the appropriate safety devices and safeguards which each employee shall use as directed.

b. Field crew employees who are required by the City to wear work boots on the job, will be reimbursed by the City up to $250 per year for the work boots and may use a portion of the $250 for shoelaces, insoles, and waterproofing. Other employees required by the City

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to wear work boots on the job will be reimbursed up to $200 every two years for purchase of the work boots. Reimbursement will be based on presentation of appropriate receipts to the department designated individual.

c. Work boot administration will be as provided on Attachment “B” to this agreement.

Section 8.4 First Aid Equipment and Emergency Medical Care

Adequate first-aid equipment shall be maintained. The City shall arrange for adequate and prompt transportation to a hospital or doctor for any employee who is injured on the job and may require a doctor's care, hospitalization, or both.

Section 8.5 Applicable Safety Standards

All State and/or Federal and/or local safety laws, standards, rules, and regulations shall be applicable to members to covered by this Agreement. The City and employees are equally responsible for implementing such laws, standards, rules, and regulations.

Section 8.6 Determination of Unsafe Conditions

No employee shall be discharged for refusing to work under conditions injurious to their health or safety as determined under any rule or regulation of the United States or State of California or other political subdivision. Such determination shall be made by a responsible agent of the State of California, OSHA, or any other political subdivision, or by a safety inspector from an applicable insurance carrier.

Section 8.7 No Retaliation for Safety Requests

An employee shall be able to file a safety request form with no retaliation from the Safety Committee, supervisors, or management.

Section 8.8 Hazardous Chemical Clothing

The City shall provide disposable protective clothing for employees working with hazardous chemicals or shall provide laundry service for non-disposable clothing used in the application of hazardous chemicals.

ARTICLE IX

LEAVE PROVISIONS

Section 9.1 Sick Leave

a. The intent of sick leave is to provide a continuity of full salary to those employees who are

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unable because of illness or injury to perform the duties of their positions. Sick leave is allowed and must be used for an employee's illness or injury, and for health- related appointments or treatment. Employees may also use sick leave to attend to the illness or injury of a family member of their immediate family.

d. The definition of immediate family, as used in this section, includes husband or wife; registered domestic partner; mother, father, or grandparents of either husband or wife; son, daughter, brother, sister or foster child of the employee; or any relative by blood or marriage residing in the same household.

c. The terms of Section 9.12 of this Article shall apply to the conditions of leave stated in this Section.

Section 9.2 Sick Leave Accrual

a. Each full-time employee shall be entitled to accumulated sick leave with pay at the rate of

3.692 hours per pay period, which is equal to 12 days per twelve (12) month period, beginning with the first pay period of employment, provided the employee has been in pay status for fifty percent (50%) or more of the first month or any month thereafter. Sick leave shall accumulate in an unlimited amount. Employees may use accrued sick leave after thirty (30) calendar days of employment.

b. Accrual of sick leave shall be prorated for regular part- time employees based upon the assigned hours of the part-time employee.

c. No paid sick leave shall be granted in excess of the employee’s accrued sick leave balance.

Section 9.3 Sick Leave Compensation

To receive compensation while on sick leave, the employee shall notify his/her immediate supervisor or the designated department/division representative, prior to or within twenty (20) minutes of the beginning of the employee’s regularly assigned workday in that department.

The Department Head or designee shall waive the above requirement if, in his/her opinion, an emergency or other exceptional circumstance so warrants.

Section 9.4 Sick Leave Deduction

a. Employees shall be charged sick leave at the rate equal to their regular workday for each full day absent. Absence less than a regular workday will be charged sick leave at the rate of one-quarter (1/4) hour sick leave for each one-quarter (1/4) hour or less absent.

b. Any employee scheduled to work a holiday who reports sick will be charged sick leave at the appropriate rate and the holiday will be accrued.

Section 9.5 Illness during Vacation Leave

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An employee who becomes incapacitated for work due to illness or injury or to care for an ill or injured immediate family member, as defined in Section 9.1 for more than three (3) consecutive calendar days while on paid vacation may substitute accrued sick leave or other leave as defined in Section 9.7, provided the request for sick leave substitution is accompanied by a doctor’s statement or other evidence satisfactory to the department verifying the incapacity. The substitution of sick leave shall only be in the amount as actually needed to cover the period of illness.

Section 9.6 Holiday during Sick Leave

Paid holidays immediately preceding, immediately following, or wholly within the period for which sick leave is granted shall not be regarded as part of such period of sick leave.

Section 9.7 Earned Vacation, CTO and Holiday as Sick Leave

a. An employee who has used his/her sick leave, may request the use of accrued vacation, earned compensatory time (CTO), or holiday band (as applicable) as though such time were sick leave.

b. The employee must request the use of vacation, CTO, or holiday for sick leave through his/her supervisor or department designee . The order of use is at the discretion of the employee.

Section 9.8 Sick Leave Conversion/Pay Options

Any employee who has not taken more than 36 hours of sick leave during the twelve (12) month period beginning the first pay period in January and ending the second pay period in December of each year (excluding sick leave taken concurrently with protected leave) shall be entitled to convert up to 24 hours of unused sick leave to the employee’s deferred compensation account or leave with pay, providing that at no time does the employees’ sick leave balance fall below 192 hours.

Section 9.9 Sick Leave for State Disability Claims

a. An employee absent from work for reasons that will entitle the employee to compensation under the State Disability Compensation law or other salary continuation benefit, shall receive for the duration of such compensation, and while an employee with the City only that portion of the regular salary paid first from accrued sick leave and subsequently from vacation and then earned CTO, that will, together with the salary continuation benefit, equal regular salary. At no time shall compensation to the employee (salary from accrued leave plus the salary continuation benefit) exceed employee’s normal salary.

b. The employee shall provide salary continuation payment information as soon as possible to payroll to ensure coordination of benefits as indicated in this section.

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Section 9.10 Family Medical Leave

a. Employees shall be allowed to use Family Medical Leave in accordance with City policy implementing the provisions of federal and state family medical leave provisions.

b. Members of this bargaining unit who apply and qualify for benefits under the California Family Temporary Disability Insurance (FTDI) may use accrued sick, vacation or CTO leave to cover the seven (7) day waiting period to coordinate benefits from the City.

c. A member who receives FTDI compensation may receive for the duration of such compensation, and while an employee with the City, the portion of their regular salary paid first from accrued vacation, then earned CTO, and subsequently accrued sick leave, that combined with the FTDI compensation equal the member’s regular salary. At no time shall the total compensation to the employee exceed the employee’s normal salary.

d. The employee is responsible for notifying payroll of their intent to coordinate FTDI benefits under this section. The employee must provide FTDI compensation information to payroll as soon as possible to ensure coordination of FTDI benefits under this section. Failure to notify payroll or provide the required compensation information may result in the loss of the ability to coordinate benefits under this section.

Section 9.11 Maternity Leave

a. Illness accompanying pregnancy which incapacitates the employee to the extent that she cannot fully perform her duties shall warrant the granting of sick leave where such illness is established by a statement from a licensed physician.

b. Maternity leaves shall be granted consistent with State and Federal law and court decisions.

Section 9.12 Physician's Statement

a. A Department Head or supervisor may require the employee to furnish a certificate or statement from a regular licensed and practicing physician, or other adequate medical evidence of the employee’s ability to return to regular or modified duty.

b. Any employee returning to work from an extended medical leave of more than ten (10) days must present to his/her supervisor a statement from employee’s treating physician which confirms that the employee is physically capable of returning to his r egular job duties. An employee may not be allowed to return if the requested physician’s statement is not provided.

Section 9.13 Medical Leave Without Pay\Extended Medical Leave

a. Upon depletion of accrued sick leave, CTO, vacation and qualifying California and Family Leave time, for an injury or illness, whether industrial or non- industrial and upon the recommendation of the employee's department head, an employee may be placed on medical leave of absence without pay for a period not to exceed sixty (60) days. If the

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employee is unable to return to work at the end of this period, further medical leave must be requested, and will be subject to approval of the City Manager. If further leave is granted, the employee must notify the City of the intent to return to work ev ery thirty (30) days.

b. Employees on medical leave without pay and who have used the maximum allowable time under California and federal family leave laws, are responsible for and may elect to pay insurance premiums by the first of the month in which coverage is requested on insurance plans for coverage they wish to continue. Nonpayment of premium by the employee will discontinue coverage by the City while on leave without pay.

c. Vacation and sick leave shall not accrue during any period of leave without pay.

Employees on leave without pay shall not be paid for or accrue holidays observed during the period of leave without pay.

d. Extended medical leave is defined as a period of time in excess of ten (10) consecutive working days wherein an employee is placed off work by a licensed medical practitioner because of health reasons.

e. The City may require periodic reports on the employee’s medical status and ability to return to work during an extended medical leave.

Section 9.14 Military Leave

Military leave shall be granted consistent with State and Federal law and court decisions.

Section 9.15 Bereavement Leave

a. A n employee of this bargaining unit shall be entitled to leave with pay for a maximum of five (5) scheduled workdays in the event of the death of the employee’s spouse, registered domestic partner, or children, including stepchildren. Other than said paid leave, such leave does not accrue or have any cash value.

c. An employee of this bargaining unit shall be entitled to leave with pay for a maximum of three (3) scheduled workdays in the event of the death of the employee’s parents, siblings, grandchildren, or grandparents. Other than said paid leave, such leave does not accrue or have any cash value.

The definition of parent and siblings as used herein shall mean stepparent or half-sibling, foster parent as well as natural parents of the employee.

c. A n employee of this bargaining unit shall be entitled to leave with pay for a maximum of one (1) scheduled workdays in the event of the death of the employee’s brother-in-law, sister-in-law, or parents or grandparents by marriage or registered domestic partnership.

Other than said paid leave, such leave does not accrue or have any cash value.

d. Additional time may be granted and paid from accrued vacation or CTO time upon request from the employee and approval of the appropriate department representative.

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e. The City reserves the right to request proof of the death of the deceased and the employe’s relationship to the deceased.

Section 9.16 Leave Without Pay

An employee desiring leave without pay for other than reasons which qualify for statutory leave protected by law or for other than a medical leave without pay shall make written request to the City Manager giving a full explanation of the reason for the request. The City Manager may grant such requests for a period not to exceed nine (9)months from the date of approval.

Section 9.17 Relief of Duty/Administrative Leave

a. An employee may be relieved of duty and placed on administrative leave for a period not to exceed two (2) days, if, in the opinion of the department head, the employee is incapacitated for work due to non -work related illness or injury. If said incapacity may reasonably be expected to extend beyond two (2) working days, the department head may require the employee to submit to a fitness for duty examination by a physician designated or approved by the City Manager.

b. If the fitness for duty report of the physician shows the employee to be in an unfit condition to work, the department shall have the right, subject to an interactive process discussion and approval by the City Manager, to grant such employee to take sufficient leave of absence, so as to enable the employee to to properly perform the regularly assigned duties of the position currently held by the employee. Such leave of absence may be paid from accrued sick, vacation, holiday, or CTO time.

c. All expenses in connection with the fitness for duty physical examination are to be borne by the City.

d. The intent of this provision is to address reasonable accommodation on an individual basis and is not intended to implement a drug-testing program or affect the sick leave provisions contained in other sections of this Agreement.

Section 9.18 Court Leave

a. Employees who are called or required to serve as a trial juror, or as a witness under subpoena who is not a party to a court action, shall be granted leave for such purpose upon notification and appropriate verification of the period of required absence submitted to his/her supervisor. The employee shall be paid regular salary for the time served as a juror or witness under subpoena as above, provided the jury or witness fees paid to the employee are deposited with the City.

b. Any employee who, on their day(s) off are required to appear as a witness for the City shall receive a minimum of two (2) hours at time and one-half (1 ½).

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Section 9.19 Pay for Court Duty

Hours paid for court duty will be counted as hours worked for the purpose of computing vacation pay, health and welfare and pension contributions.

Section 9.20 Attendance at Training

Employees may be granted special permission, without loss of pay, to attend professional or technical institutes or conferences, or other meetings as may contribute to the effectiveness of their service to the City. Such special permission is subject to the approval of the Department Head. Employees granted said special permission shall be considered to be on duty status.

Section 9.21 Reasonable Accommodation and Return to Work

The City agrees to abide by its obligation under Federal and State law regarding reasonable accommodation (i.e. the interactive process). Employee with qualifying medical conditions may request to meet with Human Resources to discuss temporary accommodation that allow modified duty; all reasonable accommodation will be considered.

ARTICLE X

VACATION AND HOLIDAY

Section 10.1 Paid Holidays

The following shall be paid holidays to all employees:

(1) New Year's Day
(2) Martin Luther King Day
(3) President's Day
(4) Memorial Day
(5) Independence Day
(6) Labor Day
(7) Veteran's Day
(8) Thanksgiving Day
(9) The Day After Thanksgiving Day
(10) Christmas Eve Day
(11) Christmas Day
(12) New Year's Eve Day
(13) One (1) personal holiday to be selected by the employee who has completed at least six (6) months of employment with the City. Said holiday shall be one (1) per employment year and does not accrue from year to year.

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Section 10.2 Religious Holidays

Employees may request time off to attend religious services or other religious activities on Good Friday or on other recognized religious holidays during the year. Such time off shall be charged to the employee's annual accumulated leave or compensatory ti me off. If the employee has no accumulated annual leave or compensatory time off, such time off shall be without pay.

Section 10.3 Pay for Holidays

a. Employees in a paid status the day prior and first working day after a holiday shall be paid for the holiday as specified in Section 10.1. Pay shall be at the base hourly wage rate and not to exceed eight (8) hours per holiday. Paid status is defined as working on regularly assigned duty, or on approved leave. If an employee is required to work on any of the specified holidays, they shall receive the overtime rate of pay for those hours required to work plus the holiday pay.

b. Employees assigned to an alternative work schedule that results in a regularly assigned shift of longer than eight (8) hours per day, may cover additional hours in the assigned work shift above the eight (8) holiday hours by working flex time within the work week, subject to supervisory approval, or may use accrued vacation or CTO.

c. Dispatchers will be credited at eight (8) hours per holiday for 104 hours of accrued holiday time effective the first pay period of the new calendar year. This credit is to recognize that members may be required to work on an observed city holiday. Holiday time credit will be pro-rated for all newly hired members in their initial calendar year.

d. Holidays not taken by June 30 for holidays accrued in the fiscal year shall be paid to a Dispatcher at the Dispatcher hourly pay by the second pay period in July following the end of the fiscal year. Unused holiday time shall not be allowed to accrue or be carried forward from one fiscal year to the next fiscal year.

e. City shall audit the holidays used by a Dispatcher and the holidays which have been observed by the City upon Dispatcher termination, resignation, or retirement from the City.

The City shall deduct any owed holiday time from accumulated vacation, CTO, or if accumulated time is not sufficient, from the final pay issued upon ending city employment for holidays time used, but not yet observed by the City in that calendar year.

Section 10.4 Holidays Observed on Leave

When an employee is absent on annual leave, sick leave, or compensatory time off, a holiday shall be observed as a holiday.

Section 10.5 Saturday/Sunday Holidays Observed

If any of the holidays fall on a Saturday, Friday shall be deemed as the observed holiday. If any of the holidays fall on a Sunday, Monday shall be deemed as the observed holiday.

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Section 10.6 Vacation Accrual

a. The terms of vacation accrual and eligibility will be as stated in the City’s Personnel Rules, Section 10.5 (a) and (b).

b. Full-time employees accrue vacation as follows:

Years of Continuous
Service
Hours Earned
Per Pay Period

Annual
1 – 4 3.08 hours 10 days/80 hrs.
5 – 10 4.62 hours 15 days/120 hrs.
11 – 19 6.15 hours 20 days/160 hrs.
20 + 1 day per year for each year over 20 to maximum
of 25 days per year (200 hrs.)

c. Accrual of vacation shall be prorated for regular part-time employees based upon the assigned hours of the part-time employee.

Section 10.7 Vacation Conversion

An employee may convert up to 30 hours of vacation leave to be accrued in the coming fiscal year into cash, so long as the employee irrevocably elects to convert the amount of vacation leave at least twelve (12) months prior to the conversion. Payment will be at the member’s current hourly rate of pay (1:1 ratio).

Section 10.8 Maximum Vacation Benefit Accumulated

Maximum vacation accumulation shall be 480 hours. Vacation accrual will stop when an employee reaches 480 hours of accrued vacation time. Vacation accrual will resume once the vacation balance has been reduced through time off.

Section 10.9 Years of Service Defined

a. For the purposes of this section, years of service shall mean years of unbroken seniority with the City which shall in no event be calculated from a date prior to the time the employee actually commenced working in regular appointment for the City.

b. Unbroken seniority is defined as continuous city employment. Employees returning to City employment after leaving the city service for longer than 30 days may lose seniority from prior employment for purposes of vacation accrual, anniversary dates and any department-based seniority.

Section 10.10 Pro-Rated Vacation Benefits

a. An employee who, during an anniversary year, is on leave -of-absence without pay shall fail to qualify for full vacation benefits but shall be entitled to pro- rated vacation benefits.

Vacation shall be pro-rated by dividing the straight time hours actually worked during the anniversary year by 173.3, and then multiplying that factor by 1/12th the vacation the

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employee would have earned had the anniversary year been fully worked.

b. An employee whose employment is terminated prior to the completion of the anniversary year shall be entitled to pro-rated vacation.

Section 10.11 Vacation Scheduling

Vacation scheduling will be conducted within each department in accordance with overall department seniority. A minimum of two weeks advance notice is required for request to be considered for approval. Requests less than a two week notice, will need department head approval.

ARTICLE XI

WORKER'S COMPENSATION

Section 11.1 Use of Accrued Leave

Employees who are absent from duty because of a temporary disability defined as industrial under the Worker's Compensation Act may use accrued sick leave, earned compensatory time off, or accrued vacation in coordination with Worker's Compensation temporary disability payments for pay. The amounts paid by the City, when added to the temporary disability benefits, shall not exceed the employee's regular rate of pay.

Section 11.2 Pay on Day of Injury

Employees who, as a direct result of an on-the-job industrial injury, are unable to complete a full day's work, shall nevertheless be paid for the full day on which such injury occurred. Said pay shall be provided upon evidence that said injury required the attention of a licensed physician, and upon the recommendation of the physician that the employee not immediately return to work.

Section 11.3 Accrual of Benefits

Employees who are on worker's compensation temporary disability shall accrue hospital, medical, dental benefits, and sick leave and vacation benefits as long as the employee is considered to be in a paid status. Paid status is defined herein as receiving compensation from the City in the form of accumulated sick, vacation, or compensatory time off. Employees on industrial injury leave shall be paid for City holidays observed during the employee's industrial leave. The amount paid by the City for the holiday, when added to the temporary disability benefits, shall not exceed the employee's regular rate of pay.

Section 11.4 Disability Retirement

When it appears an employee cannot return to normal duties because of the injury, and the

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City determines that a comparable position or modified duties are not available, disability retirement may be requested by the City unless the employee applies for or consents to retirement as of an earlier date; at which time accrued benefits, vacation, sick leave, and compensatory time off, will be compensated at the current regular rate of pay. The Retirement Board which administers the retirement system is the final authority on the granting of retirement, and the City has no control over the granting or disallowance of any retirement request.

ARTICLE XII

HEALTH CARE BENEFITS

Section 12.1 Payment of Laborers’ Health and Welfare Premiums

The City agrees that on or before the tenth (10th) day of each calendar month it will pay the premium for the Laborer’s Health and Welfare Plan for each employee covered by this Agreement who was on the payroll during the preceding calendar month and has elected to be covered by the Laborers' Health and Welfare Trust Fund, to the Laborer’s Health and Welfare Trust Fund for Northern California, at the office of such Fund in Fairfield , California, for the purpose of providing benefits for such employee under Plan III of the Special Benefit Plans of the fund (plus optional benefits described in Appendix 2 and 3 to such plan) for the month in which contribution is made. Such contribution shall remain in effect, and such benefits shall continue to be provided, until the expiration of this Agreement. However, the city will not pay for any amount of the premium which exceed the contribution amount contained in Section 12.3 (b). The Union shall provide the City with the current monthly premium rate on or about February 1 of each year.

Notwithstanding the foregoing, in the event the Board of Trustees determines that the current contribution amount or the amount referred to in the Trust Participation Agreement is insufficient to provide the benefits then in effect, the Board of Trustees reserves the right to modify benefits so that the cost of actual benefits does not exceed the contribution rate.

It is expressly understood and agreed that no employee shall be eligible for the benefits of the Plan during any month unless and until the employer has made the required contribution in full to the Fund on his/her behalf for that month. An employee who has been laid off or terminated may continue his/her eligibility for benefits by electing COBRA benefits, as provided by law, and by paying to the Fund by the required premium.

Section 12.2 Acceptance of Trust Agreement

The City further agrees to accept, assume, and be bound by all of the obligations imposed upon the individual employer by that certain trust agreement known as the Laborers' Health and Welfare Trust Agreement dated March 4, 1953, except insofar as those obligations are modified herein, and it hereby irrevocably designates and appoints the employers mentioned in said Trust Agreement and appoints the employers mentioned in said Trust Agreement as its attorney-in-fact for the selection, removal and substitution of Trustees as provided in said Trust Agreement and as may hereafter be provided by or pursuant to the Laborers' Master

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Agreement or said Trust Agreement.

The Union agrees to hold the City harmless in regard to all liability relating to employee participation in the Laborers’ Health and Welfare Trust Fund, beyond the City contribution described in section 12.3 (b) below.

Section 12.3 Health Benefits

The City agrees to hold citywide labor-management benefit advisory committee meetings that shall include Union participation, regarding the selection of healthcare plan options.

Effective with the plan year beginning January 1, 2025, the following terms shall apply:

a. All employees must enroll in an available City medical plan unless they opt out. In order to opt out, an employee must provide the following:

1. Proof that the employee and all for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out applies (”tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and

2. The employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment.

b. The City shall contribute the following amounts toward the combined premiums for medical, dental, and vision on a semi -monthly basis (24 pay period). The City’s contribution shall not exceed the actual premiums, or the contribution amounts listed below, whichever is less.

1. $ 405 semi-monthly ($810 monthly) for employees enrolled in Employee- Only medical coverage.

2. $ 800 semi-monthly ($1,600 monthly) for employees enrolled in in Employee + 1 medical coverage.

3. $1,125 semi-monthly ($2,250 monthly) for employees enrolled in Employee + Family (more than one dependent) medical coverage.

c. The City shall pay one hundred percent (100%) of the dental and vision premiums for employees who waive medical coverage.

d. Employees who waive medical coverage shall receive $100 semi-monthly ($200) monthly) taxable compensation.

e. The City shall continue Section 125 program for pre-tax deductions for the employee share of medical, dental, and vision insurance premiums.

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f. Benefits shall stop at the end of the month when City employment is ended for any reason.

All coverage, except as required to be offered or extended under federal and state law, shall end.

There is not responsibility on the part of the City to pay, either in money or premiums, any remaining City or employee obligations beyond the month of termination of an employee’s employment.

Cash payment for medical waivers will be paid only through the end of the month in which an employee’s employment terminated. Such payment will be included in an employee’s final pay received from the City.

Any outstanding premiums required to continue benefits through the end of the month of an employee's termination of City employment will be withheld from the final pay received from the City.

The City retains the discretion to select the City plan(s) each year. In the event the City makes changes to the plan selection, the Group will receive advance notice and opportunity to discuss concerns regarding the changes.

In the event that the Affordable Care Act is repealed, the City agrees to meet and confer with the Union regarding this issue.

ARTICLE XIII

RETIREMENT

Section 13.1 Definition of Retirement

a. For the purpose of this Section, the term “retiring” is defined, understood and intended to mean, an employee’s withdrawal from employment with the City at a time when the employee qualifies for pension benefits through the 1937 Act Retirement System, together with the filing of an application by the employee for retirement benefits and notification by the administrators of the 1937 Act Retirement System of approval of the application and the right of the employee to commence receipt of current benefits from the retirement system. Discontinuing work for the City under any circumstances other than defined herein, or deferral of retirement payments, will not be considered as “retiring” for the purpose of payment of a portion of any unused sick leave benefit as defined herein.

b. The minimum requirements for regular service retirement as stated in the Stanislaus County Employee’s Retirement Association information is completion of 30 years of service, or attainment of age 50 with 5 years of completed service and 10 years of Association membership.

c. Effective January 1, 2005, the City shall provide enhanced retirement benefits pursuant to the formula outlined in Government Code Section 31676.4 commonly known as 2% at 55

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for the member of this group.

d. Unit members hired on or after January 1, 2013, and designated as “new members” to StanCERA who are miscellaneous employees shall be enrolled in the 2% at 62 retirement formula as required by law under the California Public Employees’ Pension Reform Act (“PEPRA”- AB 340/SB 197). As required under PEPRA, “new members shall:

1. Individually pay an initial member contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said “new member” is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater; and

2. Have “final compensation” measured by the highest average annual pensionable compensation earned by the member during a period of at least 36 consecutive months.

Any provisions in this Agreement which contradicts any provision of PEPRA, shall be deemed null and void, with the contrary PEPRA provision(s) being given full force and effect.

Section 13.2 Retirement Contribution

All members shall pay 100% of the employee’s contribution into the 1937 Act Stanislaus County Employee’s Retirement System. Employe’s contribution shall be vested in the name of the employee as permitted under the rules and regulations of the 1937 Act Stanislaus County Retirement System.

Section 13.3 Payment of Sick Leave Upon Retirement

Sick leave shall be paid upon retirement of the employee from the City's service at the current salary rate then being paid to the employee by the City of Ceres. A member of this unit will be paid 50% if their unused accumulated sick leave at retirement.

Section 13.4 Deferred Compensation and Retiree Benefits

a. During the enrollment period of each year of this agreement, members of the Miscellaneous Bargaining Unit may enroll in a deferred compensation program.

b. Upon retirement employees may contribute to their individual deferred compensation account any unused and accrued vacation, CTO, or holiday pay in whole or in part.

c. The City agrees to implement upon retirement of an employee a retiree health savings plan administered by a provider selected by the City. Employees in this group will contribute upon retirement 50% of allowable Sick Leave Conversion to a Retiree Health Savings Account or Cash Out unused accumulated sick leave.

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ARTICLE XIV

DISCIPLINE

Section 14.1 Removal of Discipline

Upon employee request, the City will remove written reprimands from an employee’s personnel file five years or more after the date of the reprimand, so long as the employee has not received subsequent discipline of any kind.

Section 14.2 Reasons for Discharge

The City shall have the right to discharge any employee for dishonesty, insubordination, drunkenness, incompetence, willful negligence, failure to perform work as required or to observe the City's safety and reasonable house rules and regulations which must be conspicuously posted or ordering the violation of this Agreement.

Section 14.3 Discipline Procedures

Employees are entitled to pre-disciplinary due process in advance of any disciplinary suspension, demotion, reduction in pay and discharge.

a. Written Notice: Written notice of the proposed disciplinary action will be served on the employee by the employee’s immediate supervisor either by personal service or by U.S.

Mail, addressed to the employee at his/her last known address. Such notice will include a statement of the reasons(s) for the proposed action, the charge(s) being considered, the proposed discipline, and a copy of all written materials, reports, or documents upon which the intended discipline is based. Service shall be deemed complete on the day the employee is personally served, or if service is by mail, two days after the notice is deposited in the U.S. Mail. Pre-disciplinary due process is not required for oral or written warnings. The employee may have a representative of his/her choice present at the personal service of the discipline notice.

b. Employee Review: The employee will be supplied with a copy of the documents or materials upon which the proposed disciplinary action is based at the time the written notice of the proposed disciplinary action is served on the employee.

c. Employee Response and Appeal to Department Hearing Officer : Within five (5) working days after service of the notice of proposed disciplinary action, the employee will have the right to respond orally or in writing, at the employee's option, to their respective department designated hearing officer concerning the proposed disciplinary action. The employee may have a representative of his/her choice present at the time such oral response is made. The department designated hearing officer shall consider the employee's response, and shall affirm, modify, or suspend the proposed disciplinary action. The decision of the designated hearing officer shall be served on the employee in the same manner as provided in Section 14.3 (a). within five (5) workdays of receipt of the employee’s written response or oral presentation.

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d. Administrative Leave: Notwithstanding the provisions of this Agreement, should it be necessary to complete an investigation or to otherwise remove the employee from the workplace, a department head may order the employee being investigated or removed from the workplace on a paid leave status (administrative leave). When a determination is made regarding the discipline to be imposed, the employee may be removed from administrative leave and the discipline imposed.

e. Discipline Imposed: The discipline determined by the department’s designated hearing officer may be imposed once the decision has been delivered to the employee and during any further appeal the employee may wish to pursue according to the procedures stated in this Article.

f. The empl
oyee may appeal a disciplinary action imposed by the department hearing officer to the Department Head by filing a written request with the Department Head within five (5) working days after the decision of the department designated hearing officer has been served upon the employee as provided in Section 14.3 (a). The appeal must be in writing and state specifically the reason(s) upon which the appeal is based and the restitution being sought. Failure to file an appeal within such time period constitutes a waiver of the right to appeal. If the department designated hearing officer is the department head, the employee may submit any appeal to the City Manager in accordance with the procedures in this sub-section.

g. The Department Head (or City Manager, as designated in (f)) will conduct a hearing on the appeal filed in accordance with Section 14.3(f) within ten (10) day after receipt thereof.

The hearing may be continued either for the convenience of the Department Head (or City Manager, as designed in (f)) or the employee, for a period not to exceed an additional thirty (30) days from the receipt of the appeal. Written notice of the time and place of the hearing, or any continuance thereof, will be given to the employee either personally or by U.S. Mail by the Department Head (or City Manager, as designated in (f).

h. Upon the request of the employee, or at the discretion of the Department Head (or City Manager, as designated in (f)), the hearing may be conducted in private. The appellant may request a representative to appear with him/her at the hearing. The department head, at his/her discretion, may interview or call any witnesses or other pertinent individuals in order to reach a fair conclusion.

i. Discipline.

The department head (or City Manager, as designated in (f)) shall deliver his/her decision in writing to the employee within five (5) workdays of the conclusion of the hearing. The Department Head (or City Manager, as designated in (f)) may modify, uphold, or suspend the disciplinary action and may order the requested or modified restitution to the employee. The decision of the department head (or City Manager, as designated in (f)) shall be final and binding unless appealed in accordance with the procedures stated in this Article XV.

Section 14.4 Discipline Appeal to Arbitration

a. Appeal Procedure. Any disciplinary appeal that has been properly and timely

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processed through the appeal procedure set forth in Article XV of this Agreement and that has not been settled at the conclusion thereof, may be appealed to arbitration by the Union by serving the City Manager with written notice of its intent to appeal. The failure to appeal a disciplinary action to arbitration in accordance with this Section 14. 4 within ten (10) workdays after receipt of the written answer of the Department Head at Section

14.3 (i). of this Agreement, shall constitute a waiver of the Uni on’s right to appeal to arbitration, and the written answer of the City delivered by the Department Head shall be final and binding on the employee, City and Union.

b. Selection of A rbitration. Not later than ten (10) calendar days after the Union serves the City with written notice of intent to appeal a disciplinary action to arbitration, the City and the Union shall jointly request the State Mediation and Conciliation Services to furnish, to the City and the Union, a list of five (5) qualified and impartial arbitrators.

Within five (5) calendar days after receipt of that list by the City, the City and the Union shall alternately strike names from the list, until only one (1) name remains. The arbitrator whose name remains shall hear the grievance.

c. Arbitrator’s Jurisdiction. The jurisdiction and authority of the arbitrator and his opinion and award shall be confined exclusively to the adjudication of the discipline imposed. The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement. He shall have the authority only to uphold, modify or suspend the discipline imposed and order restitution based only within any actual loss incurred by the employee up to the date of the written decision. The written award of the arbitrator on the disciplinary appeal adjudicated within his jurisdiction and authority shall be advisory and not binding upon the City.

d. The wr
itten decision of the arbitrator will be submitted to the City Manager within fifteen (15) calendar days of the conclusion of the appeal hearing. The City Manager may uphold, modify, or suspend the arbitrator’s decision. Such decision by the City Manager and the arbitrator’s decision shall be delivered in writing to the appellant or appellant’s representative within five (5) workdays of receipt of the arbitrator’s decision. The decision of the City Manager shall be final and binding upon the employee, the Union, and the City.

e. Arbitration Expenses. The fee of the State Mediation and Conciliation Service and the fees and expenses of the arbitrator shall be shared equally by the City and the Union.

Each party shall bear its own costs with respect to witness time, representation, and legal fees.

ARTICLE XV

EMPLOYEE GRIEVANCE PROCEDURE

Section 15.1 Definition

A grievance is defined as an employee- initiated allegation that a term or condition of employment established by the Labor Agreement, the personnel rules, or other written city or departmental policy or procedure has been violated; provided, however, that such term or

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condition of employment is not subject to the discretion of the City or is not a subject outside the scope of representation as defined in Section 2500 et seq. of the Government Code or the City Employer-Employee Relations Ordinance.

Section 15.2 Grievances Not Considered

The grievance procedure shall not apply if it is a matter which would require the modification of a policy established by the City Council, the current Labor Agreement or other adopted work agreement, or the grievance is reviewable under some other administrative procedure such as:

a. Applications for changes in title, job classifications or salary;

b. Appeals from formal disciplinary proceeding;

c. Appeals arising out of Personnel Rules examinations;

d. Appeals from work performance evaluations.

e. Complaints of discrimination, harassment or retaliation based on a protected classification.

Section 15.3 Provisions of the Grievance Procedure

The following provisions shall apply:

a. Presentation of Grievance: The employee shall follow the sequence and the procedure outlined in Section 15.4 of this Article in presenting a grievance or set of grievances.

b. Timely Presentation: The employee shall discuss the grievance with the employee's immediate supervisor in a timely manner after the act or omission causing the grievance. A timely manner is defined as a period of not more than five (5) working days unless circumstances prohibit otherwise.

c. Prescribed Form: The written grievance shall be submitted with the grieving’s name, department/division, date of act or omission, the specific act or acts complained of and being grieved, the inequity or damage suffered, and the relief sought. All written grievances set forth in 15 .4 below shall be signed and dated by the aggrieved employee and/or Union Representative.

d. Employee Representative: The employee may choose an individual to provide representation at any step in the procedure. No person hearing a grievance need recognize more than one representative for any employee at any one time unless the hearing individual so desires.

e. Hours: Whenever possible, grievances will be handled between the working hours of

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8:00 A.M. to 5:00 P.M., Monday through Friday. Exceptions may be granted for compelling reasons.

f. Time Limitations: The time limitations set forth in this Article, Section 15.4 are of the essence of this Agreement. No grievance shall be accepted by the City unless it is submitted or appealed within the time limits set forth in Section 15.4 of this Agreement.

If the grievance is not timely submitted at Step 1 or 2, it shall be deemed waived. If the grievance is not timely appealed to Step 3, it shall be deemed to have been settled in accordance with the City’s Step 2 answer. If the City fails to answer within the time limits set forth in Section 15.4 of this Agreement, the grievance shall automatically proceed to the next step. The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended.

g. Consolidation of Grievances: If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances may be handled as a single grievance and heard at the same time by the same arbitrator. The option to combine grievances shall be at the City’s choice.

h. Settlement: Any grievance shall be considered settled at the completion of any step if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed time.

i. Reprisal: The grievance procedure is intended to assure a grieving employee the right to present a grievance without fear of disciplinary action or reprisal by a supervisor, superior, or department head, provided provisions of this grievance procedure are properly observed.

Section 15.4 Grievance Procedure Steps

a. Step 1. Discussion with Immediate Supervisor. Not later than five (5) workdays after the event giving rise to the grievance, or five (5) workdays after the employee should reasonably have learned of the event giving rise to the grievance, whichever is later, the employee must discuss the grievance with his\her immediate supervisor. The immediate supervisor shall orally respond to the employee not later than five (5) workdays thereafter.

b. Step 2. Written Grievance to Immediate Supervisor. If the grievance is not settled at Step 1, or the employee has not received an oral response from the supervisor, the employee, not later than five (5) workdays after the discussion or receipt of the answer, may present the grievance in writing to the immediate supervisor. The immediate supervisor shall give the grievant a written response to the grievance within two (2) workdays after receipt of the written grievance.

c. Step 3. Written Appeal to Designated Department Appeal Officer. If the grievance is not settled at Step 2, the employee, not later than five (5) workdays after receipt of the immediate supervisor’s written response, may file a written appeal of that answer to the Department’s designated appeal officer. Not later than ten (10) workdays after receipt of

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the written appeal, the department designated appeal officer shall meet with the employee and an employee representative, if requested. The department appeal officer shall give a written answer to the grievant within five (5) workdays after such meeting.

d. Step 4. Written Grievance to the Department Head. If the grievance is not settled at Step 3, the employee, not later than five (5) workdays after receipt of the written answer from the department’s designated hearing officer, may file a written appeal of that answer to the Department Head. Not later than ten (10) workdays , or any agreed extension thereto, after receipt of the written appeal, the Department Head shall meet with the employee and employee representative, if requested. The Department Head shall give a written answer to the grievant within five (5) workdays after such meeting. The answer shall be considered final and binding on the employee, the Union and the City unless it is timely appealed to arbitration by the Union in accordance with the procedures set forth in Section 15.5 of this Agreement. If the department designated hearing officer is the department head, this Step 4 does not need to be followed.

Section 15.5 Arbitration

a. Appeal Procedure. Any grievance, as defined in Section 15 .1 of this Agreement, that has been properly and timely processed through the grievance procedure set forth in Section 15.4 of this Agreement and that has not been settled at the conclusion thereof, may be appealed to arbitration by the Union serving the City Manager with written notice of its intent to appeal. The failure to appeal a grievance to arbitration in accordance with this Section 15.5 within ten (10) calendar days after receipt of the written answer of the Department Head at Step 4 of the grievance procedure set forth in Section 15 .4 of this Agreement shall constitute a waiver of the Union’s right to appeal to arbitration, and the written answer of the Department Head at Step 4 of the grievance procedure shall be final and binding on the aggrieved employee, the City, and the Union.

b. Selection of Arbitrator. Not later than ten (10) calendar days after the Union serves the City with written notice of intent to appeal a grievance to arbitration, the City and the Union shall jointly request the California State Mediation and Conciliation Services to furnish, to the City and the Union, a list of five (5) qualified and impartial arbitrators. Within five (5) calendar days after receipt of that list by the City, the City and the Union shall alternately strike names from the list, until only one (1) name remains. The arbitrator whose name remains shall hear the grievance.

c. Arbitrator’s Jurisdiction. The jurisdiction and authority of the arbitrator and his opinion and award shall be confined exclusively to the interpretation and/or application of the express provision(s) of this Agreement at issue between the Union and the City. He shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement; to impose on either party a limitation or obligation not explicitly provided for in this Agreement; or to establish or alter any wage rate or wage structure. The arbitrator shall not hear or decide more than one (1) grievance unless the grievances are combined as stated in Section 13 .3 (g). The written award of the arbitrator on the merits of any grievance adjudicated within his jurisdiction and authority shall be considered as advisory and not final and binding, but may be modified, reversed or upheld by the City Manager.

The determination of the City Manager shall be final and binding.

ATTACHMENT C
ITEM 9

d. Fees and Expenses of Arbitration. The fee of the State Mediation and Conciliation Service and the fees and expenses of the arbitrator shall be shared equally by the City and the Union. Each party shall bear its own arbitration expense outside of the shared arbitrator expenses as stated in this paragraph d.

Section 15.6 Grievance Hearing

a. A hearing before the arbitrator will be scheduled and held as quickly as possible.

b. The hearing shall be attended by the employee initiating the grievance and may be attended by one representative of the employee’s choice, the city’s representative, the city attorney or designee. Other requested personnel upon the approval of the City Manager may attend the hearing. Costs of other requested personnel shall be paid by the requesting party.

c. The arbitrator shall insure that all sides have the opportunity to present the issue(s) as fairly as possible.

d. After all evidence and/or pertinent comments have been made, the arbitrator shall submit the decision on the grievance in writing to the City Manager within thirty (30) days from the close of the hearing. The City Manager may uphold, modify, or suspend the arbitrator’s decision. Such decision by the City Manager and the arbitrator’s decision shall be delivered in writing to the grievant or grievant’s representative within (5) workdays of receipt of the arbitrator’s decision. The decision of the City Manager shall be final and binding upon the employee, the Union and the City.

ARTICLE XVI

MISCELLANEOUS PROVISIONS

Section 16.1 No Cessation of Work

It is agreed between the City and the Union that there shall be no lockouts of any kind or for any cause on the part of the City, and that there will be no strikes or any other cessation of work of any kind on the part of the Union on account of any controversy whatever during the term of this Agreement.

Section 16.2 Bulletin Boards

The City agrees to establish bulletin boards upon its premises for the posting of notices at designated work areas. Said areas shall be the corporation yard, City Hall, Smyrna Park maintenance building, Fire Department, Police Department, and Wastewater Quality Control Plant. The City shall post a notice of each bargaining unit job vacancy it seeks to fill before requesting outside applicants.

ATTACHMENT C
ITEM 9

Section 16.3 Tuition Reimbursement

Employees who receive approval to participate in any course of study (1) at an accredited college or university that is located no more than seventy-five (75) road miles from the City or Ceres, and ( 2) that will increase the employee’s technical job knowledge or will enable the employee to compete for other job opportunities with the City, shall be reimbursed for tuition, registration fees, and required books. Actual payment shall be made following satisfactory completion of approved classes or courses and submittal to the City by the employee, the following: 1) a copy of the school official grade report of the classes or courses taken, 2) a copy of the receipt received from the school for tuition payment, and 3) a copy of the receipt received for purchase of required books (if requesting reimbursement for books). Employees participating in said courses may keep books and supplies as personal property.

Section 16.4 Severability & Replacement of Illegal Clause

a. Should any section or provision of the Agreement be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such section or provision shall not invalidate the remaining portions and shall remain in full force and effect for the duration of this Agreement.

b. The City and the Union agree at the time such section or provision is declared illegal, to bargain where possible, a provision to legally replace that portion declared illegal.

Section 16.5 Open and Promotional Positions

In accordance with the City Personnel Rule V, positions within the bargaining unit are competitive and open to all qualified applicants. This includes promotional positions that are within the unit.

ARTICLE XVII

TERM, TERMINATION AND RENEWAL

Section 18.1 Term of Agreement

a. This Labor Agreement shall continue in full force and effect through midnight, June 30, 2025. Thereafter, it shall automatically renew itself and continue in full force and effect from year to year unless written notice of election to terminate or modify any provision of this Agreement is given by one party, and received by the other not later than sixty (60) days prior to the expiration date of any succeeding year. Notwithstanding such notice to terminate or to modify this Agreement, the parties hereto agree:

1. To meet and confer in good faith with the other through their authorized agents for the purpose of negotiating a new Agreement or an Agreement containing the proposed modifications.

ATTACHMENT C
ITEM 9

2. To continue in full force and effect without resorting to strikes or walk-outs, all the terms and conditions of the existing Agreement for a period of sixty (60) days after such Agreement expires.

3. To notify state agencies, if required, within the time required by any applicable laws, of the existence of such dispute, provided that no agreement has been reached by that time.

b. Written notice shall be addressed as follows:

To Bargaining Unit:

Business Manager
Construction, Production and Maintenance Laborer's #1130 P.O. Box 3448
Modesto, CA. 95353

To City:

City of Ceres, Human Resource Manager
2 220 Magnolia Street
Ceres, CA. 95307

ATTACHMENT C
ITEM 9

ATTACHMENT A

POSITION CLASSIFICATIONS

MISCELLANEOUS EMPLOYEES SALARY

CLASSIFICATIONS SCHEDULE

Account Clerk I J38
Account Clerk II J42
Administrative Analyst J61
Administrative Secretary J49
Assistant Engineer J68
Assistant Planner J59
Associate Engineer J72
Associate Planner J63
Building Permit Technician J46
Code Enforcement Officer J53
Community Service Officer J48
Crime Analyst/Crime Scene Technician J55
Custodian J38
Engineering Technician I J50
Engineering Technician II J54
Facility Maintenance Worker I J41
Facility Maintenance Worker II J45
Field Service Technician (formerly Customer Service Technician) J46 Fleet Mechanic I J47
Fleet Mechanic II J51
IT Systems Analyst J62
Parks Maintenance Worker I J41
Parks Maintenance Worker II J45
Planning Technician J49
Public Safety Dispatcher I J46
Public Safety Dispatcher II J50
Public Safety Records Clerk I J38
Public Safety Records Clerk II J42
Senior Public Safety Dispatcher J52
Recreation Administrative Coordinator J49
Recreation Coordinator J47
Secretary J45
Senior Account Clerk J46
Senior Civil Engineer J99
Senior Facility Maintenance Worker J49
Senior Fleet Mechanic J55
Senior IT Systems Analyst J66
Senior Parks Maintenance Worker J49
Senior Planner J67
Senior Public Safety Dispatch J54
Senior Street Maintenance Operator J49
Senior Wastewater Operator J52
Senior Water Distribution Operator J55

ATTACHMENT C
ITEM 9

Streets Maintenance Operator I J41
Streets Maintenance Operator II J45
Wastewater Operator I J44
Wastewater Operator II J48
Water Distribution Operator I J47
Water Distribution Operator II J51
Water Resources Analyst J55

ATTACHMENT C
ITEM 9

ATTACHMENT B

GUIDELINES FOR WORKBOOTS

The following is intended to provide guidance to affected employees, supervisors and departments in administering the work boot reimbursements provisions stated in Article VIII, Section 8.3(b), of the current Miscellaneous Bargaining Unit MOU.

1. The work boot allowance intent is to provide those required to wear work boots with assistance to purchase a pair of sturdy, quality work boots.

2. The per year allowance is based upon the fiscal year.

3. More than one pair of work boots may be purchased within the applicable period, but employee will only be reimbursed to the maximum $250.00 allowance after the first pair.

4. Work boots may be purchased using a city credit card. Employee must provide the sales receipt of the transaction to his/her supervisor. Employees will be held responsible for amounts spent over $250.00.

5. Employees purchasing work boots with personal funds must provide a sales receipt and complete the necessary forms for reimbursement as may be requested by the department and/or finance.

ATTACHMENT C
ITEM 9

IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals by their respective officers duly authorized to do so this day of 2024.

FOR THE CITY: FOR THE UNION:

CITY OF CERES NORTHERN CALIFORNIA DISTRICT
COUNCIL OF LABORERS’ AND,

CONSTRUCTION, PRODUCTION, &

MAINTENANCE LABORER'S LOCAL
UNION #1130; AFL:CIO

_ ______________________ Date: ________ _______________________ Date: ________ Debra H. Vierra, Joshua E. Lepper,
White Brenner Business Manager/ Secretary-Treasurer

_ ______________________
Date: ________ _______________________ Date: ________ Douglas D. Dunford, Rob Herrington,
City Manager Negotiating Team Member

_ ______________________
Date: ________ _______________________ Date: ________ Delilah Vasquez, Scott Keyes,
Human Resources Director Negotiation Team Member

_______________________ ___________ _ ______________________ Date: ________
Baxter Bilich,
Negotiation Team Member

ATTACHMENT C
ITEM 9
Budge
t Amendment No. 2024-XXX
Fiscal Year 2024-25
Ref
erence Resolution No . 2024- , dated August 12, 2024 authorizing appropriations for Miscellaneous Bargaining Unit MOU Costs as follows:

Appr
opriations:

Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
PERSONNEL COSTS 100** 01**** 24,633.80
PERSONNEL COSTS 219** 01**** 3,774.00
PERSONNEL COSTS 255** 01**** 3,436.02
PERSONNEL COSTS 292** 01**** 2,390.55
PERSONNEL COSTS 295** 01**** 177.41
PERSONNEL COSTS 297** 01**** 425.50
PERSONNEL COSTS 527** 01**** 47,085.88
PERSONNEL COSTS 567** 01**** 36,795.61
PERSONNEL COSTS 600** 01**** 5,088.00
PERSONNEL COSTS 616** 01**** 11,180.00
PERSONNEL COSTS 679** 01**** 8,220.00
Requested Appropriation 143,206.77
Current Appropriation 0.00
Total Appropriation 143,206.77
Fis
cal Impact: TAKING FROM FUND BALANCE RESERVES

ATTACHMENT D
ITEM 9
ITEM 9

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: August 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Delilah Vasquez, Director of Human Resources
[email protected], (209) 538-5772
SUBJECT: Resolution No. 202 4-XXX, Amending the Part-Time (Non -Regular) Employee Hourly Pay Rate Schedule , Effective in the Pay Period Beginning August 18, 2024
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council approve a resolution amending the Part-Time (Non-Regular) Employee Hourly Pay Rate Schedule effective in the Pay Period Beginning August 18, 2024.

I. BACKGRO UND:

The C
ity of Ceres maintains an hourly pay rate schedule for positions that are not part of our classification plan and are part -time, seasonal, or temporary in nature. These positions receive no benefits other than those required by law, such as sick leave.

The m
inimum wage in California, effective January 1, 2024, is $16.00/hour for all employers with 26 employees or more. The minimum wage for fast food workers increased to $20.00/hour effective April 1, 2024. The minimum wage is adjusted annually for inflation based on the national consumer price index for urban wage earners and clerical workers. The city is subject to both the federal and state minimum wage laws.

The ex
isting part -time (non- regular) employee hourly pay rate schedule includes pay increases for Recreation personnel (permanent and seasonal), Reserve Public Safety Dispatchers I/II and Reserve Police Officers. It does not include the part-time Abandoned Vehicle Abatement (AVA) personnel.

AVA positions are fully funded by the
StanCOG (Stanislaus Council of Government).

StanCOG serves as the Abandoned Vehicle Authority (AVA) as designated by the Stanislaus County Board of Supervisors, pursuant to California Vehicle Code, Section 22710(a). It receives funding from the State Department of Motor Vehicles, a surcharge of one dollar per vehicle registered in Stanislaus County, to fund the Abandoned Vehicle Abatement program.

ITEM 10
Staff submits quarterly reports to StanCOG providing statistics for the previous quarter.

The city is paid based on the number of citations issued and abandoned vehicles that have been towed. Revenue is received throughout the year as reports are posted and processed.

II. RE
ASONS FOR RECOMMENDATIO N:

In April 1996, Council authorized the addition of a vehicle abatement program supported with restricted vehicle abatement special revenue fund as required by state law. In April 2019, Council authorized the addition of one part -time AVA personnel to combat the volume of calls for service involving abandoned vehicle. There are currently two (2) part- time staff who were hired at an hourly rate of $19.09 per hour. The wages were equivalent to Pay Grade J46/A Step. The part -time staff have not received a salary increase since hire or the ability to receive a step increase consistent with other part -time staff. Equity adjustments provided to represented employees in salary range J46/A Step increased the hourly rate of pay to $21.39 per hour. We are seeking to amend the existing part-time (non-regular) hourly pay rate schedule to include three (3) pay rates for part -time AVA personnel for parity with other part -time extra-help staff. This position does not receive the cost-of-living increases negotiated for our represented classifications.

Implementation of the recommended revisions will align with federal and state laws, increase opportunities, and provide more flexibility in offering a competitive salary to highly qualified candidates.

III. F
ISCAL IMPACTS :

The recommended salary increase for the two Abandoned Vehicle Abatement Officers is estimated to cost the city approximately $3,337 annually. The AVA r evenue account funds 100% of the total annual cost to operate the AVA program and funding for this recommendation is included in the Fiscal Year 2024-2025 Budget. Staff will include costs for future years in its annual budget.

IV. E
XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN :

N/A
V. P OLICY ALTERNATIVES :

Council may reject all or part of the proposed recommendations.

VI. I NTERDEPARTMENTAL COORDINATION:

This recommendation was developed with the cooperation of Human Resources and the Police Department.

VII. P
UBLIC PARTICIPATION:

N/A
VIII. EN VIRONMENTAL REVIEW :

N/A
ITEM 10
IX. STEPS FOLLOWING APPROVAL:

Upon approval, Staff will update the pay rate schedule and submit pay rate adjustments to Human Resources for any current eligible employees, to be effective in the Pay Period beginning August 18, 2024.

A
pproved by: ____________________
Douglas D. Dunford,
City Manager
A
ttachments:

1. Attachment A – Resolution

2. Exhibit A – Recommended Hourly Pay Rate Schedule

3. Attachment C – Current Hourly Pay Rate Schedule
ITEM 10
ITEM 10

ATTACHMENT A
RESOLUTION NO. 2024-XXX
AME

NDING THE PART-TIME (NON-REGULAR) EMPLOYEE HOURLY

PAY RATE SCHEDULE, EFFECTIVE IN THE PAY PERIOD BEGINNING AUGUST 18, 2024
THE

CITY COUNCIL
City of Ceres
WHE
REAS, the City of Ceres part -time (non-regular) positions must be updated to meet federal and state minimum law requirements as provided in Exhibit A; and WHE
REAS, the existing part -time (non -regular) employee hourly rate schedule does not include the hourly pay rate for part-time Abandoned Vehicle Abatement personnel; and
WHE
REAS, the part-time (non-regular) employee hourly pay rate schedule has not been updated to meet current industry changes and legal requirements for this position.

NOW,
THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby amend the part -time (non- regular) employee hourly pay rate schedule , effective in the pay period beginning August 18, 2024.

PAS
SED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of August 2024, by the following vote:

AYES: Counc
ilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
______
__________________________
Javier Lopez, Mayor
ATTEST:
______
___________________________
Fallon Martin, City Clerk
ITEM 10

Recreation Rates apply as follows:

• Rate 1; at hire
• Rate 2; after one year/season of service
• Rate 3; after two years/seasons of service

Reserve Public Safety Dispatcher
• Step A: equivalent to Public Safety Dispatcher I (Grade J46) o At hire.
 Eligible for step increase after 1,040 hours.
• Step B: equivalent to Public Safety Dispatcher I (Grade J46) o At least one year of full-time experience as a public safety dispatcher.  Eligible for step increase after 2,080 hours at step B. • Step C: equivalent to Public Safety Dispatcher I (Grade J46) o At least two years of full-time experience as a public safety dispatcher.  Eligible for step increase after 2,080 hours at step C. • Step D: equivalent to Public Safety Dispatcher I (Grade J46) o At least three years of full-time experience as a public safety dispatcher.  Eligible for step increase after 2,080 hours at step D. • Step E: equivalent to Public Safety Dispatcher I (Grade J46) o At least four years of full-time experience as a public safety dispatcher.

Reserve Public Safety Dispatcher
(Previous comparable to a Dispatcher I with the City of Ceres) • Step A: equivalent to Public Safety Dispatcher II (Grade J50) o At least two years full-time experience comparable to that of a Dispatcher I with the City of Ceres.
• Step B: equivalent to Public Safety Dispatcher II (Grade J50) o At least three years full-time experience comparable to that of a Dispatcher I with the City of Ceres.

RECREATION 2024
Rate 1 Rate 2 Rate 3
Class Instructor $26.29 $27.60 $28.98
Events/Facility Specialist $20.31 $21.33 $22.39
Recreation Leader $16.25 $17.06 $17.92
Senior Recreation Leader $18.63 $19.56 $20.54

SEASONAL
Assistant Pool Manager $19.25 $20.21 $21.22
Pool Manager $20.21 $21.22 $22.28
Sports Official $18.46 $19.38 $20.35
Swim Instructor/Lifeguard $17.50 $18.38 $19.29

CITY OF CERES
Part-Time (Non-Regular) Employee
Hourly Pay Rate Schedule
Effective February 4, 2024

EXHIBIT A
ITEM 10
• Step C: equivalent to Public Safety Dispatcher II (Grade J50) o At least four years full-time experience comparable to that of a Dispatcher I with the City of Ceres.
• Step D: equivalent to Public Safety Dispatcher II (Grade J50) o At least five years full-time experience comparable to that of a Dispatcher I with the City of Ceres.
• Step E: equivalent to Public Safety Dispatcher II (Grade J50) o At least six years full-time experience comparable to that of a Dispatcher I with the City of Ceres.

Reserve Police Officer
• Step A: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire.
 Eligible for step increase after 1,040 hours at Step A. • Step B: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire: AND
o At least one year of full-time experience as a sworn peace officer under Section 830.1 PC.
 Eligible for step increase after 2,080 hours at step B. • Step C: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire; AND
o Eligible to possess a Proof of Eligibility (POE) for Intermediate from California Peace Officer Standards and Training under SB 2; AND o At least two years of full-time experience as a sworn peace officer under Section 830.1 PC.
 Eligible for step increase after 2,080 hours at Step C. • Step D: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire; AND
o Eligible to possess a Proof of Eligibility (POE) for Intermediate from California Peace Officer Standards and Training under SB 2; AND o At least three years of full-time experience as a sworn peace officer under Section 830.1 PC.
 Eligible for step increase after 2,080 hours at Step D. • Step E: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire; AND
o Eligible to possess a Proof of Eligibility (POE) for Advanced from California Peace Officer Standards and Training under SB 2; AND o At least four years of full-time experience as a sworn peace officer under Section 830.1 PC.
 Eligible for step increase after 2,080 hours at Step E. • Step F: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire; AND
o Eligible to possess a Proof of Eligibility (POE) for Advanced from California Peace Officer Standards and Training under SB 2; AND o At least five years of full-time experience as a sworn peace officer under Section 830.1 PC.

ITEM 10
ITEM 10
1 Rat
es apply as follows:
• Rate 1: at hire
• Rate 2: after one year/season of service
• Rate 3: after two years/seasons of service
Reser
ve Public Safety Dispatcher
• Step A: equivalent to Public Safety Dispatcher I (Grade J46) o At hire.
 Eligible for step increase after 1,040 hours.
• Step B: equivalent to Public Safety Dispatcher I (Grade J46) o At least one year of full-time experience as a public safety dispatcher.  Eligible for step increase after 2,080 hours at step B. • Step C: equivalent to Public Safety Dispatcher I (Grade J46) o At least two years of full-time experience as a public safety dispatcher.  Eligible for step increase after 2,080 hours at step C. • Step D: equivalent to Public Safety Dispatcher I (Grade J46) o At least three years of full-time experience as a public safety dispatcher.  Eligible for step increase after 2,080 hours at step D. • Step E: equivalent to Public Safety Dispatcher I (Grade J46) o At least four years of full-time experience as a public safety dispatcher.

Reser
ve Public Safety Dispatcher
(Previous comparable to a Dispatcher I with the City of Ceres) • Step A: equivalent to Public Safety Dispatcher II (Grade J50) o At least two years full-time experience comparable to that of a Dispatcher I with the City of Ceres.
• Step B: equivalent to Public Safety Dispatcher II (Grade J50) 2024
RECREATION Rate 1 Rate 2 Rate 3
Class Instructor $26.29 $27.60 $28.98
Events/Facility Specialist $20.31 $21.33 $22.39
Recreation Leader $16.25 $17.06 $17.92
Senior Recreation Leader $18.63 $19.56 $20.54

SEASONAL
Assistant Pool Manager $19.25 $20.21 $21.22
Pool Manager $20.21 $21.22 $22.28
Sports Official $18.46 $19.38 $20.35
Swim Instructor/Lifeguard $17.50 $18.38 $19.29

POLICE DEPARTMENT
Abandoned Vehicle Abatement Officer $21.39 $22.45 $23.58

CITY OF CERES
Part-Time (Non-Regular) Employee
Hourly Pay Rate Schedule
Effective August 18, 2024

ATTACHMENT B
ITEM 10
2 o At least three years full-time experience comparable to that of a Dispatcher I with the City of Ceres.
• Step C: equivalent to Public Safety Dispatcher II (Grade J50) o At least four years full-time experience comparable to that of a Dispatcher I with the City of Ceres.
• Step D: equivalent to Public Safety Dispatcher II (Grade J50) o At least five years full-time experience comparable to that of a Dispatcher I with the City of Ceres.
• Step E: equivalent to Public Safety Dispatcher II (Grade J50) o At least six years full-time experience comparable to that of a Dispatcher I with the City of Ceres.

Reser
ve Police Officer
• Step A: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire.
 Eligible for step increase after 1,040 hours at Step A. • Step B: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire: AND
o At least one year of full-time experience as a sworn peace officer under Section 830.1 PC.
 Eligible for step increase after 2,080 hours at step B. • Step C: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire; AND
o Eligible to possess a Proof of Eligibility (POE) for Intermediate from California Peace Officer Standards and Training under SB 2; AND
o At least two years of full-time experience as a sworn peace officer under Section 830.1 PC.
 Eligible for step increase after 2,080 hours at Step C. • Step D: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire; AND
o Eligible to possess a Proof of Eligibility (POE) for Intermediate from California Peace Officer Standards and Training under SB 2; AND
o At least three years of full-time experience as a sworn peace officer under Section 830.1 PC.
 Eligible for step increase after 2,080 hours at Step D. • Step E: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire; AND
o Eligible to possess a Proof of Eligibility (POE) for Advanced from California Peace Officer Standards and Training under SB 2; AND
o At least four years of full-time experience as a sworn peace officer under Section 830.1 PC.
 Eligible for step increase after 2,080 hours at Step E. • Step F: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire; AND
o Eligible to possess a Proof of Eligibility (POE) for Advanced from California Peace Officer Standards and Training under SB 2; AND
o At least five years of full-time experience as a sworn peace officer under Section 830.1 PC.

ITEM 10

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: August 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Joey Chavez, Recreation Manager
[email protected], (209) 538-5682
SUBJECT: Resolution No. XXX-XX, Approving a Contract with the Stanislaus County Area Agency on Aging for Upgrades to the Senior Lounge and Authorizing the City Manager to Execute the Contract RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council approve a Contract with the Stanislaus County Area Aency on Aging. This contract will be effective through September 15, 2024.

I. BACKGRO UND:

St
anislaus County Aging and Veteran Services has a Grant funded contract for the Ceres Community Center to upgrade and enhance equipment and goods for the Senior Nutrition and Socialization Meal Program.

II. REASONS FOR RECOMMENDATION :

I. Improvement of Service Efficiency: Upgrading equipment such as kitchen appliances, food storage units, and serving utensils can streamline meal preparation and service, leading to faster delivery and fresher meals for seniors.

II. Enhanced Nutritional Quality: New equipment can enable the preparation of more nutritious meals, ensuring seniors receive balanced diets that meet their dietary needs, including specialized diets for health conditions like diabetes or hypertension.

III. Capacity for Increased Outreach: With improved equipment and resources, you can potentially increase the number of seniors served or expand outreach to underserved communities, addressing food insecurity among older adults more effectively
IV. Community Impact and Well -being: Ensuring seniors receive quality nutrition not only supports their physical health but also contributes to their overall well -being and quality of life, fostering a stronger and more resilient community ITEM 11
III. FISCAL IMPACTS:

The use of contract service funds will provide a unique opportunity to addressing pressing community needs with federal support. By leveraging these funds for the senior meals program, we can achieve a sustainable impact, that extends beyond immediate relief, by setting a foundation for ongoing community support and well-being.

The additional appropriation of $13,620 to 10055.030202 Furniture & Furnishings <5k funds will be reimbursed as a revenue offset by Stanislaus County Area Agency of Aging.

All purchases must be completed by September 10, 2024. The final invoice will be due September 15, 2024, and is considered a strategic investment that addresses food insecurities, improves health outcomes, enhances community resilience and fosters social engagement among elderly residents.

I. Reimbursement Process: Reimbursement will be sought from Stanislaus County Area Agency on Aging. The reimbursement is expected to cover the entire cost of the furniture and appliance purchase.

II. Document and Compliance: Detailed records of all purchases including invoices, receipts and payment proofs will be maintained through the end of December 31, 2024. These documents will be submitted to ensure compliance.

IV. E
XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN :

N/A
V. P OLICY ALTERNATIVES :

Council could choose to not approve the Contract.

VI. I NTERDEPARTMENTAL COORDINATION:

N/A
VII. P UBLIC PARTICIPATION:

N/A
VIII. EN VIRONMENTAL REVIEW :

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval the City Manager will sign the Contract with the Stanislaus County Area Agency on Aging.

Approved by: ____________________
Douglas D. Dunford,
City Manager

ITEM 11
Attachments:
1 Attachment A – Resolution
2 Attachment B – Budget Amendment
3 Attachment C – Contract
ITEM 11
ITEM 11

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING A CONTRACT WITH THE STANISLAUS COUNTY AREA

AGENCY ON AGING FOR UPGRADES TO THE SENIOR LOUNGE

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, City of Ceres Recreation Department and Stanislaus County Area Agency on Aging has determined that collaboration in this initiative will ensure the affective distribution of nutritious meals and facilitate community engagement activities for seniors; and

WHEREAS, the implementation of a comprehensive Infrastructure Grant funded contract aligns with both parties’ goals to support and uplift the senior community through efficient use of the available resources; and

WHEREAS, this contract establishes the role, responsibilities, and commitment of both the City of Ceres Recreation Department and Stanislaus County Area Agency on Aging in the execution of the Infrastructure grant.

WHEREAS, this contract will be funded though additional appropriations of $13,620 in Furniture and Furnishings <$5k and reimbursed by Stanislaus County Area Agency on Aging after September 15, 2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a contract with the Stanislaus County Area Agency on Aging for upgrades to the Senior Lounge 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 12
th day of August 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 11
ITEM 11
Budget Amendment No.

Fiscal Year
Reference Resolution No . , dated authorizing appropriations for as follows:

Appropriations:

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

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

ATTACHMENT B
ITEM 11
ITEM 11
1 AGREEMENT BETWEEN

THE COUNTY OF STANISLAUS

AREA AGENCY ON AGING

AND VETERANS SERVICES

AND THE CITY OF CERES
This AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (the “Agreement”) , dated for reference purposes as of _______________, 2024, is by and between STANISLAUS COUNTY AREA AGENCY ON AGING AND VETERANS SERVICES ("the County ") and the CITY OF CERES ("Subgrantee"), a California public agency.

RECITALS
WHEREAS, on November 8, 2022, the County Board of Supervisors adopted a resolution approving the Senior Nutrition Infrastructure Grant Funds for the Area Agency on Aging and authorized the Director of the Department of Aging and Veteran s Services, to sign contract NI- 2223-30 with the California Department of Aging (CDA) in the amount of $760,004 for the term of October 1, 2022 , through October 31,2023, and any subsequent amendments. CDA extended the funding availability term to September 30, 2024, through a Program Memo.

WHEREAS, The Senior Nutrition Infrastructure Grant (“Grant”) provides and emphasizes priority funding for purchasing, upgrading, or refurbishing infrastructure for the production and distribution of congregate or home-delivered meals, including but not limited to the following:
• Production-scale commercial kitchens including commercial grade equipment such as ovens, stoves, steamers, and mixers.
• Warming, refrigeration, or freezer capacity and equipment including refrigerators and freezers, hot holding equipment, insulated food delivery bags, and steam tables. • Food delivery vehicles including cars, trucks, vans, and temperature-controlled vehicles. • Improvements and equipment to expand capacity for providers of meals including food/meal packing equipment, dishwashers, three -compartment sinks, prep tables, steam tables, and salad bars.
• Refurbishments including repair or replacement of damaged and/or deteriorated flooring and/or repair and painting of damaged wall surfaces in areas w here food is prepared, packaged, stored, or served including areas where kitchenware is washed and stored. • Grantee must verify flooring or painting is not covered under a building lease prior to requesting use of infrastructure funding for this purpose and the grantee must maintain documentation in case of grant monitoring or audit.
• Energy efficient light fixtures in kitchen or congregate meal service areas.

ATTACHMENT C
ITEM 11

2 • Installation costs (labor/materials) for allowable improvements and equipment.

• Furniture, including table and chairs, for congregate meal service areas.

WHEREAS, this funding cannot be used to make additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations, or alterations to capital assets that materially increase their value or useful life. This includes any equipment that is permanently affixed to a building such as non-portable generators, walk-in refrigerators, and walk-in freezers.

WHEREAS, t he Subgrantee has applied to be a sub recipient of G rant funds for the purposes approved in the Grant Agreement.

THEREFORE, in consideration of the mutual promises, covenants, terms and conditions contained herein, the parties agree as follows:

TERMS AND CONDITIONS

1. RECITALS. The above recitals are true and correct and are hereby incorporated as a material part of this Agreement.

2. SCOPE OF WORK.

2.1 The Subgrantee shall procure and purchase the equipment , infrastructure or improvements (“Improvements”) set forth in EXHIBIT A attached and incorporated by reference to this Agreement.

2.2 After the Improvements are procured, purchased, installed and operational, the County will reimburse the Subgrantee for the actual cost of the work, not to exceed the amount set forth in EXHIBIT A. The Subgrantee’s request for reimbursement shall be on forms approved by the County.

2.3 Improvements installed by the Subgrantee shall be performed in a timely manner consistent with the requirements and stand ards established by the Grant Requirements set forth in EXHIBIT C , which is attached and incorporated by reference to this Agreement, and applicable F ederal, State and County laws, ordinances, regulations, and resolutions.

2.4 If the Improvements require installation costs, Subgrantee shall pay for all costs of installation without reimbursement from the Grant , unless otherwise set forth in Exhibit A.

2.5 Subgrantee’s contractors shall comply with all applicable prevailing wage and Labor Code requirements as set forth on EXHIBIT D , which is attached and incorporated by reference to this Agreement.

ATTACHMENT C
ITEM 11

3 2.6 Except as expressly provided in EXHIBIT A of this Agreement, Subgrantee shall not be entitled to nor receive from the County any additional consideration, compensation, salary, wages or other type of remuneration for services rendered under this Agreement. Specifically, Subgrantee shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, disability retirement benefits, sick leave, vacation time, paid holidays or other paid leaves of absence of any type or kind whatsoever.

2.7 The County shall not withhold any Federal or State income taxes or Social Security tax from any payments made by the County to Subgrantee under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Subgrantee. The County has no responsibility or liability for payment of Subgrantee's taxes or assessments.

2.8 Payment of all services provided in accordance with the provisions of this Agreement is contingent upon the availability of County, State and Federal funds.

Grant funds have been received by the County.

3. TERM.

3.1 GRANT PERFORMANCE PERIOD. Unless sooner terminated as provided below or by some other method provided for in this Agreement, a ll tasks and work performed, and all Improvements or equipment to be purchased and installed must be completed during the grant performance period from the beginning of the contract through September 10, 2024. No invoices for equipment purchased or work completed after September 10 , 2024 , will be paid. All invoices and documentation required for reimbursement shall be submitted by no later than September 15, 2024.

3.2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party's option, may terminate this Agreement by giving written notification to the other party.

3.3 This Agreement shall terminate upon ten (10) days prior written notice on the occurrence of (a) bankruptcy or insolvency of either party, (b) sale of Subgrantee's business, (c) cancellation or nonrenewal of insurance required under the terms of this Agreement , and (d) if, for any reason, Subgrantee ceases to be licensed or otherwise authorized to do business in the State of California, and the Subgrantee fails to remedy such defect or defects within thirty (30) days of receipt of notice of such defect or defects.

3.4 This Agr eement may be terminated by the County for the reasons set forth in EXHIBIT C, Grant Requirements.

4. LICENSES, PERMITS.

ATTACHMENT C
ITEM 11

4 Any licenses, certifica tes or permits required by the F ederal, State, County or municipal governments for Subgrantee to provide the services and work described in EXHIBIT A must be procured by Subgrantee and be valid at the time Subgrantee enters into this Agreement and throughout Subgrantee’s performance of the work and services contemplated by this Agreement. Further, during the term of this Agreement, Subgrantee must maintain such licenses, certificates , and permits in full force and effect. Licenses, certificates, and permits may include but are not limited to driver's licenses, professional licenses or certificates and business licenses. Such licenses, certificates and permits shall be procured and maintained in force by Subgrantee at no expense to the County.

Subgrantee shall comply with all local, State and Federal laws, rules and regulations.

5. OFFICE SPACE, SUPPLIES, EQUIPMENT.

Unless otherwise provided in EXHIBIT A , Subgrantee shall provide such office space, installation costs, supplies, equipment, vehicles, reference materials and telephone service as is necessary for Subgrantee to relating to the Improvements identified in EXHIBIT A to this Agreement . The County is not obligated to reimburse or pay Subgrantee for any expense or cost incurred by Subgrantee in procuring or maintaining such items.

Responsibility for the costs and expenses incurred by Subgrantee in providing and maintaining such items is the sole responsibility and obligation of Subgrantee.

6. DEFENSE AND INDEMNIFICATION.

6.1 To the fullest extent permitted by law, the Subgrantee shall indemnif y, hold harmless and defend the County and its agents, officers and employees from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorneys’ fees, arising out of, resulting from, or in connection with the performance of this Agreement by the Subgrantee or its officers, employees, agents, representatives or subcontractors. This indemnification obligation extends to and includes personal injury, death, or damage or destruction to tangi ble or intangible prop erty, including the loss of use; provided, however, such indemnification shall not extend to or cover loss, damage or expense arising from the gross negligence or willful misconduct of the County or its agents, officers and employees.

6.2 The Subgrantee's obligation to defend, indemnify and hold the County and its agents, officers and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for the Subgrantee to procure and maintain a policy of insurance.

6.3 The Subgrantee shall indemnify, defend, and hold harmless and shall be responsible for any and all federal, state and local taxes, fees, or contributions required to be paid with respect to Subgrantee and Subgrantee’s officers, employees, and agents engaged in the performance of this Agreement, including and without limitation unemployment insurance, social security and payroll tax withholding.

ATTACHMENT C
ITEM 11

5 7. STATUS OF SUBGRANTEE.

7.1 All acts of Subgrantee and its officers, employees, agents, representatives, subcontractors and all others acting on behalf of Subgrantee relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers or employees of the County. Subgrantee, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of the County.

No agent, officer or employee of the County is to be considered an employee of Subgrantee. It is understood by both Subgrantee and the County that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

7.2 At all times during the term of this Agreement, the Subgrantee and its officers, employees, agents, representatives, or subcontractors are, and shall represent and conduct themselves as, independent contractors and not employees of the County.

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

7.4 If in the performance of this Agreement Subgrantee contracts with or employs any third persons, such persons shall be entirely and exclusively under the direction, supervision and control of Subgrantee. All terms of the contract or employment including hours, wages, working conditions, discipline, hiring and discharging or any other terms or requirements of law shall be determined by the Subgrantee.

7.5 It is further understood and agreed that Subgrantee must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Subgrantee's assigned personnel under the terms and conditions of this Agreement.

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

8. RECORDS AND AUDITS.

8.1 Subgrantee shall prepare and maintain all writings, documents, and records prepared or compiled in connection with the performance of this Agreement for a minimum of five (5) years from the termination or completion of this Agreement

ATTACHMENT C
ITEM 11

6 or until such records and their supporting documentation are released due to closure of Federal/State audit, whichever is longer. This includes any handwriting, typewriting, printing, photostatic, photographing, and every other means of recording upon any tangible thing, any fo rm of communication or representation including letters, words, pictures, sounds, or symbols or any combination thereof.

8.2 Any authorized representative of the County shall have access to any writings listed above for the purposes of making audit, evaluatio n, examination, excerpts, and transcripts during the period such records are to be maintained by the Subgrantee.

Further, the County has the right at all reasonable times to audit, inspect, or otherwise evaluate the work performed or being performed under this Agreement.

8.3 The County shall have the right to audit all invoices and records of the Subgrantee related to this Agreement as required by State law.

8.4 The Subgrantee agrees that its financial records shall contain itemized records of all costs and be available for inspection in Stanislaus County within three (3) working days of the request by the County, State or Federal agencies.

8.5 Monitoring by the County may be accomplished by the following non-exclusive means: field reviews, audit claims, review of records.

9. NONDISCRIMINATION.

9.1 During the performance of this Agreement, the Subgrantee and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religious creed, color, national origin, ancestry, physical or mental disability (including perception of a disability), medical condition, genetic information, marital status, sex, gender (including pregnancy, childbirth, or related medical conditions), gender identity, gender expression, age (over 40), sexual orientation, military and veteran status, political affiliation or belief. The Subgrantee and its officers, employees, agents, representatives or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the County ’s non -discrimination policy; the Fair Employment and Housing Act (Government Code sections 12900 et seq.); California Labor Code sections 1101 and 1102; the Federal Civil Rights Act of 1964 (P.L. 88 -352) as amended, Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C. 797), the Americans with Disabilities Act (ADA) of 1990, the A DA Amendments Act of 2008, the Pregnancy Discrimination Act, the Equal Pay Act, the Age Discrimination in Employment Act of 1967 (ADEA), and Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA); and all applicable regulations promulgated in the California Code of Regulations or the Code of Federal Regulations.

ATTACHMENT C
ITEM 11

7 9.2 The Subgrantee shall include the non-discrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

9.3 The Subgrantee shall provide a system by which recipients of service shall have the opportunity to express and have considered their views, grievances and complaints regarding the Subgrantee’s delivery of services.

10. ASSIGNMENT.

The Subgrantee shall not assign or subcontract this Agreement without the express written consent of the County. Further, Subgrantee shall not assign any monies due or to become due under this Agreement without the prior written consent of the County.

11. WAIVER OF DEFAULT.

Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modifica tion of the terms of this Agreement unless this Agreement is modified as provided below.

12. NOTICE.

Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either party during the term of this Agreement s hall be made within thirty (30) days in writing and may be personally served or, alternatively, sent by prepaid first class mail and/or to the email listed below as follows to the respective parties:

To County: The County of Stanislaus
Area Agency on Aging and Veterans Services
Attention: Kim Delucchi, Contracts Coordinator
3500 Coffee Road, Suite 19
Modesto, CA 95355
[email protected]

To Subgrantee: City of Ceres
Attention: Doug Dunford, City Manager
2220 Magnolia Street
Ceres, CA 95307
[email protected]

13. CONFLICTS. The Subgrantee agrees that it has no inte rest and shall not acquire any interest direct or indirect which would conflict in any manner or degree with the performance of the work and services under this Agreement.

ATTACHMENT C
ITEM 11

8 14. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determin ation shall not affect the validity or enforceability of the remaining terms and provisions or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the ba rgain for any party is materially impaired, which determination is made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

15. AMENDMENT. The County’s Director of Area Agency on Aging and Veterans Services (“Director”) may amend, revise or supplement the Agreement by Administrative Amendment in order to maintain compliance with applicable laws and regulations or Grant requirements upon written notice to the Subgrantee. The Administrative Amendment shall be effective upon execution by the Director and delivery to Subgrantee. Amendments which modify the substantive terms of the Agreement shall be approved by the Director and the Executive Director of the Subgrantee.

Subgrantee may not modify, amend, change, add to, or subtract from this Agreement without the mutual consent of the parties.

Any amendment or change shall be in writing and executed with the same formalities as this Agreement and attached to the original Agreement to maintain continuity.

16. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

17. CONSTRUCTION. Headings or ca ptions to the provisions of this Agreement are solely for the convenience of the parties, are not part of this Agreement, and shall not be used to interpret or determine the validity of this Agreement. Any ambiguity in this Agreement shall not be construed against the drafter, but rather the terms and provisions hereof shall be given a reasonable interpretation as if both parties had in fact drafted this Agreement.

18. GOVERNING LAW AND VENUE. This Agreement shall be deemed to be made under and shall be govern ed by and construed in accordance with, the laws of the State of California. Any action brought to enforce the terms or provisions of this Ag reement shall have venue in the County of Stanislaus, State of California.

19. ACCOUNTABILITY.

19.1 In the event of an audit exception or exceptions, the Subgrantee shall be responsible for the deficiency resulting from the Subgrantee’s non-compliance with program requirements.

ATTACHMENT C
ITEM 11

9 19.2 In the event of any State hearings, cash grant award or lawsuit award resulting from Subgrantee's failure to perform as required by this Agreement, reimbursement shall be made to the damaged party by Subgrantee.

20. ASSIGNABILITY. Without the written consent of CDA and the County, the Subgrantee’s interest in and responsibilities under this Agreement shall not be assignable by the Grantee either in whole or in part.

21. WAIVER. Any failure by a party to enforce its rights under this Agreement, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this Agreement shall not be construed as a waiver of any subsequent breach.

22. DISCRIMINATION. The Subgrantee agrees that during the performance of this Agreement, it will not discriminate, harass, or allow harassment or discrimination again st any employee or applicant for employment based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, a ge, sexual orientation, or military and veteran status. The Subgrantee agrees to require the same of all contractors and consultants retained to carry out the activities under this Agreement.

23. DEBARMENT. Subgrantee represents and warrants, to the best of i ts knowledge and belief, that neither Subgrantee nor any of its Principals (“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity) or its contractors are prese ntly debarred, suspended, proposed for debarment, voluntarily excluded, or involuntarily excluded from receiving a contract from any federal, state or local government or agency, nor has it been declared ineligible for the award of contracts by any federal, state, or local government or agency, nor does it appear on any federal, state or local government’s Excluded Parties List System. Subgrantee shall provide immediate written notice to the County if, at any time Subgrantee learns that this representation was erroneous when submitted or has become erroneous by reason of changed circumstances. The representations and warranties above are a material representation of fact upon which reliance was plac ed when entering into this Agreement. If it is later determined that Subgrantee knowingly made a false representation, in addition to other remedies available to the County , the County may terminate this Agreement.

24. LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS. As required by Section 1352, Title 31 of the U.S. Code, and implemented at 45 CFR Part 93, for persons entering into a grant, cooperative agreement or contract over $100,000, or loan, or loan guarantee over $150,000, as defined at 45 CFR Part 93, Sections 93.105 and 93.110 the undersigned Subrecipient certifies that to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee

ATTACHMENT C
ITEM 11

10 of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal certification is a material representation of fact upon which reliance was placed when this contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned Subrecipient shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(3) The undersigned Subrecipient shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This transaction was made or entered into.

Submission of this certification is a prerequisite fo r making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.

25. ADDITIONAL RESTRICTIONS ON LOBBYING: Federal regulations provide restrictions on the use of federal funds for lobbying or political advocacy. In general, the restrictions apply to attempts at influencing elections, partisan contributions, and the introduction or enactment of legislation and legislative liaison activities. Unallowable lobbying with federal funds includes such activities as direct electioneering or participation in campaigns, direct lobbying to politically influence federal or state legislation, and efforts to generate concerted public action on a legislative issue. (The detail of these restrictions is contained in U.S. Office of Management and Budget Circular A-122 as amended.)

26. CERTIFICATION RE: ECONOMIC SANCTIONS CALIFORNIA STATE EXECUTIVE ORDER N-6-22.

26.1 Subgrantee shall review their investments and Agreements to ensure their compliance with economic sanctions imposed by the U.S. Government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law (collectively, economic sanctions), and to take actions to support the Ukrainian Government and people, including by refraining from new investments in, and financial transactions with, Russian institutions or companies that are

ATTACHMENT C
ITEM 11

11 headquartered or have their principal place of business in Russia (Russian entities), not transferring technology to Russia or Russian entities, and by directly providing support to the Government and people of Ukraine.

26.2 The County shall terminate any Agreement with any individual or entity that is in violation of Executive Order N -6-22 or that is subject to economic sanctions therein, and shall not enter an Agreement with any such individual or entity while the Executive Order is in effect.

26.3 For Agreements valued at five million dollars ($5,000,000) or mor e, Subgrantee shall provide a written report to the County regarding compliance with economic sanctions and steps taken in response to Russia’s action in Ukraine, including but not limited to, desisting from making new investments in, or engaging in financial transactions with Russia or Russian entities, and directly providing support to Ukraine, while the Executive Order is in effect.

27. ENTIRE AGREEMENT.

27.1 This Agreement and all attached exhibits supersedes any and all other agreements, either oral or in writing, between any of the parties herein with respect to the subject matter hereof and contains all the agreements between the parties with respect to such matter. Each party acknowledges that n o representations, inducements, promises or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.

27.2 The person signing this Agreement (“Signatory”) represents and warrants that he or she is duly authorized and has legal capacity to execute this Agreement.

Signatory represents and warrants that the execution and delivery of the Agreement and the performan ce of Subgrantee’s obligations hereunder ha ve been duly authorized and that the Agreement is a valid and legal agreement binding on Subgrantee and enforceable in accordance with its terms.

27.3 This Agreement may be executed in counterparts, each of which shal l be deemed to be an original but all of which, taken together, shall constitute one and the same agreement.

27.4 Each party agrees that the electronic signatures (whether digital or encrypted) of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record (including facsimile or email electronic signatures) pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code § 1633.1 et seq.) as amended from time to time.

ATTACHMENT C
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13 EXHIBIT A

SCOPE OF WORK

Subgrantee shall procure, purchase , and install the following equipment/property for uses consistent with the Grant.

The Ceres Community Center has requested and been approved to purchase and install the items listed below.

The City of Ceres and the Ceres Community Center shall:
a. Purchase the items/equipment and installations for use at the Ceres Community Center to be used during the serving of meals for seniors. i. Storage table rack
ii. Six 60-inch round tables
iii. 40 chairs
iv. 2 water filter pitchers
v. Tall serving table
vi. Commercial vacuum cleaner
vii. Stand mixer and accessories
viii. 100 cup coffee urn
ix. Bunn coffee maker
x. Commercial Microwave
b. The purchased items will be used and stored at the Ceres Community Center. The Ceres Community Center is responsible for tracking and reporting annually to the AAA inventory of the items through the end of December 31, 2024. c. Location/Space - Provide appropriate space to store, use, and maintain the items/equipment at the Ceres Community Center, 2701 4th Street, Ceres, CA 95307. d. Invoices shall be submitted to Department of Aging and Veterans Services, Attention: Kim Delucchi, Fiscal Department, 3500 Coffee Road, Suite 19, Modesto, CA 95355, by September 15, 2024. The invoices may be submitted electronically to [email protected] with a cc to [email protected]. e. Cooperate with Elderly Nutrition Program and County Department of Environmental Health (DER) and abide by the rules and regulations. DER Meal service permit held by the AAA.

Upon proof that the equipment/property was purchased, installed and is operational in accordance with Grant requirements, the County will reimburse Subgrantee an amount not to exceed $13,620.00.

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14 GRANT PERFORMANCE PERIOD. All tasks and work performed must b e completed during the grant performance period as specified on signature page through September 10 , 2024 . No invoices for work completed or Improvements procured or installed after September 10, 2024, will be paid.

The Subgrantee must submit all invoices no later than September 15, 2024. If Subgrantee fails to provide invoices by September 15, 2024, the County may elect to reject the invoices for payment as untimely and Subgrantee will be deemed to have waived any ri ght to payment of the late invoices.

Travel Reimbursement
The Subgrantee shall not be reimbursed for any travel -related expenses. Any and all travel shall be at the expense of the Subgrantee.

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Insurance Requirements for Most Contracts 2024 Page 1

Exhibit B
Insurance Required for Most Contracts
(Not for Construction Contracts)

Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant , his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than One Million Dollars ($1,000,000) per incident or occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the speci fied minimum limits of insurance and coverage shall be available to the County.

Umbrella or Excess Policy
The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non -contributory, additional insured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

ATTACHMENT C
ITEM 11
Insurance Requirements for Most Contracts 2024 Page 2

Additional Insured Status
The County, its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL and Auto policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability and Auto liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For
any claims related to this contract, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the County, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the County, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

Waiver of Subrogation
Consultant hereby grants to County a waiver of any right to subrogation (except for Professional Liability) which any insurer of said Consultant may acquire against the County by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the County. The County may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Consultant or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. County may deduct from any amounts otherwise due Consultant to fund the SIR/deductible. Policies shall NOT contain any self -insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. County reserves the right to obtain a copy of any policies and endorsements for verification.

Acceptability of Insurers
Insurance is to be placed with California admitted insurers (licensed to do business in California) with a current A.M. Best’s rating of no less than A-VII, unless otherwise approved by the County.

Claims Made Policies
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

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ITEM 11
Insurance Requirements for Most Contracts 2024 Page 3

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Consultant shall furnish the County with a copy of the original certificates and amendatory endorsements, or copies of the applicable policy language effecting coverage required by this clause.

All certificates and endorsements are to be received and approved by the County before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Insurance Limits
The limits of insurance described herein shall not limit the liability of the Consultant and Consultant's officers, employees, agents, representatives or Subcontractor s. Consultant's obligation to defend, indemnify and hold the County and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Consultant to procure and maintain a policy of insurance.

Reporting
Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the County or its officers, officials, employees, agents or volunteers.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the County in accordance with policy terms and conditions. If policy does not allow for notice, notification of cancellation shall be the responsibility of the Consultant.

[SIGNATURES SET FORTH ON THE FOLLOWING PAGE]

ATTACHMENT C
ITEM 11
Insurance Requirements for Most Contracts 2024 Page 4

_______ Exempt from Auto – By initialing, I certify Consultant’s officers, employees, agents, representatives, or subcontractors will not utilize a vehicle in the performance of my work with the County.
_______ Exempt from WC – By initialing, I certify Consultant is exempt from providing workers’ compensation coverage as required under section 1861 and 3700 of the California Labor Code.

I acknowledge the insurance requirements listed above.

Print Name: _____________________________________________ Date:_____________________ Signature: ______________________________________________ Date:_____________________ Vendor Name: _____________________________________________________________________

For CEO-Risk Management Division use only

Exception: ________________________________________________________________________________ Approved by CEO for Risk Management: ________________________________ Date: __________________

ATTACHMENT C
ITEM 11
1 Revised: 5.13.24
**COMPLETE & RETURN THIS PAGE**

CAMPAIGN CONTRIBUTION/LEVINE ACT DISCLOSURE STATEMENT
Government Code section 84308, part of the "Levine Act", prohibit s County “Officers” from participating in any action related to a license, permit or other entitlement if such member receives political contributions totaling more than $250 within the twelve months prior to the initiation of proceeding , during the pendency of the proceeding, and twelve months following the date of final decision on the entitlement. During the pendency of the proceeding and for twelve months following final decision on the entitlement, a "Party" or "Participant" as defined in section 84308, is prohibited from contributing more than $250 to an "Officer".

Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the posi tion; (2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Stanislaus County Board Members can be found online at: https://www.stanvote.com/pdf/elected-officials- list.pdf. The party making this certification is responsible for determining whether a recipient of a political contribution is a County "Officer".

1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any County officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Board action related to this contract? _____YES NO
- If YES, please identify the person(s) or agent(s) making the contribution:
- If YES, please identify the County Officer receiving the contribution:

2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $250 to any County Officer in the twelve (12) months following any Board action related to this contract? YE S NO
- If YES, please identify the person(s) or agent(s) making the contribution:
- If YES, please identify the County Officer receiving the contribution:

Answering YES to either of the questions above does not preclude Stanislaus County from awarding the relevant entitlement to you or preclude Stanislaus County from taking subsequent action on the entitlement.

ATTACHMENT C
ITEM 11
2 Revised: 5.13.24

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature: Date Signed:

Print Name:

Title:

Company:

For Internal Purposes Only (If Applicable)
Application Number: Application Title:

Application Address: Application APN:

RFP/ Bid Number: RFP/Bid Title:

ATTACHMENT C
ITEM 11

1 EXHIBIT C

GRANT REQUIREMENTS

1. SUBGRANTEE RESPONSIBILITIES.

a. Subgrantee acknowledges that the California Department of Aging ( CDA) may make reasonable changes to its procedures in support of this grant and its requirements. If CDA makes any changes to its procedures and guidelines, CDA agrees to notify Grantee , and Grantee will notify Subgrantee, within a reasonable timeframe.

b. Subgrantee shall complete the Grant Scope in accordance with the time of the Grant Performance Period set forth in Section 1, and under the terms and conditions of this agreement.

c. Subgrantee agrees that any other project changes or alterations which deviate from the intent of the project selection criteria provided by the Grantee in the original application must be submitted in writing to CDA Agreement Manager for prior approval.

2. DISPUTE RESOLUTION. The following dispute resolution procedure is applicable to the Grant.

In the event of a dispute, Grantee will discuss the problem informally with CDA’s Grant Agreement Manager. If unresolved, the Grantee shall file a written “Notice of Dispute” with the CDA Grant Agreement Manager within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the CDA Grant Agreement Manager shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not resolved within a reasonable period of time, the Grantee may bring it to the attention of the Deputy Director of the Division of Home and Community Living (DHCL) at [email protected]. The decision of the CDA DHCL Deputy Director shall be final. Unless otherwise instructed by the CDA Grant Agree ment Manager, the Grantee shall continue with its responsibilities under this Agreement during any dispute.

Upon request by the County, Subgrantee shall participate in good faith in the dispute resolution procedure, and comply with any decisions of the Grant Manager, the CDA or DHCL.

3. AGENCY.

a. In the performance of this Agreement, the Subgrantee and its agents, employees, and sub-subgrantees shall act in an independent capacity and not as officers, employees, or agents of the CDA or the County.

b. The Subgrantee is solely responsible for all activities supported by the Grant under this Agreement.

ATTACHMENT C
ITEM 11

2 c. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties.

d. The Subgrantee shall not represent itself as an agent of the CDA or the County for any purpose and has no authority to bind the CDA in any manner whatsoever.

4. PROMOTIONAL MATERIALS AND PUBLICATIONS.

a. The Centers for Medicare and Medicaid Services (CMS) and the California Department of Aging shall be acknowledged in all promotional materials and publications related to the CMS-funded project.

b. The Subgrantee must ensure that CDA receives full credit as the funding program and that the CMS is acknowledged as the source of funds.

c. Publications and information releases about the project must credit Home and Community Based Services. An appropriate statement for a publication or project press release is:

“This [publication/project] was supported in who le or in part by the Centers for Medicare and Medicaid Services (CMS) and the California Department of Aging (CDA), and no official endorsement by the CMS or the CDA shall be inferred.”

This credit line on products of a project, such as materials and publicity, is important to foster support from the public and by state and federal funding sources.

5. PUBLICITY OBLIGATIONS.

a. The Subgrantee shall notify the County of any promotional materials or publications resulting from the award no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium.

b. Copies of all promotional materials will be provided to the County.

c. The Subgrantee will acknowledge CMS support as noted above.

d. The Subgrantee agrees that the CDA may include information about this grant and its outcomes in its own annual reports, with specific reference to the Grantee, and may distribute such information to third parties.

6. COPYRIGHT.

a. The County owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act (17 U.S.C. 101, et seq.).

ATTACHMENT C
ITEM 11

3 b. The Subgrantee is responsible for obtaining any necessary licenses, permis sions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California Department of Aging pursuant to this section.

c. The CDA may upload, post, or transmit copyrighted material produced or purchased with grant funds on a California Department of Aging website for public access and viewing.

7. RECORDS.

a. Communications, grant related documents, data, original receipts, and invoices must be retained by the Subgrantee for seven (7) years beyond the final invoice date, and shall be made available to CDA upon request.

b. The Subgrantee agrees to maintain adequat e grant program records and adequate financial records consistent with generally accepted accounting practices.

c. The Subgrantee shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to CDA for auditing at reasonable times. The Subgrantee also agrees to retain such financial accoun ts, documents, and records for five years following project termination or issuance of final payment, whichever is later.

d. The Subgrantee shall keep such records as CDA shall prescribe, including records which fully disclose:

i. The disposition of the proceeds of CDA funding assistance;

ii. The total cost of the project in connection with such assistance that is given or used;

iii. The amount and nature of that portion of the project cost supplied by other sources; and

iv. Any other such records that will facilitate an effective audit.

e. The Subgrantee agrees that CDA or the County shall have the right to inspect and make copies of any books, records, or reports pertaining to this Agreement or matters related thereto during regular office hours. The Subgrantee shall maintain and make available for inspection by CDA or the County accurate records of all of its costs, disbursements and receipts with respect to its activities under this Agreement. Such accounts, documents, and records shall be retained by the Subgrantee for at least five years following project termination or issuance of final payment, whichever is later.

ATTACHMENT C
ITEM 11

4 f. The Subgrantee shall use a generally accepted accounting syst em as required by CDA.

8. PROJECT TERMINATION.

a. Project Termination refers to the non-completion of a Grant scope. Any grant funds that have not been expended by the Subgrantee shall revert back to CDA.

b. The County may unilaterally rescind this Agreement at any time prior to commencement of the project. The commencement of the project means the date of the letter notifying Subgrantee of the award or when the fun ds are appropriated, whichever is later. After project commencement, this Agreement may be rescinded, modified or amended only by mutual agreement in writing between the Grantee and CDA, unless the provisions of this agreement provide that mutual agreement is not required.

c. Failure by the Subgrantee to comply with the terms of any legislation applicable to the Grant, and/or this Agreement, specified or general, that Subgrantee has entered into with the County, may be cause for suspension of all obligations of CDA or the County until CDA or the County determines such failure was due to no fault o f the Subgrantee. In such case, the County may reimburse Subgrantee for eligible costs properly incurred in performance of this Agreement despite non-performance of the Subgrantee. To qualify for such reimbursement, Subgrantee agrees to mitigate its losses to the best of its ability.

d. Any breach of any term, provision, obligation or requirement of this Agreement by the Subgrantee shall be a default of this Agreement. In the case of any default by Subgrantee, CDA and the County shall be entitled to all remedies available under law and equity, including, but not limited to: specific performance; return of all grant monies; payment to CDA of the fair market value of the project property or actual sales price, whichever is higher; and payment to CDA of the costs of enforcement of this Agreement, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.

e. The Subgrantee and the County agree that if the Grant Scope includes development, final payment may not be made until the work described in the Grant Scope is complete.

9. BUDGET DETAIL AND PAYMENT PROVISIONS. It is agreed and understood that this grant award amount is a ceiling and that the County will only reimburse the allowable cost of services rendered or goods purchased as authorized by CDA at or below the grant award amount.

10. EXPENDITURE OF FUNDS. The Subgrantee shall expend all funds received hereunder in accordance with this Agreement. The Subgrantee agrees to include these requirements in all contracts it enters into with subgrantees to provide services pursuant to this Agreement.

11. ACCOUNTABILITY FOR FUNDS. The Subgrantee shall maintain accounting records for funds received under the terms and conditions of this Agreement. These records shall be separate from those for any other funds administered by the Subgrantee and shall be maintained in accordance with Generally Accepted Accounting Principles.

ATTACHMENT C
ITEM 11

5 12. UNEXPENDED FUNDS. Upon termination, cancellation, or expiration of this Agreement, or dissolution of the entity, the Subgrantee shall return to the County immediately upon written demand, any funds provided under this Agreement, which are not payable for goods or services delivered prior to the termination, cancellation, or expiration of this Agreement, or the dissolution of the entity.

13. FUNDING CONTINGENCIES INVOICING AND PAYMENT.

a. Subgrantee shall prepare and submit a monthly expenditure report in an electronic format to the County no later than the last business day of each month or as specified by CDA or the County. The report shall include all costs and funding sources for the month prior Payments will be made to reimburse expenditures reported unless grantee pre-selects an Advance method at the time of agreement execution Subgrantee shall be charged $75 per program fund source for expedited payments to recover the fees charged by the State Controller’s Office (SCO). CDA or the County may waive the fees on a case-by-case basis as appropriate.

b. CDA may require financial reports more frequently than indicated above or with more detail (or both), upon written notice to the grantee, until such time as CDA determines that the financial management standards are met.

c. For service s satisfactorily rendered, and upon receipt and approval of invoices submitted as described herein, the CDA agrees to compensate the Grantee in accordance with Exhibit A.

d. CDA reserves the right to refuse payment to the Subgrantee or disallow costs for any expenditure, as determined by CDA to be: out of compliance with this Agreement, unrelated or inappropriate to agreement activities, when adequate supporting documentation is not presented, or where prior approval was required, but was either not requested or not granted.

14. INSTRUCTIONS TO SUBGRANTEE.

a. The County shall reimburse Subgrantee with funding that has been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Agreement.

b. Payments will be made to r eimburse monthly expenditures reported. The County shall process and approve reported expenditures that are based upon actual, not estimated expenditures. The County shall notify the Subgrantee of any disputed expenditures.

c. Upon written request by CDA or the County, Subgrantee shall submit additional documentation or justification to support the reported expenditure.

d. The Subgrantee shall ensure, to the extent feasible, that all budgeted funds are expended by the expiration of this Agreement.

ATTACHMENT C
ITEM 11

6 15. BUDGET CONTINGENCY CLAUSE. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the State or the County shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Agreement. If funding for any Fiscal Year is reduced or deleted by the Budget Act for purposes of this program, the State or the County shall have the option to either cancel this Agreement with no liability occurring to the State or the County, or offer an Agreement amendment to Subgrantee to reflect the reduced amount. If this Agreement overlaps Federal and State fiscal years, should funds not be appropriated by Congress or approved by the Legislature for the Fiscal Year(s) following that during which this Agreement was e xecuted, the State or County may exercise its option to cancel this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by Congress or the Legislature which may affect the provisions or terms of funding of this Agreement in any manner.

ATTACHMENT C
ITEM 11

7 EXHIBIT D

LABOR CODE, PREVAILING WAGES AND APPRENTICESHIP REQUIREMENTS ARTICLE 1 - REGISTRATION
Contractor and Subcontractor Registration.

In accordance with California Labor Code Section 1725.5, Contractors and Subcontractors (as defined by California Labor Code Section 1722.1, including Consultant, when applicable) bidding on or engaging in the performance of any Public Works contracts in California shall be registered with the Department of Indu strial Relations. Labor Code Section 1725.5(f) states: “This section does not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.” Although the unregistered contractor or subcontractor under Labor Code Section 1725.5(f) is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner, such unregistered contractor shall retain the records specified in Section 1776 for at least three years after completion of the work. (Labor Code Section 1771.4).

ARTICLE 2 – WORKING HOURS (Labor Code Section 1810-1815).

Eight hours labor constitutes a legal day’s work in all cases where the same is performed under the authority of any law of this State, or under the direction, or control, or by the authority of any officer of this State acting in his official capacity, or under the direction, or control or by the authority of any municipal corporation, or of any officer thereof. (Labor Code Section 1810).

The time of service of any worker employed upon public work is limited and restricted to eight hours during any one calendar day, and 40 hours during any one calendar week, except as provided for under Labor Code Section 1815. (Labor Code Section 1811).

Every contractor and subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him or her in connection with the public work. The record shall be kept open at all reasonable hours to the inspection of the awarding body and to the Division of Labor Standards Enforcement. (Labor Code Section 1812).

The contractor or subcontractor shall, as a penalty to the Owner, forfeit twenty -five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement. (Labor Code Section 1813).

Notwithstanding the provisions of Labor Code Sec tions 1810 to 1814, inclusive, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1-1/2 times the basic rate of pay. (Labor Code Section 1815).

ATTACHMENT C
ITEM 11

8 ARTICLE 3 – WORKERS’ COMPENSATION (Labor Code Section 1860-1861).

In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his or her employees. (Labor Code Section 1860).

By submission of a bid, the Contractor hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” (Labor Code Section 1861).

ARTICLE 4 – DEBARRED CONTRACTORS AND SUBCONTRACTORS.

Debarred Contractors or Subcontractors. In accordance with the provisions of the California Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.17 of the California Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may hav e been paid to a debarred subcontractor by a contractor on the Project shall be returned to the Agency. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

ARTICLE 5 – PREVAILING WAGES.

This Project is subject to applicable prevailing wage requirements, including prevailing wage compliance monitoring and enforcement by the Department of Industrial Relations. “Public Works” Includes Preconstruction, Construction, Pos t-Construction Work. Under Labor Code 1720(a), “public works” includes all of the following: Construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds.

For purposes of this p aragraph, “construction” includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including, but not limited to, inspection and land surveying work, regardless of whether any further c onstruction work is conducted, and work performed during the post -construction phases of construction, including, but not limited to, all cleanup work at the jobsite. For purposes of this paragraph, “installation” includes, but is not limited to, the assem bly and disassembly of freestanding and affixed modular office systems.

This Project is subject to the requirements of Labor Code Section 1720 et seq., the terms of which are incorporated herein by this reference.

Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at
http://www.dir.ca.gov/dlse/dlsePublicWorks.html or in the offices of the Owner and are deemed included in the Bidding Documents. Upon request, Owner will make available copies to any interested party. The successful Bidder shall post the applicable prevailing wage rates at the Site.

Contractor shall pay to persons performing labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (1)

ATTACHMENT C
ITEM 11

9 work of a similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations an d Owner to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site.

Contractor shall forfeit, as a penalty to Owner, Two Hundred Dollars ($200.00) for each worker employed in performing labor in and about the Work provided for in the Contract Documents for each Day, or portion thereof, that such worker is paid less than the said stipulated rates for any work done under the Contract Documents by him or her or by any Subcontractor under him or her, in violation of Articles 1 and 2 of Chapter 1 of Part 7 of Division II of the California Labor Code.

The sums and amounts which shall be forfeited pursuant to this paragraph and the terms of the Labor Code shall be withheld and retained from payments due to Contractor under the Contract Documents, but no sum shall be so withheld, retained or forfeited except from the final p ayment without a full investigation by either the State Department of Industrial Relations or by Owner.

The Labor Commissioner pursuant to Labor Code Section 1775 shall determine the final amount of forfeiture.

Contractor shall insert in every subcontract or other arrangement which Contractor may make for performance of work or labor on Work provided for in the Contract, provision that Subcontractor shall pay persons performing labor or rendering service under subcontract or other arrangement not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed in the Labor Code.

Contractor stipulates that it shall comply with all applicable wage and hour laws, including without limitation Labor Code Section 1813. Failure to so comply, including without limitation Labor Code Section 1776, shall constitute a default under this Contract.

Contractor and all Subcontractors shall keep accurate payroll records in accordance with Labor Code Section 1776. If directed by the Labor Commissioner, Owner will withhold Contract payments when payroll records are delinquent or inadequate.

Contractor shall post all jobsite notices if and when prescribed by regulation.

The payroll records enumerated above must be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor as required by Labor Code Section 1776.

Contractor shall inform Owner of the location of records enumerated above, including the street address, city and county, and shall, within five working Days, provide a notice of a change of location and address.

Each contractor and subcontractor shall furn ish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
(i) At least monthly or more frequently if specified in the contract with the awarding body.

For purposes of this clause, “monthly” means that a submiss ion of records shall be made at least once every 30 days while work is being performed on the project and within 30 days after the final day of work performed on the project.

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ITEM 11

10 (ii) In an electronic format, in the manner prescribed by the Labor Commissioner , on the department’s internet website.

A contractor or subcontractor who fails to furnish records relating to its employees, shall be subject to a penalty by the Labor Commissioner of one hundred dollars ($100) per each day in which that party was in violation of subparagraph (A), not to exceed a total penalty of five thousand dollars ($5,000) per project. Penalties received pursuant to this paragraph shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be u sed only for the purposes specified in that section.

If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5 (work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work), the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work.

Contractor or Subcontractor has 10 Days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Labor Code Section 1776(a). In the event that Contractor or Subcontractor fails to comply with the ten -Day period, he or she shall, as a penalty to Owner on whose behalf the contract is made or awarded, forfeit $100.00 for each calendar Day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. Contractor is not subject to a penalty assessment pursuant to t his paragraph due to the failure of a Subcontractor to comply with this paragraph.

Contractor shall notify Owner in writing in the event of any change, addition or substitution of a subcontractor.

Contractor will be fully responsible for reporting to and p roviding all documentation and other information required by the Department of Industrial Relations, and for paying all resulting penalties, fines, and other amounts due on account of any prevailing wage or other labor, wage or hour violation.

ARTICLE 6 – APPRENTICES ON PUBLIC WORKS PROJECTS
Contractor and Contractor’s subcontractor(s) shall be responsible for compliance with the provisions of law relating to employment of apprentices, including Labor Code Sections 1777.5, 1777.6, and 1777.7. Pursuant to La bor Code Section 1777.7, violations of Labor Code Section 1777.5 may result in forfeiture not to exceed One Hundred Dollars ($100.00) for each full calendar day of non -compliance. Information regarding apprenticeship standards, wage schedules, and other re quirements may be obtained from the DIR or from the Division of Apprenticeship Standards of the DIR.

The requirements of Labor Code §1777.5 do not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000).

ATTACHMENT C
ITEM 11

11 Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of the California Department of Industrial Relations, or from the Division of Apprenticeship Standards and its branch offices.

ATTACHMENT C
ITEM 11
ITEM 11

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: August 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Sam Royal, Director of Public Works
[email protected], (209) 538-5717
SUBJECT:

Resolution No. 2024-XXX, Approving an Agreement with River Road Mutual Water Company to Consolidate Water Service Area into the City of Ceres Water System and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council authorize the City Manager to execute an Agreement with River Road Mutual Water Company (RRMWC) to consolidate RRMWC’s water service area into the City of Ceres Water System.

I. BACKGRO UND:

The R
RMWC is located in the North Ceres area on River Road at Mitchell Road, outside of City limits but within the City’s sphere of influence. The RRMWC is classified as a Small Community Water System which supplies water to eight (8) homes within its service area and operates under the authority of Domestic Water Supply Permit No. 5000020. On May 10, 2023, the Stanislaus County Department of Environmental Resources (DER) issued Directive Order DER- 23D-001 to RRMWC in accordance with California Code of Regulations Title 22, Section 64212 Bacteriological Monitoring, which sets a standard for bacteriological contamination.

The R
RMWC has exceeded the state standard and suffered nine (9) episodes of non- compliance.

The RRMWC desires to provide the residents within its water service area with safe drinking water but is currently unable to do so because of the bacteriological contamination that continues to occur within the well they are drawing water from, creating a need for a different source of safe drinking water.

The State Water Resources Control Board (SWRCB), the City of Ceres, and the RRMWC have been working in partnership pursuant to the Health and Safety code to negotiate ITEM 12
consolidation of RRMWC’s water service area into the City of Ceres Water System. On September 25, 2023, the City of Ceres City Council provided direction to City staff to complete the negotiations between the parties.

II. RE ASONS FOR RECOMMENDATIO N:

The parties have negotiated an agreement to facilitate the activities necessary for the City to provide water service. The City has capacity within its municipal water system to service existing customers as well as future development, and to serve the RRMWC with potable water. The project shall include water service, water line construction and installation, and an application for Out of Boundary Service to the Stanislaus Local Agency Formation Commission (LAFCO), which has been submitted and approved. The RRMWC shall be responsible for all construction costs associated with the project and water rates shall apply based on fees and rates charged to provide water service within the City limits. The City’s water main line runs through River Road thus the connection will not cause any changes to the current distribution system.

III. F
ISCAL IMPACTS :

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

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

V. P
OLICY ALTERNATIVES :

City Council can choose not to authorize the agreement, leaving the RRMWC without potable water for its residents.

VI. I
NTERDEPARTMENTAL COORDINATION:

N/A
VII. P UBLIC PARTICIPATION:

N/A
VIII. EN VIRONMENTAL REVIEW :

Pursuant to California Code of Regulations, Title 14, Section 15282 (k) (CEQA Guidelines), the project is determined to be consistent with Public Resources Code 21080.21 and therefore statutorily exempt.

IX.

STEPS FOLLOWING APPROVAL:

Upon Council approval, the City Manager shall execute the agreement.

ITEM 12

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Water Service Agreement and Exhibits

ITEM 12
ITEM 12

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING AN AGREEMENT WITH RIVER ROAD MUTUAL WATER COMPANY

TO CONSOLIDATE WATER SERVICE AREA INTO THE CITY OF CERES WATER

SYSTEM AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, The River Road Mutual Water Company (RRMWC) is located in the North Ceres area on River Road at Mitchell Road, outside of City limits but within the City’s sphere of influence and is classified as a Small Community Water System which supplies water to eight (8) homes; and

WHEREAS, the RRMWC has exceeded the state standard and suffered episodes of non-compliance in accordance with California Code of Regulations Title 22, Section 64212 Bacteriological Monitoring, which sets a standard for bacteriological contamination; and

WHEREAS, the RRMWC desires to provide the residents within its water service area with safe drinking water but is currently unable to do so because of the bacteriological contamination that continues to occur within the well they are drawing water from, creating a need for a different source of safe drinking water; and

WHEREAS, the State Water Resources Control Board (SWRCB), the City of Ceres, and the RRMWC have been working in partnership pursuant to the Health and Safety code to negotiate consolidation of RRMWC’s water service area into the City of Ceres Water System; and

WHEREAS, the City has capacity within its municipal water system to service existing customers and future development as well as serve the RRMWC with potable water and on September 25, 2023, the City of Ceres City Council provided direction to City staff to complete the negotiations between the parties; and

WHEREAS, the parties have negotiated an agreement to facilitate the activities necessary for the City to provide water service; and

WHEREAS, the RRMWC shall be responsible for all construction costs associated with the project and water rates shall apply based on fees and rates charged to provide water service within the City limits.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an agreement with River Road Mutual Water Company to Consolidate Water Service Area into the City of Ceres Water System and authorizes the City Manager to execute the agreement.

ITEM 12

ATTACHMENT A
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of August 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk

ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
{CW139036.1}

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: August 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Sam Royal, Public Works Director
[email protected], (209) 538-5717
SUBJECT: Resolution No. 202 4-XXX, Approving the Purchase of One Street Sweeper Fleet Replacement from Schwarze Industries
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council authorize the City Manager to approve a purchase order with Schwarze Industries for Fleet Replacement of one Street Sweeper.

I. BACKGROUND:

During the annual budget process, the Fleet Replacement fund collects monies from all City Departments for the replacement of aging vehicles. The current Tymco Sweeper has reached the end of its life and requires full replacement. As part of the State of California’s Fleet Equipment Contract pricing (also known as Sourcewell pricing which guarantees the lowest price for vehicle purchases ), the Fleet Division received a quote for a FY 2024/25 budget approved Street Sweeper replacement.

II. REASONS FOR RECOMMENDATION:

A new Street Sweeper to replace the current Tymco Sweeper was approved in the FY 2024/25 Fleet Budget. Staff is requesting a purchase order to proceed with the purchase.

III. FISCAL IMPACTS:

The cost of $347,877.45 is approved and programmed in the FY 2024/25 budget in Vehicle Replacement account 61020.051100.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Provide quality services to meet community needs, assuring the City has helpful, well trained, properly equipped and sufficient staff who partners with other public agencies to provide efficient services.

ITEM 13
{CW139036.1}
V. POLICY ALTERNATIVES:

Should the Council decide not to approve the purchase, staff will not have the equipment necessary to continue providing street sweeping services to its customers.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon approval, the City Manager shall approve the purchase order with Schwarze Industries.

Approved by: ___________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Schwarze Industries Quote
ITEM 13

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING THE PURCHASE OF ONE STREET SWEEPER FLEET

REPLACEMENT FROM SCHWARZE INDUSTRIES

THE CITY COUNCIL
City of Ceres

WHEREAS, during the annual budget process, the Fleet Replacement fund collects monies from all City Departments for the replacement of aging vehicles; and

WHEREAS, the current Tymco Sweeper has reached the end of its life and requires full replacement; and

WHEREAS, as part of the State of California’s Fleet Equipment Contract pricing (also known as Sourcewell pricing which guarantees the lowest price for vehicle purchases), the Fleet Division received a quote for one Street Sweeper replacement; and

WHEREAS, the cost of $347,877.45 to replace the current Tymco Sweeper is approved and programmed in the FY 2024/25 budget in Vehicle Replacement account 61020.051100.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the purchase of one street sweeper fleet replacement from Schwarze Industries.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12
th day of August 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk

ITEM 13
ITEM 13
ffij'..esrnJh<)eq
James Wheeler,
General Manager
Enclosure
4634 Moyhew Rood
Socromento, CA95827
offl&n?M#8=l'l0t
Fox: 916-922-i034
4750 Coterpillor Rood, #D
Redding, CA 96003
Office: 530-243-4856
Fox: 530-243- I 447
cstB #980409
DIR r000004282
www.source-mme.com
Toll Free l -888-484-9968
I3922 Grocebee Avenue
Norwolk, CA 90650
Office: 7l 4-528-8770
Fox: 71 4-528-87 44
Tel: 209-538-5796
[email protected]
$320,984.50
26,882.45

10.50 $u7,877.45
I930W. Winlon Avenue, #l
Hoyword, CA 94545
Office: 510-670-0230
Fox: 5l 0-670-9003
April2,2024
City of Ceres
3420 Harold Street
Ceres, CA 95307
Attention: Dave Adair
Price F.O.B. Ceres, CA
. ,ri; 1: i ..^,., 8.375o/o Estimated Sales Tax
CA Tire Fee
Total
We are pleased to provide the enclosed contract pricing sheet off the Sourcewell Contract No. 093021-S\ /Z for the Schwaze Model A7 Tornado Sweeper mounted on a new 2022 Freightliner M2 truck chassis for your review.

Summary: Complete Unit per attached Sourcewellprice sheet . Schwatze lndustries is the Sourcewell contract holder and all purchasing documents are to go directly to them. 1055 Jordan Road, Huntsville, AL 35811 M.J. Dubois (410) 924-1004 [email protected]
. Municipal Maintenance Equipment, lnc. is the local dealer and will provide on-site training, warranty support, and future service for the Schwaze products. . Normal delivery 180-210 days A.R.O., depending on chassis and component availability during production.
. CARB Disclosure: A vehicle operated in California may be subject to California Air Resources Board Advanced Clean Fleets regulations. lt therefore could be subject to the requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fieets webpage at https:/lww2.arb.ca.gov/our-worUprograms/advanced-clean-fleets . Due to California emissions requirements, special permits may be required on dieselengines.

MME cannot provide these permits and we recommend you contact your localAir Resources Management DISTRICT for the specific requirements.
. Sales tax applicable at time of delivery will be shown on invoice. o Terms per Sourcewell Program.
. Quotation valid for 15 days.

Thank you for your interest in this fine product. Should you have any questions or need additional information, please let us know. We look forward to being of service. -ri. .;' :-i r.,r-1,.,::,-':1;1,.

SincerEryE, -
Municipal Maintenance Equipment, lnc.
v
,l
I
v)( \/ t-

MUNICIPAL

MAINTENANCE

EOUIPMENT

ATTACHMENT B
ITEM 13
Office of the
Public Works Director
2220 Hackett Road
Ceres, CA 95307
(209) 538-5732

CITY COUHCIL
Javier Lopez, Mayor
James Casey, Dist.l
Rosalinda Viena, Dist. 2
Bret Situeira, Dist. 3
; Daniel Martinez, Dist. 4)

MEMORANDUM
0411512024
To: Mr. James Wheeler
From: Sam Royal, Director of Public Works
Re: Letter of Intent
This letter shall serve as City of Ceres Public Works Dept. intent to purchase one (l) Schwarze A7 Tomado Street Sweeper on a new 2}22Freightliner M2 chassis per quote (attached) as provided by Municipal Maintenance Equipment (MME) under Sourcewell contract no# 093021-AWZ. Ceres Public Works department's intent to purchase Street Sweeper is based solely on Ceres City council approval and adoption of fiscal year 24125 budget. Once Public Works has received approval to proceed with the acquisition a purchase order will be requested and forwarded to MME.
if MME should have any questions.

Dave Adair
Fleet Supervisor
' .,4",: ,.t

ATTACHMENT B
ITEM 13

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: August 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT:

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

Resolution No. 202 4-XXX, Approving an Agreement with Grover Landscape Services, Inc. for the Downtown Business District Landscape Maintenance and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council approve a Resolution authorizing the City Manager to execute a contract agreement with Grover Landscape Services, Inc. for the Downtown Business District Landscape Maintenance in the amount of $21,841.00.

I. BACKGROUND:

The Downtown Business District Renovation project was completed and accepted by City Council in 2017. After project completion, the sub-contractor for George Reed, Inc., Emert Construction, maintained the landscape services for one year. Due to city staffing levels, staff could not perform the services required to maintain the downtown area. In 2020 the City awarded a three- year contract agreement to Grover Landscape Services, Inc. to maintain Downtown Business District landscaping services. The area being maintained is on 4th street from North to El Camino and Lawrence from 5th to El Camino.

II. REASONS FOR RECOMMENDATION:

Requests for bids were advertised on May 20, 2024, and bid opening on July 2, 2024.

Only one bid proposal was received from Grover Landscape Services, Inc. Currently Grover Landscaping Services, Inc. maintains the downtown landscaping area and has submitted most economically feasible bid in the amount of $21,841.00, which reflects a 0% increase from the last contract amount.

ITEM 14
III. FISCAL IMPACTS:

The funds have been appropriated in the 2024/2025 budget in Downtown Revitalization account No. 29345.029900. There is not an impact to general funds.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

The recommended action supports the infrastructure section of the strategic plan, “Ensuring the community has adequate, well- maintained infrastructure (including water, sewer, streets, traffic signals, parks, sidewalks, facilities) that fosters a quality community and supports a strong economy.

V. POLICY ALTERNATIVES:

City Council can decide not to approve the contract, requesting city staff to maintain the landscaping for the Downtown District area, and cutting back services to other city parks.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon Council Approval, the City Manager will execute the contract agreement with Grover Landscape Services, Inc.

Approved by: _____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Agreement

3. Attachment C – Bid Summary

ITEM 14

ATTACHMENT A
{CW130179.1}
RESOLUTION NO. 2024-XXX

APPROVING AN AGREEMENT WITH GROVER LANDSCAPE
SERVICES, INC. FOR THE DOWNTOWN BUSINESS DISTRICT

LANDSCAPE MAINTENANCE AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Downtown landscape services on 4 th Street from North to El Camino and Lawrence from 5th Street to El Camino have been conducted by a contracted vendor since 2020; and

WHEREAS, the contract has expired and requests for bids were advertised on May 20, 2024; and

WHEREAS, only one bid was received, Grover Landscape Services, Inc. submitted the most economically feasible bid of $21,841.00 which reflects a 0% increase from the most recent contract pricing; and

WHEREAS, the funds have been appropriated in the 202 4/2025 budget in Downtown Revitalization account No. 29345.029900. There is not an impact to general funds.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Ceres does hereby approve an agreement with Grover Landscape Services, Inc. for the Downtown Business District Lan dscape Maintenance and authorizes the City Manager to e xecute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12
th day of August 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

________________________________
Fallon Martin, City Clerk
ITEM 14
ITEM 14

AGREEMENT
FOR

PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into in the CITY of Ceres, State of California, this 1st day of September 2024, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Grover Landscape Services, Inc., hereinafter
referred to as "CONTRACTOR" each
individually a “Party” or collectively the “Parties”). There are no other parties to this Agreement.

NOW, THEREFORE,
in
consideration of this Agreement, and the mutual
promises, covenants, and stipulations hereinafter contained, the parties agree as follows;

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

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

ATTACHMENT B
ITEM 14

3. LICENSES, PERMITS, FEES, & ASSESSMENTS
CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR’S performance of the services required by this Agreement, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.

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

5. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

ATTACHMENT B
ITEM 14

6. ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the CONTRACTOR, incorporating therein any adjustment in (i) the contract sum, as set forth in Exhibit A, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the CONTRACTOR. Any change in compensation of ten percent (10%) or less of the Contract Sum, or in the time to perform, may be approved by the Contract Officer. Any greater change, taken either separately or cumulatively must be approved by City Council. It is expressly understood by CONTRACTOR that the provisions of this section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. CONTRACTOR hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than CONTRACTOR anticipates and that CONTRACTOR shall not be entitled to additional compensation, therefore.

7. TERM OF AGREEMENT
This Agreement shall
be effective September 01, 2024 and will continue in
effect until September 01, 2027, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

8. COMMENCEM

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

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid the amounts as provided in Exhibit A. The total compensation to CONTRACTOR shall not exceed

TWENTY ONE THOUSAND-EIGHT HUNDRED
AND FORTY ONE DOLLARS ($21,841.00) unless the Parties mutually agree in writing otherwise.

ATTACHMENT B
ITEM 14

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

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

The Contract Officer’s decision shall be final.

12. FORCE MAJEURE
The time period(s) specified in the Schedule of Performance for performance of the work rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.

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

ATTACHMENT B
ITEM 14
capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONTRACTOR further warrants that he will reasonably follow the current, generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.

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

15. INTEREST OF CONTRACTOR
CONTRACTOR warrants that he/it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement.

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

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

The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (5) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

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

ATTACHMENT B
ITEM 14
modify the Scope of Services provided for under this Agreement. Any material extension or change in the Scope of Services shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original Agreement prior to the performance of the additional work.

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

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

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

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

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

ATTACHMENT B
ITEM 14
If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.

It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

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

19. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to

the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing.

FOR CONTRACTOR: Name:

Address:

Attenti
on:

Phone:

Grover Landscape Services, Inc.
6224 Stoddard Road
Modesto, CA 95356
Vincent Tye
(209) 545-4401

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

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

20. INSURANCE REQ

UIREMENTS
Insurance shall be provided as specified in Exhibit B.

21. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events

ATTACHMENT B
ITEM 14
This Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of CONTRACTOR, (2) legal dissolution of CONTRACTOR, or (3) death of key principal(s) of CONTRACTOR.

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

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

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

Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONTRACTOR all or any part of the payments set forth in this Agreement on the date due, at his option CONTRACTOR may terminate this Agreement if the failure is not remedied within thirty (30) days after CONTRACTOR notifies CITY in writing of such failure to pay. The termination date shall be the effective date of the notice.

Termination by CITY for Change of CONTRACTOR'S Tax Status If CITY determines that CONTRACTOR does not meet the requirements

ATTACHMENT B
ITEM 14
of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by giving written notice to CONTRACTOR. The termination date shall be the effective date of the notice.

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

In the Event of Termination
If this Agreement is terminated pursuant to this Paragraph, CONTRACTOR shall cease all his work on the project as of the termination date and shall see to it that his employees, subcontractors, and agents are notified of such termination and cease their work. If CITY so requests, and at CITY'S cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’S work on the project.

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

22. INDEMNITY
CONTRACTOR shall indemnify, defend and hold harmless CITY and its officers, officials and employees from and against all claims, damages, losses and expenses including reasonable attorney fees arising out of the performance of the work described herein, caused in whole or in part by any act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.

CONTRACTOR'S obligation to defend, indemnify, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to

ATTACHMENT B
ITEM 14
procure and maintain a policy of insurance.

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

24. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

25. WAIVER
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

26. AUDIT
CITY'S duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONTRACTOR'S charges to CITY under this Agreement.

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

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

28. WARRANTY

ATTACHMENT B
ITEM 14
CONTRACTOR does hereby warrant and guarantee for a period of one year from acceptance of the work of improvement by the CITY that the work of improvement will be free of all defects caused by defective work or defective materials.

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

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

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

30. GOVERNING LAW

ATTACHMENT B
ITEM 14
This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws or the State of California.

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

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

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

33. ATTORNEYS’ FEES
If either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees.

Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is prosecuted to judgment.

ATTACHMENT B
ITEM 14
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.

Dated _____________________, 2024 Dated ________________,2024 CITY OF CERES, a municipal corporation CONTRACTOR
By By
Douglas D. Dunford, City Manager Signature
Vincent Tye/Project Manager
APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

Nubia Goldst
ein, City Attorney
CONTRACTOR’S CA State License
ATTEST Board #:

Fallon Martin, City Clerk
80-0507137
9916024556

ATTACHMENT B
ITEM 14

EXHIBIT B

INSURANCE REQUI

REMENTS FOR CONTRACTORS
Contract
or shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, his agents, representative, employees or subcontractors.

Minimum
Scope of Insurance
Coverage s
hall be at least as broad as:

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

2. Insurance Services Office (ISO) Form CA 00 01 covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance
Minimum Limits of Insurance
Contrac
tor shall maintain limits no less than:

1. General Liability:
(including operations, products
and completed operations)
$2,000,000 per occurrence for bodily injury,
personal injury and property
damage. If Commercial General
Liability insurance or other form
with a general aggregate limit is
used, either the general aggregate
limit shall apply separately to this
project/location or the general
aggregate limit shall be twice the
required occurrence limit.

2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage

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

ATTACHMENT B
ITEM 14

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

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

SPECIFICATIONS FOR COMMON SITUATIONS

Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared to and approved by the entity. At the option of the entity, either (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the entity, its officers, officials, employees and volunteers or (b) the contractor shall provide a financial guarantee satisfactory to the entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions

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

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

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days

ATTACHMENT B
ITEM 14

prior written notice by certified mail, return receipt requested, has been given to the entity.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

Waiver of Subrogation

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

SPECIFICATIONS FOR COMMON SITUATIONS (continued)

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

Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the entity. This is only a recommendation. The entity may decide to accept an insurer with a rating of less than A:VII depending on various circumstances.

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

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

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

Verification of Coverage

Contractor shall furnish the entity with copies of original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity’s forms, provided those endorsements or policies confirm to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate a waiver of these insurance requirements. The entity reserves the right to require complete, certified

ATTACHMENT B
ITEM 14

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

Subcontractors

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

ATTACHMENT B
ITEM 14

PUBLIC WORKS DEPARTMENT
2220 HACKETT ROAD
CERES, CA 95307-3600
(209) 538-5732
FAX (209) 538-5605
Public W
orks Department
Reques
t for Bid
Downtown Landscape Maintenance Services 2024
Posted Monday, May 20, 2024
Submittals Due Tuesday, July 2, 2024
The purpose
of this Request is to hire a qualified contractor to provide weekly landscape maintenance services for the Downtown area of the City of Ceres. All pricing shall be submitted in bid form in this document. This is a three (3) years term agreement, effective date September 01, 2024, until. September 01, 2027.

GENERAL INFORMATION

1. The Contr
actor shall be responsible for the skills, methods and actions of all of his/her employees and for all of the work done by the Contractor’s personnel. The Contractor shall work directly with the City’s Public Works Department in determining the quality of the work being performed. The Contractor shall give personal supervision to the work performed and shall be available for consultation.

2. Any informati on tha t the City cannot provi de to the contr actor that is necessary t o properly perform the scope of work is t he responsibility of the contractor to obtain and or develop.

3. Should any chemical be used during the course of work, it shall be approved by the City of Ceres prior to use by the contractor.
a. The Public Works office shall require a binder with all chemical labels and SDS for any chemicals used on City grounds. These are to be updated as they

EXHIBIT A

ATTACHMENT B
ITEM 14
change. The Chemical sheets shall accompany invoices and will be cross- checked with the binder to ensure current information.

4. No interpretati on of the meaning of the bid or specifications will be made to any bidder orally. All requests for interpretations and or clarification shall be in the form of an e-mail and outlined in the form of an e-mail. (See notes below for contact information).

5. If t he work perf ormed does not meet the specifications and repeated requests are made to have the work corrected without satisfaction, the City may enforce a monetary penalty or terminate this contract. Any unsatisfactory issues will be noted as to the time and date of communication to the contractor for correction. Corrections shall be made within three (3) days of notice. Multiple notifications for the same issues and or failure to correct issues may constitute a breach of contract and a failure to correct unsatisfactory performance.

6. This is a preva iling w age project; It shall be the contractor’s responsibility to make the labor rate determination. It shall also be the contractor’s responsibility to maintain all records for a minimum of five years and meet all reporting requirements from the (DIR) Department of Industrial Relations.

7. Contractor will be asked to attend a monthly Public Works coordination meeting to discuss terms of the contract and working conditions. Time to be determined however, monthly meetings are typically scheduled the first Wednesday of each month.

8. A copy of the City’s Standard Public Works Contract and Insurance requirements has also been posted with this project. Once a contractor is selected, the contract will be executed. The Successful Bidder shall sign the contract and provide a current City of Ceres business license prior to the City Council Award date.

9. Invoices are due by the 10th for the preceding month. a) Contractor shall maintain a log of each visit including date, time, and work accomplished to be turned in monthly with the invoice.
b) All chemical (herbicides) are to be applied by a qualified applicator (certified). The Stanislaus County Herbicide Use form (QAL/QAC) shall be submitted to the County and a copy to the City of Ceres Parks Supervisor along with invoice for maintenance. Even if no chemicals were used during the previous month, an Herbicide Use form must be submitted to the City of Ceres Parks Supervisor.

The work
to be done includes the furnishing of all labor, materials, tools, equipment, and incidentals necessary to complete all the work provided for in the maintenance contract for the City of Ceres Planter Strips including Tree Maintenance, shrubs, ground cover and Irrigation.

These median and planter strips contain ground cover, trees, shrubs and plant materials. All work shall be done in accordance with standard methods and practices for landscape maintenance standards.

ATTACHMENT B
ITEM 14

All work shall be in accordance with the city of Ceres requirements. All work schedules shall be scheduled between 6:00 a.m. and 4:00 p.m. No work is allowed on City recognized Holidays, unless approved in advance by the City Manager.

Scope of Services
(Maps attached)

Planter Area
includes:

Maintenance Standards Annual Pricing
Ground Cover Keep ground cover pruned a minimum of
6” away from inside of curbs and away
from shrubs.

Fertilize Ground Cover in Spring and Fall.

Hard Surface Blow
Down
Blow debris and leaves off sidewalks,
parking spots. This shall be done as
needed to maintain clean paths of travel

Haul away all debris, weed materials, and
trash from service areas.

Irrigation Check for broken/vandalized irrigation
heads, risers and controllers. Send notice
to Park’s Supervisor advising of any areas
of malfunctioning irrigation system.

Repairs will be done by the City unless
Contractor has prior written permission for
sprinkler repairs and costs.

Shrubs Shrub pruning as needed to maintain 6”
distance between shrubs.

Fertilize shrubs in Spring and Fall.

Haul away all debris, weed materials, and
trash from service areas.

ATTACHMENT B
ITEM 14
Trees Keep trees pruned not less than 8’ over
sidewalk and not less than 12’ over street.

Keep tree limbs 10’ away from streetlight
pole, sign pole, street name sign or similar
signs.

Trim Palm trees and remove seed pods
twice a year.

Fertilize Trees in Spring and Fall.

Location Planter Area
Includes:
# of Trees # of Palms
4th St, Lawrence, North and El
Camino Ave. 14,575 sq. ft. 22 18

4th St, Lawrence, North and El
Camino Ave.

20,000 sq. ft.

Blow Down Entire Area

TOTAL ANNUAL PRICING $____________________
INVOICING:

Monthly invoice shall be 1/12 of the total quoted annual pricing. Please refer to #9 under General Information of this RFB for other invoice specifications.

DELIVERABLES:

1. All references, requests for information or clarification for this project shall be in the form of an e-mail to [email protected].

2. Response to all requests for information or clarification will be in the form of addenda.

Addenda shall be posted to the City of Ceres website by date shown below. Any addenda posted must be signed as received and submitted with the full bid packet by the due date.

ATTACHMENT B
ITEM 14

3. Important Dates:

a) RFP Advertisement Date: Monday, May 20, 2024
b) Requests for Interpretation and Clarification: Friday, June 7, 2024 c) Addenda Due to Contractors: Friday, June 14, 2024
d) Bids Due and Opening: Tuesday, July 2, 2024 @ 2:00 PM – no formal bid opening will be scheduled. All submitting companies will be notified once a Successful Bidder is selected.
e) Tentative City Council Award Date: Monday, July 22, 2024 f) New Service Agreement will begin September 1, 2024

4. Bid Submission:
a) Proposals can be submitted to the Public Works Department via mail or email. b) Completely fill out Bid Summary below. Failure to complete Bid Summary shall result in an unacceptable bid by the contractor.
c) Supply contact information of three references for work currently being performed of equal size.
d) Provide Certificate of Insurance document as noted as Exhibit C of the Standard Public Works (Draft) contract.

5. Bids can be emailed, mailed or hand delivered to:

Sam Royal
City of Ceres
Public Works Department
2220 Hackett Road
Ceres, CA 95307
[email protected]

Contract Term is for one year, with the option to extend for up to three years if both parties agree. The City reserves the right to decrease the service levels at any of the landscaped areas throughout the year due to budget constraints. Additional sites may be added to contract if both parties agree upon a price for those services.

ATTACHMENT B
ITEM 14

CONTRACTOR BID INFORMATION

THE UNDERSIGNED AFFIRMS THAT IT IS DULY AUTHORIZED TO SUBMIT THIS BID, THAT

THIS BID HAS NOT BEEN PREPARED IN COLLUSION WITH ANY OTHER RESPONDENT,

AND THAT THE CONTENT OF THIS BID HAS NOT BEEN COMMUNICATED TO ANY OTHER RESPONDENT. CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.

Name of Company:

Company Address:

Project and Location:

Fed Tax ID#:

City of Ceres Buss. License #:

W-9 (If this is first time doing
business with the City of Ceres)

E-mail information or clarification in
the form of addenda was received?

Dept. of Industrial Relations (DIR) #
($25,00.00 and over) and address if
different than above location:

Name of Project Manager :

Representative's E-mail:

Representative's Phone #:

ATTACHMENT B
ITEM 14
Certificate of Insurance:

City Council Approval Date
($25,000.00 and over)

Name/Title of Authorized Signer:

Authorized Signature

ATTACHMENT B
ITEM 14

ATTACHMENT B
ITEM 14

ATTACHMENT B
ITEM 14

ATTACHMENT B
ITEM 14

ATTACHMENT B
ITEM 14

ATTACHMENT B
ITEM 14

EXHIBIT A

ATTACHMENT B
ITEM 14

ATTACHMENT B
ITEM 14

ATTACHMENT B
ITEM 14

ATTACHMENT B
ITEM 14

ATTACHMENT B
ITEM 14

EXHIBIT B

ATTACHMENT B
ITEM 14

ATTACHMENT B
ITEM 14
City of Ceres

PROPOSAL

SUMMARY
JOB BID: Downtown Landscape Maintenance Services 2024
BID DATE: July 2, 2024 2:00 p.m. – Public Works Office

BIDS RE
CEIVED:

COMPANY BID TOTAL
Grover Landscape Services, Inc.
6224 Stoddard Road
Modesto, CA 95356
Monthly: $1,820.08
Annually: $21,841.00
EMTS, Inc.
2972 Larkin Avenue
Clovis, CA 93612
No Response
New Image Landscape Company
3250 Darby Common
Fremont, CA 94539
No Response
Westside Landscape & Concrete
27107 CA-33
Newman, CA 95360
No Response

ATTACHMENT C
ITEM 14
ITEM 14
{CW139289.1}

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: August 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Douglas D. Dunford, City Manager
[email protected], (209) 538-5751
SUBJECT:

Ordinance No. 2024-XXX, Waiver of Second Reading and Adoption of an Ordinance of the City Council of the City of Ceres Adding Chapter 25, Murals, of Title 5, Business Licenses and Regulations, to the Ceres Municipal Code Regarding Murals, their Location, and Design
RECOMMENDED COUNCIL ACTION:

Staff recommends Council adopt Ordinance No 2024-XXX, reading by title only, waiving further reading, an Ordinance of the City of Ceres adding Chapter 25, Murals, to Title 5, Business Licenses and Regulations, of the Ceres Municipal Code, this chapter will govern murals, their location, and design.

I. BACKGROUND:

During the November 13, 2023 City Council meeting, the City Council discussed murals within the City and approved the creation of a Mural Ad Hoc Committee.

The City currently has no provisions in its Municipal Code addressing murals, their location, or their design. Chapter 26, Signing Standards, of Title 18, Zoning, of the Ceres Municipal Code addresses signs, but the chapter does not mention murals. The proposed Ordinance furthers the City’s interest in murals by providing guidelines for their creation and approval within the City.

II. REASONS FOR RECOMMENDATION:

Regulating murals is necessary to prevent damage to the City’s aesthetic appeal and protect public safety. Further, any regulation of murals implicates the First Amendment’s free speech protections. The proposed Ordinance establishes content-neutral standards in compliance with the First Amendment and ensures that mural project permits are assessed with standardized criteria. The proposed Ordinance distinguishes murals from ITEM 15
{CW139289.1}
commercial speech, the latter of which may be regulated to a greater degree under the First Amendment. The proposed Ordinance also prohibits obscene content in murals, which is a narrow but permissible regulation on free speech. Otherwise, the proposed Ordinance establishes content-neutral criteria for the design of murals.

The proposed Ordinance establishes a procedure for the application and approval of a mural project permit. The mural project permit process ensures that mural construction complies with the Ordinance’s location and design requirements for murals and requir es authorization from the City Council before a mural proposal may be approved. In addition, the proposed Ordinance grants the City Council authority to establish a mural project permit fee from time to time by resolution.

III. FISCAL IMPACTS:

There is no fiscal impact to the City with adoption of the Ordinance ; however, there will be minimal additional staff time necessary to review mural applications.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

The Ordinance will further the City’s strategic plan by creating a more livable community through murals.

V. POLICY ALTERNATIVES:

The City Council can choose to reject the proposed Ordinance.

VI. INTERDEPARTMENTAL COORDINATION:

N/A.

VII. PUBLIC PARTICIPATION:

The public is encouraged to provide input at the City Council meeting.

VIII. ENVIRONMENTAL REVIEW:

The proposed action is not a project subject to CEQA review.

IX. STEPS FOLLOWING APPROVAL:

If approved by Council, staff will prepare the proper notifications and codify the ordinance into the Ceres Municipal Code.

Approved by: __________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Ordinance

2. Attachment B – Public Hearing Notice
ITEM 15

ATTACHMENT A
{CW139297.1}
ORDINANCE NO. 2024-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES, ADDING CHAPTER 25, MURALS, OF TITLE 5, BUSINESS LICENSES AND REGULATIONS,

TO THE CERES MUNICIPAL CODE

WHEREAS, the City Council for the City of Ceres (“City Council”) finds that it is in the best interests of the City of Ceres (“City”) to promote the local economy, tourism, and the aesthetics of the City through murals; and

WHEREAS, the City Council recognizes that the First Amendment of the United States Constitution creates significant protections for free speech; and

WHEREAS, the City Council finds the City has an interest establishing clear, content-neutral guidelines for the creation, location, and design of murals in the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CERES ORDAINS AS FOLLOWS:

SECTION 1 . C
hapter 25, Murals, shall be added to Title 5, Business Licenses and Regulations, of the Ceres Municipal Code as follows:

Chapter 25 Murals
S
ections:

5.25.010 Purpose.

5.25.020 Definitions.

5.25.030 Location of murals.

5.25.040 Criteria for design of murals.

5.25.050 Mural design review.

5.25.060 Fees for mural project permit.

5.25.070 City council approval.

5.25.080 Enforcement—Penalties.

5.25.010 Purpose.

It is the intent of the City Council, for purposes of promoting the local economy, tourism, and for the aesthetics of the City of Ceres, to adopt this chapter regarding murals, their location, and design.

5.25.020 Definitions.

As used in this chapter, the following definitions shall apply:

ITEM 15

ATTACHMENT A
{CW139297.1}
A. “Downtown Ceres” means the area from the south of Whitmore Avenue to the north side of El Camino between the east side of 2nd Street and the west side of 6th Street.

B. "Mural" means a permanent picture, painting, or other artwork applied to and made integral with an exterior wall surface of a building, structure, fence, or garden wall and which contains no copy, lettering, symbols, or any references directly related to the promotion of any product, business organization, or commercial enterprise.

C. “Mural project permit” means a permit issued by the city to a private party authorizing the painting of a mural within the city.

5.25.030 Location of murals.

A. Areas established. Murals shall be located in two (2) areas of Ceres. Area One shall be located within Downtown Ceres only; Area Two shall be located within the remaining area of the City. The intent of the City Council is that murals be located in both Area One and Area Two, but the City Council encourages concentration of murals in the downtown area of Ceres. However, murals should not be denied in Area Two solely because the City Council intends to encourage concentration of murals in Area One.

5.25.040 Approved Murals.

A. Anyone wishing to construct a mural must obtain permission from the property owner before a mural project permit will be approved.

B. Mural design approval required—Permit issuance. Prior to the painting, installation and execution of a mural, an application for a mural project permit must be submitted for review and approval by the City Manager or his/her designee

C. Mural design amendment —Approval required. Prior to amending a mural design (whether painted or not yet painted) that has been approved by the City Manager, an application for an amendment of the mural project permit shall first be approved by the Community Development Director or his/ her designee. Upon approval, the mural project permit shall be amended.

D. Murals constructed prior to the effective date of this Chapter are not required to submit an application for a mural project permit, but an application for an amendment of a mural project permit must be submitted for review and approval by the Community Development Director or his/her designee prior to amending any existing mural design.

5.25.050 Criteria for design of murals.

ITEM 15

ATTACHMENT A
{CW139297.1}

The City encourages mural subject matter that is of historical significance to the growth and development of the City and its surrounding environs.

The following criteria shall apply to the design of murals submitted for approval:

A. The paint to be used and applied shall be appropriate for use in an outdoor locale and for an artistic rendition and shall be of a permanent, long-lasting variety that is safe to the public.

B. The mural shall be designed and painted by qualified mural artists with sufficient knowledge in the design of such projects and the application of paints for such projects.

C. The mural shall not contain moving structural elements, flashing or sequential lights, lighting elements, or other automated methods resulting in movement.

D. The mural shall not pose a potential traffic hazard.

E. The mural shall not contain any reference to or promotion of products, businesses, or commercial enterprises.

F. The mural shall not contain any obscene content.

The City Council may, from time to time, by resolution, adopt additional criteria and guidelines for the design of murals.

5.25.060 Mural design review.

All applications for mural project permits shall be referred to the City Manager or his/her designee for design review and comment. City staff may offer suggestions and recommendations to the applicant to assist in the decision-making process.

5.25.070 Fees for mural permit.

Application Fee and/or Permit Issuance. Each application for a mural project permit shall be accompanied by a mural project permit fee as established by City Council resolution from time to time.

5.25.080 Enforcement—Penalties.

Violations of this chapter shall be enforced consistent with Title 19, Code Enforcement, of the Ceres Municipal Code.

SECTION 2.

Severability. If any section, subdivision, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of ITEM 15

ATTACHMENT A
{CW139297.1}
competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof and shall continue to be in full force and effect.

SECTION 3 . E
ffective Date and Publication. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least within fifteen (15) days after its passage or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least within fifteen (15) days after its passage.

T
his Ordinance was introduced at a regular meeting of the City Council held on the 22 nd day of July 2024, and passed and adopted as Ordinance No. 2024 -XXXX at a regular meeting of City Council held on the 12th of August 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

________________________________
Javier Lopez, Mayor
ATTEST:

________________________________
Fallon Martin, City Clerk

APPROVED AS TO FORM:

_______________________________
Nubia I. Goldstein, City Attorney

ITEM 15

ATTACHMENT B
{CW139299.1}

CITY OF CERES

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the City Council of the City of Ceres will conduct a public hearing for an Ordinance, which will be Introduced for First Reading on Monday, July 22, 2024, at 6:00 p.m. and will be considered for adoption on August 12, 2024, at 6:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 2701 Fourth Street, Ceres, CA to consider the following:

To receive and consider all evidence and reports relative to adoption of an Ordinance of the City Council of the City of Ceres adding Chapter 25, Murals, of Title 5 , Business Licenses and Regulations, to the Ceres Municipal Code.

The purpose of the public hearing is to receive public comments on the proposed additions to the Ceres Municipal Code as outlined in the proposed ordinance. The proposed Chapter 25, Murals, provides guidelines for the location and design of murals within the City of Ceres. The proposed Chapter 25, Murals, also provides procedures for the application and approval of mural project permits, which will be required for murals within the City of Ceres that are constructed or amended after the effective date of th e Ordinance.

All Interested parties are invited to attend the public hearing and provide comments o n the proposed Ordinance. Public comments may be submitted by emailing [email protected] by 4:00 p.m. on the date of the hearing or verbally at the hearing.

Further information on the above hearing may be obtained or viewed at the office of the City Clerk, City Hall, 2220 Magnolia Street, Ceres, CA 95307 during regular business hours or by telephone at (209) 538-5731.

If a citizen wishes to challenge the nature of the above actions in court, they may be limited to raising only those issues they or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City of Ceres at, or prior to, the public hearing.

/s/ Fallon Martin, City Clerk
Date Notice Posted: July 10, 2024

ITEM 15

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: August 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Darin Jesberg, Deputy Fire Chief
[email protected], (209) 572-9590
SUBJECT:

Resolution No. 202 4-XXX, Approving the Memorandum of
Understanding for Yosemite Community College District Funding for the Fire Training Facility Project and Authorizing the City Manager to Execute the Memorandum of Understanding
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the Memorandum of Understanding (MOU) for Yosemite Community College District Funding for City Project for the City’s Fire Training Facility Project.

I. BACKGROUND:

The City of Ceres along with the Modesto Fire Department (MFD), Turlock Fire Department (TFD), and Stanislaus Consolidated Fire Protection District (SCFPD) have agreed to joint use of the Training Station at 420 Service Rd. through a MOU adopted in 2022. This shared resource has proved to be of benefit to the City of Ceres and all surrounding communities as the regionalization and organizational alignment of fire and emergency services continues. As of July 1, 2023, Yosemite Community College District (YCCD) and MFD entered into a five -year partnership agreement which provides for program oversight and also enables shared use of personnel, equipment, and faci lities.

This shall include inclusion in the construction project of the new fire training tower.

II. REASONS FOR RECOMMENDATION:

By establishing this Memorandum of Understanding (MOU), it is ensured that these funds are used exclusively for the purpose of the construction and maintenance of this Regional Fire Training Center.

ITEM 16
III. FISCAL IMPACTS:

Upon acceptance of this MOU, $250,000 shall be approved as a one-time payment to the City of Ceres for this project.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the priority of the Strategic Plan to provide quality services to meet community needs, assuring that the City has helpful, well trained, properly equipped and sufficient staff who partners with other public agencies to provide efficient services
V. POLICY ALTERNATIVES:

Council can choose not to approve the Memorandum of Understanding and stall the progress of the project until new terms can be reached and approved.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Approval of the MOU will allow the acceptance of these funds from the YCCD to move forward with the project.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Memorandum of Understanding
ITEM 16

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING THE MEMORANDUM OF UNDERSTANDING FOR

YOSEMITE COMMUNITY COLLEGE DISTRICT FUNDING FOR THE

FIRE TRAINING FACILITY PROJECT AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING

THE CITY COUNCIL
City of Ceres

WHEREAS, t he City of Ceres and the Modesto Fire Department (MFD) have agreed to joint use of the Training Station at 420 Service Rd; and

WHEREAS, as of July 1, 2023, Yosemite Community College District (YCCD) and MFD entered into a five-year partnership agreement which provides for program oversight and also enables shared use of personnel, equipment, and facilities. This shall include inclusion in the construction project of the new fire training tower; and

WHEREAS, by establishing this Memorandum of Understanding (MOU), it is ensured that these funds are used exclusively for the purpose of the construction and maintenance of this Regional Fire Training Center; and

WHEREAS, upon acceptance of this MOU, $250,000 shall be approved as a one-time payment to the City of Ceres for this project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the memorandum of understanding for Yosemite Community College District Funding for the Fire Training Facility Project and authorizes the City Manager to execute the memorandum of understanding.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12
th day of August 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 16
ITEM 16

ATTACHMENT B
{CW140488.2}

MEMORANDUM OF UNDERSTANDING

FACILITIES USE AGREEMENT FOR THE FIRE TRAINING FACILITIES AT STATION 17 BETWEEN THE CITY OF CERES, THE MODESTO-

STANISLAUS CONSOLIDATED-TURLOCK FIRE DEPARTMENT AND

THE YOSEMITE COMMUNITY COLLEGE DISTRICT

This Memorandum of Understanding is made on August 12, 2024 (mm,dd,yy) [include verbiage: upon City council meeting/approval] between Yosemite Community College District (“YCCD”), the Modesto- Stanislaus Consolidated-Turlock Fire Department (“MST”), and the City of Ceres (“City”). The purpose of this Memorandum of Understanding is to establish an agreement between the parties for use of the training facilities constructed at Station 17, 420 Service Road, Ceres, for students and public safety professionals associated with YCCD.

I. P URPOSE & SCOPE
Modesto Junior College (MJC), one of two colleges in the YCCD, and MST have established a partnership to facilitate the development, teaching, and accreditation of the fire academy, fire technology courses, emergency medical services courses, and paramedic courses at MJC, and to provide continuous professional training and certifications for public safety professionals.

The training tower at Station 17 meets different firefighter training objectives than the training tower on site at the MJC Regional Fire Training Center (RFTC). Specifically, the tower at 420 Service Road is used to train firefighters on apartment building fires, mid-rise/high-rise fires, standpipe operations, interior and exterior stairwell fire hose stretches, large area search, vertical ventilation, rappelling operations, aerial ladder spotting, and technical rescue capabilities. The tower, along with other components of the facility built out at the MST Training Division at Station 17, complements the RFTC and expands student/fire service professional training capability. The tower has also been designed with durability in mind, both by means of construction characteristics and the ability to change the tower’s interior configuration as there are changes with the training curriculum.

Under this MOU , the City of Ceres will grant YCCD students and instructors’ access to and use of the Station 17 Training Facilities for the next 25 years.

II. TIMES OF USE, INCLUDING RESTRICTIONS AND EXPECTATIONS YCCD will follow the scheduling directives and procedures established by the MST Training Division for use of the Station 17 Training Facilities. MST and City will provide YCCD professionals and students with access to the training facilities in a responsive and timely manner.

ITEM 16

ATTACHMENT B
{CW140488.2}
III. RESPONSIBILITIES
The City of Ceres shall be responsible to provide the following:
a. Construction of the training tower at Station 17 located at 420 Service Road in Ceres, CA. b. The City shall maintain and be responsible for all repairs resulting of ordinary daily use, of the training tower at Station 17 and all associated furnishings and facilities, not otherwise concerned by MST/YCCD as set forth below.
c. Access to the training facilities for YCCD and MST students and professionals associated with the fire academy, fire technology courses, emergency medical services courses, and the paramedic program. By mutual agreement, this may be extended to programs that may benefit from training at Station 17, public safety, or other programs related to fire and emergency services. d. Coordination of scheduling for the training facilities. e. Training for YCCD professionals on the safety and operational procedures for each component of the training facilities at Station 17 utilized for instructional purposes. f. Identification of supplies used and/or damage caused by YCCD students or employees during training.

MST/YCCD shall be responsible to provide the following:
a. Reimbursement for supplies used by YCCD during training. b. Replacement and/or repair of equipment and building systems caused by the error or intentional act of a YCCD student or employee.
c. Assurance that each component of instruction is overseen by an instructor of record meeting qualifications established by the California Community Colleges Chancellor’s Office. d. Properly certified and trained professionals to facilitate use of the training facilities for YCCD students and employees.
e. Use and access the training tower at Station 17 for the sole purpose of YCCD training. f. MST and YCCD shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 of the California Civil Code or under the City’s Municipal Code on the training tower at Station 17, and MST and or YCCD shall not use or permit the use of training tower at Station 17 for any unlawful purpose. g. On expiration or sooner termination of this Agreement, or any extensions or renewal of this Agreement, MST and YCCD shall promptly surrender and deliver the training facilities at Station 17 in as good condition as they are now, at the date of this Agreement. h. Should MST and YCCD default on the performance of any of the covenants, conditions, or agreements contained in this Agreement, or abandon the training facilities at Station 17 leased herein, MST and YCCD shall have breached the Agreement. City reserves the right to other remedies for breach in both law and equity. All rights and remedies of the City, whether under this Agreement or applicable law, shall be cumulative.

ITEM 16

ATTACHMENT B
{CW140488.2}
IV. REMUNERATION
Upon acceptance of this Facilities Use Agreement by the City MST, and YCCD, YCCD shall pay the City of Ceres a lump sum payment of $250,000 for access to the training facilities at Station 17. The City of Ceres will invoice YCCD for the amount and provide written confirmation of receipt of funds when paid in full.

V. DURATION OF AGREEMENT, CONFLICT RESOLUTION, AND TERMINATION OF AGREEMENT This agreement shall provide access to and use of the Station 17 Training Facilities for 25 years (July 1, 2024- June 30, 2049).

If a conflict arises between the parties named in this agreement, the City of Ceres, MST, and YCCD agree to meet to resolve the matter amicably. If needed, the matter shall be brought to the Executive Oversight Committee outlined in the MST-YCCD Operational Agreement for resolution.

In the event that these mediation efforts fail, or the parties arrive at a mutual decision to sever the agreement, the agreement may be terminated by any party with 30 days written notice thereof to all parties. Such written notice of termination shall be issued by an a uthorized representative from each respective entity.

VI. MUTUAL INDEMNIFICATION
Each Party (the “ I ndemnifying Party”) agrees to indemnify, defend, and hold the other Party (the “Indemnified Party”) and the other Party’s elected and appointed council members, commissions, directors, officers, employees, agents, and representatives (collectively, “ Indemnified Party’s Agents ”) harmless from and against any and all actions, claims, loss, damage, injury (including, without limitation, disability, injury, or death of an employee of the Indemnifying Party or its subcontractors), costs or expenses (including reasonable attorneys’ fees and court costs) to the extent they are caused by the negligence or willful misconduct of the Indemnifying Party or its employees, contractors, representatives, or agents, or anyone else that the Indemnifying Party controls (collectively “Indemnifying Party’s Liabilities”). Such Indemnifying Party’s obligations to defend, hold harmless, and indemnify the Indemnified Party shall not apply to the extent caused by the negligence, active negligence, or willful misconduct of Indemnified Party or any of them, but shall apply to all other liabilities.

The Indemnified Party: (i) shall promptly provide the Indemnifying Party with written notice of any claim, demand, lawsuit, or the like for which it seeks indemnification pursuant to this section and provide the Indemnifying Party with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of the Indemnifying Party; and (iii) shall fully c ooperate with the Indemnifying Party in the defense of the claim, demand, lawsuit, or the like. A delay in notice shall not relieve the Indemnifying Party of its indemnity obligation, except (1) to the extent the Indemnifying Party can show it was prejudic ed by the delay; and (2) the Indemnifying Party shall not be liable for any settlement or litigation expenses incurred before the time when notice is given.

ITEM 16

ATTACHMENT B
{CW140488.2}
All disputes, claims, or other matters in question arising out of or relating to this MOU may ultimately be decided by means of legal action provided by California State law. Any attorney’s fees and associated costs arising from such legal action shall be paid by each party for its own costs.

VII. INSURANCE
The YCCD, MST, and the City each covenant and agree to acquire and maintain during the term of this Agreement policies of insurance or self-insurance as follows:
• General Liability: $2,000,000 minimum limit per occurrence • Automobile Liability: $2,000,000 minimum limit per occurrence • Workers’ Compensation: Statutory Limits and Employers’ Liability $1,000,000 min. limit

YCCD, MST, and the City of Ceres shall each provide the other parties with evidence of insurance or self- insurance prior to the commencement of this Agreement.

Section 24. Notice. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either party hereto by the other party hereto, shall be in writing and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express or other similar courier promising overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. 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 notic e or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier.

Notices will be addressed to the Parties as follows:

If to MST/YCCD:

CONTACT INFORMATION
MST/City of Modesto: And copy to:

City of Modesto Modesto Fire Department
Attn: City Manager Attn: Fire Chief
PO Box 642 409 12
th Street
Modesto, CA. 95354 Modesto, CA 95354

Yosemite Community College District: And copy to:

Modesto Junior College Modesto Junior College
Attn: College President Attn: Dean of School of Public Safety 435 College Avenue 435 College Avenue
Modesto, CA 95350 Modesto, CA 95350
ITEM 16

ATTACHMENT B
{CW140488.2}
If to City:

City of Ceres: And copy to:

City of Ceres Ceres Fire Department
Attn: City Manager Attn: Fire Chief/Fire Marshall
2220 Magnolia Street 2220 Magnolia Street
Ceres, CA 95307 Ceres, CA 95307
And:

White Brenner LLP
1608 T Street
Sacramento, CA 95811
Attn: Nubia I. Goldstein, Esq.

Section 26. General Provisions.
(a) Governing Law and Venue. This Agreement shall in all respects be interpreted, enforced, and governed by and under the laws of the State of California, applicable to instruments, persons, and transactions having legal context and relations solely within the State of California. Venue for any action to enforce this Agreement shall be in the California Superior Court, in and for the County of Stanislaus. (b) Headings. The descriptive headings of the sections and paragraphs contained in this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions.
(c) Compliance with Law. MST and YCCD agree to comply with all federal, state, and local laws, orders, rules, and regulations applicable to MST and YCCD’s Permitted Use of the training tower at Station 17. City agrees to comply with all laws relating to City’ s ownership and use of the training tower at Station 17 and any improvements on the training tower at Station 17 (d) 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 invalid 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.
(e) Waiver. City’s failure to require compliance with the conditions of this Agreement, or to exercise any right provided herein, shall not be deemed a waiver by City of such condition or right. (f) Sole and Only Agreement. This instrument constitutes the sole and only agreement between the City and MST and YCCD with respect to the training tower at Station 17, and correctly sets forth the obligations of City and MST and YCCD to each other as of its date. Any agreements or representations regarding said the training tower at Station 17 , which are not expressly set forth in this Agreement, are null and void.

ITEM 16

ATTACHMENT B
{CW140488.2}
(g) Amendment/Waiver. This Agreement cannot be amended, modified, or revised unless done in writing and signed by City and MST and YCCD. No provision may be waived except in a writing signed by both Parties. The failure by a party to enforce any provision of this Agreement or to require performance by the other party will not be construed to be a waiver, or in any way affect the right of either party to enforce such provision thereafter.
(h) Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” or “can” are permissive.
(i) 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 the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors, and assigns. (j) Counterparts. This Agreement may be executed in counterparts, and all so executed shall constitute an agreement that shall be binding upon the Parties. (k) Other Documents. The Parties agree that they shall cooperate in good faith and agree to execute and deliver such other instruments or documents as may be necessary and convenient to fulfill the purposes and intentions of this Agreement.
(l) Authority. The Parties have full and complete authority to enter into this Agreement and to perform all acts and incur all obligations created under this Agreement without the consent or approval of any other person or entity. The Parties warrant that each is legally competent to execute this Agreement. When duly executed and delivered, this Agreement shall be valid and binding upon the Parties and shall be fully enforceable against the Parties in accordance with its terms. (m) Document Preparation. The language of this Agreement shall be construed as a whole according to its fair meaning, and not strictly for or against either of the Parties. (n) Advice of Legal Counsel. 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.

ITEM 16

ATTACHMENT B
{CW140488.2}
XII. AUTHORITY
The undersigned warrant that they are authorized representatives and have authority to execute this Agreement on behalf of the Parties indicated.

City of Ceres Modesto-Stanislaus Consolidated-Turlock Fire Dept

______________________________ ______________________________ Douglas D. Dunford, Kevin Wise,
City Manager Fire Chief

_______________________________ ______________________________ Date Date

Yosemite Community College District Modesto Junior College

______________________________ ______________________________ Trevor Stewart, Brian K. Sanders, Ed.D.,
Vice Chancellor of District Admin Svcs President

_______________________________ ______________________________ Date Date

ITEM 16
ITEM 16

COUNCIL AGENDA REPORT
CIT

Y COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: August 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Lea C. Simvoulakis, Director of Community Development [email protected], (209) 538-5778
SUBJECT: Ordinance No. 2024 -XXXX, An Ordinance of the City Council of the City of Ceres Amending Title 5, Chapter 18 Garage Sales of the City of Ceres Municipal Code to Increase the Number of Garage Sale Events to Three Per Year and to Limit the Number of Sale Days to Three Per Garage Sale Event and Add a Community Garage Sale Day
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council introduce and waive the first reading of the ordinance amending Title 5, Chapter 18 of the Ceres Municipal Code to increase the number of garage sale events to three per year and to limit the number of garage sale days to three consecutive sale days per garage sale event.

I. BACKGRO
UND:

At
the August 28, 2023 City Council meeting a member of the public requested the City consider increasing the number of yard sale s from two sales per year to three sales per year. During Council referrals, Councilmember Vierra requested that staff consider a city- wide garage sale as the additional yard sale for the year.

At
the October 9, 2023 City Council meeting Councilmember Vierra again made a referral based on the suggestions of a member of the public to host a city -wide garage sale one time per year which would be in addition to the two yearly garage sales already allowed by the Municipal Code. Councilmember Vierra indicated that individuals would still have to go in for a permit at no cost to go over the garage sale rules and sign a permit acknowledging the requirements. It was added that bulk disposal requirements would still apply.

ITEM 17
On January 22, 2204, the former Community Development Director brought an informational item to the Council discussing two options for a city-wide garage sale. The prior two options provided to staff are listed below:

1. The City could require all participants to obtain a Garage Sale Permit, per the typical process and pay the $5.00 fee. The marketing materials for the event would need to explicitly state that a Garage Sale Permit is required. Enforcement of these permits may require additional focus by Ceres Code Enforcement Officers on the day of the event.

2. The City could waive the requirement to obtain a Garage Sale Permit for each city- wide garage sale event participant for the duration of the event. The marketing materials for the event would need to explicitly state that a California S eller’s Permit may be required if the participant has already held two personal garage sales within the prior 12- month period. As the City is not the main enforcement entity for California Seller’s Permits, it may be challenging to ensure all participants are following California laws pertaining to garage sales.

The conversation related to a city-wide yard sale was lost amidst the discussion about a Seller’s Permit and the Council was not able to fully vet the concept of a city-wide garage sale. Staff was asked to bring the item back with clarification on the Seller’s Permit issue and still provide information about a city-wide garage sale.

Staff prepared a zoning ordinance amendment to Title 5, Chapter 18 of the Ceres Municipal Code to allow for a third private garage sale for the community.

At the July 22, 2024 meeting the Council accepted staff’s recommendation related to individual garage sales and requested that a community garage sale day be added to the ordinance. Per Council direction, section 5.18.100 was added to the ordinance identifying that the City Manager can declare one day a year as the Community Garage Sale Day, and individuals do not have to obtain a permit for said garage sale. The Community Garage Sale Day does not count toward an individual’s total number of garage sales per calendar year.

II. RE
ASONS FOR RECOMMENDATION:

Original Public Request: Additional Garage Sale Permit

The request made by the public was to increase the number of garage sales the City allows individuals to have. Municipal Code section 5.18.030 states that individuals may have two garage sales within a 12- month period. Se ction 5.18.060 states that the two garage sales must be four months apart. Section 5.18.070 states that each sale can last three consecutive days, or two consecutive Saturdays and Sundays. As such, the current code allows individuals to have either six sale days a year if the two permitted garage sales are issued for three days each, or eight sale days a year if the garage sale permits are issued for the second option of having a garage sale on two consecutive weekends.

The table below summarizes the existing requirements for garage sales in Ceres:

ITEM 17
City City-Wide
Garage Sale
Y/N
Number of
Garage
Sales
Number of
Days Each
Sale
Number of
Days Apart
Hours Total Selling
Days
Permit
Required
Permit Cost
Per Permit
Modesto No 2 per calendar
year
3 consecutive
days N/A N/A 6 days No N/ A
Hughson Yes 2 per calendar
year
2 consecutive
days 90 days 8 am- 8pm
4 days or 5 days
with community
garage sale
Yes $5.00
Turlock
* Code permits
community
garage sale but
have not had one
in
at least 8 years
2 per calendar
year 3 days N/A N/A 6 days Yes $15. 00
Oakdale No 3 per calendar
year
3 consecutive
days N/A N/A 9 days No $5.00
Riverbank No 2 per calendar
year
3 consecutive
days N/A N/A 6 days Yes $5.00
Newman No 3 per calendar
year
3 consecutive
days N/A N/A 9 days Yes $7.50
Patterson Yes 3 per calendar
year
2 consecutive
days N/A 7 am-4 pm
6 days or 7 days
with community
garage sale day
Yes $7.00 first;
$10.00 second
Waterford No 1 per calendar
year
3 consecutive
days N/A N/A 3 days Yes $10.00
Stanislaus
County
No 2 per calendar
year
3 consecutive
days N/A N/A 6 days No N/ A

In considering changing the garage sale section of the municipal code, staff verified the rules and regulations for garage sales in all cities in Stanislaus County as well as the rules that regulate Stanislaus County. The below table identifies the garage sale regulations from the municipal codes of the other eight cities in Stanislaus County as well as Stanislaus County:

Based on the other municipal codes, the most common number of allowed garage sales per year is two per calendar year. The most common number of sale days is six sale days in a calendar year. In Newman and Oakdale, individuals can sell up to nine calendar days per year. The next highest allowable sale days is Patterson with seven sale days if you include the community garage sale day. The most restrictive city is Waterford which only allows one garage sale per calendar year for three consecutive days. The only City that has a requirement for time in between each yard sale is Hughson, which requires 90 days in between each yard sale.

When comparing the various municipal codes, Ceres allows up to eight sale days per year, if one chooses the two consecutive weekend days twice a year. Despite allowing the second highest number of sale days, a Ceres garage sale permit costs the same as City City-Wide
Garage Sale
Y/N
Number of
Garage
Sales
Number of
Days Each
Sale
Number of
Days Apart
Hours Total Selling
Days
Permit
Required
Permit Cost
Per Permit
Ceres- Existing No 2 per 12-
month period
3 consecutive
days or 2
consecutive
Sat/Sun
4 months
(120 days) 8am-8pm
6 days for three
day permits,
8 days for
consecutive
weekends
Yes $5.00
ITEM 17
other cities that allow only four and six sale days per year. T he only other two major differences in the garage sale regulations are the 12-month period requirement versus the calendar year requirement, and the separation requirement between garage sale events.

When considering increasing the number of allowable garage sale permits available to an individual each year, it is important to note the stated intent and purpose of the garage sale permit restrictions. Section 5.18.010 defines a garage sale as a sale conducted “… for the purpose of selling, trading, bargaining, exchanging or otherwise disposing of unwanted or surplus household furnishings or goods, or other tangible personal property, usually conducted in a garage, on a patio, upon a driveway, or on or in any portion of premises in a residential zone, and for which no inventory or permanent or detailed records are kept on the transactions thus carried out.” Staff believes that eight sale days per year is sufficient for members of the community to be able to sell, trade, bargain, exchange, or otherwise dispose of unwanted or surplus household items. The same section continues to state the purpose and intent of the regulations of garage sales is to prevent the expansion of commercial activity in noncommercial zones, to prevent such activities from unfairly competing with licensed revenue- producing commercial and business enterprises, and to prevent the evasion of business license fees.

In the 2023-2024 fiscal year, Finance issued 607 garage sale permits. At $5.00 per permit, that is a total revenue of only $3,035.00 , which does not cover staff time to track, issue, and monitor garage sales in town. Increasing the number of garage sales will only increase the gap between the revenue brought in and the actual cost of staff time to issue and monitor garage sales.

Despite the lack of revenue brought in by each permit, staff can support increas ing the number of garage sale events to three events per year, for three selling days per event.

This change would allow a total of nine sale days in the year rather than eight. The way the code is written now is complicating and confusing. Ceres is the only municipal code that has two different day requirements. Setting a firm number of sale days per garage sale event simplifies the process, helping to cut down on staff time, which is already not funded by the cost of the permit.

In addition to making this change, staff also supports moving to a calendar year system versus a 12-month rolling system. This change would eliminate the burden of having to consider the year period differently for everyone. With a 12-month rolling system, staff and the public have to calculate (and remember) when their first garage sale was, as that begins the 12-month cycle calculation for when they can have their second. For example, if someone hosts their first yard sale in June , their 12-month timeframe is on a June to May cycle. If someone’s first permit is issued in March, they are on a March to February 12-month cycle. This system is confusing and requires more effort on the part of Finance staff to track. The calendar year system means that people can have three garage sales between the months of January and December. This simplifies the process and improves efficiency for staff.

Staff also proposes to eliminate the four -month waiting period in between garage sales.

The only other city to have this limitation is Hughson, and it does not seem to be a necessary restriction based on the way other cities are managing garage sales.

ITEM 17
The proposed changes to the garage sale regulations are listed below in red:

With these changes, staff believes we are addressing the public concern about more sales days, and also simplifying the process for Finance staff who are tasked with issuing garage sale permits.

Councilmember Referral: City-W
ide Garage Sale Day

Councilmember Vierra’s referral was to explore a city -wide garage sale day. In researching neighboring cities, staff found that only two cities have active city -wide garage sales, Hughson and Patterson. Turlock has a code provision that allows for a community garage sale as designated by the Director of Parks, Recreation, and Public Facilities. However, after discussing the matter with Turlock staff, it appears they have not had their community -wide sale for at least eight years. Having a community -wide garage sale is not the norm in Stanislaus County, and staff anticipates that it is the time and cost associated with such an event that deters larger cities from having community - wide garage sales. Hughson has a population of less than 8,000 people and Patterson has a population of approximately 23,800 people. Both cities are smaller than the City of Ceres, making a community -wide garage sale more logistically possible from an enforcement perspective. If the number of garage sale permits that are pulled when individuals have to pay is already 607, the number of individuals taking advantage of a free permit will be even higher. Issuing these permits to the public and going over the rules and regulations for a garage sale will be time and cost consuming for staff.

The point was raised that it would be nice to give the community a free garage sale. Given that customers can currently have eight sale days a year for the price of $10.00, or $1.25 per sale day, the notion of a “free” permit is not materially justified . The cost of a permit is already so low that it does not cover the staff time needed to issue the permit and track the number of permits issued in a year. The $3,035.00 received in revenue this last fiscal year does not offset the cost of the Finance staff and Code Enforcement O fficer. If the community-wide garage sale day is still something the Council is interested in, staff recommends charging for the $5.00 permit , given the current budget issues facing the City.

At this time, staff believes the increased sale day and the removal of the time constraint between sale days addresses the public’s concern and is a more fiscally responsible option to offer at this time.

City City-Wide
Garage Sale
Y/N
Number of
Garage
Sales
Number of
Days Each
Sale
Number of
Days Apart
Hours Total Selling
Days
Permit
Required
Permit Cost
Per Permit
Ceres- Existing No 2 per 12-
month period
3 consecutive
days or 2
consecutive
Sat
/Sun
4 months
(120 days) 8am-8pm
6 days for three
day permits,
8 days for
co
nsecutive
weekends
Yes $5.00
Ceres-
Proposed
No 3 per calendar
year
3 consecutive
days None 8am-8pm 9 days Yes $5. 00
ITEM 17
Seller’s Permit Issue

As noted in the pervious staff report, according to the Sales and Use Tax Regulations of the State of California (Regulation 1595, Article 7, Chapter 4, Title 18 of the California Code of Regulations), a California seller’s permit is required whenever a person makes three or more sales within a 12-month period. When a person holds a seller’s permit, they must file sales and use tax returns and pay any sales and use tax due.

The California Department of Tax and Fee Administration’s website states that if you will be selling items at a location for less than 90 days, you are considered a temporary seller and are required to hold a temporary seller’s permit. You will need to register each temporary sales location. The registration for a seller’s permit or a temporary seller’s permit is free.

The State’s website indicates the most common type of sellers who may need a t
emporary Seller’s Permit are people holding garage sales. Per the State’s website, when you have a garage sale and sell used items, you are generally not required to hold a Seller’s Permit. However, if you have more than two garage sales within a 12- month period, you are required to hold a Seller’s Permit. In a phone call to the California Department of Tax and Fee Administration, staff asked for clarification on whether one garage sale that lasts multiple days counts as one event under the code, or if multiple days counts as multiple days of sales. Staff learned that each day of a garage sale is considered a day of sale. As such, after a two-day garage sale, someone has had two days of sales that have been exempt from California sales tax. Upon the third day of sale, an individual has triggered the need for a Seller’s Permit or Temporary Seller’s Permit.

A
fter questioning the tax advisor about the City’s desire to permit multiple garage sale events with multiple sale days, the representative indicated there is nothing wrong with the City allowing multiple sale events that include multiple sale days. The City c an allow individuals to have 10 garage sales that allow two sale days each for a total of 20 sale days. However, the individual person holding the garage sale is required to report their earnings after two days of sales. The advisor went on to say that the City is not responsible for providing tax advice to citizens as it relates to the selling of goods. It is common practice that when you buy goods in California, you pay a sales tax. Stores collect taxes on goods, online retailers collect sales tax on goods sold on the internet, and even maker platforms like Etsy collect sales tax on sales made. The seller of goods has an obligation to collect sales tax on their sales and then report that income to the State. There is nothing the City must do to ensure that process happens. It is the responsibility of the taxpayer to know they have an obligation as a seller of goods to pay their taxes accordingly. If the individual chooses not to do this, it is an individual tax risk on their part.

The State acknowledges that sometimes people sell items out of their homes to get rid of items, and the State allows people to do this twice a year without having to pay sales tax on those goods. However, after a certain point, the State expects to receive sales tax on items sold and it is the responsibility of the seller to then report those sales once that threshold has been reached. At the previous Council meeting it was asked if the City Council can waive the Temporary Seller’s Permit for a community wide garage sale. The tax advisor indicated that the answer to that question is no. The City can not waive the State’s right to collect taxes.

ITEM 17
In discussing this matter with other cities in the area, it became clear that no one was aware of the Temporary Seller’s Permit or S eller’s Permit requirement. Even those municipalities that allow for only two sales in a calendar year allow multiple days of sales, making it even more apparent the Seller’s Permit concept has played no role in the justification behind the number of garage sales/days allowed by each City. It was stated in the majority of municipal codes reviewed that the purpose and intent of the regulations on garage sales is to prevent the expansion of commercial activity in noncommercial zones, to prevent such activities from unfairly competing with licensed revenue-producing commercial and business enterprises, and to prevent the evasion of business licens e fees, not limit the number of garage sales for tax purposes . It is staff’s recommendation that Council set new garage sale rules irrespective of the rules surrounding S eller’s Permits. It is ultimately the taxpayer who needs to be aware of their obligations to the State.

Staff believes that three garage sale events for three consecutive days accomplishes the goal of providing a little more flexibility to the community, while still maintaining the purpose and intent of the garage sale code section. With nine sale days per year only costing the public $15.00 (or $1.66 per sale day), staff also recommends Council consider a fee increase for the permit in the future.

III. F
ISCAL IMPACTS :

Given the low cost of the garage sale permit, the revenue does not cover staff time to track, prepare, and issue the permit. Any additional permit days will increase the disparity between revenue and expenses.

IV. E
XISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN :

N/A
V. P OLICY ALTERNATIVES :

Council could choose to not increase the number of garage sale days or make any other changes suggested by staff.

VI. I
NTERDEPARTMENTAL COORDINATION:

N/A

VII. P UBLIC PARTICIPATION:

N/A

VIII. EN VIRONMENTAL REVIEW :

The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”) under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and in this case it can be seen with certainty that there is no possibility that ITEM 17
the activity in question may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3).

IX. ST EPS FOLLOWING APPROVAL :

Following Council approval or denial of the changes to the Municipal Code, staff will implement any changes accordingly.

Approved by: ___________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Ordinance

2. Attachment B – Redlined Ordinance

3. Attachment C – Public Hearing Notice

ITEM 17

ATTACHMENT A
{CW126823.1}
ORDINANCE NO. 2024-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES AMENDING TITLE 5, CHAPTER 18 GARAGE SALES, OF THE CERES MUNICIPAL CODE TO

INCREASE THE NUMBER OF GARAGE SALE EVENTS TO THREE PER YEAR AND

TO LIMIT THE NUMBER OF SALE DAYS TO THREE PER GARAGE SALE EVENT

AND ADD A COMMUNITY GARAGE SALE DAY

WHEREAS, Title 5, Chapter 18 Garage Sales governs the process of garage sales in the City of Ceres; and

WHEREAS, members of the public requested that the Council review the garage sale procedures of the City of Ceres to consider increasing the number of garage sales a person could host in the City; and

WHEREAS, the item was discussed at the City Council meeting on January 22, 2024 and several outstanding issues arose during the discussion of the item; and

WHEREAS, Council directed staff to come back to Council with recommendations related to the number of garage sales a year they could permit; and

WHEREAS, staff recommended three garage sale events per year with a limit of three days per garage sale event; and

WHEREAS, notice of this Ordinance change was published such that sufficient notice was given to interested persons of the purpose of the ordinance and the subject matter thereof.

NOW, THEREFORE, THE CITY OF CERES CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. AMENDMENT OF CODE SECTION. Title 5, Chapter 18 of the Ceres Municipal Code is hereby amendment to as reflected below . Specifically, amendments have been made to Section 5.18.030, 5.18.060, 5.18.070, and 5.18.080. Section 5.18.100 was added to the chapter.

Chapter 18 Garage Sales

Sections:

5.18.010
Definitions.

5.18.020 Purpose and intent.

5.18.030 Who may conduct a garage sale; frequency of sales.

5.18.040 Application for permits.

5.18.050 Issuance of permits.

5.18.060 Conduct of garage sales.

5.18.070 Duration of sale.

ITEM 17

ATTACHMENT A
{CW126823.1}

5.18.080 Permit applications exceeding three garage sales per calendar year

5.18.090 Exceptions

5.18.100 Community Garage Sale

5.18.010 Definitions.

For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

Family unit means all those persons who reside with the owner or occupant at the address of the residential unit.

Garage sale means a sale conducted by an individual home owner or occupant of a home, or apartment owner, or occupant of an apartment unit, or owner or occupant of any other residential or dwelling unit, for the purpose of selling, trading, bargaining, exchanging or otherwise disposing of unwanted or surplus household furnishings or goods, or other tangible personal property, usually conducted in a garage, on a patio, upon a driveway, or on or in any portion of premises in a residential zone, and for which no inventory or permanent or detailed records are kept on the transactions thus carried out. It may, at times, be conducted by a combination of residential dwellers at a single location. All sales designated, "lawn sale," "attic sale," "rummage sale," "moving sale," "flea market sale" or other terms of similar or like intent and having the foregoing characteristics and purposes are garage sales, excluding those sales held by charitable institutions on property owned and maintained by said institutions, and, excluding those sales sponsored by bona fide service clubs.

5.18.020 Purpose and intent.

It is the intent and purpose of the City Council in adopting the ordinance codified in this chapter to regulate those activities which in the most technical sense have business or commercial characteristics, but which, because of the manner in which they are conducted or the purposes for which they are being operated are truly noncommercial in nature. These regulations are intended to prevent the expansion of such noncommercial operations into truly commercial operations and to regulate the method of conducting the activity so that it will be confined to a noncommercial type of operation. It is the purpose of this chapter to prevent such activities from unfairly competing with licensed revenue- producing commercial and business enterprises; to prevent the conduct of commercial enterprises upon other than commercially -zoned property; and to curb the evasion of business license fees.

5.18.030 Who may conduct a garage sale; frequency of sales.

A.

Garage sales may be conducted by the following persons:

ITEM 17

ATTACHMENT A
{CW126823.1}

1. The owner of any residential unit within the City, or a member of the owner's family unit, provided such persons are actually residing upon said premises as their principal place of residence.

2. The occupant of any residential unit within the City, or a member of the occupant's family unit, provided such persons are actually residing upon the premises as their principal place of residence pursuant to a rental or lease agreement with the owner of the premises.

3. No more than three garage sales shall be conducted at any residential unit within the City during a calendar year by the persons permitted to conduct such sales pursuant to this section.

4. Each garage sale shall be limited to three consecutive days in duration. The hours of the garage sale shall be limited to 8:00 a.m. to 7:00 p.m.

5. If you conduct sales on three or more days in a 12-month period, you are subject to California sales and use tax and you are required to register for a California seller’s permit and pay tax on your taxable sales.

B.

In determining the number of garage sales conducted during the calendar year at the residential unit, all sales conducted by the owner, occupant, or member of the owner's or occupant's family unit shall be included. The City Manager shall have the discretion to determine whether an applicant may conduct a garage sale if that individual demonstrates to the City Manager's satisfaction a compelling justification for not meeting the requirements in this section.

5.18.040 Application for permits.

Persons authorized to conduct garage sales pursuant to this chapter shall make verified application in a form satisfactory to the Finance Department. The application shall contain the following:

A.

The name of the applicant and copy of a government ID or driver license; B. The address of the applicant;
C. The location of the proposed garage sale;
D. The date or dates upon which it is proposed to conduct the garage sale; E. The date or dates of any prior garage sales held at the residence; F. A statement that the applicant is either an owner/occupant, a renter/lessee, or a member of the family unit of such owner/occupant or renter/lessee. In the discretion of the Finance Department, the applicant may be required to provide verification of applicant's ownership, occupancy or family unit status in a form satisfactory to the Director of Finance.

G. Any fees as provided by section 5.02.010.

5.18.050 Issuance of permits.

ITEM 17

ATTACHMENT A
{CW126823.1}
Upon receipt of the application, the Finance Director shall issue the permit to the applicant provided that the Director of Finance determines that all of the provisions of this chapter have been met. The permit shall specify the following:

A.

The name of the permittee;
B. The exact address or location where the garage sale is to be conducted; C. The date or dates upon which the sale is to be conducted; D. The hours of the day during which said sale is to be conducted; E. The requirement that only one sign may be used to advertise said sale, which sign shall be displayed only at the sale, only during the date or dates and hours of said sale, and the further requirement that said sign shall not exceed six square feet in area nor six feet in height;
F. A general description of the property to be offered for sale; G. The requirement that the permit shall be revoked for failure to comply with all terms and conditions thereof, or the provisions of this chapter, or other applicable provisions of law;
H. The requirement that the permit shall be prominently displayed at the location of the garage sale; and,
I. Such other conditions relating to the promotion, advertising, and conducting of the garage sale which, in the opinion of the Police Chief, are necessary or proper for the preservation of the peace, elimination of traffic hazards, safety of pedestrians, preservation of public or private property, or like or similar matters.

5.18.060 Conduct of garage sales.

A. Sale items shall be limited to the personal property of permit applicant and his or her immediate family. Sale of items acquired for resale or consignment shall be prohibited.

B.

The permit must be displayed on the garage sale premises while the garage sale is operated.

C.

Garage sales shall not be operated between the hours of 7:00 p.m. and 8:00 a.m.

D. Goods for sale shall not be placed in any public right -of-way nor shall goods be left out in an open area visible to the public before or after the sale.

5.18.070 Duration of sale.

No garage sale permit shall be issued permitting the promotion, advertising, or conducting of a garage sale for more than three consecutive days.

5.18.080 Permit applications exceeding three garage sales per calendar year.

ITEM 17

ATTACHMENT A
{CW126823.1}
For the fourth and subsequent garage sale in any calendar year, the applicant must apply for a conditional use permit from the Ceres Planning Commission and pay all appropriate fees. The Community Garage Sale Day does not count toward an individual’s total number of garage sales per calendar year.

5.18.090 Exceptions.

This chapter shall not apply to the following persons:

A.

Persons selling goods pursuant to an order of process of a court of competent jurisdiction;
B. Persons acting in accordance with their powers and duties as public officials; or C. Churches, public schools, or charitable organizations, where the sale is conducted on the organization's property.

5.18.100 Community Garage Sale
The City Manager s hall designate up to one (1) day a year as “community garage sale day” where citizens can hold a garage sale at no cost without needing to obtain a permit.

SECTION 2. FINDINGS AND DECLARATION. The proposed Zoning Ordinance Text Amendment is consistent with the purpose and intent of the applicable goals and policies of the City of Ceres General Plan and the text amendment will have no adverse effect on properties under the City’s jurisdiction.

SECTION 3. EFFECTIVE DATE. This ordinance shall take effect 30 days from and after the date of its passage.

SECTION 4. SAVINGS. The provisions of this ordinance shall not affect any proceedings, suit or prosecution heretofore or hereafter commenced under the provisions of the Municipal Code as they existed prior to the effective date of this ordinance. No offense committed and no liability, penalty or forfeiture, either civilly or criminally incurred under the provisions of the Municipal Code as they existed prior to the effective date of this ordinance shall be discharged or affected by the adoption of this ordinance; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted or proceeded with in all respects as if this ordinance had not been adopted.

SECTION 5. PUBLICATION. This Ordinance shall be posted 10 days prior to the public hearing.

SECTION 6. CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”) under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and in this case ITEM 17

ATTACHMENT A
{CW126823.1}
it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3).

SECTION 7. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION 8. CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL. This Ordinance was introduced at a meeting of the Ceres City Council held on the 22nd day of July 2024, and passed and adopted as Ordinance No. 2024- XXXX at a regular meeting of the City Council held on the 12th day of August 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor

ATTEST:

________________________________
Fallon Martin, City Clerk

APPROVED AS TO FORM:

_______________________________
Nubia I. Goldstein, City Attorney
ITEM 17
Title 5 - BUSINESS LICENSES AND REGULATIONS
CHAPTER 18 GARAGE SALES
Ceres, California, Municipal Code C reated: 2024 -01-21 14:17:06 [EST] (
Supp. No. 2)