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Agenda

Ceres City Council
August 26, 2024

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Agenda
Meeting
August 26, 2024
Body
Ceres City Council
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10
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14.0 MB
Text extracted from the city's file for reading and search. Open the original on www.ceres.gov. That file is the official record.

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, August 26, 2024 at 6:00 p.m.

Mailing Address: Ceres City Hall, 2220 Magnolia Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER
Mayor Lopez

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

Martinez (District 4)

INVOCATION
Invocation by Jim Stochl, Harvest Presbyterian Church.

Click this link to join the webinar:
https://us02web.zoom.us/j/82703869531?pwd=b0QhkVXbf4Ja4X4l63maHrKizVogPH.1 Webinar ID: 827 0386 9531; Passcode: 498843; 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 26, 2024

Page 2 ends

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

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONFLICT OF INTEREST DECLARATION

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

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

1. Clerks Report of Posting. The agenda of the August 26, 2024 City Council Meeting was Posted on Wednesday, August 21, 2024. (City Clerk)

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

3. Approval of Minutes for the July 22, 2024 Regular City Council Meeting. (City Clerk)

4. Approval of Minutes for the August 12, 2024 Regular City Council Meeting. (City Clerk)

5. Approval of Minutes for the August 15, 2024 Special City Council Meeting. (City Clerk)

6. Register of Audited Demand(s) Dated August 7, 2024 through August 14, 2024. (Esenwein)
AGENDA
Regular City Council Meeting
August 26, 2024

Page 3 ends

7. General Correspondence – Information Only
a. Public Works Monthly Report for July 2024 (Royal)

8. Resolution No. 2024-XXX, Approving a Three-Year Agreement Amendment with Core Logic Solutions for Access to Aerial Street and Parcel Maps and Authorizing the City Manager to Execute the Agreement. (Perry)

9. Resolution No. 2024 -XXX, Approving a Three -Year Memorandum of Understanding with Stanislaus County for the County-Wide Commercially Sexually Exploited Children Protocol and Authorizing the Chief of Police to Execute the Agreement. (Perry)

10. Resolution No. 2024 -XXX, Approving an Outside Services Contract for the Purpose of Hiring Ceres Police Department Officers to Provide a Police Presence at Local Businesses and Organization Events. (Perry)

11. Resolution No. 2024-XXX, Approving the General Services Agreement for Well 41 Tie-In Pothole Services to Rolfe Construction Inc., Authorizing a 10-Polthole Contingency, and Authorizing the City Manager to Execute the Agreement. (Beltran)

12. Resolution No. 2024 -XXX, Approving the General Service s Agreement for the Whitmore Avenue Rehabilitation Pothole Services Project to Rolfe Construction Inc., Authorizing a 15-Pothole Contingency, and Authorizing the City Man ager to Execute the Contract. (Beltran)

13. Resolution No. 2024 -XXX, Approving the Professional Services Agreement with Dokken Engineering for the Design Services of the Crows Landing Road Rehabilitation Project (New Project String) , Approving a Budget Amendment, and Authorizing the City Manager to Execute the Agreement. (Beltran)

14. Resolution No. 2024 -XXX, Approving the Application to Stanislaus Council of Governments for the Carbon Reduction Program Grant to Reimburse up to 88.53% of the Design and Construction of a Project to be Determined. (Beltran)

15. Resolution No. 2024-XXX, Approving the Application to CALTRANS for the Highway Safety Improvement Program Grant to Reimburse up to 100% of the Design and Construction of a Project to be Determined. (Beltran)

16. Resolution No. 2024 -XXX, Approving the Purchase of One Police Department Ford Explorer Fleet Replacement from Rush Truck Center. (Royal)

17. Resolution No. 2024-XXX, Approving a One (1) Year Agreement with Ceres Youth Soccer Organization for Use of the Ceres River Bluff Regional Park and Authorizing the City Manager to Execute the Agreement. (Chavez)

AGENDA
Regular City Council Meeting
August 26, 2024

Page 4 ends

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

None

PUBLIC HEARING

18. Ordinance No. 2024-XXXX, An Ordinance of the City Council of the City of Ceres Amending Title 9, Chapter 16 Parks, Public Property, and Public Facilities of the Ceres Municipal Code to Prevent the Storage or Dumping of Items in Parks and Public Areas. (Perry)

NEW BUSINESS

19. Resolution No. 2024-XXX, Approving the Annual Report of the Ceres Downtown Revitalization Area for Fiscal Year 2024 -25 and Setting a Public Hearing for September 9, 2024 , to Consider Approving the Levy Assessment for C eres Downtown Revitalization Area Activities and Projects. (Aguirre)

DISCUSSION ITEMS

None

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

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

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

CLOSED SESSION

None

AGENDA
Regular City Council Meeting
August 26, 2024

Page 5 ends

REPORT FROM CLOSED SESSION

None

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on September 9, 2024 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

Council Agenda:

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

Related Materials:

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2220 Magnolia Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538 - 5731.

Notice regarding Americans with Disabilities Act:

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s office at (209) 538 - 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II).

AFFIDAVIT OF POSTING

I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Wednesday, August 21, 2024, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Monday, July 22, 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 called the July 22, 2024 meeting to order at 6:00 p.m.

ROLL CALL – Present:

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

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

INVOCATION
Invocation by Tim Giannosa, Big Valley Grace Community Church.

PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Lopez.

PRESENTATIONS
A. National Health Center Week Proclamation
Yamilet Valladolid with Golden Valley Health Centers accepted the proclamation.

B. Service Award for Jon Frederick, Information Technology Manager Information Technology Manager, Jon Frederick, accepted the service award.

C. Bertolotti Franchise Agreement Overview
ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 22, 2024

Page 2 ends

Administrative Analyst, Toni Cordell, gave a presentation on the Bertolotti Franchise Agreement.

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

Dave Pratt spoke regarding mandates and the leaf and limb program.

Shirley Rogers spoke regarding the billing process.

John Warren spoke regarding the leaf and limb program.

Gene Yeakley spoke regarding the leaf and limb program and household hazardous waste items.

Mayor Lopez closed public comment.

Council and staff discussion included illegal dumping, leaf and limb program and enforcement, the three bin system , and implementing extra pickups for leaf and limb.

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

Nasson Sanchez spoke regarding law enforcement statistics and National Night Out.

Destiny Condit spoke regarding updates from Senator Marie Alvarado-Gil’s office.

Irma Luis Gutierrez spoke regarding homelessness near her residence.

Dave Pratt spoke regarding the job fair and the hours at the dog park.

Gene Yeakley spoke regarding side shows and people running stop signs.

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

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONFLICT OF INTEREST DECLARATION

None

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 22, 2024

Page 3 ends

CONSENT CALENDAR

1. Clerks Report of Posting. The agenda of the July 22, 2024 City Council Meeting was Posted on Wednesday, July 17, 2024. (City Clerk)

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

3. Approval of Minutes for the July 8, 2024 Regular City Council Meeting. (City Clerk)

4. Register of Audited Demand(s) Dated July 3 , 2024 through July 10 , 2024. (Esenwein)

5. Removed for separate consideration.

6. Resolution No. 2024-99, Approving the Elimination of Two (2) Vacant Assistant/Associate Engineer Positions and Adding One (1) Senior Civil Engineer Position. (Beltran)

7. Removed for separate consideration.

8. Removed for separate consideration.

9. Removed for separate consideration.

Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving items 1 – 4 and 6. Motion carried 5/0/0/0 by the following roll call vote:

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

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 5: Removed for separate consideration by Councilmember Casey

General Correspondence – Information Only
a. Redevelopment & Economic Development Report for April – June 2024 (Aguirre)
b. Public Works Monthly Report for June 2024 (Royal)

Councilmember Casey spoke regarding weed control , abatement, how to report complaints, and Lions Park.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 22, 2024

Page 4 ends

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

John Warren spoke regarding response times to complaints submitted via the City of Ceres app.

Dave Pratt spoke regarding the difficulty of using the City of Ceres apps.

Mayor Lopez closed public comment.

Council and staff discussion included timeframe for complaints and Tuscany Village.

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

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

Item 7: Removed for separate consideration by Councilmember Martinez

Resolution No. 2024-100, Awarding the Construction Contract for Whitmore Park Gazebo Project to Sinclair General Engineering Construction Inc., Authorizing a 10% Contingency, and Authorizing the City Manager to Execute the Contract . (Beltran)

Councilmember Martinez spoke regarding the budget amendment and total cost of the project.

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

John Warren suggested the excess money for the project be used towards audio - visual upgrades in the Council Chambers.

Shirley Rogers spoke regarding how much the project cost and what the gazebo is being used for.

Gene Yeakley suggested utilizing the money elsewhere.

Mayor Lopez closed public comment.

Council and staff discussion included prevailing wage.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 22, 2024

Page 5 ends

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

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

Item 8: Removed for separate consideration by Councilmember Vierra

Resolution No. 2024-XXX, Declaring City-Owned Parcel 127-002-047 as Exempt Surplus Land Pursuant to Government Code Section 54221(f)(B) of the Surplus Land Act and Authorizing the City Manager to Conduct Negotiations for the Disposition of the Exempt Surplus Parcel. (Simvoulakis)

Councilmember Vierra inquired on whether the surplus land needed to be posted on California Department of Housing and Community Development ’s (HCD) website.

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

Council and staff discussion included new regulations regarding surplus land, prior notification to the public and the options Council has regarding this item.

Action: Motion by Vice Mayor Silveira , seconded by Mayor Lopez , approving item 8. Motion denied 1/4/0/0 by the following roll call vote:

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

Items 9: Removed for separate consideration by Ceres resident Dave Pratt

Resolution No. 202 4-101, Approving a Letter of Support from the Ceres City Council to Present to San Joaquin Regional Rail Commission for the Transit and Intercity Rail Capital Program (TIRCP) Grant. (City Manager)

Dave Pratt inquired how the project benefits Ceres and that a Measure L sign should be placed in front of the project.

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

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 22, 2024

Page 6 ends

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

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

NEW BUSINESS

None

UNFINISHED BUSINESS

None

PUBLIC HEARING

10. Waiver of Second Reading and Adoption of Ordinance No. 2024 -1083, An Ordinance of the City Council of the City of Ceres Amending Title 15 of the City of Ceres Municipal Code, and Adopting by Reference the California Code of Regulations Title 24, 2022 Edition, of the California Building Standards Code and to Set a Public Hearing on July 22, 2024, for a Second Reading and Adoption of the Ordinance. (Simvoulakis)

Community Development Director, Lea Simvoulakis, presented the item.

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

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

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

11. 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. (Simvoulakis)

Community Development Director, Lea Simvoulakis, presented the item.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 22, 2024

Page 7 ends

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

Shirley Rogers spoke regarding laws in California regarding yard sales and enforcement.

Amy Claus spoke in favor of the proposed changes.

John Warren spoke in favor of the proposed changes.

Gene Yeakley spoke regarding enforcement of yard sales.

Mayor Lopez closed the public hearing.

Council and staff discussion included community yard sale event, clean up event the day after the community yard sale, including a community yard sale as part of the ordinance amendment

Action: Motion by Councilmember Martinez , seconded by Councilmember Vierra, approving item 11 and adding a
community-wide yard sale event to the Ceres Municipal Code.

Motion carried 5/0/0/0 by the following roll call vote:

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

12. 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 Regarding Murals, their Location, and Design. (City Manager)

City Manager, Doug Dunford, presented the item.

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

Council and staff discussion included setting fees for the ordinance , public input and enhancing communications related to public hearings.

Action: Motion by Councilmember Martinez , seconded by Mayor Lopez, approving item 12. Motion carried 4/1/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No Yes Yes Yes Yes
ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 22, 2024

Page 8 ends

DISCUSSION ITEMS

13. Amending the Bertolotti Franchise Agreement Related to the Leaf and Limb Program. (Councilmember Martinez)

City Manager, Doug Dunford, presented the item.

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

Drave Pratt spoke regarding a year-round leaf and limb program.

John Warren spoke regarding American Rescue Plan Act funds allocated to Code Enforcement employees to tend to illegal dumps, regulations for leaf and limb pick- up, and illegal dumping in the City.

Gene Yeakley spoke regarding educating residents of the program and the cost of extending the leaf and limb program.

Shirley Rogers spoke regarding previous commenters and including leaf and limb pick-ups in between the season by appointment.

Mayor Lopez closed public comment.

Council and staff discussion included the timeframe of the program, increasing the number of pickups allowed, and fees for providing the service.

Staff will explore ways with Bertolotti to expand the Leaf and Limb Program, discuss fees for the service, and minimize increasing the rates.

COUNCILMEMBER REFERRALS

14. Reallocating American Rescue Plan Act (ARPA) Funds from Costa Field Upgrades to Public Safety Retention.
(Requested by Mayor Lopez)

Mayor Lopez and Councilmember Martinez presented the referral item.

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

John Warren spoke regarding when ARPA funds must be spent by.

Mayor Lopez closed public comment.

Council and staff discussion included retention ideas, using the funds for the youth ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 22, 2024

Page 9 ends

in the community or other public safety items that were cut from ARPA, and when ARPA funds must be spent.

Council provided consensus for staff to bring back an item on areas to reallocate the unspent ARPA funds from the Cost Field Upgrades (4/1 → No = Casey).

15. Increased Traffic Enforcement the First Three Days of School (Requested by Mayor Lopez)

16. Increased LED Stop Signs Near School Zones
(Requested by Mayor Lopez)

17. Community Workforce Agreement to Hire Local Residents for City Projects (Requested by Councilmember Vierra)

18. ARPA Funding Update and Reallocation
(Requested by Vice Mayor Silveira)

19. Becoming a Sister City
(Requested by Councilmember Martinez)

REPORTS

• Mayor

Mayor Lopez spoke regarding Affordability in the Valley Town Hall meeting, Stanislaus County Fair, Darrah Street Community BBQ, Sam Wilson, National Ice Cream Day, and the Military and Law Enforcement Appreciation Breakfast.

• City Council

Councilmember Martinez spoke regarding the Christmas Tree Lane meeting, Concerts in the Park, Back to School Fundraiser, and thanked the Public Works staff.

Councilmember Vierra spoke regarding Affordability in the Valley Town Hall meeting , Ceres Partnership, animal shot clinic, Ceres Garden Club, Christmas Tree Lane meeting, Back to School Fundraiser and attending a conference regarding small city housing strategies.

• City Manager

Nothing to report.

• City Attorney

Nothing to report.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 22, 2024

Page 10 ends

• Departments

Nothing to report.

• County Supervisor

Nothing to report.

CLOSED SESSION

20. Conference with Real Property Negotiations, Cal Gov’t Code §54956.8 Property: 0 Arthur Way (APN: 127-002-047)
Agency Negotiator: City Manager, Douglas D. Dunford and City Attorney, Nubia I.

Goldstein
Negotiating Parties: Pedro Orozco (Buyer) and Laura Diarte (Real Estate Agent) Under Negotiations: Price and/or terms of payment

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

Mayor Lopez stated the Closed Session items had been cancelled.

REPORT FROM CLOSED SESSION

None

ADJOURNMENT

The next scheduled City Council Meeting will be held on August 12, 2024, at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

There being no further business, Mayor Lopez adjourned the meeting at 9:09 p.m.

______________________________
Javier Lopez, Mayor

______________________________
Fallon Martin, City Clerk

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

ITEM 3

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
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 called the August 12, 2024 meeting to order at 6:00 p.m.

ROLL CALL – Present:

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

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

INVOCATION
Invocation by Patrick Davis, Ceres Christian Church.

PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Lopez.

PRESENTATIONS
None
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)
Tony Cavaggion spoke regarding fishing in Lower River Bluff.

Lou Toste spoke regarding Ceres Youth Soccer Organization and a fee increase.

Brenda Herbert spoke regarding updates from Congressman John Duarte’s office.

ITEM 4

DRAFT MINUTES
Regular City Council Meeting
August 12, 2024

Page 2 ends

Shirley Rogers spoke regarding personal development.

John Warren spoke regarding a ceremony at Whitmore Park at 8:30 a.m. on September 11th in observance of Patriots Day.

Ruben Alvarez spoke regarding Ceres Youth Soccer Organization fee increases.

Gene Yeakley spoke regarding a door to the Senior Lounge in the Ceres Community Center

Randy Cerny spoke regarding the current council.

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

City Clerk, Fallon Martin, introduced the item.

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

Council consensus to designate Councilmember Vierra as the voting delegate with Councilmember Martinez and Mayor Lopez as the alternate voting delegates at the League of California Cities Annual Conference.

B. Interview Process for Appointment to the Planning Commission

Community Development Director, Lea Simvoulakis, introduced the item.

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

Council consensus to appoint Mayor Lopez and Vice Mayor Silveira to the sub - committee for the Planning Commission interview process.

CONFLICT OF INTEREST DECLARATION

Councilmember Vierra declared a conflict of interest on item 16 and recused herself from voting.

CONSENT CALENDAR

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

ITEM 4

DRAFT MINUTES
Regular City Council Meeting
August 12, 2024

Page 3 ends

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

3. Removed for separate consideration.

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

5. Resolution No. 2024 -102, Authorizing the Sale of Canine Banner to Officer Christian Izquierdo. (Perry)

6. Resolution No. 2024 -103, 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 Ac cess Ramps in the Remaining Portions of the Morrow Village Subdivision. (Beltran)

7. Resolution No. 2024 -104, Approving the Professional Services Agreement with O’Dell Engineering a Westwood Company for 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 -105, 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. Removed for separate consideration.

10. Resolution No. 2024 -107, Amending the Part -Time (Non -Regular) Employee Hourly Pay Rate Schedule, Effective in the Pay Period Beginning August 18, 2024. (Vasquez)

11. Resolution No. 2024-108, 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. 2024-109, 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. Removed for separate consideration.

ITEM 4

DRAFT MINUTES
Regular City Council Meeting
August 12, 2024

Page 4 ends

14. Resolution No. 2024 -111, Approving a n 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. 202 4-1084, 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. (City Manager)

16. Removed for separate consideration.

Action: Motion by Councilmember Martinez , seconded by Councilmember Vierra , approving items 1-2, 4 -8, 10 -12, and 14-15. Motion carried 5/0/0/0 by the following roll call vote:

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

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 3: Removed for separate consideration by Councilmember Casey

Register of Audited Demand(s) Dated July 17, 2024 through July 31, 2024. (Esenwein)

Councilmember Casey spoke regarding funding for the Modesto Fire payment.

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

Action: Motion by Councilmember Casey, seconded by
Councilmember Martinez , approving item 3. Motion carried 5/0/0/0 by the following roll call vote:

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

Item 9: Removed for separate consideration by Councilmember Vierra

Resolution No. 2024-106, 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. (Vasquez)

ITEM 4

DRAFT MINUTES
Regular City Council Meeting
August 12, 2024

Page 5 ends

Councilmember Vierra spoke regarding where the additional funds are coming from.

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

John Warren spoke regarding the cost of the 8% wage increase.

Mayor Lopez closed public comment.

Council and staff discussion included the title of the motion and the budget amendment.

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

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

Item 13: Removed for separate consideration by Councilmember Vierra

Resolution No. 2024-110, Approving the Purchase of One Street Sweeper Fleet Replacement from Schwarze Industries. (Royal)

Councilmember Vierra spoke regarding state requirements with electric vehicles.

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

Council and staff discussion included grants, vehicles that are required to be electric, and if the money to purchase the street sweeper was budgeted.

Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving item 13. Motion carried 5/0/0/0 by the following roll call vote:

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

Items 16: Removed for separate consideration

Resolution No. 202 4-XXX, Approving the Memorandum of Understanding for Yosemite Community College District Funding for the Fire Training Facility Project ITEM 4

DRAFT MINUTES
Regular City Council Meeting
August 12, 2024

Page 6 ends

and Authorizing the City Manager to Execute the Memorandum of Understanding. (Wise)

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

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

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

NEW BUSINESS

None

UNFINISHED BUSINESS

17. Waiver of Second Reading and Adoption of Ordinance No. 2024 -1085, 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 . (Simvoulakis)

Community Development Director, Lea Simvoulakis, presented the item.

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

Gene Yeakley spoke regarding enforcement efforts.

Mayor Lopez closed the public hearing.

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

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

ITEM 4

DRAFT MINUTES
Regular City Council Meeting
August 12, 2024

Page 7 ends

PUBLIC HEARING

18. Resolution No. 2024 -113, 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)

Engineering Services Director/City Engineer, Michael Beltran, presented the item.

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

Gene Yeakley inquired about the structure of the fees.

John Warren spoke regarding the average cost to each Landscape and Lighting District in the city.

Mayor Lopez closed the public hearing.

Council and staff discussion included comingling of funds and landscape upkeep.

Action: Motion by Councilmember Martinez , seconded by Councilmember Vierra, approving item 18. Motion carried 5/0/0/0 by the following roll call vote:

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

DISCUSSION ITEMS

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

City Attorney, Nubia Goldstein, presented the item.

Mayor Lopez opened the item for public comment. No one spoke. Mayor Lopez closed public comment.

Council and staff discussion included consistency, equality, and inclusion on the presentation of certificates, consistent procedure for dissemination of information, continuing with the existing process of dissemination of information, and respecting fellow councilmembers.

Council consensus was not reached for this item ( 2/3 → No = Casey, Lopez, & Martinez).

ITEM 4

DRAFT MINUTES
Regular City Council Meeting
August 12, 2024

Page 8 ends

COUNCILMEMBER REFERRALS

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

Councilmember Casey presented the referral.

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

Gene Yeakley spoke regarding spending within the budget.

John Warren spoke regarding mid-year budget reviews and budget workshops that allow for public input.

Mayor Lopez closed public comment.

Council and staff discussion included budget structure, community workshop on the budget, public input, and placing informational on social media explaining the budget process.

Council provided consensus for staff to bring back an item on instituting a policy of a budget review process to include a review period of so many days with a mid - year review process and budget workshops (3/2 → No = Lopez & Martinez).

REPORTS

• Mayor

Nothing to report.

• City Council

Councilmember Vierra spoke regarding Stanislaus Homeless Alliance meeting, housing, Tuscany Village, start of the school year, and dogs at large.

Councilmember Casey thanked Public Works for cleaning up Lions Park, using the Ceres app, and retail store closures.

Vice Mayor Silveira spoke regarding the multi-chamber mixer and the Movie Night and Car Show.

Councilmember Martinez spoke regarding Concerts in the Park, Christmas Tree Lane meeting, National Night Out, and residents of Saturn Ct.

ITEM 4

DRAFT MINUTES
Regular City Council Meeting
August 12, 2024

Page 9 ends

• City Manager

Nothing to report.

• City Attorney

Nothing to report.

• Departments

Police Chief, Chris Perry, spoke regarding the academy recruit graduates, Special Olympics fundraiser, and back to school.

Redevelopment & Economic Development Manager, Julian Aguirre, spoke regarding Ceres Downtown Revitalization roundtable on August 22 nd at 5:30 p.m. in the Ceres Community Center.

Director of Engineering Services/City Engineer, Michael Beltran, spoke regarding traffic control and improvements on Whitmore.

• County Supervisor

Nothing to report.

CLOSED SESSION

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

22. 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 Community Development, Director of Finance, Director of Human Resources, Director of Public Works, City Manager)

REPORT FROM CLOSED SESSION

Mayor Lopez reported that direction was given to staff for items 21 and 22.

ADJOURNMENT

The next scheduled City Council Meeting 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.

ITEM 4

DRAFT MINUTES
Regular City Council Meeting
August 12, 2024

Page 10 ends

There being no further business, Mayor Lopez adjourned the meeting at 8:19 p.m.

______________________________
Javier Lopez, Mayor

______________________________
Fallon Martin, City Clerk

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

ITEM 4

DRAFT MINUTES

CITY COUNCIL SPECIAL MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
Ceres Unified School District
District Office Board Room
2503 Lawrence Street
Thursday, August 15, 2024 at 1:00 p.m.

Mailing Address: Ceres City Hall, 2220 Magnolia Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER
Mayor Lopez called the August 15, 2024 meeting to order at 1:00 p.m.

ROLL CALL – Present:

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

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

PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Lopez.

CITIZEN COMMUNICATIONS to the Council on matters included on the agenda (five minutes)
None

CONFLICT OF INTEREST DECLARATION
None

CONSENT CALENDAR

1. Clerks Report of Posting. The agenda of the August 15, 2024, City Council Special Meeting was Posted on Wednesday, August 14, 2024. (City Clerk) ITEM 5

DRAFT MINUTES
Special City Council Meeting
August 15, 2024

Page 2 ends

2. Resolution No. 2024-114, Ordering the Levy and Collection of Special Taxes for Fiscal Year 2024/25 within the City of Ceres Community Facilities District No. 1 (Public Services). (Beltran)

3. Resolution No. 2024-115, Ordering the Levy and Collection of Special Taxes for Fiscal Year 2024/25 Within the City of Ceres Community Facilities District No. 2 (Public Services). (Beltran)

Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving item 1. Motion carried 5/0/0/0 by the following roll call vote:

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

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Items 2 & 3: Removed for separate consideration by Ceres resident, John Warren

John Warren spoke regarding Mello-Roos and the amount each district is paying.

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

Action: Motion by Vice Mayor Silveira , seconded by Councilmember Martinez, approving items 2 & 3 . Motion carried 3/2/0/0 by the following roll call vote:

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

ADJOURNMENT

The next regular City Council Meeting 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.

There being no further business, Mayor Lopez adjourned the meeting at 1:06 p.m.

_____________________________
Javier Lopez, Mayor

ITEM 5

DRAFT MINUTES
Special City Council Meeting
August 15, 2024

Page 3 ends

____________________________
Fallon Martin, City Clerk

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

ITEM 5
ITEM 5

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: August 26, 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 August 7 , 2024, through August 14, 2024
RECOMMENDED COUNCIL ACTION:

City Council approve the register of audited demand(s) dated August 07, 2024 through August 14, 2024 covering obligations to be paid by general warrants #130624 through #130746 in the amount of $3,433,147.19.

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 August 14, 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 to be paid in a timely manner to establish goodwill with merchants and allows for discounts to be taken where applicable.

ITEM 6
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 $3,433,147.19 fiscal impact for the period of August 7, 2024, through August 14, 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 August 7, 2024 through August 14, 2024

ITEM 6
Date
108.00
130633 08/07/24 1343 BLACK WATER CONSULTING

ENGINEERS, INC
6941 22400075 SDMP CEQA INITIAL STUDY/MITIGATED NEGATIVE DECLARA 299.00 Total: 299.00
57,690.65
PP NO.2 22500001 JUL 24 HATCH RD 18" WTR TRANS LINE CONST PROJ 1,261,848.90 Total:

Total: 4,548.35
130632 08/07/24 1216 AYERA TECHNOLOGIES,INC. 589096 AUG 24 MONTHLY INTERNET SVCS FOR FLEET 59.00 592658 AUG 24 MONTHLY INTERNET SMYRNA PARK 49.00
DECAL ADHESIVE REMOVER TOOL 68.17
Total: 1,319,539.55
130631 08/07/24 1185 AT&T JUNE 2024 JUN 24 PHONE SVCS CALNET 4,548.35 6,600.00
130630 08/07/24 5834 ARB INC. PP NO. 1 22500001 6/11-6/30/24 HATCH RD 18"WTR TRANS LINE CONST PROJ Total: 79.94
130626 08/07/24 1082 ALHAMBRA 12203096 072624
Total: 68.17
130629 08/07/24 1140 ANIMAL DAMAGE MANAGEMENT INC 8263C JULY 24 PEST CONTROL SERVICES 6,600.00 Total:

Total: 10,720.00
130628 08/07/24 5391 AMAZON CAPITAL SERVICES, INC. 1VXL-J7HJ-C36M Total: 105.00
130624 08/07/24 5839 209 MULTIMEDIA CORPORATION 373103
JUN 24 SECURITY PATROL FOR CITY PARKS 5,264.00
08-CITYOFCERES JUL 24 SECURITY PATROL FOR CITY PARKS 5,456.00 130627 08/07/24 5792 ALPINE PROTECTIVE SOLUTIONS LLC 07-CITYOFCERES JULY 24 LAB DI WATER 79.94
Voucher List
City of Ceres
8/14/2024 1:17:28 PM
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount SAFETY EQUIPMENT 115.55
Total: 115.55
130625 08/07/24 1068 AIRGAS USA, LLC 9151606974
LEGAL AD: CC#6-13 MURAL ORDINANCE HEARING 105.00
8/14/2024 1:17:28 PM
ITEM 6
Date
Voucher List
City of Ceres
8/14/2024 1:17:28 PM
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount AUGUST 2024 PLANNING COMMISSIONER COMPENSATION 80.00
Total: 80.00
130642 08/07/24 5795 CONDIT, GARY MATTHEW AUG24 - CONDIT 22400089 JUN & JUL 24 - WELL 22 GAC TRTMNT PROJ P23-008 119,647.98 Total: 119,647.98
130641 08/07/24 1672 CONCO WEST INC. PP#5 - 2081
6/24-7/22/24 WATER SVCS ROW @ RICHLAND AVE 34.87
Total: 34.87
130640 08/07/24 1644 CITY OF MODESTO 315721-134894 JUL 24 BACKFLOW WASTEWATER REPAIR 1,814.90
Total: 1,814.90
130639 08/07/24 5669 JESUS JOSE JIMENEZ CUEVAS 2504
2024 SUMMER DANCE CLASS INSTRUCTOR SVCS 6,510.00
Total: 6,510.00
130638 08/07/24 1605 CHARLOTTE ROSE EWING 16259
QE 06/30/2024 SEISMIC FEES 1,670.45
Total: 1,670.45
130637 08/07/24 1443 CA STATE DEPT OF CONSERVATION JUNE 2024 TRAFFIC SIGNAL MAINTENENCE 4/2024-6/2024 529.45
Total: 529.45
130636 08/07/24 1441 CA DEPT OF TRANSPORTATION SL241073 QE 06 30 2024 CA BLDG STANDARDS FEE 505.80
Total: 505.80
130635 08/07/24 1438 CA BUILDING STANDARDS COMM QE 06 30 2024 M.A.P SENSOR ENGINE - FOR FUEL-POLICE TAHOE 251.26
Total: 251.26
130634 08/07/24 1363 BONANDER TRUCK & TRAILER INC. 279040 8/14/2024 1:17:28 PM
ITEM 6
Date
Voucher List
City of Ceres
8/14/2024 1:17:28 PM
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount Total: 1,097.80
JULY 24 WATER SAMPLE ANALYSIS DIST 13 546.00
K4G1514 JULY 24 WATER SAMPLE ANALYSIS W16 420.00
JULY 24 WATER SAMPLE ANALYSIS W22 URIANUM 89.00
K4G1509 JULY 24 WATER SAMPLE ANALYSIS W39 &40 NITRATE 42.80 130650 08/07/24 2134 GEOANALYTICAL LABORATORIES K4G1508 K4G1510
AUGUST 2024 MEDICAL/VISION INSURANCE PREMIUMS 285,748.54 Total: 285,748.54
130649 08/07/24 5727 FIRE RISK MANAGEMENT SERVICES AUG 24 MED/VSN INS 22400080 JUL 24 OCHOA PARK PH II IMPROVEMENT PROJ AGRMNT#2 3,323.50 Total: 3,323.50
130648 08/07/24 1931 ENGEO, INC 293645
Total: 24,019.75
130647 08/07/24 5587 EMTS, INC. 11201333

80.00 130646 08/07/24 1870 DLT SOLUTIONS, LLC 5251918A ANNUAL SUBSCRIPTION 4X ARCHITECT CONST CAD 5,127.60 Total: 5,127.60
130645
130644 08/07/24 1793 DAVID LANGLEY INC. 15155-290 AUGUST 24 JANITORIAL SVCS COMM CNTR 5,515.25 130643 08/07/24 1733
JULY MONTHLY MAINTENANCE 24,019.75
Total: 5,515.25
08/07/24 1818 DEL NERO, GARY AUG-24 - DEL NERO AUGUST 2024 PLANNING COMMISSIONER COMPENSATION 80.00 Total:

Total: 1,462.09
490.99
NEW HIRE PANTS- DIAZ 287.41
K23898 NEW HIRE CAMPAIGN HAT- PERRY 192.70
NEW HIRE PANTS- CARTER 179.63
K24404 NEW HIRE PANTS- CARTER 155.68
NEW HIRE LS SHIRT- PERRY 155.68
K23897 NEW HIRE PANTS & LS SHIRT- PERRY
CRESCENT SUPPLY K23284
423886
071599
8/14/2024 1:17:28 PM
ITEM 6
Date
Voucher List
City of Ceres
8/14/2024 1:17:28 PM
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount Total: 14,325.00
2024-25 PSYCHOLOGICAL SERVICES RETAINER 14,000.00
23111 PRE-EMPLOYMENT PSYCH - PERRY 325.00
130657 08/07/24 2501 JOCELYN E. ROLAND, PH.D., ABPP 23019 22300103 PUBLIC WORKS PROJECT MANAGEMENT AND CONSULTATION 3,500.00 Total: 3,500.00
130656 08/07/24 5685 JEREMY DAMAS 08.2024.1
JUL 24 UB STMT PROCESSING & POSTAGE 6,861.43
Total: 6,861.43
130655 08/07/24 2429 INFOSEND, INC. 266518
GENERIC MAINTANENCE FS#4 375.00
Total: 1,200.00
GENERIC MAINTENANCE 450.00
PI-076152 GENERIC MAINTENANCE LOW PSI FS 3 375.00
130654 08/07/24 2427 INDUSTRIAL ELECTRICAL CO. PI-076151 PI-076150
1,696.43
130653 08/07/24 2246 GROVER LANDSCAPE SERVICES, INC 0328860 JULY 24 MONTHLY LANDSCAPING SVCS FY24/25 1,820.00 Total: 1,820.00
Total: 1,304.53
130652 08/07/24 2244 GRISWOLD INDUSTRIES 897222 ALTITUDE ADJUST/REPLACE PARTS 1,696.43 Total:
130651 08/07/24 2225 GRAINGER
9186479607 (10) NEW HARDHATS 253.92
9177559789 MOTOR PARTS FOR FACILITIES 189.95
DISPOSABLE GLOVES 219.13
9177443398 LUBE FOR HYDRANT MAINTENANCE 377.67
9197371686 EXPORT CONTROLS REPAIR 215.95
9197559975 EXPORT CONTROL REPAIR 47.91
9177665321
8/14/2024 1:17:28 PM
ITEM 6
Date
Voucher List
City of Ceres
8/14/2024 1:17:28 PM
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount CITY PARKS IRRIGATION 3,776.50
Total: 7,337.30
PARK IRRIGATION 2,875.44
0016753364-001 OCHOA PARK IRRIGATION 685.36
130663 08/07/24 3060 NORMAC, INC. 0016232996-001
0015832400-001
7/29/24 UNIFORM SERVICES FLEET 69.18
Total: 939.71
130662 08/07/24 5362 MISSION LINEN SUPPLY
522061589
7/29/24 UNIFORM SERVICES PARKS 280.72
522018757 7/22/24 UNIFORM SERVICES WATER 67.20
7/29/24 UNIFORM SERVICE WTR/WTR CONSERVATION 67.20
522061590 7/29/24 UNIFORM SERVICE STREETS 45.78
4 CASES OF DISPOSIBLE SAFETY GLOVES 354.99
522061574 7/29/24 UNIFORM SERVICES WASTEWATER 54.64
522068703
522061591
522061566
TOILET REBATE @ 2429 DOUGLAS DR 75.00
Total: 75.00
130661 08/07/24 1001 MICHELLE ARNOLD-BROWNLEE 174290120-121764

65.03 130660 08/07/24 2540 KACHEL, GUY ROBERT AUG-24 - KACHEL AUGUST 24 PLANNING COMMISSIONER COMPENSATION 80.00 Total: 80.00
Total: 80.00
130659 08/07/24 2539 K & D ENTERPRISES INC. KD-32178 FILL DIRT FOR WELL #22 HYDRANT REMOVED 65.03 Total:
130658 08/07/24 2510 JOHNSON, DAVID J. AUG-24 - JOHNSON AUGUST 2024 PLANNING COMMISSIONER COMPENSATION 80.00 8/14/2024 1:17:28 PM
ITEM 6
Date
Voucher List
City of Ceres
8/14/2024 1:17:28 PM
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount AUGUST 2024 PLANNING COMMISSION COMPENSATION 80.00
Total: 80.00
130669 08/07/24 5656 OTERO, CERINA M. AUG-24 OTERO
TONER 213.40
Total: 213.40
130668 08/07/24 5583 ODP BUSINESS SOLUTIONS, LLC 370861312001 BINDERS & COPY PAPER 69.96
Total: 865.94
130667 08/07/24 5583 ODP BUSINESS SOLUTIONS, LLC 373294898001 TONER, CALCULATOR RIBBON, ERASER, STAMP 356.41 373342316001 TONER, ENTERED STAMP 439.57
375980058001
A/C CONTROL FOR POLICE UNIT 10-112-21 35.40
4452-408548 MOTOR OIL FOR STOCK 119.20
BRAKE DISC. PADS POLICE VEH. 318.94
4452-407373 STREET SWEEPER TRACTOR BATTERIES 361.03
130666 08/07/24 3102 O'REILLY AUTO PARTS 4452-408455
4452-407125
Total: 834.57
CONDENSOR CLEANER & OIL CLEANER FOR BACKHOE 108.40
Total: 108.40
130665 08/07/24 5392 NVB EQUIPMENT INC. HI52308
CL2 WELL #22 1,016.57
Total: 3,223.50
CL2 WELL #41 1,055.68
287459 CL2 FOR WELL #39 &40 1,151.25
130664 08/07/24 3062 NORTHSTAR CHEMICAL 287091
287464
8/14/2024 1:17:28 PM
ITEM 6
Date
Voucher List
City of Ceres
8/14/2024 1:17:28 PM
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 1,841.36Total:

Total: 155,990.16
130676 08/07/24 3495 SAFE T LITE OF MODESTO INC 398990 26 SPECIAL K-MARKERS 1,085.16 399126 TRAFFIC CONTROL SIGN AND FRAMES 756.20
22200321 2023 ELECTRIC BUCKET TRUCK 58,944.79
1214-00766 22200322 2023 ELECTRIC BUCKET TRUCK PARTIAL 97,045.37 130675 08/07/24 3480 RUSH TRUCK CENTERS OF
CALIFORNIA, INC.
1214-00766 PARTIAL
Total: 899.00
130674 08/07/24 1004 JASMIN GILL 75732576 148.73
130673 08/07/24 3341 RAYCO INDUSTRIAL SUPPLY INC 1541325 PLAYGROUND REPAIR AT DON PEDRO PARK 203.28 Total: 203.28
130672
130671 08/07/24 3285 PVP COMMUNICATIONS, INC 135133 REPLACE SWITCHES FOR P.V.P ON POLICE HARLEY 191.23 130670 08/07/24 3265
GILL P7986 6/18/24 RFND CC LRG RM 899.00
Total: 191.23
08/07/24 3324 RANDIK PAPER CO. 231660 CUSTODIAL SUPPLIES 148.73 Total:

Total: 2,041.06
186.82
HEAD LIGHT REPAIR ON POLICE UNIT 10-106-21 1,354.69
36106 ELECTRIC WINDOW MOTOR POLICE UNIT 10-110 64.58
POWER STEERING PUMP AND BELTS 163.89
36233 WINDOW TRIM MOLDING POLICE VEH. 148.40
ENGINE GUARD FASTENERS/ POLICE UNIT 10-102/10-110 122.68 36067 WINDOW REGULATOR POLICE UNIT 10-110 EXPLORER
PRICE FORD OF TURLOCK, INC. 36334
36142
36074
8/14/2024 1:17:28 PM
ITEM 6
Date
Voucher List
City of Ceres
8/14/2024 1:17:28 PM
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount JULY DENTAL CLAIMS 1,119.00
53364 JULY 2024 DENTAL ADMIN FEE 845.25
JULY 2024 DENTAL CLAIMS 1,357.70
53303 JULY 2024 DENTAL CLAIMS 1,606.60
AUGUST 2024 DENTAL CLAIMS 4,669.10
53283 JULY 2024 DENTAL CLAIMS 8,468.46
130684 08/07/24 3760 STANISLAUS FOUNDATION DENTAL

CARE TRUST ACCOUNT
53388
53321
53341
Total: 18,066.11
BOOTS FOR J.CARILLO 97.52
Total: 97.52
130683 08/07/24 3759 STANISLAUS FARM SUPPLY INC 101218648 SR911 RADIO MAINTENANCE 2023-24 TRUE-UP 900.00
Total: 900.00
130682 08/07/24 3753 STANISLAUS COUNTY SHERIFF'S
DEPT
7163
COUNTY STREETLIGHT UPDATES WITH TID 966.20
Total: 966.20
130681 08/07/24 3743 STANISLAUS COUNTY 3615
AUGUST 2024 BASIC/VOLUNTARY LIFE INSURANCE 2,983.25
Total: 2,983.25
130680 08/07/24 3736 STANDARD INSURANCE AUG 24 LIFE INS JULY 24 SCADA SYSTEM INTEGRATION RESO22-05/2 10,120.00
Total: 10,120.00
130679 08/07/24 2483 SNS AUTOMATION 7 2024-2
DECAL/EMBLEM REMOVAL TOOL 476.67
Total: 476.67
130678 08/07/24 5143 SNAP-ON INCORPORATED 201166557
130677 08/07/24 3612 SHARPENING SHOP/SHARP AUTO 425139 2 HEDGE TRIMMERS 1,346.93 Total: 1,346.93
8/14/2024 1:17:28 PM
ITEM 6
Date
Voucher List
City of Ceres
8/14/2024 1:17:28 PM
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 22400090 JUL 24 WESTPOINTE SANITARY SSLS REHAB RESO23-98 114,610.37 Total: 114,610.37
130693 08/07/24 3926 UNITED PAVEMENT MAINTENANCE,
INC
PP#1 - 11868
675.00
130692 08/07/24 3922 UNDERGROUND SERVICE ALERT OF

NORTHERN CA
112660USB24 7/1/24-6/30/25 CA STATE REGULATORY SFTY BOARD FEE 921.42 Total: 921.42
Total: 8,498.02
130691 08/07/24 3870 TOP DOG POLICE K9 TRAINING AND

CONSULTING, LLC
24-07 JULY 2024 - K9 TRAINING 675.00
Total:

Total: 1,065.97
130690 08/07/24 5676 TL ENGINEERING 1495 22400061 JUN 24 BIKE LANE CORRIDORS CLASS II CML-5241(074) 8,498.02 STREET SWEEPER DEALER DIAGNOSRIC EMISSIONS 453.75
1255664 STREET SWEEPER DIAGNOSTIC JOHN DEER DEALER 612.22 130689 08/07/24 3846 THE PAPE GROUP INC 1255660
LEGAL AD: CC#6-15 NOTICE OF INTENT 23-34 VTSM 120.00
Total: 120.00
130688 08/07/24 3842 THE CERES COURIER INC. 373105
189,661.54
130687 08/07/24 3820 TARGET SPECIALTY PRODUCTS INC INVP501556992 WEED ABATEMENT 1,571.44 Total: 1,571.44
Total: 20,597.50
130686 08/07/24 5782 STOCKBRIDGE GENERAL

CONTRACTING, INC
APP NO.5 REVISED 22400079 JUN 24 OCHOA PARK IMPROV PH II CONST SVCS FY23/24 189,661.54 Total:
130685 08/07/24 5682 STANTEC CONSULTING SERVICES
INC.
2260969 22400046 JUN 24 - 2023 SEWER MASTER PLAN RESO23-124 FY23/24 20,597.50 8/14/2024 1:17:28 PM
ITEM 6
Date
Voucher List
City of Ceres
8/14/2024 1:17:28 PM
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount

78.05 130701 08/14/24 1039 ADTECH INC 383092 AUG 24 SCADA SERVER MONTHLY MONITORING 100.00 Total: 100.00
209 MULTIMEDIA CORPORATION FY2025 7/29/24-7/29/25 ANNUAL SUBSCRIPTION 52.00 130698 08/14/24 5480 1ST SECURITY & SOUND, INC 0243313
0243304
Total: 52.00
130700 08/14/24 1011 A & B TRUCK PARTS 188765 AIR DRYER CARTRIDGE FILTER FOR STREET SWEEPER 78.05 Total:

Total: 199.80
130699 08/14/24 5839
LOCK OUT KIT FOR FACILITIES 76.02
S2208535.001 ELECTRICAL WIRE/ FITTINGS FOR LIFT STATION PANEL 348.88 MONITORING SERVICE FOR CITY HALL AND ANNEX 49.95
0243311 ALARM SERVICE FOR COMMUNITY CENTER 49.95
ALARM SERVICE FOR RIVERBLUFF PARK 49.95
0243312 ALARM SERVICE FOR PUBLIC WORKS YARD 49.95
130697 08/07/24 4111 WILLE ELECTRIC SUPPLY, INC. S2208624.001 S2209102.001
MAY2024 SEWER LEGAL SERVICES 756.70
Total: 756.70
130696 08/07/24 1627 WHITE BRENNER LLP 50308
ANTENNE FITTINGS, MARKERS, CLEANING WIPES 75.27
Total: 500.17
22500004 COUNCIL AV UPGRADES AUGUST 2024 28,788.82
Total: 28,788.82
130695 08/07/24 5778 VIP AUDIO VISUAL COMPANY INC 2197
TIRE MOUNT FOR DUMP TRUCK 55.00
Total: 55.00
130694 08/07/24 3966 VALLEY TIRE SALES, INC. 108040
8/14/2024 1:17:28 PM
ITEM 6
Date
Voucher List
City of Ceres
8/14/2024 1:17:28 PM
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 130707 08/14/24 1289 BEAR ELECTRICAL SOLUTIONS, INC 23601 SUTA SERVICES FOR TAX QUARTER ENDING 3/31/24 475.19
INV06-019325 BUSINESS LICENSE ADMIN (98) 1,039.78
MITCHELL/FOWLER TRAFFICE SIGNAL CABINET KNOCK DOWN 4,888.75 Total: 4,888.75
130706 08/14/24 1199 AVENU MUNISERVICES INV06-019206
INV06-019240
06/24-07/23/24 MODEMS FOR PD/FIRE VEHICLES 87.57
Total: 87.57
130705 08/14/24 1187 AT&T MOBILITY 992499580X08012024
STARS SERVICE FOR 1ST QUARTER 2024 DATA 779.60
Total: 2,294.57
DECAL REMOVAL FOR FLEET 30.88
Total: 30.88
130704 08/14/24 5391 AMAZON CAPITAL SERVICES, INC. 1Q9R-JLKF-LMXQ 3 MONTH SERVICE MONITORING 240.00
Total: 1,010.00
130703 08/14/24 1098 AL'S CERTIFIED SAFE & LOCK
268954
3 MONTH SERVICE MONITORING 240.00
268955 3 MONTH SERVICE MONITORING 99.00
3 MONTH SERVICE MONITORING 81.75
268957 3 MONTH SERVICE MONITORING 121.25
3 MONTH SERVICE MONITORING 114.00
268952 3 MONTH SERVICE MONITORING 114.00
268953
268918
268956
130702 08/14/24 1068 AIRGAS USA, LLC 9152090381 A BIT DRILL/ TOOLS 153.99 Total: 153.99
8/14/2024 1:17:28 PM
ITEM 6
Date
Voucher List
City of Ceres
8/14/2024 1:17:28 PM
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount UNEMPLOYMENT INSURANCE 932-0418-8 10,187.00
Total: 10,187.00
130716 08/14/24 1930 EMPLOYMENT DEVELOPMENT DEPT QE 06302024 UI REPAIR TO CONVAULT FS 1 433.89
Total: 433.89
130715 08/14/24 1877 DONLEE PUMP COMPANY INC. 111748
153.90
130714 08/14/24 1730 CRAWFORD & ASSOCIATES, INC. 41058 22400050 MAY 24 SMYRNA PARK IMPRVMNTS GEOTECH SVCS FY24 3,545.03 Total: 3,545.03
Total: 640.00
130713 08/14/24 1723 CR RANCH, INC. 69888 BOARDING FOR K9 BANNER 153.90 Total:

Total: 663,780.46
130712 08/14/24 1649 CLARK PEST CONTROL, INC, 35648727 MIDGE ABATEMENT 640.00 Total: 955.00
130711 08/14/24 1643 CITY OF MODESTO AUG 24 AUG 24 FIRE PROTECTION PREVENTION 663,780.46 247.64
130710 08/14/24 1491 CAR WASH PARTNERS, INC. 225506 CAR WASHES FOR P.W. (100) ACCT. 12605 560.00 225320 CAR WASHES FOR P.D (64) ACCT. 12794 395.00
Total:

Total: 6,154.86
130709 08/14/24 1462 CALIFORNIA LANDSCAPE SUPPLY,
INC.
93178 WOOD CHIPS FOR CITY HALL 82.91
92911 TOP SOIL FOR LEAK REPAIR AT HACKETT RD. 164.73
SERVICE TO PD CHILLER 5,584.38
0185 HAVC SERVICE CCC 570.48
130708 08/14/24 5826 PARDY BOUNTHAVONG 0184
8/14/2024 1:17:28 PM
ITEM 6
Date
Voucher List
City of Ceres
8/14/2024 1:17:28 PM
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount AUG 24 WATER SAMPLE ANALYSIS W39 & 40 35.00
Total: 35.00
130724 08/14/24 2419 IEH-JL ANALYTICAL SERV INC. 645943 EVAP COOLER REPLACEMENT 6,988.00
Total: 6,988.00
130723 08/14/24 2411 I.C. REFRIGERATION SERVICE, INC. 2025659-IN 8/1- 15/24 FUEL FOR PD ACCT. 76081 7,547.99
Total: 7,547.99
130722 08/14/24 5816 HUNT & SONS LLC 214833
Total: 234.90
130721 08/14/24 2399 HUGHSON FARM SUPPLY H500500 (8) CHAINSAW CHAINS 189.60 H500523 2 GALLON WATER JUG 45.30
Total: 11,801.60
130720 08/14/24 5740 GERARDO HERNANDEZ IN00116 8/6/24 NATIONAL NIGHT OUT EVENT JUMPER 300.00 130719 08/14/24 2134 GEOANALYTICAL LABORATORIES
1,258.95
JULY 24 WATER SAMPLE ANALYSIS TTHM & HAAS 4,286.50
K4G2206 JULY 24 WATER SAMPLE ANALYSIS DIST 13 696.15
JUNE 24 WATER SAMPLE ANALYSIS DIST TTHM/ HAA5 4,300.50
K4H0114 AUG 24 MONTHLY LAB ANALYSIS 115.00
Total: 300.00
K4F2609
K4G0206
K4G1810
K4F2414 JUNE 24 WATER SAMPLE ANALYSIS WQP
SERVICE CALL FOR RIVER BLUFF PARK ENTRY GATE 540.00
Total: 540.00
130718 08/14/24 2127 GATE-OR-DOOR INC. 132413
JULY 24 WATER SAMPLE ANALYSIS WQP 1,144.50
6/29-7/26/24 PRE-EMPLOYMENT CREDIT CHECKS 25.00
Total: 25.00
130717 08/14/24 1961 EXPERIAN 65599
8/14/2024 1:17:28 PM
ITEM 6
Date
Voucher List
City of Ceres
8/14/2024 1:17:28 PM
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount Total: 14,666.75
5/26-6/29/24 CIVIL PLAN REVIEW 230.50
1240702351 22400048 5/26-6/29/24 WHITMORE AVE REHAB PROJ STPL(075)FY24 14,436.25 130731 08/14/24 3088 O'DELL ENGINEERING 1240700948
MAY 24 - SR99/MITCHELL RD/SVC RD INTERCHANGE 81,813.75
Total: 81,813.75
130730 08/14/24 3070 NV5, INC. 395053
EXAUST,TIRE PATCH,PADS,FILTERS,AIR FILTER,SENSORS 2,625.67 Total: 2,625.67
130729 08/14/24 2990 MOTOR PARTS DISTRIBUTORS INC STMNT7/26/24 7/22/24 UNIFORM SERVICE FACILITIES 35.46
Total: 485.44
7/29/24 UNIFORM SERVICE FACILITIES 80.46
522105446 8/5/24 UNIFORM SERVICE WATER 67.20
8/5/24 MATS FOR PW ADMIN BUILDING 10.00
522105443 8/5/24 UNIFORM SERVICE FACILITIES 115.06
8/5/24 UNIFORM SERVICES STREETS 45.78
522105444 8/5/24 UNIFORM SERVICE FLEET 28.92
8/05/24 UNIFORM SERVICE WASTEWATER 61.84
522105421 8/5/24 UNIFORM SERVICE PARKS 40.72
130728 08/14/24 5362 MISSION LINEN SUPPLY 522105428
522105445
522105442
522061588
522018754
NUTS AND SCREWS STOCK 248.94
Total: 248.94
130727 08/14/24 2587 MIDWEST MOTOR SUPPLY CO. INC. 102456382

2ND HALF OF PSYCH - NEW HIRE DIAZ 325.00
Total: 325.00
130726 08/14/24 2501 JOCELYN E. ROLAND, PH.D., ABPP 23139 7/26-8/8/24 GET FIT/ZUMBA GOLD/AQUAFIT CLASSES 494.00
Total: 494.00
130725 08/14/24 5272 JANA KIRCHERT 101
8/14/2024 1:17:28 PM
ITEM 6
Date
Voucher List
City of Ceres
8/14/2024 1:17:28 PM
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 867.00
130739 08/14/24 3737 STANISLAUS ANIMAL SERVICES
AGENCY
RA24566057/RA2456605 22500003 OPERATIONAL COSTS AND DEBT SERVICE 172,835.26 Total: 172,835.26
Total:

Total: 2,424.40
130738 08/14/24 3677 SJVAPCD N163807 GENERATOR PERMIT WELL 39& 40 FACILITY ID N8824 577.00 N163813 GENERATOR PERMIT TO OPERATE WELL#41 FACIL ID N8878 290.00 TEMP SVCS SECRETARY WE 7/28/24 (R.JOHNSON) 1,276.00
40989 TEMP SVCS SECRETARY WE 8/4/24 (R.JOHNSON) 1,148.40 130737 08/14/24 5823 SABLE CAPITAL FWTX, LLC 40925
URINAL DRAIN TABLETS 61.17
Total: 61.17
130736 08/14/24 5271 ROTOCO, LLC 970909127
JULY 24 ACCIDENT/ILLNESS/HOSPITAL PREMS #0073144-7 1,804.53 Total: 1,804.53
130735 08/14/24 5675 RELIASTAR LIFE INSURANCE

COMPANY
12A6432486
2,707.93
Total: 10,903.91
600.00
130734 08/14/24 5615 RECOLOGY BLOSSOM VALLEY

ORGANICS
00225010/RI COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ 141.10 00224992/RI COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ 8,054.88 00224980/RI COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ Total: 466.68
130733 08/14/24 1004 ANGIE HERNANDEZ ANGIE HERNANDEZ RFND LIFEGUARD CERT- S.HERNANDEZ/ P.HERNANDEZ 600.00 Total:
130732 08/14/24 3102 O'REILLY AUTO PARTS 4452-409469 BATTERY FOR POLICE AND OIL FOR STOCK 466.68 8/14/2024 1:17:28 PM
ITEM 6
Date
Voucher List
City of Ceres
8/14/2024 1:17:28 PM
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 3,433,147.19123 Vouchers in this report Total vouchers:

JUL 24 PHONE SVCS 5,928.16
Total: 5,928.16
130746 08/14/24 5291 T-MOBILE USA, INC 987694971 JUL24
FLAT TIRE REPAIR/ FIRESTONE TUBE AND TIRE 86.33
Total: 86.33
130745 08/14/24 3966 VALLEY TIRE SALES, INC. 108201
JUL 12 2024 ADDTL IMP 1,304.00
Total: 1,304.00
130744 08/14/24 3915 TYLER TECHNOLOGIES, INC. 045-476748 7/15-31/24 GRAFFITI ABATEMENT - CODE & PARKS 1,700.00
Total: 1,700.00
130743 08/14/24 3898 TROY E. SLAYBAUGH 1116
BELTS AND SCREWS FOR P.W BACKHOE 100.83
Total: 100.83
130742 08/14/24 3846 THE PAPE GROUP INC 15521966
FOUR AREA DUMPS OF CELLPHONE - INVESTIGATIONS 200.00
Total: 200.00
130741 08/14/24 5291 T-MOBILE USA, INC 9575238190
AUGUST 2024 DENTAL CLAIMS 2,438.00
Total: 2,438.00
130740 08/14/24 3760 STANISLAUS FOUNDATION DENTAL

CARE TRUST ACCOUNT
53405
8/14/2024 1:17:28 PM
ITEM 6

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: August 26, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Sam Royal, Public Works Director
[email protected], (209) 538-5717
SUBJECT: Public Works Monthly Report for July 2024
RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BACKGROUND:

Outlined below are the significant actions performed by the Public Works Department for the month of July 2024.

FACILITY SERVICES:
• Completed 154 Facilities Maintenance work orders including: 120 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs, and 34 preventive maintenance services.
• Assisted Recreation with event set -up and support for the Concerts in the Park series at Whitmore PK Gazebo. July dates were 7/2, 7/9, 7/16, 7/23/24 and 7/30/24 • Assisted Valley Air with the removal of old AC units and the installation of two energy efficient 5-ton AC units for City Hall.
• Assisted 1st Security with transfer to the new alarm system for City Hall, Annex, Ceres Community Center and Public Works Corporation Yard. Al’s Certified was the previous vendor.
• Continued clean-up of homeless camps/debris at Independence Park and Roeding Park with the assistance of Code Enforcement.

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

ITEM 7
FLEET SERVICES:

Completed 111 work orders.

Fleet, Department 20
• Completed 4 dealer warranties
• Six equipment field repairs completed
• Water pump/thermostat replaced on large dump truck
• Received in new electric, EV, van/aerial bucket truck Fire, Department 15
• Service on West Port Fire Dist. Pierce Fire Engine
Police, Department 10
• Replace water pump patrol explorer
• Replace window regulator patrol explorer
• Replace ac compressor patrol explorer
• Transmission torque converter replaced on patrol explorer Streets, Department 30
• Three field repairs for tractor/loader tires
Water, Department 35
• n/a
Parks, Department 40
• Serviced Parks small equip. annual
Wastewater, Department 25
• Fleet found and repaired shorted wiring on large crane truck Facilities, Department 41
• n/a
Emergency and non-emergency City vehicles and equipment is maintained and repaired by one (1) Supervisor, one (1) Sr. Maintenance Mechanic, and two (2) Maintenance Mechanics.

LANDSCAPE MAINTENANCE:

Completed a total of 362 service requests in the following categories:
• Bike Path Repairs: 1
• City Grounds Maintenance: 18
• Park Landscape and Maintenance: 215
• Parks Landscape chemical usage: 20 gallons Parks / Grounds ITEM 7
• Playground and Equipment Repairs; Several playgrounds parts that were ordered with 120-day lead time for delivery, repair work will follow pending delivery. • Playground and Equipment Inspections: 13
• Right of Way (ROW) Irrigation Repairs: 24 sprinklers • Park Trees: 24 Trimmed
• Tree Customer Requests (Tree or Limb Down, Trims or Removals): 67 Parks sprinklers repaired or replaced:

All wells were serviced, and turbo flush screens cleaned. • Barry Grove – 8 maintenance
• Costa Fields – 1 valve 3 sprinklers maintenance
• Don Pedro – 8 vandalisms
• Independence – 14 vandalisms
• Dog Park – 3 maintenance
• Neel Park – 2 maintenance
• Persephone – 2 maintenances
• Redwood – 6 maintenance
• River Bluff – 17 maintenances
• Riverview – 2 maintenances
• Roeding Heights – 47 vandalisms/maintenance
• Sam Ryno – 2 maintenance
• Smyrna – 12 sprinklers maintenance
• Strawberry – 4 maintenances
• Whitmore – 1 maintenance
Parks General Maintenance/Repairs:
• Graffiti removal at Sam Ryno (1), Strawberry (2), River Bluff (4), Roeding (3), Ochoa (1) Persephone (3), Smyrna (4), Don Pedro (5) Riverview (1) and Independence Park (4)
• Removed tree on Magnolia Street in front of City Hall. Stump to be ground in future Grid Prune by West Coast Arborists (WCA):
• Grid # 3 2020-2021 100% - Completed with 2,343 trees pruned. • Grid # 4 2021-2022 99% - Completed with 2,450 trees pruned. • Grid # 2 2022-2023 Started in July 2023 99% completed. • Grid # 1 2023-2024 Started in October 2023 97% completed. • Grid #5 2024-2025 Started February 2024 40% completed with 32 trees trimmed. • Pending: 247 high risk, 28 removals, and 96 inspect for trims • No updates for July (Grid prune funding request for FY 24/25 was eliminated) • All trees being done by Parks crews during hours
Grounds
Rights of Way (ROWs):
• Irrigation controller on Railroad ROW destroyed due vandalism.

ITEM 7
• Faith Home Rd: pending water staff to schedule backflow install. • River Road: backflow replacement scheduled with water. Currently water is shut off at River and Canyon Falls.
• Repaired Controller at San Pedro row tripped from power loss • Repaired irrigation at Fire Training center on Service, controller to be replaced, Two leaks under trees needs to be fixed
• Roundabout at Pine Street repaired controller and separation valve • Whitmore Mansion / Museum working on irrigation
• Mowed and sprayed.

City Hall
• Trimmed and weeded all of City Hall, Fire and Library area. Sprayed all weeds.

Red wood chips will be added soon.

Parks
Don Pedro:
• Parts for playground installed climber ropes
Sam Ryno:
• Parts for Spinning chair and Rocking cycle were delivered and in process of assembly to install.
• Fire in playground area due to fireworks extinguished by park crew •
Smyrna Park:
• Repaired fence to Park yard due to vandalism.
• Started installation of water fountain at skate park
Costa Fields
• Replaced 1 valve infield area 3 sprinklers
Roeding Park:
• Repaired gate to well due to vandalism. Flushed well full of sand added fan for overheating
• Neel Park: reset irrigation for dry spot, overwatering second time at night • Independence Park: Repaired fence vandalized/ removed glass left in park 6 times.

Independence
• Repaired well from vandalism, replaced pressure transducer • Fixed fence from vandalism
Riverview Park:
• Playground 2-5 climbing ladders damaged due to vandalism; parts were ordered for replacement.

ITEM 7
River Bluff Park:
• Playground area - replaced 3 sprinklers due to vandalism. • Removed damaged entrance fence due to vandalism.
• Adjusted all fields to different ware patterns.
• 8 trees down and large limbs were cleaned up.
• Disked lower and retention pond areas
Guillermo Ochoa Park:
• Contractor ongoing with park improvements.
• Well, being is put on Scada through city, all mechanical components installed 4 in flow sensor Tested on SCADA all ran with 600lb pressure Need all tree admitters in place to finish SCADA set for 8/8/24
Lions Park:
• Disked and weeded first of month.

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

Parks Maintenance Worker, Five (5) Park Maintenance Workers, and none (0) full -time Temporary Maintenance Worker.

SOLID WASTE & RECYCLING:

• Highlights of solid waste and recycling collection by Bertolotti for July 2024

▪ Residential…………………….… 1247.65 tons
▪ Commercial………………………. 1779.84 tons
▪ Illegal dump/litter abate (code enforcement) 33.74 tons ▪ Illegal dump (Bertolotti) ………. 3.19 tons, 12 locations ▪ Bulky items…………………….… 59.9 tons, 124 locations
▪ Leaf/limb (illegal)...…………….… 7.33 tons
▪ Street Sweep………………….… 79.85 tons
▪ Residential Organics…………… 437.80 tons
▪ Commercial Organics…………. 204.60 tons
▪ Residential Recycle………….… 196.44 tons
▪ Commercial Recycle …………… 4.32 tons
▪ C&D (Construction/Demolition Debris) 0 tons ▪ Used oil…………………………… 420 gallons
▪ Used oil filter……………...……… 72

• There were 3 residential cart storage violations issued in July. • There were 90 organic cart contamination violations issued in July. • There were 22 illegal disposal/leaf & limb violations issued in July.

Solid Waste Division work is performed by one (1) Administrative Analyst.

STREETS SERVICES:
• Staff responded to a total of 46 customer service requests.

ITEM 7
• Responded to 242 Underground Service Alerts (USA) markings. • Repaired 14 streetlights.
• Cleaned 16 storm drain ponds.
• 32 Storm drain ponds sprayed with herbicide
• Made 2 storm drain confined space entries
• Removed 9 concert in the park signs.
• Two excavations for the water division
• Cleaned Lyons Park site
• Cleaned private property, Whitmore at Central
• Cleaned private property, Whitmore at Central Way
• Attended Duall equipment safety training
City Streets Division maintenance is performed by one (1) Supervisor, two (2) Sr.

Maintenance Workers, (5) Streets Maintenance Operators, one (1) Street Sweeper Operator (1) part time Streets/Code Enforcement Maintenance workers.

WASTEWATER (WWTP):
• Responded to 4 customer service requests and 29 sewer problems, during working hours and after hours.
• Staff responded to 2 Smart Cover alerts & alarms that prevented Sanitary Sewer Overflows (SSO’s).
• There were (0) SSO’s in July which resulted in (0) gallons spilled and recovered. • Serviced or Repaired:
o Lift Stations – 12
o WWTP Equipment – 19
o Main line sewer plugs – 0
o Aerators – 1
• Staff performed weekly landscape maintenance, weed abatement, and levee erosion control.
• Staff performed pond discing and ripping for weed abatement and pond rehabilitation.
• Staff inspected the forced main to Turlock.
• Staff cleaned 37,904 feet of sewer main line.
• Staff CCTV inspected 0 feet of sewer main line.
• Staff continues the process of updating the Wastewater Discharge Report (WDR), Sewer Master Plan (SMP), and Sanitary Sewer Management Plan (SSMP). • SCADA Integrator, Jeff Burrows, and Wastewater Staff continued converting lift station and treatment plant controls to the new SCADA system. • Staff continued to work on SCADA integration of WWTP and lift stations. • Staff attended training on heavy equipment safety and operation. • CIP project to rehabilitate and repair Westpoint lift station began. Wastewater staff assisted the contractor as needed. Bypass pumping was installed. The old equipment was removed and replaced with new equipment. The lift station was lined with epoxy to p revent future deterioration. The access hatch was replaced.

Wastewater staff removed the old controls and communications equipment, and ITEM 7
installed a new control panel and antenna to integrate the lift station controls and alarms into the new SCADA System.
• The former Wastewater SCADA System has been fully integrated into the new Wastewater SCADA System. The former SCADA System has been abandoned. • July 29th & 30th Wastewater staff assisted the Water Department and contractors to locate a water main leak on Whitmore Ave west of Central Ave. • Staff checked & marked 282 USA tickets, which took 40 hours; preventing contractors from damaging City sewer lines.
• Turlock sewer use charge was $81,544.42 for the month of May & $81,671.47 for the month of June.
• Modesto sewer use charge for the month of May was $142,375.92, June invoice has not been received.
• Effluent Biochemical Oxygen Demand (BOD) 116 mg/L.
• The wastewater treatment plant treated and disposed of 72.24MG (Million Gallons) of wastewater with an average of 2.33 MGD (Million Gallons per Day).

Ceres Wastewater Treatment Plant and Collections System operations and maintenance are performed by one (1) Supervisor, two (2) Sr. Wastewater Operators, two (2) Operator II, three (3) Operator-in-Training.

There are two (2) unfilled Wastewater Operator positions.

WATER SYSTEM MAINTENANCE:

Water, Department 35
• July 2024 well production was 126.041 million gallons. • Average water use for July was 4.07 million gallons per day. • Water staff responded to 24 customer service requests. • Water staff responded to 82 Underground Service Alerts (USA) markings. • Meter statistics and repairs:
o Meters in water distribution system: 11,874
o Meters/radios serviced: 108
o Meters replaced: 58
o Meters upgraded from ¾”, 5/8” to 1”: 5
o New meter installations: 0
o Meters tested for accuracy: 0
• Total valves in water distribution system: 4,402 of which 149 were exercised • Blow-offs and hydrants flushed: 88
• Water main leaks: 0
• Service line leaks: 5
• Service lines have been replaced: 0
• Hydrants replaced: 0
• Water quality samples taken: 97
Water Conservation, Department 36
• July 2024 calculated residential gallons used per person per day: 97.59 ITEM 7
• Annual average is 67.22 gallons per person per day.
• Responded to 20 water conservation service requests.
• Water portal has 343 residents registered.
• Issued courtesy notifications: 224
• Performed 1 water audit.
• Delivered 74 water waste warnings and issued 1 water waste fines. Excess consumption fines data was not available from Finance as of the due date of this report.
• Rebates Issued: Dishwasher: 0, Smart Irrigation: 0, ULF Toilets: 1, Washing Machine: 1, and Turf Replacements: 1
Total Rebates YTD: 58
The graph below shows our (well) production numbers for 2020 in blue compared to 2024 (well and surface water production) in purple with the water reduction target of 15% in red. For July 2024, we had an increase of 14.48% from the July 2020 production numbers.

Water system maintenance is performed by one (1) Superintendent, one (1) Supervisor, one (1) Administrative Analyst, two (2) Senior Water Operators, nine (9) Water Distribution Operators, two (2) Field Service Technicians, and one (1) Water Conservation Officer.

Approved by: ____________________
Douglas D. Dunford,
City Manager

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 26, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Chris Perry, Police Chief
[email protected], (209) 538-5743
Shannon Esenwein, Director of Finance
[email protected], (209) 538-5764
Lea Simvoulakis, Director of Community Development
[email protected], (209) 538-5778
SUBJECT:

Resolution No. 202 4-XXX, Approving a Three-Year Agreement Amendment with Core Logic Solutions for Access to Aerial Street and Parcel Maps and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council authorize the City Manager to sign a three-year agreement amendment with Core Logic for access to aerial street and parcel maps.

I. BACKGROUND:

Staff has been using Core Logic software since early 202 0 that allows Staff in Code Enforcement, Finance and Community Development to access aerial street and parcel maps during the course of their work.

In 2022, Core Logic’s software changed from MetroScan to RealQuest. At the time of the change, Core Logic and the City of Ceres signed a new agreement. In 2023, Core Logic and the City of Ceres signed a one-year Agreement Amendment.

II. REASONS FOR RECOMMENDATION:

Staff spoke with Core Logic and both parties agreed that signing a three-year Agreement Amendment is more time effective than signing an amendment every year. This also locks in the prices the City will pay for three (3) years.

ITEM 8
III. FISCAL IMPACTS:

The funding to pay the monthly charge is budgeted annually in the following accounts:
• Code Enforcement: 10013.029900
• Finance: 10073.029900, 52773.029900 & 56773.029900.
• Comm. Dev.: 10075.029900, 52775.029900 & 56775.029900.

The average monthly amount that is billed to the City by Core Logic is $475.68. This amount is split between the accounts listed above and is based on the usage by each department. The percentage split changes each month.

IV. EXISTING 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. POLICY ALTERNATIVES:

Council could choose to not renew this service agreement. Staff would need to find an alternate source for accessing aerial street and parcel maps or function without this needed software.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Following Council approval, the Agreement Amendment will be routed through the City Clerk’s office for the appropriate signatures.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Agreement Amendment

3. Attachment C – Sole Source Letter
ITEM 8

ATTACHMENT A

RESOLUTION NO. 2024-XXX

APPROVING A THREE-YEAR AGREEMENT AMENDMENT WITH CORE LOGIC

SOLUTIONS FOR ACCESS TO AERIAL STREET AND PARCEL MAPS AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, Code Enforcement, Community Development and Finance all have the need to have access to aerial street and parcel maps in the course of their work ; and

WHEREAS, the City has had an agreement with Core Logic Solutions since 2020 to provide this needed software; and

WHEREAS, the City has previously signed one- year agreement amendments and now seeks to sign a three-year agreement amendment; and

WHEREAS, the cost for the software program, RealQuest, has been included in the FY 2024-25 budgets for Code Enforcement, Community Development and Finance ; and

WHEREAS, the monthly cost is split between Code Enforcement, Community Development and Finance based on each department’s usage the previous month.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres hereby approve a three-year agreement amendment with Core Logic Solutions for access to aerial street and parcel maps and authorizes the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26
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
00079003.3 Executable JEC 8.6.24 Page 1 of 3 Confidential 2010-00104567.0-T 7242023-2
AMENDMENT 2 TO

STATEMENT OF WORK

FOR RISK ANALYSIS SERVICES
This Amendment 2 to Statement of Work for Risk Analysis Services (“Amendment 2 to SOW ”) is between CoreLogic Solutions, LLC (“CoreLogic”) and City of Ceres (“Customer”) (collectively, the “Parties,” or individually, a “Party”) and serves to amend the Statement of Work SR000459677101 for Risk Analysis Services dated August 1, 2022 , pursuant to the Master Services Agreement dated April 14, 2022 and the Licensing Addendum dated April 14, 2022 between Customer and CoreLogic (the “Licensing Addendum”), and all subsequent amendments, exhibits, or attachments (“Agreement” ). This Amendment 2 to SOW is effective as of September 21, 2024 (“Amendment 2 to SOW Effective Date”).

The Parties agree as follows:

1. Part IV (SOW Term and Renewal) of SOW is deleted in its entirety and replaced with the following:

IV. SOW TERM AND RENEWAL: The initial term of this SOW commenced September 21, 2022 and ended on September
20, 2023 (“Initial Term”). The first renewal term of this SOW commenced on September 21, 2023 and shall end on September 20, 2024 (“First Renewal Term”). The second renewal term of this SOW shall commence on September 21, 2024 and shall end on September 20, 2027 (“Second Renewal Term”). Thereafter, the term shall not renew unless mutually agreed upon by the Parties in writing.

2. First Revised Fee Schedule Exhibit (Risk Analysis – Services, Delivery & Fee Schedule) to SOW is deleted in its entirety and replaced with the attached Second Revised Fee Schedule Exhibit (Risk Analysis – Services, Delivery & Fee Schedule). All references to First Revised Fee Schedule Exhibit (Risk Analysis – Services, Delivery & Fee Schedule) in SOW are deleted in their entirety and replaced with references to Second Revised Fee Schedule Exhibit (Risk Analysis – Services, Delivery & Fee Schedule).

3. Capitalized terms used without definition have the meanings ascribed to them in the Agreement and SOW.

4. All other terms of the Agreement and SOW remain in full effect.

THE PARTIES HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS AND CONDITIONS OF THIS AMENDMENT 2 TO SOW.

CITY OF CERES (“CUSTOMER”)
By: _______________________________________
Authorized Signature
Name: ___________________________________
Title: ___________________________________
Date: _____________________________________
Address: 2720 2nd Street
Ceres, California 95307
CORELOGIC SOLUTIONS, LLC (“CORELOGIC”)
By: ______________________________________
Authorized Signature
Name: ___________________________________
Title: Title: ___________________________________
Date: ___________________________________
Address: 40 Pacifica, Suite 900
Irvine, California 92618

ATTACHMENT B
ITEM 8

00079003.3 Executable JEC 8.6.24 Page 2 of 3 Confidential 2010-00104567.0-T 7242023-2

SECOND REVISED FEE SCHEDULE EXHIBIT

Risk Analysis
Services, Delivery & Fee Schedule

CoreLogic shall deliver the Services to Customer via any of the following delivery platforms, as applicable: (i) CoreLogic’s secure, password -protected Internet site: realquest.com (“RealQuest”); or (ii) RealQuest Self -Service Batch; or (iii) Connect2Data XML as further described in the Connect2Data Requirements above (“C2D XML”); or (iii) CoreBatch; or (iv) the following Third Party Platforms : Ellie Mae’s Encompass (“Encompass”); Calyx Point; CounselorDirect; Mortgage Cadence Portal (“Mortgage Cadence”); DRI Default Portal (“DRI”); Dorado’s Channel Master Portal (“Dorado”); RealEC Portal (“RealEC”); and QuestSoft Compliance EAGLE®.

RQ Business Package -California- $ 373.00 per month
Services Platform Base Fees (per
report/record) SKU#
Number of
Reports/Records
Included per
Month
Overage Price
(per
report/record)
Exhibits /
Additional
Information
Comparable
Sales -
Detailed
RealQuest Included IQ2RWQ 50 $2.21
Custom
Search:

Standard
Property
Detail
RealQuest Included IQ2REQ 50 $0.45
Document
Image
RealQuest $6.83 IQ2IAQ,
IQ2IBQ,
IQ2IFQ,
IQ2IHQ,
IQ2IMQ,
IQ2IRQ,
IQ2ISQ,
IQ2ITQ

N/A N/A
Flood Map RealQuest Included IQ2FMQ 25 $0.89
For Sale
Indicator
RealQuest $0.12 IQ2FSQ N/A N/A
Foreclosure
Activity/Detail
RealQuest $5.78 IQ2FRQ N/A N/A
Foreclosure
Indicator
RealQuest $0.12 IQ2FHQ N/A N/A
Full
Transaction
History
RealQuest Included IQ2TRQ 25 $5.25
Legal And
Vesting
RealQuest $12.84 IQ2RLQ N/A N/A
Listing and
Market
Activity Batch
Data
RealQuest $9.98 IQ2BLQ N/A N/A
Listing and
Market
Activity Batch
Full Report
RealQuest $1.00 IQ2FLQ N/A N/A
Listing And
Market
Activity
Report
RealQuest $11.03 IQ2LMQ N/A N/A
Listing
History Batch
Data
RealQuest $5.99 IQ2BHQ N/A N/A
ITEM 8

00079003.3 Executable JEC 8.6.24 Page 3 of 3 Confidential 2010-00104567.0-T 7242023-2
Listing
History Batch
Full Report
RealQuest $0.63 IQ2FHQ N/A N/A
Market Portal RealQuest $16.00 IQ2DPQ
Neighborhood
Information
RealQuest Included IQ2NIQ 25 $2.50
Parcel
Map/Assessor
Map
RealQuest $1.87 IQ2MSQ,
IQ2MPQ

N/A N/A
Principal Data RealQuest $1.31 IQ2PDQ N/A N/A
Property
Detail
RealQuest Included IQ2RPQ 50 $1.31
Property
Detail Batch
Data
RealQuest $0.71 IQ2BPQ N/A N/A
Property
Detail Batch
Full Report
RealQuest $0.48 IQ2FPQ N/A N/A
Property
Listing
History
RealQuest $6.67 IQ2LHQ N/A N/A
Street Map
Plus
RealQuest Included IQ2SMQ,
IQ2MSQ,
IQ2MVQ
50 $0.37
Voluntary &
Involuntary
Lien Batch
Data
RealQuest $19.95 IQ2BUQ N/A N/A
Voluntary &
Involuntary
Lien Batch
Full Report
RealQuest $2.00 IQ2FUQ N/A N/A
Voluntary and
Involuntary
Lien
RealQuest Included IQ2TLQ 25 $12.50
Voluntary
Lien
RealQuest Included IQ2LNQ 25 $8.50
Custom
Search:

Property
Characteristics
RealQuest Included IQ2ECQ 50 $0.26
Custom
Search:

Expanded
Property
Characteristics
RealQuest Included IQ2EXQ 50 $0.33
Custom
Search:

Mortgage
Information
RealQuest Included IQ2EMQ 50 $0.35
Custom
Search:

Transaction
Information
RealQuest Included IQ2ETQ 50 $0.38
Custom
Search:

Specialty
Fields
RealQuest Included IQ2ESQ 50 $0.13

ITEM 8
ITEM 8

ATTACHMENT C
____
____________________________________________________________________________________________ Memorandum
A
ugust 20, 2024
T
o: City Manager
R
e: Sole Source Letter – Core Logic Solutions
C
ore Logic Solutions is the existing Vendor that provides Aerial Street and Parcel Maps software that is used by Code Enforcement, Community Development, and Finance. Previously, the City was using Core Logic’s MetroScan program. However, effective the end of March 2022, MetroScan became obsolete and was replaced with a new Core Logic program: RealQuest. We signed a one-year amendment to the new contract in 2022 and another amendment in 2023 for the continuation of that contract. This is a three-year amendment for the continuation of the original contract. As such, Core Logic is a Sole Source Provider.
______________________________________________
C
hris Perry
Chief of Police
______________________________________________
S
hannon Esenwein
Finance Director
______________________________________________
L
ea Simvoulakis
Community Development Director

CITY COUNCIL
J
avier Lopez, Mayor
James Casey, Dist. 1 Rosalinda L. Vierra Dist.2
Bret Silveira, Dist. 3 Daniel A. Martinez, Dist. 4 City of Ceres
2220 Magnolia Street
Ceres, CA 95307
209-538-5731
209-538-5780 FAX
ITEM 8
ITEM 8

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: August 26, 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. 2024-XXX, Approving a Three-Year Memorandum of Understanding with Stanislaus County for the County -Wide Commercially Sexually Exploited Children Protocol and
Authorizing the Chief of Police to Execute the Agreement RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council approve a three-year Memorandum of Understanding with Stanislaus County for the County -wide Commercially Sexually Exploited Children Protocol and authorizing the Chief of Police to execute the agreement.

I. BACKGROUND:

In 20
01 Stanislaus County established the Child Abuse and Neglect Investigation Protocol. This protocol was put into place to minimize the trauma to children and to establish agency collaboration while investigating a child abuse/neglect case and providing services to the family. This protocol has expanded to include Commercially Sexually Exploited Children.

Thi
s protocol reflects Stanislaus County’s commitment to treating sexually exploited children who have been exposed to severe violence, threats, and trauma as victims of child abuse and human trafficking, rather than criminalizing them and treating them as delinquents.

Cer
es Police Department has agreed to this protocol since its inception in 2001.

II. REASONS FOR RECOMMENDATION:

Commitment to the protocol for the investigation of child abuse in Stanislaus County ensures county -wide consistency to minimize the trauma to commercially sexually exploited children as their cases are investigated.

ITEM 9
III. FISCAL IMPACTS:

None. This is a Memorandum of Understanding for the purpose of establishing protocol.

IV. EXISTING 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 provi de efficient services.”
V. POLICY ALTERNATIVES:

Council could choose to not approve the three- year MOU. There would be no agreed upon consistency with the remainder of the County agencies.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval the Chief of Police will execute the three-year Memorandum of Understanding with Stanislaus County.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Memorandum of Understanding
ITEM 9

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING A THREE-YEAR MEMORANDUM OF UNDERSTANDING WITH

STANISLAUS COUNTY FOR THE COUNTY-WIDE COMMERCIALLY SEXUALLY

EXPLOITED CHILDREN PROTOCOL AND AUTHORIZING THE CHIEF OF POLICE

TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres, California

WHEREAS, in 2001, Stanislaus County established the Child Abuse and Neglect Investigation Protocol to minimize the trauma to children and establish agency collaboration while investigating a child abuse/neglect case and providing services to the family; and

WHEREAS, this protocol has expanded to include commercially sexually exploited children; and

WHEREAS, this protocol reflects Stanislaus County’s commitment to treating sexually exploited children as victims rather than as delinquents; and

WHEREAS, Ceres Police Department has agreed to this protocol since its inception in 2001 and commitment to this protocol ensures county -wide consistency in Stanislaus County.

NOW, THEREFORE, BE IT RESOLVED , that the City Council of the City of Ceres does hereby approve a three -year Memorandum of Understanding with Stanislaus County for the County -Wide Commercially Sexually Exploited Children protocol 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 26
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

MEMORANDUM OF UNDERSTANDING

STANISLAUS COUNTY

COMMERCIAL SEXUALLY EXPLOITED CHILDREN
(csEc) PRoTocoL
JULY 1, 2024 THROUGH JUNE 30, 2027

1. PURPoSE OF THIS PRoTocoL:

Stanislaus County has a Child Abuse and Neglect lnvestigation Protocol that has been in place since 2001 . Minimizing trauma to children and agency collaboration are the tenets to investigating a child abuse/neglect case and providing services to the family. These agreements and philosophy remain in effect as this scope of work is expanded to Commercially Sexually Exploited Children.

This protocol reflects Stanislaus County's commitment to treating sexually exploited children who have been exposed to severe violence, threats, and trauma as victims of child abuse and human trafficking, rather than criminalizing them as delinquents.

The term Commercially Sexually Exploited Children (CSEC) refers to children and adolescents zero through seventeen (0-1 7) years who have been victims of a range of crimes of a sexual nature, including:

1.1 Recruiting, enticing, harboring, transporting, providing, obtaining, and/or maintaining a minor for the purpose of sexual exploitation;
1 .2 Exploiting a minor through prostitution;

1.3 Exploiting a minor through survival sex (exchanging sex/sexual acts for money, shelter, food, drugs);

1.4 Using a minor in pornography; and

1.5 Exploiting a minor by having her or him perform in sexual venues (e.9. peep shows or strip clubs).

2. GoALs:

The U.S. Department of Justice convened a Committee on the Commercial Sexual Exploitation and Sex Trafficking of Minors, which adopted the following fundamental guiding principles:

2.1 Commercial sexual exploitation and sex trafficking of minors should be understood as acts of abuse and violence against children and adolescents;

2.2 Minors who are commercially sexually exploited or trafficked for sexual purposes should not be considered criminals; and

2.3 ldentification of victims and survivors and any intervention, above all, should do no further harm to any minor or adolescent.

The goal of this protocol is to ensure the CSEC who are identified are treated as victims and routed to appropriate agencies, and that any evidence that can be used to prosecute traffickers is collected.

ATTACHMENT B
ITEM 9
J. PROToCoL:

Responding to the needs of CSEC and identifiing an appropriate placement by law enforcement.

3.1 lnitial Contact:

3.1.1 When an officer comes into contact with a CSEC, the officer will conduct an initial investigation in accordance with internal protocols and must decide whether to:

3.1.'1.1

3.1.1.2 Release the minor to lawful custodian. Advise the lawful custodian of what has happened and provide CSEC brochure to the family; Contact Community Services Agency, Child and Family Services Division (CSA-CFSD) to initiate the Joint Response Protocol as outlined in the Stanislaus County Child Abuse/Neglect Protocol. lf a joint response does not happen then a cross report to CSA-CFSD will be made;
Take the minorto Memorial Medical Center because he orshe is in need of immediate medical care and/or has consented to a sexual assault exam. Healthy Alternatives to Violent Environments (HAVEN) will be contacted to be present at the exam with the victim; or ln rare cases, arrest the minor and take him or her to Juvenile Hall because:

3.1 .1 .4.1 There is a warrant for the minor's arrest not related to 300 WIC dependency;

3.1 .'1.3

3.1.1.4 3.1.1.4.2 The ofiicer has probable cause to believe the minor has committed a crime unrelated to his or her commercial sexual exploitation for which arrest is appropriate; or

3.1.1.4.3 The minor is in immediate danger of physical violence, no appropriate non-criminal alternative placement is available, AND the minor has commifted a crime for which she or he can be detained in Juvenile Hall.

3.1.2 ln all cases, the officer will inform the CSEC victim that, as a victim of sexual exploitation, he or she has a right to a Crisis Navigation services such as those offered by Without Permission, or other agency providing that service. lf the CSEC consents, the officer will call Without Permission at (209)622-0156 or (209)277-7758 for after hours) or other identifled provider of Crisis Navigation services to arrange for an advocate to assist the CSEC.

A Crisis Navigator will respond to offer assistance and accompany the minor during an investigative interview. Crisis Navigators can also provide support to the family of the CSEC minor and help to determine the next steps for the CSEC.

Determining whether to take the minor into protective custody:3.2 2 ITEM 9

3.3 3.2.1 An ofiicer has authority to take CSEC minor into temporary custody if the officer has reasonable cause to believe the minor could be deemed a dependent or ward of the court, or the minor has been abducted.

3.2.2 faking a minor into Protective Custody:

Under Welfare and lnstitutions Code sec{ion 300 et seq., an officer may take a minor into temporary custody without a warrant for the following reasons:

3.2.2.1 The officer has reasonable cause to believe the minor is a victim of abuse or neglect as described in Section 300 and the minor has an immediate need of medical care, the minor is in immediate danger of physical or sexual abuse, or the physical environment or the fact that the minor is left unattended poses an immediate threat to the minor's health or safety.

Minors fall within Section 300 if they are victims of commercial sexual exploitation and their parents or guardians failed, or were unable to, protect them from exploitation;

3.2.2.2 The officer has reasonable cause to believe the minor is a dependent of the court or the minor is the subject of section 319 temporary removal orders, and has violated an order of the Juvenile Court or left any placement ordered by the court; or

3.2.2-3 The minor is found in any street or public place suffering from any sickness or injury which requires immediate treatment.

Abducted Minor:

An ofiicer may also take a minor into protective custody if there are exigent circumstances such as:

3.3.1 lt reasonably appears to the officer that a person (e.9. a traffickeQ is likely to conceal the minor, flee the jurisdiction with the minor, or, by flight or concealment, evade the authority of the court;

3.3.2 There is no lawful custodian available to take custody of the minor;

3.3-3 There are conflicting custody orders or conflicting claims to custody and the parties cannot agree which party should take custody of the minor; or

3.3.4 The minor is an abducted minor.
ln exercising his or her discretion regarding whether to take a minor into protective custody, regardless of the minor's age, the officer needs to consider the following: need for immediate medical care; prior or current child welfare involvement; and risk of exposure to further abuse or exploitation.

Releasing the Minor to an Appropriate Agency or Placement:

After taking the minor into protective custody, the officer must then decide whether the minor should be released to CSA-CFSD or a community based organization.

3.4 3
ITEM 9

3.5 First, an officer should determine whether the CSEC is a 300 WC dependent or 602 WlC delinquent ward of the Juvenile Court.
lf the CSEC is a 300 WC dependent of the Juvenile Court, the officer will work with the agency social worker to determine where they can meet and turn the minor over to CSA- CFSD.

SB 1322 amended Penal Code sections 647(b) and 653.22(a) to prohibit the arrest or prosecution of a child under 18 years of age for crimes of soliciting or engaging in any act of prostitution for money or other consideration or loitering with the intent to commit an act of prostitution. SB 1322 instead specifies these children may be adjudged dependent children of the court pursuant to WC section 300(b)(2) and may be taken into temporary custody pursuant to WC section 305(a).
lf the CSEC is a 602 WC delinquent ward of the Juvenile Court, the officer should consider Probation Department's advice as to whether the minor should be released, brought to Juvenile Hall on an approved violation if appropriate, or taken to an alternate placement. lf the CSEC minor is not a 300 WC dependent of the Juvenile Court or a 602 WC ward, the officer may choose between the following options:

3.4.1 Release the minor to a lawful custodian, unless it reasonably appears that the release would cause the minor to be endangered, abducted, or removed from the jurisdiction;

3.4.2 Request a joint response by CSA-CFSD, transfer custody of the minor to the responding social worker, and prepare a Juvenile Contact Report (JCR);

3.4.3 Release the minor to Center for Human Services (CHS), Hutton House as a temporary option; or

3.4.4 ln rare cases, if a criminal law violation has occurred, the minor may be arrested and taken to Juvenile Hall. A Crisis Navigation case worker can respond to Juvenile Hall to begin to build a relationship with the minor.

Building a case against the victim's trafiicker:
"Victims and survivors may be distrustful of law enforcement, may not view themselves as 'victims', or may be too traumatized to report or disclose crimes committed against them." (Confronting Commercial Sexual Exploitation and Sex Tratricking of Minors in the United States, lnstitute of Medicine and National Research Council, p. 2) A minor victim's inability or unwillingness to provide information to law enforcement or to identify him or herself as a victim are often directly connected to and caused by the trauma she or he has experienced.

Regardless of whether a minor is willing or able to participate in the investigation, the minor will be treated as a victim.

Responding to the Needs of CSEC and ldentirying an Appropriate Placement by Community Services Agency - Child and Family Services Division (AKA CPS)

3.6.1 How Referrals Are Assigned:

Reports of CSEC minor are reported to the Stanislaus County Child Abuse and Neglect Hotline. lf the minor is believed to be in immediate danger the referral will 36 ITEM 9

3.7 be assigned as a Path lll and a socialworker will respond within two (2) hours of the call. lf Law Enforcement requests CSA-CFSD assistance, the social worker will respond as soon as possible. lf the minor is not believed to be in immediate danger, then the referral can be assigned as a Path ll and contact will be made with the family within ten (10) calendar days.

3.6.2 lnvestigation of Referrals:

Any investigation on a CSEC minor requires a joint response with Law Enforcement.

As soon as the referral is assigned, the social worker will contact the law enforcement agency that has jurisdiction, usually the detective assigned to the Crimes Against Children/Svu unit, to determine an action plan. Also the social worker will contact Without Permission, or agency providing that service, and discuss an action plan for meeting the needs ofthe minor. The goal would be for a Crisis Navigator to respond and meet with the minor, but a different plan can be developed depending on the unique needs of the referral. lnitiate the required CSA-CFSD assessment for a child abuse investigation per Department protocols. The minor must be interviewed separately from parent or guardian. lf the parenuguardian is not at the location, make all aftempts to locate and interview them. Determine with law enforcement if:

3.6.2.1 The minor can be released to lawful custodian. Advise the laMul custodian of what has happened and provide necessary
referrals/services.

3.6.2.2 The minor is not able to return home, but the parenUguardian is willing to make an arrangement, e.9., Hutton House could be a temporary option.

3.6.2.3 The minor is in immediate need of medical care, is in immediate danger of physical or sexual abuse, or if the physical environment or the fact that the minor is left unattended poses an immediate threat to the mino/s health or safety the minor can be placed into protective custody. lf these standards are not met, then the social worker would have to get a protective custody warrant and follow all Department procedures.

CSEC and At-Risk Youth Continuum of Care

3.7 .1 ldentifoing a minor who is at-risk of becoming a CSEC is important because prevention and awareness is key to the minor getting the help they need so they are not sexually exploited. ln addition, once a minor is identified as CSEC, providing services to the victim and their family is necessary to help in the recovery process.

It is important to have a continuum of care for CSEC which includes the following principles:

3.7.1.1 Safety planning for both the minor and the service providers;

3.7 .1.2 Collaboration across the agencies;

3.7 .1 .3 Trust and relationship building to foster consistency;

3.7 .1 .4 Provision of culturally competent and appropriate services; and 5 ITEM 9

3.7 .1 .5 Trauma-informed interventions.

3.7.2 One ofthe ways that the principles listed above can be met is by having a consistent screening tool used by those agencies that work with atrisk minors and victims.

This specific screening tool is to be determined by service providers participating in the CSEC Multidisciplinary Team.

3.7.3 The following agencies provide services to CSEC victims, minors who are at risk of becoming CSEC, and/or their families:
. CHS - Hutton House (Youth Navigation Center) - 2004 W. Briggsmore Ave, Modesto, CA 95350, (209)526-5544. lt is a state licensed temporary shelter for runaway and homeless youth ages 13-17. A CSEC youth can stay up to twenty-one (21) days while crisis concerns are addressed. Hutton House also provides shelter, food, clothing, counseling, drug abuse rntervention/prevention and advocacy/referral services; individual, group and family counseling, aftercare services; and family education and parent support classes.
. Healthy Alternatives to Violent Environments (HAVEN) - 618 13th Street, Modesto, CA 95354, (209)577-5980 (crisis line). HAVEN offers a numberof services including legal services, court accompaniment, individual counseling, support groups, advocacy and support through the criminal justice system, case management, crisis intervention, youth services and 24- hour crisis line and shelter.
. Stanislaus County Behavioral Health and Recovery Services - 800 Scenic Drive, Modesto, CA 95353 (209)558-2352 or (209)558-4600 (crisis line). BHRS offers mental health and substance abuse services to CSEC victims, Children's System of Care (CSOC)/BHRS Child Welfare mental health program will the primary point of entry. As well any BHRS program may offer mental health services at any time. Other services that could be provided are: mental health assessment to determine eligibility and client needs; crisis evaluation; case management; individual, family, or group counseling, substance abuse counseling through BHRS and/or their contractor, linkages and referrals to community partners based on their client's needs; and lnteragency Resource Committee (lRC) to help clients get connected to needed services with the help of many community partners. . Stanislaus County Health Services Agency - 917 Oakdale Rd, Modesto, CA 95355, (209) 558-7400 for home or community-based case management by public health nurses to meet the medical, social, educational, and other needs of high risk children and families. '1524 McHenry Ave, 3'd Floor, Modesto, CA 95350, (209) 558-7356 for anonymous, confidential and free STD/HlV testing.
. Victim Services Unit, Stanislaus County District Attorney's Office - 832 'l2rh Street, Suite 300, Modesto, CA 95354. Each victim is assigned a Victim Advocate to help them navigate the criminal justice system, orient them to proceedings, and escort them to court. The Victim Advocate works with the victim to identify their specific needs, locate available resources, provide important information for their safety, assist with completion of a claim for any needed benefits through the California Victim's Compensation Program, and help victims restore their lives.
. Without Permission - 810 Standiford Ave Suite 6, Modesto, CA 95350.

Each survivor is assigned a team of Certified Navigators who help directly in their restoration process. The focus ofthe Certified Navigator is to support 6 ITEM 9

4. and direct a survivor through six (6) key cornerstones of their restoration:

Criminal Justice, education, shelter, health, personal care, and faith.

CSEC MULTIDIScIPTINARY TEAM MEETING:

By this agreement, the parties are establishing a qualified child abuse multidisciplinary team (MDT), subject to the provisions contained in Welfare and lnstitutions Code 18961.7. The parties agree that each of its staff participating in any convened MDT meeting are qualified under Section 18961.7 to participate in an MDT and have been trained in the prevention, identification ortreatment of child abuse and neglect and are qualified to provide a broad range of services related to child abuse. The purpose of the monthly MDT meeting is to prevent, identify, and treat child abuse and neglect and all participating agencies are allowed to share confidential information forlhat purpose.

As part of the MDT, confidential information may be utilized to: investigate reports of suspected child abuse and neglect for all CSEC cases that have been received; create a safety plan for the minor, identify the minor's needs for proper placement and treatment, develop a plan to connect the minor to appropriate services and determine the appropriate placement for the minor.

Additionally, confidential information that is shared among the participating agencies may be used by law enforcement, child welfare, or probation as evidence. The following guidelines reflect statutory requirements under California law:

4.1 Any discussion related to the disclosure of exchange of the information or anything that is written down during a team meeting is confidential. Testimony concerning the discussion is inadmissible in any criminal, civil, or juvenile court proceeding.

4.2 Every MDT team member who either receives information or records regarding children and families in the capacity of an MDT member shall be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records.

4.3 All information or records obtained during the MDT must be maintained in a manner that ensures the maximum protection of privacy and confidentiality laws.

4.4 Disclosure and exchange shall not be made to anyone other than members of the MDT.

4.5 Under WC 18964 an MDT may allow a parent, guardian or other caregiver of the minor to attend the MDT meeting and provide information, without becoming a member of the MDT. The individual must sign a written statement that he or she will not disclose any confidential information received as a result of attending the meeting.

4.6 lf the victim is a non-minor dependent, the MDT team may have access to confldential records only with the explicit written and informed consent of the non-minor dependent.

CoNFIDENTIALITY:

Agencies shall comply and require its officers and employees to comply with the provisions of Section 10850 and 827 of the Welfare and lnstitutions Code (WC); Division 19 of the California Department of Social Services Manual of Policies and Procedures, as well as any other applicable local, State and Federal laws, rules and regulations to assure that:

5.1 Any and all information pertaining to the administration of public social services, for which grants in aid are received shall be confidential and will not be open to examination for any purpose not directly connected with the administration of public social services; 7 5.

ITEM 9

6. 5.2 No person shall publish or disclose, or use or permit, or cause to be published, disclosed or used, any confidential information pertaining to an applicant or recipient; and

5.3 Agencies shall inform all of its employees, agents, subcontractors and partners of the above provision and that any person knowingly and intentionally violating the provisions of said state law is guilty of misdemeanor.

MEDr-CAL DATA PRrvAcY AND SEcuRrry:

6.1 Agencies shall comply with the privacy and security safeguards in the Medi-Cal Data Privacy and Security Agreement between the California Department of Health Care Services (DHCS), California Department of Social Services (CDSS) and the County of Stanislaus, Community Services Agency located at http://www.stanworks.com/other- services/Ddfimed i-cal-data-privacv-and-secu ritv-aoreement. pdf ;

6.2 Agencies shall comply with Stanislaus County Board of Supervisors approved Cloud Policy htto://www.stancountv. com/bos/aqenda/2012120121016/B02.pdf. by ensuring that in the course of providing services under this MOU, any access to confidential data and customer Personal ldentifiable lnformation (Pll) pertaining to persons and/or entities, including but not limited to customer name, address, social security number, date and place of birth, driver's license number, identification number or any other information that identifies the individual remains confidential and is protected.

6.3 Agencies shall abide by the following lnformation Technology (lT) protocols and procedures:

6.3.1 Process, store and/or transmit Pll information only in accordance with the Medi-Cal Data Privacy and Security Agreement specifications using a secure encryption protocol, and in accordance with the National lnstitute of Standards and Technology (NIST) suite of special publications.

6.3.2 Obtain prior written approval from the Community Services Agency (CSA) lT Manager and the CSA Director thirty (30) days prior to:
. Changing the methodology of storing, processing or transmitting customer Pll and reports.
. Using a cloud-based and/or file-sharing service to process, store or transmit customer Pll.

6.3.3 Prior to the approval, provide the name and address of the cloud-based or file- sharing service provider, as well as a detailed description and documentation ofthe services' security features that demonstrate that the services meet the Medi-Cal Data Privacy and Security Agreement, the Social Security Administration TSSR 7.0.

6.3.4 Pll data will not be processed, maintained, transmitted or stored in or by means of data communication channels, devices, computers or computer networks located in geographic or virtual areas not subject to United States law.

7. OWNERSHIP oF CoNFIDENTIAL INFORN4ATION:

All agencies agree nothing contained in this MOU shall be construed as granting or implying any transfer of rights to any partnering agency the confidential information. 8 ITEM 9

8. 9.

10. 7.1 Restrictions on Use: \flithout CSA's consent, the confidential information shall not be used, directly or indirectly, for any purpose other than in connection with Child Abuse and Neglect lnvestigation Protocol and such use shall absolutely cease at the request of CSA or in the event that Child Abuse and Neglect lnvestigation Protocol is discontinued.

7.2 Return of lnformation: Upon the request of CSA, all partnering agencies shall destroy or return all confidential information to CSA, without retaining any copies, summaries or extracts thereof (including email or information transmitted electronically). Notwithstanding the return or destruction of the information, the undersigned shall continue to be bound by the obligations of confidentiality and other obligations hereunder.

TERM:

This Protocol shall be effective July 1,2024, through June 30,2027.

AMENDMENT:

This MOU may only be modified, amended, changed, added to or subtracted from by the mutual consent of Stanislaus County and community based organizations hereof if such amendment or change is in written form and executed with the same formalities as this MOU and attached to the original of this MOU.

ENTIRE MOU:

This Protocol 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 no 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.

This Protocol may be executed in counterparts, each of which shall be deemed to be an original but all of which, taken together, shall constitute one and the same agreement.

ELEcTRoNIc SIGNATURES:

Each party agrees that the electronic signatures (whether digital or encrypted) of the parties included in this MOU 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.

11. 9
ITEM 9
This Protocol has been signed by the parties or their duly authorized representatives to become effective as of the date referenced on the first page.

Our signatures below signify our commitment of the CSEC Protocol for the investigation of child abuse in Stanislaus County.

Gina Machado, Executive Director
Center for Human Services
Christine Huber, MSW Director
Community Services Agency
Jeff Laugero, District Attorney
Stanislaus County District Attorney Office
Stanislaus County Deputy County Counsel
Mary Ann Lily-Tengowski, Managing Director
Stanislaus County Health Services Agency
Troy Stein, Chief Executive Officer
Without Permission
Brandon Gillespie, Chief of Police
Modesto Police Department
Tony Vartan, Director
Behavioral Health and Recovery Services
Chris Perry, Chief of Police
Ceres Police Department
Randy Richardson, Chief of Police
Newman Police Department
Jerry Ramar, Chief of Police
Oakdale Police Department
Jason Hedden, Chief of Police
Turlock Police Department
10 ITEM 9
Mark Ferriera, Chief Probation Officer
Stanislaus County Probation Department
Jeff Dirkse, Sheriff-Coroner
Stanislaus County Sheriff Department
Riverbank Police Services
Patterson Police Services
Hughson Police Services
Waterford Police Services
May Rico, Director
Healthy Alternative to Violent Environments
11 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 26, 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. 2024-XXX, Approving an Outside Services Contract for the Purpose of Hiring Ceres Police Department Officers to Provide a Police Presence at Local Businesses and Organization Events
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council approve an Outside Services Contract for the purpose of hiring Ceres Police Department Officers to provide a police presence at local business and organization events.

I. BACKGROUND:

Eac
h year Ceres Police Department Officers are requested by local businesses and organizations to provide a police presence at their events. There has never been a formal contract for the business or organization to sign and the payment for the event has been determined by Finance, with no set procedure or protocol in place for processing the request.

It
is estimated that the police department receives three to four (3 to 4) requests annually for a police presence at local events.

II. REASONS FOR RECOMMENDATION:

By establishing a contract with set prices, to include administration fees, expectations and protocol for such requests, businesses and organizations will have a clear understanding of their responsibilities and the cost involved for hiring officers for their event.

This contract will also establish consistency in the department’s practices and ensure that each business and/or organization is treated fairly and equitably.

ITEM 10
III. FISCAL IMPACTS:

None. The fees collected will fully pay the cost incurred by the city for providing the Officers requested.

IV. EXISTING 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. POLICY ALTERNATIVES:

Council could choose to not approve the use of this contract . The Police Department would continue to operate as they always have when supplying officers for local events without the use of a formal contract.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval the Ceres Police Department will begin using the Outside Services Contract with all requests for a police presence at local events.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Contract
ITEM 10

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING AN OUTSIDE SERVICES CONTRACT FOR THE

PURPOSE OF HIRING CERES POLICE DEPARTMENT OFFICERS TO

PROVIDE A POLICE PRESENCE AT LOCAL BUSINESSES AND

ORGANZATION EVENTS

THE CITY COUNCIL
City of Ceres, California

WHEREAS, each year the Ceres Police Department receives requests from local businesses and organizations to provide a police presence at their events; and

WHEREAS, there has been no set procedure or protocol in place for processing these requests; and

WHEREAS, by establishing a contract with set prices, to include administration fees, expectations and protocol for such requests, businesses and organizations will have a clear understanding of their responsibilities and the cost involved; and

WHEREAS, this contract will be updated each July 1
st to reflect the fully
burdened cost for officers and sergeants due to any negotiated wage increases; and

WHEREAS, this contract will establish consistency in the department’s practices and ensure that each business and/or organization is treated fairly and equitably.

NOW, THEREFORE, BE IT RESOLVED , that the City Council of the City of Ceres does hereby approve an Outside Services Contract for the purpose of hiring Ceres Police Department Officers to provide a police presence at local business es and organization events.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26
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 10
ITEM 10

ATTACHMENT B
1 A

GREEMENT BETWEEN THE CITY OF CERES FOR THE PROVISION OF

SUPPLEMENTAL LAW ENFORCEMENT SERVICES
PURSUANT TO GOVERNMENT CODE SECTION 53069.8
T
his Agreement is made and entered into this ______ day of _______________, __________.

Between the C ITY OF CERES, a political subdivision of the State of California hereinafter referred to as "C ITY” and the ____________________________ hereinafter referred to as "CONTRACTOR".

WITNESSETH;
W
HEREAS, Government Code Section 53069.8 authorizes the City of Ceres to contract on behalf of the Chief of Police of th e City of Ceres to provide supplemental law enforcement services to private individuals or private entities to preserve the peace at special events or occurrences that happen on occasional basis; and
WHEREAS, the Chief of Police or the legislative body of the City of Ceres have received a request from CONTRACTOR to enter into such an agreement; and WHEREAS, the City of Ceres have by the adoption of Resolution number 2024- XXX o n August 26, 2024, authorized the Chief of Police to enter into contracts pursuant to Government Code Section 53069.8;
NOW, THEREFORE , in consideration of their mutual covenants and conditions, the parties agree as follows:

1. TERM AND TERMINATION. The term of this agreement shall be for the period from __________ through __________ and shall terminate on the last date of the period set forth herein.

2. RATES OF COMPENSATION. The p eace officers who will be utilized for the contracted event(s) as well as the rates of compensation will be outlined in Exhibit A. Contracts entered into under the authority of this Agreement shall provide for full reimbursement to the CI TY of ITEM 10

ATTACHMENT B
2 the actual cost of providing the supplemental law enforcement services as determined by the City of Ceres Finance Department. The actual cost of providing supplemental law enforcement services will include one-half hour prior and one- half hour after for offic ers on foot patrol. In some instances, there will also be a patrol car usage fee. A ten percent administrative fee will also be included in the cost.

3. P AYMENT BY CONTRACTOR. Payment for the supplemental law enforcement services to be provided pursuant to this Agreement shall be made not later than thirty (30) days from the mailing of a billing statement to CONTRACTOR for the supplemental law enforcement services provided to CONTRACTOR pursuant to this Agreement.

4. LIMITATION ON SERVICES .

The contract law enforcement services provided pursuant to this Agreement shall not reduce the normal and regular on- going service that the C ITY would otherwise provide if the C ITY did not contract for the supplemental law enforcement services allowed by Section 53069.8 of the Government Code. Furthermore, the services provided pursuant to this Agreement shall encompass only law enforcement duties and not services authorized to be provided by a private patrol operator, as defined in Section 7582.1 of the California Business and Professions Code.

T
his agreement will include two (2) peace officers for a single event. You may request more on Exhibit A.

Staff will review the agreement after it has been submitted and determine if the requested services can be accommodated. This agreement is not fully executed until it has been reviewed, approved and all signatures have been obtained.

ITEM 10

ATTACHMENT B
3 5. MUTUAL INDEMNIFICATION. Each of the parties hereto shall be solely liable for negligent or wrongful acts or omissions of its directors, officers, employees and agents occurring in the performance of this Agreement, and if either party becomes liable for damages caused by its representatives and employees, it shall pay such damages without contribution by the other party. Each party hereto agrees to indemnify, defend and save harmless the other party, its directors, officers, employees and agents from any and all claims and losses proximately caused by the party's solely negligent or wrongful acts or omissions.

6. ENTIRETY OF AGREEMENT .

This Agreement executed between the parties pursuant to this Agreement are the embodiment of and constitute the entirety of the Agreement between the parties.

7. EXCLUSIVE STATEMENT OF TERMS .

This Agreement is a complete and exclusive
statement of all of the terms and representations of the Agreement between C ITY and CONTRACTOR with respect to the subject matter of this Agreement. This Agreement shall not be varied, supplemented or interpreted by any prior course of dealing between the parties.

This Agreement may only be amended by written Agreement executed by the parties.

8. WRITTEN MODIFICATION. Any modification of this Agreement executed between the parties pursuant to this Agreement shall be in writing and executed by both parties and shall not affect any unmodified portion of this Agreement executed by the parties.

9. SEVERABILITY OF AGREEMENT.

If any term or provision of this Agreement is found to be illegal or unenforceable, then, notwithstanding, this Agreement shall remain in full force and effect and such offending term or provision shall be deemed stricken. This Agreement shall be construed in accordance with the laws of the State of California and according to its fair meaning and not strictly for or against C ITY or CONTRACTOR. In the event of litigation, the prevailing party in litigation shall be entitled to reasonable fees as fixed by the court.

ITEM 10

ATTACHMENT B
4 10. NO N- REFUNDABLE LIQUIDATED DAMAGES . In the event that CONTRACTOR terminates this Agreement prior to the provision of the services agreed to by the parties pursuant to this Agreement and the accompanying Exhibit A, then, for and in consideration of CITY'S preparation to provide supplemental law enforcement services, no refund shall be made of compensation paid to the CITY pursuant to this Agreement.

I
N WITNESS WHEREOF, the parties or their duly authorized representatives have executed this Agreement on the day and year first hereinabove written.

APPROVED AS TO CONTENT:

Department of Ceres Police

By:________________________

Chris Perry,
Chief of Police

CONTRACTOR NAME

By:________________________

CONTRACTOR REPRESENTATIVE

APPROVED AS TO CONTENT:

City of Ceres, City Manager

By:________________________

Douglas D. Dunford,
City Manager

APPROVED AS TO FORM:

City of Ceres, City Attorney

By: _______________________

Nubia I. Goldstein,
City Attorney

ITEM 10

ATTACHMENT B
5 EXHIBIT A
This s igned agreement must be submitted to the Ceres Police Department a minimum of 30 days prior to the event.

EVENT DATE(S)/T IME:
(Time should include 30 minutes before the event and 30 minutes after the event):

DATE(S): __________________________________________________________________

TIME: FROM _______________________ AM/PM TO _________________________ AM/PM

EVENT LOCATION(S): ____
____________________________________________________

___________________________________________________________________________

EVENT DESCRIPTION: ____ ___________________________________________________

___________________________________________________________________________

___________________________________________________________________________

NUMBER OF OFFICERS REQUESTED, IF MORE THAN TWO: __________

ESTIMATED RATES: Ceres Police Officer $ 148.63 per hour Ceres Police Sergeant $ 190.02 per hour

The rates above are based on fully burdened, top-step wages for a Police Officer and Sergeant and represent an estimate of the requested event schedule.
***Contract terms will be fulfilled only if staffing is available***

Contractor Billing Address:

Name: _____________________________________________________________________

Address:____________________________________________________________________

City, State, Zip code:__________________________________________________________

Phone #:____________________________ Attention: _____________________________

ITEM 10

ATTACHMENT B
6 For Internal Use Only

Date Received: ___________________, by _________

Reviewed and Approved by: ______________________

Officers: ____ Officers x ______ hours x $148.63 per hour = $ __________________ Assigned Officers:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

Sergeants: ____ Sergeants x ______ hours x $190.02 per hour = $ __________________ Assigned Sergeants:
______________________________________________________________________ ______________________________________________________________________

Total cost for Officers: $____________________
Total cost for Sergeants: $____________________
Subtotal: $____________________
10% Admin Fee: $____________________
Total to be billed for this event: $____________________

Contractor notified on ________________________, by __________________ of cost for the event.
***When approved, forward to Finance for Contractor to be billed*** ITEM 10

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 26, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael Beltran, PE., Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT:

Resolution No. 202 4-XXX, Approving the General Services Agreement for the Well 41 Tie- In Pothole Services to Rolfe Construction Inc., Authorizing a 10 -Pothole Contingency, and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council to approve the General Service Agreement for the Well 41 Tie- In Pothole Services to Rolfe Construction Inc. , in the amount of $38,5 00.00, and up to 1 0 additional potholes in the amount of $1 1,000.00, totaling $49,500.00, and authorizing the City Manager to execute the contract.

I. BACKGROUND:

Pothole Services are needed to verify and complete the design of the Well 41 Tie- in to the Surface Water Transmission Main project from Well 41, located on Riverpark Drive, north of River Valley Circle, to Hatch Road. There are sensitive utilities including gas mains, water mains, electrical, and telecommunications that require pothole data information to verify the alignment of the water main.

II. REASONS FOR RECOMMENDATION:

Staff requested responsive and responsible proposals from four qualified contractors.

Rolfe Construction Inc. provided the lowest rates per unit pothole and per additional pothole.

III. FISCAL IMPACTS:

Funding is available and included in account 52795.800500. A new Fiscal Year 2025 Project String will need to be created for the project funding.

ITEM 11
IV. EXISTING POLICY/RELATIONSHIP TO THE STRATEGIC PLAN:

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

V. POLICY ALTERNATIVES:

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

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

None Required.

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

Following approval of this item, the agreement will be signed and executed with Rolfe Construction Inc. The contractor will then be issued a notice to proceed, and a pre- construction meeting will be held.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Bid Results

3. Attachment C – GSA Rolfe Construction

ITEM 11

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING THE GENERAL SERVICES AGREEMENT FOR WELL 41 TIE-IN POTHOLE SERVICES PROJECT TO ROLFE CONSTRUCTION INC.,
AUTHORIZING A 10-POTHOLE CONTINGENCY, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Engineering Services Department sent out a bid invitation to four qualified contractors; and

WHEREAS, the lowest responsive and responsible bid was received from Rolfe Construction Inc., in the amount of $38,500.00; and

WHEREAS, up to ten additional potholes may be necessary and appropriate to accommodate any unforeseen utility locations in the amount of $1 1,000.00, bringing the total construction authorization to $49,500.00; and

WHEREAS, f unding is available and included in account 52795.800500; and

WHEREAS, a new project string will be created and named Well 41 Tie-in; and

WHEREAS, there is sufficient funding to construct said project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the General Services Agreement for the Well 41 Tie -In Pothole Services Project to Rolfe Construction Inc., authoriz es a 10-pothole contingency, and authorizes the City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26
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
NO. ITEM UNIT OF ESTIMATED UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL

MEASURE QUANTITY (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) 1 POTHOLE EA 35 $1,100.00 $38,500.00 $1,485.00 $51,975.00 2 ADDITIONAL POTHOLE UNIT PRICE EA TBD $1,100.00 $1,485.00 $38,500.00 $51,975.00TOTAL BID:

BID DUE: July 18, 2024 at 2:00 PM
Well 41 Tie-in - Pothole

BID TABULATION SHEET
Atwater, CA
ARB Inc.Rolfe Construction
Atwater, CA
1 of 2

ATTACHMENT B
ITEM 11
ITEM 11

GENERAL SERVICES AGREEMENT BETWEEN

THE CITY OF CERES AND ROLFE CONSTRUCTION

This agreement for general services (“Agreement”) is entered into on August 27th, 2024 (the “Effective Date”) between the City of Ceres (“City”) and (“Rolfe Construction (“Contractor”) (together sometimes referred to as the “Parties”).

Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Contractor agrees to perform all services described in the proposal as Exhibit A dated July 18th, 2024, Scope of Work shall pothole at the areas indicated on the exhibit plans and provide pothole data information on Well 41 Tie-in to the Surface Water Transmission Main. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A & B, this Agreement shall prevail.

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

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

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

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

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

Section 2. COMPENSATION. City hereby agrees to pay Contractor an amount NOT TO EXCEED ($38,500.00) for all work set forth in Exhibit A, and made a part of this Agreement. In the event the City requires additional Potholes, the Contractor will be compensated as defined in the additional pothole unit price provided in their original bid. In the event of a conflict between this Agreement and Contractor’s proposal regarding the amount of compensation, this Agreement shall prevail.

ATTACHMENT C
ITEM 11

General Services Agreement between
CITY OF CERES and PLACORE WISCONSIN INC. Page 2 of 10

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

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

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

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

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

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

3.3 All Policies Requirements.

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

3.3.2 Notice of Reduction in or Cancellation of Coverage. A certified endorsement must be attached to all insurance obtained in accordance with this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or ITEM 11

General Services Agreement between
CITY OF CERES and PLACORE WISCONSIN INC. Page 3 of 10

reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

Section 4. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES.

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

Section 5. STATUS OF CONTRACTOR.

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

Section 6. LEGAL REQUIREMENTS.

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

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

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

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

6.5 Work Requiring Payment of Prevailing Wages. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of ITEM 11

General Services Agreement between
CITY OF CERES and PLACORE WISCONSIN INC. Page 4 of 10

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

Section 7. MODIFICATION.

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

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

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

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

7.4.1 Immediately terminate the Agreement;

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

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

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

Section 8. KEEPING AND STATUS OF RECORDS.

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

8.2 Contractor’s Books and Records. Contractor shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and ITEM 11

General Services Agreement between
CITY OF CERES and PLACORE WISCONSIN INC. Page 5 of 10

disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.

8.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other party (the "Receiving Party"). The Receiving Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Contractor understands that the City is a public entity and is subject to the laws that may compel it to disclose information about Contractor’s business.

Section 9 MISCELLANEOUS PROVISIONS.

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

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

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

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

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

9.6 Notices.

Any written notice to Contractor shall be sent to:

Contractor Address:
3573 Southern Pacific Ave
ITEM 11

General Services Agreement between
CITY OF CERES and PLACORE WISCONSIN INC. Page 6 of 10

Atwater, CA 95301

Any written notice to the City shall be sent to:

City of Ceres Engineering
2220 Magnolia St
Ceres, CA 95307

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

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

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

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

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

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

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

ITEM 11

General Services Agreement between
CITY OF CERES and PLACORE WISCONSIN INC. Page 7 of 10

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

CITY OF CERES CONTRACTOR

____________________________ ______________________________ Douglas D. Dunford , City Manager Rolfe Construction

Approved as to Form:

____________________________
Nubia Goldstein, City Attorney

ATTEST:

_____________________________________
Fallon Martin, City Clerk

ITEM 11

General Services Agreement between
CITY OF CERES and PLACORE WISCONSIN INC. Page 8 of 10

EXHIBIT A

SCOPE OF SERVICES

[ATTACH SCOPE OF SERVICES]

ITEM 11

BID ITEM LIST
WELL 41 PROJECT POTHOLES

BASE BID
ITEM
NO. ITEM

UNIT OF

MEASURE

ESTIMATED

QUANTITY

UNIT PRICE
(IN FIGURES)

ITEM TOTAL
(IN FIGURES)
1 POTHOLE EA 35
2 ADDITIONAL POTHOLE UNIT PRICE EA TBD

TOTAL BASE BID
NOTE:

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

The Bidder shall list the name, address, license number, DIR number, and a description of work of each subcontractor to whom the Bidder proposes to subcontract portions of the work, as required by the provisions in Section 2-1.10, "Subcontractor List," of the State Standard Specifications. 1100.00 38,500.00
1100.00 TBD
$38,500.00
Submitted by Jorge C. Avelar-Project Manager 7/18/24 Rolfe Construction Inc.

ITEM 11

General Services Agreement between
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EXHIBIT B

PERFORMANCE BOND

[ATTACH PERFORMANCE BOND]

ITEM 11

General Services Agreement between
CITY OF CERES and PLACORE WISCONSIN INC. Page 10 of 10

EXHIBIT C

CONSTRUCTION PLANS

[ATTACH CONSTRUCTION PLANS]

ITEM 11
2Call : TOLL FREE

YOU DIG
BEFORE

TWO DAYS
nderground ervice lert
1 ( 800 ) 642 - 2444
U S A
U
S

A UTILITY POTHOLING PLAN
P1
2220 MAGNOLIA STREET (209) 538-5792

ENGINEERING DEPARTMENT
"Together We Achieve"
City of Ceres
WELL 41 IMPROVEMTNS

POTHOLE NOTES

1. THE CONTRACTOR SHALL POTHOLE UTILITY BY MEANS OF AN APPROVED VACUUM TRUCK OR TRAILER, OR BY SMALL HAND TOOLS. DAMAGES CAUSED

TO ANY UTILITY SHALL BE REPAIRED BY THE CONTRACTOR, AT NO ADDITIONAL COST TO THE CITY.

2. CONTRACTOR SHALL NOTIFY UNDERGROUND SERVICE ALERT 48 HOURS PRIOR

TO POTHOLE ACTIVITIES

3. VERIFY AND DOCUMENT EXACT LOCATION OF EXISTING UTILITY.

4. CONTRACTOR SHALL SET A PK NAIL OR FIXED MARKER ADJACENT TO EACH

POTHOLE, MEASURE THE VERTICAL AND HORIZONTAL DISTANCE TO TOP OF CONDUIT OR PIPE, AND VERIFY THE SIZE. FOR CONDUIT CLUSTERS, ALSO RECORD QUANTITY AND MEASURE TO THE BOTTOM OF CLUSTER. LABEL LEACH

PK NAIL OF FIXED MARKER ON PAVEMENT, AND CLEARLY LABEL PLAN OR SPREADSHEET WITH THE COLLECTED DATA.

5. THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING PROPER TRAFFIC CONTROL DEVICES AND PUBLIC CONVENIENCE AND SAFETY.

6. BACKFILL ALL POTHOLES WITH CLASS 3 ASB (SAND) AND COMPACT TO 90% RC.

ALL PAVED AREAS SHALL HAVE 3" MIN TEMPORARY SURFACE (COLD MIX) PLACED, COMPACTED AND LEVELED TO PAVEMENT GRADE.

7. ALL EXCESS DEBRIS FROM THE POTHOLING OPERATION SHALL BE CLEANED

AND/OR DISPOSED OF BY THE CONTRACTOR IMMEDIATELY UPON COLLECTION OF DATA AND PRIOR TO THE OPENING OF TRAFFIC.

LOCATION MAP

PROJECT

LOCATION

CITY OF CERES
WELL 41 BLEND PROJECT
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1Call : TOLL FREE

YOU DIG
BEFORE

TWO DAYS
nderground ervice lert
1 ( 800 ) 642 - 2444
U S A
U
S

A UTILITY POTHOLING PLAN
P1
2220 MAGNOLIA STREET (209) 538-5792

ENGINEERING DEPARTMENT
"Together We Achieve"
City of Ceres
WELL 41 IMPROVEMTNS

POTHOLE NOTES

1. THE CONTRACTOR SHALL POTHOLE UTILITY BY MEANS OF AN

APPROVED VACUUM TRUCK OR TRAILER, OR BY SMALL HAND
TOOLS. DAMAGES CAUSED TO ANY UTILITY SHALL BE

REPAIRED BY THE CONTRACTOR, AT NO ADDITIONAL COST TO
THE CITY.

2. CONTRACTOR SHALL NOTIFY UNDERGROUND SERVICE ALERT
48 HOURS PRIOR TO POTHOLE ACTIVITIES

3. VERIFY AND DOCUMENT EXACT LOCATION OF EXISTING
UTILITY.

4. CONTRACTOR SHALL SET A PK NAIL OR FIXED MARKER

ADJACENT TO EACH POTHOLE, MEASURE THE VERTICAL AND

HORIZONTAL DISTANCE TO TOP OF CONDUIT OR PIPE, AND
VERIFY THE SIZE. FOR CONDUIT CLUSTERS, ALSO RECORD
QUANTITY AND MEASURE TO THE BOTTOM OF CLUSTER. LABEL

LEACH PK NAIL OF FIXED MARKER ON PAVEMENT, AND

CLEARLY LABEL PLAN OR SPREADSHEET WITH THE COLLECTED
DATA.

5. THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING

PROPER TRAFFIC CONTROL DEVICES AND PUBLIC
CONVENIENCE AND SAFETY.

6. BACKFILL ALL POTHOLES WITH CLASS 3 ASB (SAND) AND
COMPACT TO 90% RC. ALL PAVED AREAS SHALL HAVE 3" MIN

TEMPORARY SURFACE (COLD MIX) PLACED, COMPACTED AND
LEVELED TO PAVEMENT GRADE.

7. ALL EXCESS DEBRIS FROM THE POTHOLING OPERATION SHALL

BE CLEANED AND/OR DISPOSED OF BY THE CONTRACTOR

IMMEDIATELY UPON COLLECTION OF DATA AND PRIOR TO THE
OPENING OF TRAFFIC.

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 26, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael Beltran, PE., Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT:

Resolution No. 202 4-XXX, Approving the General Services Agreement for the Whitmore Avenue Rehabilitation Pothole Services Project to Rolfe Construction Inc. , Authorizing a 15- Pothole Contingency, and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council to award the general services agreement for the Whitmore Avenue Rehabilitation Pothole Services to Rolfe Construction Inc., in the amount of $77,000.00, and a contingency for up to 15 additional potholes in the amount of $21,000.00, totaling $98,000.00, and authorizing the City Manager to execute the contract.

I. BACKGROUND:

Pothole Services are needed to verify and complete the design of the Whitmore Avenue Rehabilitation project from Crows Landing Road to Morgan Road. There are sensitive utilities including gas mains, multiple water mains, and a Railroad underground crossing that require pothole data information to verify the positive drainage design of the Whitmore Avenue Rehabilitation project.

II. REASONS FOR RECOMMENDATION:

Staff requested responsive and responsible proposals from four qualified contractors.

Rolfe Construction Inc. provided the lowest rates per unit pothole and per additional pothole.

III. FISCAL IMPACTS:

Funding is available and included in account 27795.800500.

ITEM 12
IV. EXISTING POLICY/RELATIONSHIP TO THE STRATEGIC PLAN:

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

V. POLICY ALTERNATIVES:

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

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

None Required.

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

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

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Bid Results

3. Attachment C – Agreement

ITEM 12

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING THE GENERAL SERVICES AGREEMENT FOR WHITMORE

AVENUE REHABILITATION POTHOLE SERVICES PROJECT TO ROLFE CONSTRUCTION INC., AUTHORIZING A 15-POTHOLE CONTINGENCY, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Engineering Services Department sent out a bid invitation to four qualified contractors; and

WHEREAS, the lowest responsive and responsible bid was received from Rolfe Construction Inc., in the amount of $77,000.00; and

WHEREAS, up to fifteen additional potholes may be necessary and appropriate to accommodate any unforeseen utility locations in the amount of $21,000.00, bringing the total construction authorization to $98,000.00; and

WHEREAS, f unding is available and included in account 27795.800500; and

WHEREAS, there is sufficient funding to construct said project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the general services agreement for the Whitmore Avenue Rehabilitation Pothole Services Project to Rolfe Construction Inc., authoriz es a 15- pothole contingency, and authorizes the City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26
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 12
ITEM 12
NO. ITEM UNIT OF ESTIMATED UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL

MEASURE QUANTITY (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) 1 POTHOLE EA 55 $1,400.00 $77,000.00 $1,400.00 $77,000.00 $2,150.00 $118,250.00 $2,850.00 $156,750.00 2 ADDITIONAL POTHOLE UNIT PRICE EA TBD $1,400.00 $1,500.00 $2,200.00 $2,850.00 $77,000.00 $77,000.00 $118,250.00 $156,750.00
ARB Inc.

Pittsburg, CA
TOTAL BID:

BID DUE: July 31, 2024 at 2:00 PM
STPL-5241 (075) Whitmore Ave Rehabiliation - Pothole

BID TABULATION SHEET
United Pavement
Maintenance
Atwater, CA Hughson, CA
Lawrence Backhoe Service, Inc.Rolfe Construction
Atwater, CA
1 of 2

ATTACHMENT B
ITEM 12
ITEM 12

GENERAL SERVICES AGREEMENT BETWEEN

THE CITY OF CERES AND ROLFE CONSTRUCTION
This agreement for general services (“Agreement”) is entered into on August 27th, 2024 (the “Effective Date”) between the City of Ceres (“City”) and (“Rolfe Construction (“Contractor”) (together sometimes referred to as the “Parties”).

Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Contractor agrees to perform all services described in the proposal as Exhibit A dated July 31st, 2024, Scope of Work shall pothole at the areas indicated on the exhibit plans and provide pothole data information on Whitmore from Crows Landing Rd to Morgan Rd. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A & B, this Agreement shall prevail.

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

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

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

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

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

Section 2. COMPENSATION. City hereby agrees to pay Contractor an amount NOT TO EXCEED ($77,000.00) for all work set forth in Exhibit A, and made a part of this Agreement. In the event the City requires additional Potholes, the Contractor will be compensated as defined in the additional pothole unit price provided in their original bid. In the event of a conflict between this Agreement and Contractor’s proposal regarding the amount of compensation, this Agreement shall prevail.

ATTACHMENT C
ITEM 12

General Services Agreement between
CITY OF CERES and PLACORE WISCONSIN INC. Page 2 of 10

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

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

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

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

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

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

3.3 All Policies Requirements.

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

3.3.2 Notice of Reduction in or Cancellation of Coverage. A certified endorsement must be attached to all insurance obtained in accordance with this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or ITEM 12

General Services Agreement between
CITY OF CERES and PLACORE WISCONSIN INC. Page 3 of 10

reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

Section 4. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES.

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

Section 5. STATUS OF CONTRACTOR.

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

Section 6. LEGAL REQUIREMENTS.

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

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

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

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

6.5 Work Requiring Payment of Prevailing Wages. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of ITEM 12

General Services Agreement between
CITY OF CERES and PLACORE WISCONSIN INC. Page 4 of 10

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

Section 7. MODIFICATION.

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

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

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

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

7.4.1 Immediately terminate the Agreement;

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

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

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

Section 8. KEEPING AND STATUS OF RECORDS.

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

8.2 Contractor’s Books and Records. Contractor shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and ITEM 12

General Services Agreement between
CITY OF CERES and PLACORE WISCONSIN INC. Page 5 of 10

disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.

8.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other party (the "Receiving Party"). The Receiving Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Contractor understands that the City is a public entity and is subject to the laws that may compel it to disclose information about Contractor’s business.

Section 9 MISCELLANEOUS PROVISIONS.

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

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

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

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

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

9.6 Notices.

Any written notice to Contractor shall be sent to:

Contractor Address:
3573 Southern Pacific Ave
ITEM 12

General Services Agreement between
CITY OF CERES and PLACORE WISCONSIN INC. Page 6 of 10

Atwater, CA 95301

Any written notice to the City shall be sent to:

City of Ceres Engineering
2220 Magnolia St
Ceres, CA 95307

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

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

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

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

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

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

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

ITEM 12

General Services Agreement between
CITY OF CERES and PLACORE WISCONSIN INC. Page 7 of 10

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

CITY OF CERES CONTRACTOR

____________________________ ______________________________ Douglas D. Dunford , City Manager Rolfe Construction

Approved as to Form:

____________________________
Nubia Goldstein, City Attorney

ATTEST:

_____________________________________
Fallon Martin, City Clerk

ITEM 12

General Services Agreement between
CITY OF CERES and PLACORE WISCONSIN INC. Page 8 of 10

EXHIBIT A

SCOPE OF SERVICES

[ATTACH SCOPE OF SERVICES]

ITEM 12

BID ITEM LIST

WHITMORE AVENUE

REHABILITATION

PROJECT POTHOLES

BASE BID
ITEM
NO. ITEM

UNIT OF

MEASURE

ESTIMATED

QUANTITY

UNIT PRICE
(IN FIGURES)

ITEM TOTAL
(IN FIGURES)
1 POTHOLE EA 55
2 ADDITIONAL POTHOLE UNIT PRICE EA TBD

TOTAL BASE BID
NOTE:

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

The Bidder shall list the name, address, license number, DIR number, and a description of work of each subcontractor to whom the Bidder proposes to subcontract portions of the work, as required by the provisions in Section 2-1.10, "Subcontractor List," of the State Standard Specifications.

Submitted by Rolfe Construction Inc 7/31/24
ITEM 12

General Services Agreement between
CITY OF CERES and PLACORE WISCONSIN INC. Page 9 of 10

EXHIBIT B

PERFORMANCE BOND

[ATTACH PERFORMANCE BOND]

ITEM 12

General Services Agreement between
CITY OF CERES and PLACORE WISCONSIN INC. Page 10 of 10

EXHIBIT C

CONSTRUCTION PLANS

[ATTACH CONSTRUCTION PLANS]

ITEM 12
10" SS
15010
WATER
WATER
4" STL SIGN BOARD

FUEL LINE PER

PG&E UTILITY PLAT

FUEL LINE PER

PG&E UTILITY PLAT
T
SL
T
T
T
T
SL
FUELC

WATER LINE PER CITY OF

MODESTO UTILITY PLAT

RECYCLED WATER LINE

PER CITY OF MODESTO

UTILITY PLAT

UNK UTILITY DD

84.8 GB

84.9 GB

84.6 84.7

84.8 84.6

85.1 85.4

85.5 85.4

85.3 84.9

84.5 84.4

84.5 GB

84.0 GB

84.4 GB

83.9 GB

84.2 84.3 84.2

84.3 84.1

84.2 83.5
GB

83.4 GB

84.3 84.5

84.6 GB

84.2 84.2

84.5 GB

83.8 83.9 84.1
GB

83.6 GB

83.7 GB

COMMUNICATION LINE

PER AT&T UTILITY PLAT COMMUNICATION LINE PER

COMCAST UTILITY PLAT

DRAIN LINE PER CITY OF

MODESTO UTILITY PLAT

SEWER LINE PER CITY OF

MODESTO UTILITY PLAT

ELECTRIC OH LINE

PER TID UTILITY PLAT

ELECTRIC LINE PER

TID UTILITY PLAT

WATER LINE PER AS-BUILTS

WATER LINE PER AS-BUILTS
SURVEY

MONUMENT
D
DMH
RIM 83.83
INV. 6" 81.55(N)
INV. 8" 83.13(RISER)
SUMP 81.51

DRAIN INLET
RIM 83.35
SUMP 78.65

FLOODED

CATCH BASIN
TC 83.43 @CL
W
WATER(2)
WATER
WATER
WATER
FUEL
FUEL
C
C

COMM VAULT
C
C

FUEL LINE PER

PG&E UTILITY PLAT

FUEL LINE PER

PG&E UTILITY PLAT

FUEL LINE PER

PG&E UTILITY PLAT

COMM OH LINE PER

COMCAST UTILITY PLATRECYCLED WATER

LINE PER CITY OF

MODESTO UTILITY
PLAT

WATER LINE PER CITY OF

MODESTO UTILITY PLAT

UNK UTILITY DD

UNK UTILITY DD

UNK UTILITYUNK UTILITY

UNK UTILITY DD

COMM LINE PER

AT&T UTILITY PLAT

ELEC OH LINE PER

TID UTILITY PLAT

WATER LINE PER AS-BUILTS
D
DMH
RIM 84.84
INV. 6" 82.49(N)
INV. 8" 84.29(RISER)
SUMP 82.44

DRAIN INLET
RIM 84.41
SUMP 80.06

FULL OF DIRT
D
DMH
RIM 85.22
D
DMH
RIM 84.49
INV. 6" 82.24(N)
INV. 8" 83.79(RISER)
SUMP 81.44

DRAIN INLET
RIM 83.98
SUMP 79.39

FLOODED
LEGEND

WHITMORE AVENUE

REHABILITATION PROJECT
STPL-5241 (075)

ENGINEERING DEPARTMENT

DEVELOPMENT SERVICES
"Together We Achieve"
City of Ceres
2220 Magnolia Street (209) 538-5792
Know what'sbelow.
before you dig.Call
R
aWcompany estwood

SHEET TITLE
SEE BELOW FOR CONTINUATIONSEE SHEET C3.2 FOR CONTINUATION

SEE ABOVE FOR CONTINUATION

E WHITMORE AVENUE

E WHITMORE AVENUE

CROWS LANDING ROAD

POTHOLE PLAN
STA 6+00 TO 15+00
0 10 2040
SCALE: 1" = 20'
ITEM 12
21" SS8" SS
WATER
W
WATER
W
WATER
WATER
WATER
IRR 1.50"
FUEL
FUEL
C
CC

WATER LINE PER CITY OF

MODESTO UTILITY PLAT
S
SMH
RIM 85.81

TRANSMISSION

TRANSMISSION TRANSMISSION

85.9 85.8

85.6 85.4

85.2 GB

85.2 GB

85.4 GB 85.3
GB

85.2 GB

85.2 GB

85.2 GB 85.3
GB

85.3 GB

SEWER LINE PER CITY OF

MODESTO UTILITY PLAT

WATER LINE PER AS-BUILTS
D
DMH
RIM 85.07

CATCH BASIN
TC 85.07 @CL
INV. 12" 81.38(S)
SUMP 80.67
D
DMH
RIM 85.07

DRAIN INLET
RIM 84.49
INV. 6" 82.49(N)
INV. 8" 84.29(RISER)
8" SS
L
L
15007
24" SS
WATER
WATER(2)
WATER

ELECTRIC OH LINE

PER TID UTILITY PLAT
C

COMM VAULT
C

FUEL LINE PER

PG&E UTILITY PLAT

ELECTRIC LINE PER

TID UTILITY PLAT

UNK UTILITY DD

85.6 85.8

85.6 GB

86.6 86.5 86.2

84.9 85.9

85.885.2

85.6 85.484.9

COMM LINE PER

AT&T UTILITY PLAT

COMM OH LINE PER

COMCAST UTILITY PLAT

WATER LINE PER CITY OF

MODESTO UTILITY PLAT

COMM LINE PER

AT&T UTILITY PLAT

ELEC LINE & OH PER

TID UTILITY PLAT

WATER LINE PER AS-BUILTS

CATCH BASIN
TC 86.88 @CL
D
DMH
RIM 86.88 D
DMH
RIM 85.92

CATCH BASIN
TC 85.84 @CL
D
DMH
RIM 86.01
D
RIM 85.07
LEGEND

WHITMORE AVENUE

REHABILITATION PROJECT
STPL-5241 (075)

ENGINEERING DEPARTMENT

DEVELOPMENT SERVICES
"Together We Achieve"
City of Ceres
2220 Magnolia Street (209) 538-5792
Know what'sbelow.
before you dig.Call
R
aWcompany estwood

SHEET TITLE
SEE BELOW FOR CONTINUATIONSEE SHEET C3.3 FOR CONTINUATION SEE ABOVE FOR CONTINUATION SEE SHEET C3.1 FOR CONTINUATION

E WHITMORE AVENUE

E WHITMORE AVENUE

LODI AVENUE

POTHOLE PLAN
STA 15+00 TO 24+00
0 10 2040
SCALE: 1" = 20'
ITEM 12
L

SURVEY MONUMENT
WATER(2)
WATER
C
C
CC

ELECTRIC UNDERGROUND

LINE PER TID UTILITY PLAT

COMMUNICATION LINE

PER AT&T UTILITY PLAT

UNK UTILITY DD
TRANSMISSION(3)

86.8 87.1

86.5 86.7
GB

87.0 GB86.9

86.7 86.6

86.0 85.8

84.9 84.7

85.6 85.8

85.6 GB

86.6 WATER LINE PER CITY OF

MODESTO UTILITY PLAT

COMM LINE PER

AT&T UTILITY PLAT

WATER LINE PER AS-BUILTS
D
DMH
RIM 87.37

CATCH BASIN
TC 86.52 @CL
INV. 15" 82.68(S)
SUMP 82.87
D
DMH
RIM 86.94

CATCH BASIN
TC 86.88 @CL
D
DMH
RIM 86.88
WATER
WATER
WATER

RR ARM GUARD

RR ARM GUARD

RR SIGNAL
FUEL

COMM CABINET
C
C

FUEL LINE PER

PG&E UTILITY PLAT

FUEL LINE PER

PG&E UTILITY PLAT

WATER LINE PER CITY OF

MODESTO UTILITY PLAT

WATER LINE PER CITY OF

MODESTO UTILITY PLAT

UNK UTILITY DD

TRANSMISSION TOWER

ELEC CABINET

89.6 88.8 88.4 88.4

87.1 87.0

86.5 86.7
GB

86.8 GB

86.5 86.8

88.1 TOE

86.4 TOE 86.3

86.8 COMM OH LINE PER

COMCAST UTILITY PLAT

COMM LINE PER

AT&T UTILITY PLAT

WATER LINE PER CITY OF

MODESTO UTILITY PLAT

ELEC OH LINE PER

TID UTILITY PLAT

WATER LINE PER AS-BUILTS

SURVEY MONUMENT

DRAIN INLET
RIM 88.52
SUMP 85.28

FULL OF DIRT

CATCH BASIN
TC 86.88 @CL
INV. 15" 82.28(S)
SUMP 82.23
D DMH
RIM 86.49

CATCH BASIN
TC 86.88 @CL
INV. 15" 82.31(S)
SUMP 82.44
LEGEND

WHITMORE AVENUE

REHABILITATION PROJECT
STPL-5241 (075)

ENGINEERING DEPARTMENT

DEVELOPMENT SERVICES
"Together We Achieve"
City of Ceres
2220 Magnolia Street (209) 538-5792
Know what'sbelow.
before you dig.Call
R
aWcompany estwood

SHEET TITLE
SEE BELOW FOR CONTINUATIONSEE SHEET C3.4 FOR CONTINUATION SEE ABOVE FOR CONTINUATION SEE SHEET C3.2 FOR CONTINUATION

E WHITMORE AVENUE

E WHITMORE AVENUE

NICKERSON DRIVE
POTHOLE PLAN STA 24+00 TO
33+00
0 10 2040
SCALE: 1" = 20'
ITEM 12
12"
51784
12"W
WATER
WATER
WATER
WATER
WATER
WATER
WATER
IRR
IRR

89.92 RR

89.98 RR

89.98 RR

89.88 RR

89.90 RR

89.92 RR

90.05 RR

89.93 RR

89.94 RR

89.91 RR

89.78 RR

89.77 RR

RR ARM GUARD

RR SIGNAL
T

RR ARM GUARD

RR ARM GUARD

RR SIGNAL
FUEL

FUEL FUEL
FUEL

COMM VAULT C

COMM CABINET

FUEL LINE PER

PG&E UTILITY PLAT

UNK UTILITY DD

UNK UTILITY DD

TRANSMISSION

UNK UTILITY DD
E
E

TRANSMISSION TOWER

TRANSMISSION TOWER

ENOT IN USE

NOT IN USE
E

ELEC CABINET

88.087.8

88.0 88.2

88.1 88.3

88.5 88.7

89.6 GB

89.5 GB

89.6 GB

89.6 89.0 88.8

89.1 TOE

89.3 TOP 89.2
TOP

88.9 88.1
TOE

87.9 88.5
TOE

89.0 TOE

89.2 89.7
TOP

89.8 TOP

89.5 89.6

89.0 89.7
TOP

89.5 TOP

88.2 TOE

89.1 TOP

89.0 89.1
TOP

88.5 TOE

88.2 88.4

88.1 TOE

86.4 TOE 86.3

87.6 TOE

89.8 TOP

89.2 TOP

WATER LINE PER CITY OF

MODESTO UTILITY PLAT

COMMUNICATION LINES

PER AT&T UTILITY PLAT

ELEC OH LINES PER

TID UTILITY PLATCOMM OH LINES

PER COMCAST

UTILITY PLAT

WATER LINE PER CITY OF

MODESTO UTILITY PLAT

WATER LINE PER CITY

OF CERES UTILITY PLATWATER LINE PER CITY

OF CERES UTILITY PLAT

WATER LINE PER AS-BUILTS
SURVEY

MONUMENT

SURVEY MONUMENT

SURVEY MONUMENT
SURVEY

MONUMENT

DRAIN INLET
RIM 87.99
DRYW
ELL

DRYWELL
RIM 88.08

DRAIN INLET
RIM 87.72
DRYW
ELL

DRYWELL
RIM 88.29

CATCH BASIN
TC 88.06 @CL
INV. 15" 81.88(N)
SUMP 81.78
D
DMH
RIM 88.24
INV. 18" 81.02(E)
INV. 15" 81.52(S)
SUMP 81.24

DRAIN INLET
RIM 87.76
DRYW
ELL

DRYWELL
RIM 88.31
DRYW
ELL

DRYWELL
RIM 88.35

DRAIN INLET
RIM 88.04
6"
18" SD
18" SD
12"W
12"W
12"W
W
WATER
WATER
W
WATER
W
WATER
WATER
WATER

PIV FOR FDC
W
IRR 2"
IRR
IRR
C C
C C

COMM VAULT

UNK UTILITY DD

UNK UTILITY DD
E
E
E
E
E
E

89.1 89.0 89.1
GB

89.0 GB

89.4 89.3

89.5 89.1 89.2

89.0 88.8 88.5

88.5 89.1
GB

88.4 88.3

88.1 88.1

WATER LINE PER CITY

OF CERES UTILITY PLAT

STORM LINE PER CITY

OF CERES UTILITY PLAT

STORM LINE PER CITY

OF CERES UTILITY PLAT

WATER LINE PER CITY

OF CERES UTILITY PLAT

WATER LINE PER CITY

OF CERES UTILITY PLAT
D
DMH
RIM 88.63
INV. 18" 80.71(W)
INV. 18" 80.59(E)
INV. 12" 81.33(S)
SUMP 80.63

CATCH BASIN
TC 88.70 @CL
INV. 12" 82.00(N)
SUMP 82.25

DRAIN INLET
RIM 87.99

DRYWELL
RIM 88.08

DRAIN INLET
RIM 87.72
LEGEND

WHITMORE AVENUE

REHABILITATION PROJECT
STPL-5241 (075)

ENGINEERING DEPARTMENT

DEVELOPMENT SERVICES
"Together We Achieve"
City of Ceres
2220 Magnolia Street (209) 538-5792
Know what'sbelow.
before you dig.Call
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SHEET TITLE
SEE BELOW FOR CONTINUATIONSEE SHEET C3.5 FOR CONTINUATION SEE ABOVE FOR CONTINUATION SEE SHEET C3.3 FOR CONTINUATION

E WHITMORE AVENUE

E WHITMORE AVENUE
U.P.R.R.

POTHOLE PLAN
STA 33+00 TO 42+00
0 10 2040
SCALE: 1" = 20'
ITEM 12
TID HV
18" SD
18" SD
8" SS
12"W
12"W
12"WREFLECTIVE POST TYP
WATER
WATER
WATER
WATER
WATER(2)
C

C COMM VAULT
C
C

COMM OH

LINES PER

COMCAST &

CHARTER

UTILITY PLATS

FUEL LINE PER

PG&E UTILITY PLAT
S
SMH
RIM 90.20

UNK UTILITY DD
S
SMH
RIM 89.68
INV. 8" 83.00(S)
INV. 8" 83.00(E)
SUMP 83.08

UNK UTILITY DD
E

ELEC VAULT
E

90.6 GB

90.2 90.6
GB

90.4 GB

90.2 89.7

88.2 88.4

89.0 89.8

89.9 89.9

90.2 GB

90.1 90.0

89.989.3 89.4

90.1 GB

89.2 90.0
GB

89.1 89.4

89.6 89.5

89.6 89.5

89.7 89.7

89.5 89.5

89.7 GB

89.8 89.6
GB

89.6 GB

89.5 GB

89.2 89.5

89.3 89.3

89.2 89.1

89.4 89.3

COMMUNICATION

LINE PER AT&T

UTILITY PLAT

ELEC OH LINES PER

TID UTILITY PLAT

SEWER LINE PER CITY

OF CERES UTILITY PLAT

WATER LINE PER

CITY OF CERES

UTILITY PLAT

WATER LINE PER CITY

OF CERES UTILITY PLAT

WATER LINE PER CITY

OF CERES UTILITY PLAT

STORM LINE PER CITY

OF CERES UTILITY PLAT

WATER LINE PER CITY

OF CERES UTILITY PLAT

SURVEY MONUMENT
D
DMH
RIM 89.92
INV. 18" 80.92(W)
INV. 18" 81.02(S)
SUMP 80.92 CATCH BASIN
TC 89.64 @CL
INV. 15" 81.76(N)
SUMP 81.84
D
DMH
RIM 89.65
INV. 18" 80.47(E)
INV. 18" 80.49(W)
INV. 15" 81.29(S)
SUMP 80.49
DRYW
ELL

DRYWELL
RIM 89.62

CATCH BASIN
TC 89.53 @CL
D
DMH
RIM 89.76
INV. 30" 79.59(S)
INV. 18" 80.18(E)
INV. 18" 80.42(W)
SUMP 80.08

CATCH BASIN
TC 89.72 @CL
INV. 18" 81.02(N)
INV. 18" 81.02(S)
SUMP 81.02
12"W
WATER WATER(2) WATER
HNDRL

ELECTRIC OH LINE

PER TID UTILITY PLAT
C

COMCAST &

UTILITY PLATS

FUEL LINE PER

PG&E UTILITY PLAT

COMMUNICATION LINE

PER AT&T UTILITY PLAT

UNK UTILITY DD UNK UTILITY DD
E
E

89.6 89.3

89.2 89.0

89.0 88.8

89.0 89.1

89.4 89.6

89.5 89.9

89.6 89.2

88.7 88.6

88.6 88.9

89.2 89.9

90.0 90.1

89.8 89.4

89.2 90.3

89.0 89.6

90.0 90.3 90.3 90.3

90.6 GB

90.2 COMM LINES PER

AT&T UTILITY PLAT

WATER LINE PER CITY

OF CERES UTILITY PLAT

DRAIN LINE PER CITY

OF CERES UTILITY PLAT
DMH
RIM 89.52
D
DMH
RIM 89.70
LEGEND

WHITMORE AVENUE

REHABILITATION PROJECT
STPL-5241 (075)

ENGINEERING DEPARTMENT

DEVELOPMENT SERVICES
"Together We Achieve"
City of Ceres
2220 Magnolia Street (209) 538-5792
Know what'sbelow.
before you dig.Call
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SHEET TITLE
SEE BELOW FOR CONTINUATIONSEE SHEET C3.6 FOR CONTINUATION SEE ABOVE FOR CONTINUATION SEE SHEET C3.4 FOR CONTINUATION

E WHITMORE AVENUE

E WHITMORE AVENUE

MALIK AVENUE
0 10 2040
SCALE: 1" = 20'

POTHOLE PLAN
STA 42+00 TO 51+00
ITEM 12
15002
12"W
WW
WATER(2)

ABANDONED PUMP
WATER
WATER

COMM VAULT
C

COMM OH LINES PER COMCAST
& CHARTER UTILITY PLATS

UNK UTILITY DD
E
/OH N
E

89.4 89.6

89.4 89.2

89.0 88.9

88.5 87.9

88.4 88.9

88.7 88.8

88.2 88.6

88.9 89.2

89.0 89.1

88.9 88.9 88.9

89.2 89.0

89.2 89.4

DRAIN LINE PER CITY

OF CERES UTILITY PLAT

DRAIN LINE PER CITY

OF CERES UTILITY PLAT

WATER LINE PER CITY

OF CERES UTILITY PLAT

ELEC OH LINE PER

TID UTILITY PLAT

WATER LINE PER CITY

OF CERES UTILITY PLAT

WATER LINE PER CITY

OF CERES UTILITY PLAT

WATER LINE PER CITY

OF CERES UTILITY PLAT
D
DMH
RIM 89.47
D
DMH
RIM 89.47

CATCH BASIN
TC 89.42 @CL
D
DMH
RIM 89.31 CATCH BASIN
TC 89.12 @CL D
DMH
RIM 89.52
TC
RIM 89.44
L 10" 10" L 12"
15001
E
12"W
WATER
WW
WATER

COMMUNICATION LINE PER

CHARTER UTILITY PLAT
IRR
T
SL
T
T
T
T
T

FUEL LINE PER

PG&E UTILITY PLAT
FUEL
FUEL

CFIBER OPTIC
C

FUEL LINE PER

PG&E UTILITY PLAT

COMMUNICATION LINE PER

COMCAST UTILITY PLAT

DETECTOR

DETECTOR

DETECTOR UNK UTILITY DD
E E

89.1 89.2
GB

89.3 GB 89.3
GB

88.7 GB

89.2 89.0

89.0 GB

89.1 89.3

89.2 89.8 89.7

89.6 89.5

89.3 89.4

89.589.5

89.8 89.6

89.6 89.7

89.6 89.8

89.7 89.7 89.9

89.9 89.7

89.7 89.6

89.6 GB

89.5 GB

89.3 GB

89.1 89.6 89.7

89.9 89.6 89.4

DETECTOR

COMMUNICATION LINE

PER AT&T UTILITY PLAT

ELEC LINE PER

TID UTILITY PLAT

WATER LINE PER CITY

OF CERES UTILITY PLAT

WATER LINE PER CITY

OF CERES UTILITY PLAT

STORM LINE PER CITY

OF CERES UTILITY PLAT

SURVEY MONUMENT

SURVEY MONUMENT
D
DMH
RIM 89.65
LEGEND

WHITMORE AVENUE

REHABILITATION PROJECT
STPL-5241 (075)

ENGINEERING DEPARTMENT

DEVELOPMENT SERVICES
"Together We Achieve"
City of Ceres
2220 Magnolia Street (209) 538-5792
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SHEET TITLE

SEE BELOW FOR CONTINUATION
SEE ABOVE FOR CONTINUATION SEE SHEET C3.5 FOR CONTINUATION

E WHITMORE AVENUE

E WHITMORE AVENUEMORGAN ROAD

MORGAN ROAD

POTHOLE PLAN
STA 51+00 TO 60+00
0 10 2040
SCALE: 1" = 20'
ITEM 12

WHITMORE AVENUE

REHABILITATION PROJECT
STPL-5241 (075)

ENGINEERING DEPARTMENT

DEVELOPMENT SERVICES
"Together We Achieve"
City of Ceres
2220 Magnolia Street (209) 538-5792
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SHEET TITLE

POTHOLE PLAN
DATA

POTHOLE DETAIL
ITEM 12

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 26, 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. 202 4-XXX, Approving the Professional Services Agreement with Dokken Engineering f or the Design Services of the Crows Landing Road Rehabilitation Project (New Project String), Approving a Budget Amendment, 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 Dokken Engineering, for the Design Services of the Crows Landing Road Rehabilitation Project in the amount of $756,813.00 and authorize the City Manager to execute the contract.

I. BACKGRO UND:

The pr
oject goal is to install a sewer lift station and a sewer trunk line that will connect to the West Landing Development Area, positive storm drainage, sidewalks, driveways and roadway rehabilitation. Crows Landing Road from Whitmore Avenue to Service Road is a main north-south thoroughfare on the west side of the City. Additionally, this roadway serves the West Landing Development Area, the largest development area in the city at this time.

II. REASONS FOR RECOMMENDATION
:

Key elements of the project include road rehabilitation, approximately one (1) mile of sidewalk, positive storm drainage, a new sewer lift station and approximately one (1) mile of sewer trunk main. This project will also improve the visibility of pedestrians and bicyclists and increase safety, added safety lighting, crosswalk striping, and new Class II bike lanes.

The request for Statements of Qualifications was solicited to any interested Civil Engineering firms on May 28th, 2024, with proposals due on June 27th, 2024. Seven (7) consultants submitted proposals to the City for consideration, and upon review, staff ITEM 13
selected the top 3 and conducted interviews. After interviews, staff selected the most qualified consultant and negotiated the scope and cost with the highest -ranked firm, Dokken Engineering.

III. F ISCAL IMPACTS :

The City has placed the project on the SB1 programming list for funding. The following funds should be appropriated to the project:

$1,253,974 – 27795.800500 (SB1 – RMRA)
$1,000,000 – 27195.800500 (Measure L Local)
$ 425,000 – 55095.800500 (Sewer Main Line)

This project should be given a new project string, a budget amendment is necessary to fund the project in the amount of $1,253,974.00 added to account numbers 27795.800500 (New Project String), $1,000,000 added to account number 27195.800500 (New Project String), and $ 425,000 added to account number 55095.800500 (New Project String) covering PS&E (design documents) and a portion of construction . The contract amount for design services is $756,813.00.

IV. E
XISTING 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. P OLICY 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.

VI. I NTERDEPARTMENTAL 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,
ITEM 13
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Agreement

3. Attachment C – Budget Amendment
ITEM 13
ITEM 13

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH

DOKKEN ENGINEERING FOR THE DESIGN SERVICES OF THE

CROWS LANDING ROAD REHABILITATION PROJECT (NEW

PROJECT STRING), APPROVING A BUDGET AMENDMNET, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, a total of seven (7 ) proposals for the design contract for Crows Landing Road Rehabilitation project were received on June 27th, 2024; and

WHEREAS, a review of the Statements of Qualifications from the evaluation panel identified the top three consultant’s; and

WHEREAS, an interview of the three consultants identified the top consultant to perform the work; and

WHEREAS, the project for the for Crows Landing Road Rehabilitation project was programmed in the Capital Improvement Bu dget in Fiscal Year 2025; and

WHEREAS, the City will receive SB1 funding, previously approved by the City Council, and appropriate to the project in the amount of $ 1,253,000, account 27795.800500, for the Crows Landing Road Rehabilitation project; and

WHEREAS, the City allocated, $425,000, account 55095.800500, for the Crows Landing Road Rehabilitation project in the FY25 budget; and

WHEREAS, the City appropriates, $1,000,000, account 27195.800500, for the Crows Landing Road Rehabilitation project; and

WHEREAS, the Finance department will create a new project string for the Crows Landing Road Rehabilitation project; and

WHEREAS, a budget amendment in the amount of $1,253,000 will be appropriated to account number 27795.800500 (New Project String); and

WHEREAS, a budget amendment in the amount of $1,000,000 will be appropriated to account number 27195.800500 (New Project String); and

WHEREAS, a design fee in the amount of $756,813 has been deemed appropriate for the scope of work.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres ITEM 13

ATTACHMENT A
does hereby approve the professional services agreement with Dokken Engineering for the design services of the Crows Landing Road Rehabilitation Project (new project string), approves a budget amenemdnt, and authorizes the City Manager to execute the agreement.

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 26th 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

1 C

ITY 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 Dokken Engineering, a California corporation with its principal place of business at 110 Blue Ravine Road, Suite 200, Folsom, CA 95630 (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:

Crows Landing Road Rehabilitation.

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 “A” In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $756,813.00. 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.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following

ATTACHMENT B
ITEM 13

2 manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Time of Performance.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.

Consultant shall have no responsibility for jobsite safety or security, and Consultant does not have any control or responsibility over the means and methods of the construction contractor or the construction contractor's subcontractors.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

ITEM 13

3 8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

Consultant makes no other representations and no warranties, whether express or implied, with respect to its services performed under this Agreement.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
ITEM 13

4 (6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts ITEM 13

5 indicated herein. Consultant shall require all sub-consultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of Consultant in the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence / $2,000,000 aggregate for bodily injury, personal injury, and property
damage

Automobile Liability $2,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $2,000,000 per occurrence
Professional Liability $2,000,000 per claim and aggregate (errors and omissions)

(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the ITEM 13

6 insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub- consultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

ITEM 13

7 i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Sub-consultant Insurance Requirements. Consultant shall not allow any subcontractors or sub-consultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or sub-consultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular sub- contractors or sub-consultants.

12. Indemnification .
a. CONTRACTOR the fullest extent permitted by law, Consultant shall indemnify and hold the City, its elected and appointed officials, officers, attorneys, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liabilities, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, "Claims') to the extent caused by any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, consultants in connection with the performance of Consultant's services, the Project or this Agreement, including without limitation the payment of all expert witness fees and reasonable attorney's fees and other related costs and expenses Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

b. Additional Indemnity Obligations. Consultant shall defend, with counsel of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its officials, officers, employees or volunteers. The Parties also acknowledge that this Agreement is subject to California Civil Code 2782.8 as amended and effective January 1, 2018. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, ITEM 13

8 agents or volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its officials, officers, employees, agents, designated volunteers or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse the City, its officials, officers, employees and volunteers, for any and all reasonable legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents and volunteers.

13. California Labor Code Requirements
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall indemnify and hold the City, its officials, officers, employees free and harmless from any claims, liabilities, costs, penalties or interest to the extent caused by negligent failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all sub-consultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all sub-consultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any sub-consultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

14. Verification of Employment Eligibility.

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

15. [reserved]

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Stanislaus, State of California. 17 Termination or Abandonment
ITEM 13

9 a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Jacquelin Lockhart as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Attn: Michael R. Beltran II, PE
CONSULTANT:

Dokken Engineering
110 Blue Ravine Road, Suite 200
Folsom, CA 95360
Attn: Juann Ramos

ITEM 13

10 and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

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

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

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

28. Time of Essence
Time is of critical importance for each and every provision of this Agreement.

29. City’s Right to Employ Other Consultants
ITEM 13

11 City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant represents and confirms that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant represents and confirms that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this obligation, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

ITEM 13

12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF CERES

AND CONSULTANT

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF CERES CONSULTANT

By: By:

Douglas D. Dunford
City Manager Its:

Printed Name:

ATTEST:

By:

Fallon Martin
City Clerk

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Scope of Work
TASK 1.0 | PROJECT MANAGEMENT
TASK 1.1 | GENERAL ADMINISTRATION AND COORDINATION
CONSULTANT Project Manager will oversee all aspects of the project. The CONSULTANT Project Manager will manage the full scope of services and ensure all components of the project meet federal, state and local design and contract requirements. The CONSULTANT Project Manager will coordinate directly with the City Project Manager regarding the project as well as all stakeholders and subconsultants.

TASK 1.2 | PROJECT MEETINGS
CONSULTANT will organize, attend, and facilitate meetings as necessary to provide progress updates, coordinate between technical disciplines, and facilitate overall project communication. For each meeting, CONSULTANT will provide meeting notices, prepare meeting materials and agenda, attend and facilitate the meeting and prepare meeting minutes. CONSULTANT will consult with the City’s Project Manager prior to each meeting to get input regarding the agenda. The following meetings are anticipated for this phase project:

Kickoff Meeting – At the start of the project, CONSULTANT will organize a kickoff meeting with all key personnel on the project. The purpose of this meeting will be to review the goals and objectives of the project, discuss each team member’s roles and responsibilities, identify critical project issues and obtain consensus on task durations, particularly reviews and overall schedule. The kickoff meeting will ensure that everyone on the project team is on the same page regarding project delivery and execution.

PDT Meetings – The project development team (PDT) meetings will serve as the primary forum for reviewing the status of the project and identifying and resolving project issues. Attendees will include CONSULTANT’S Project Manager and task leads as needed, City staff, and other stakeholders, as necessary.

Technical Coordination Meetings – CONSULTANT will coordinate technical issues with the City and others through meetings and correspondence. CONSULTANT will prepare for and facilitate technical meetings, as necessary. ⊲ Deliverables: Meeting Notices, Meeting Agendas, and Meeting Minutes TASK 1.3 | MONTHLY INVOICE AND PROGRESS REPORTS
CONSULTANT will prepare monthly invoices of expenditures for the project. CONSULTANT will prepare progress reports to record the progress of the project and as supporting data for invoices presented monthly to the City. The Progress Report will include accomplished tasks for the month, anticipated progress for the next month, pending issues and schedule completion target dates. CONSULTANT will include the progress reports with delivery of the monthly invoices. ⊲ Deliverables: Monthly Invoices and Progress Reports
TASK 1.4 | PROJECT SCHEDULE
CONSULTANT will provide a detailed project baseline schedule, indicating milestones, major activities and deliverables, to the City for review and comments, and will update the schedule on a monthly basis, to coincide with the PDT meetings, or as required.
⊲ Deliverables: Project Schedule
TASK 1.5 | QUALITY CONTROL
CONSULTANT will have a quality control plan in effect during the entire course of the project and will develop a plan establishing a process to ensure design calculations are independently checked. Exhibits and plans will also be checked, corrected, and back checked for accuracy and completeness. CONSULTANT will review subconsultant submittals to ensure that appropriate background information, study methodology, interpretation of data, format and content are completed in accordance with current standards.
⊲ Deliverables: Quality Control Plan
TASK 2.0 | SURVEYING AND RIGHT OF WAY MAPPING
TASK 2.1 | TOPOGRAPHIC SURVEY AND MAPPING
CONSULTANT will establish horizontal and vertical control derived from approved City of Ceres NAD83, California State Plane Coordinates and NAVD88 benchmarks or will utilize any other preferred survey control for the project.

CONSULTANT will perform design level (non-aerial) topographic surveying and base mapping along the project limits.

The limits are an approximately 2 mile strip along Crows Landing Road from Whitmore Avenue to Service Road. The width of the survey will cover the full right of way and approximately 15 feet beyond where accessible, including 50 feet along all intersecting roads. The ground survey will include, but not be limited to the following: curbs, gutters, sidewalks, edge of pavement (or road), medians, curb ramps and returns, walls, structures, fences, poles, signs, signals, cabinets, driveways, trees, landscaping, ditches, culverts, grade breaks, striping and markings, storm drain structures or inlets, ITEM 13
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sanitary sewer manholes, cleanouts, water valves, meters, fire hydrants, gas valves, USA utility paint (marked by others) and all visible underground and overhead facilities within the project limits. CONSULTANT will perform measurements to all relative sewer and storm drain structures for invert, pipe size and flow direction. Roadway cross-sections will be taken at 50 feet intervals or closer and will include all grade breaks, center crown, quarter crown, change in directions and curve points. CONSULTANT will set durable control points along the project corridor for future surveys and construction control.

CONSULTANT will perform base mapping of all topographic information to include planimetrics, 1’ contours and digital 3D surface. All topographic data will be downloaded, processed and reviewed by CONSULTANT staff for internal quality assurance. The topographic data will be mapped in Civil 3D AutoCAD, including a digital terrain model (DTM) in an XML file and 3D surface model. CONSULTANT will provide a best available ortho-rectified image as a visual aid along the project limits.
⊲ Deliverables: AutoCAD Topographic Survey Base Map, Points Files TASK 2.2 | BOUNDARY AND RIGHT OF WAY SURVEYS [OPTIONAL] C
ONSULTANT will attain current right of way maps, deeds, record of surveys, parcel maps, subdivision maps, corner records and other relevant mapping information along the project corridor to determine the right of way and adjacent parcel boundaries. A right of way and boundary base map will be prepared to assist with searching for monuments and right of way boundaries. GPS and conventional surveys will be performed to locate right of way monuments, pins, pipes, wells and other boundary markers necessary to resolve and map the right of way and relevant adjoining parcels. An overall (LAND NET) base map will be prepared as the basis of the right of way and parcel boundaries that will include road and parcel information.

The boundaries and right of way map will be prepared from readily available record information. To fully discern right of way, easement and other property constraints, title reports may be necessary to fully resolve property and right of way boundaries. CONSULTANT will provide title reports of certain properties which may be affected by the project or where record information is incomplete to determine the right of way. ⊲ Deliverables: Right of Way and Boundary Base LANDNET Map, Title Report TASK 3.0 | ENGINEERING STUDIES
TASK 3.1 | EXISTING DATA COLLECTION AND FIELD REVIEW
CONSULTANT will obtain and review available data related to the project from the City and other stakeholders. Existing data includes, but not limited to as-built plans, previous engineering, existing utility information provided by the City, existing right of way mapping, etc. CONSULTANT will also conduct a field review, within the project area to identify and document physical features, potential design constraints and other field considerations. Field information will be recorded using field notes and digital photos.

TASK

3.2 | PRELIMINARY DESIGN
Based on existing data gathered, field review notes and project mapping, CONSULTANT will prepare exhibits with the preliminary roadway, pedestrian improvements, storm drain, and sewer design. CONSULTANT will work with the City to obtain consensus on the preliminary design.
⊲ Deliverables: Project Exhibits
TASK 3.3 | DRAINAGE MEMO
CONSULTANT will review existing drainage patterns respective of the proposed improvements. Hydrologic and hydraulic analyses will be performed to properly size and design impacted facilities in accordance with the City design criteria including basins. Results of the analysis and a summary of the project drainage will be documented in a Drainage Memo.
⊲ Deliverables: Drainage Memo
TASK 3.4 | WATER QUALITY MEMO
CONSULTANT will analyze water quality best management practices and low impact development features for implementation in the project as needed to meet the City’s MS4 permit requirements. Results of the analysis and design will be summarized in a Water Quality Memo.
⊲ Deliverables: Water Quality Memo

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TASK 3.5 | GEOTECHNICAL INVESTIGATION
CONSULTANT will explore and evaluate the subsurface conditions in select locations within the project area and provide design-level geotechnical recommendations to support design of the project. This investigation will include a field exploration program, geotechnical laboratory testing, engineering analysis, and preparation of a draft and final Geotechnical Design Report addressing proposed pavement rehabilitation strategy. To prepare the report, CONSULTANT will:
• Perform a limited geologic/geotechnical literature review to aid in evaluating the geologic and geotechnical conditions in the project area.
• Review available project maps and plans to select exploration locations. • Perform a site reconnaissance to review project limits, existing conditions, and to evaluate access. • Mark out exploratory excavation locations in the field for subsequent utility clearance. • Notify subscribing utility companies via Underground Service Alert (USA) a minimum of two-working days (as required by law) prior to performing exploratory excavations at the site. • Apply for and pay the required fees to obtain a drilling permit from the Stanislaus County Department of Environmental Resources (SCDER).
• Apply for and obtain an encroachment permit from the City (CONSULTANT assumes the fee will be waived for this City project).
• Provide necessary traffic control measures during fieldwork. • Perform six (6) pavement cores using a portable electric core drill. Pavement cores will be retained for reference and photo documentation.
• Perform four (4) exploratory borings using a truck-mounted drill rig equipped with auger drilling equipment.

Planned boring depths will be 15 to 20 feet, depending on conditions encountered. Three borings will be located between Service Road and Hackett Road, the proposed limits of the new sewer main. One boring will be located north of Hackett Road, in case the sewer main is installed farther north. • Measure the existing pavement section material thicknesses (HMA and AB, if present) at each core location. • Obtain representative material samples (asphalt, AB, and subgrade soil) from the cores and borings. • Upon completion, backfill the borings in accordance with SCDER permit requirements and restore the surface with rapid-set concrete. CONSULTANT will backfill the cores with excess excavated material and restore the surface with rapid-set concrete. CONSULTANT assumes that saw cutting and patching the core/boring locations with HMA is not required and therefore, have excluded this effort from our fee estimate. If this is subsequently required by the City/County, additional fees will apply.
• Excess soil cuttings will spread in unpaved portions of the City right-of-way. • Perform up to three (3) laboratory R-Value tests to evaluate pavement support characteristics within the project limits.
• Perform other laboratory tests on selected samples to determine pertinent geotechnical parameters. • Perform an FDR mix design laboratory testing program in general accordance with Section 30-4 of the Caltrans Standard Specifications.
• Analyze field and laboratory data and prepare a summary report to include (but not limited to) the following:
o Site Plan showing locations of pavement cores and borings. o Description of site geology and boring logs of subsurface conditions, including depth to groundwater, if encountered.
o Existing pavement structural section material thicknesses encountered at the core locations. o Laboratory test results.
o Anticipated excavation characteristics.
o Temporary excavation conditions and shoring considerations. o Utility trench excavation and backfill recommendations. o Pavement rehabilitation recommendations.
o Concrete sidewalk, curb, and gutter recommendations.
o Construction considerations.

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CONSULTANT will submit a draft report for design team review. CONSULTANT will address any comments prior to finalizing the report.
⊲ Deliverables: Geotechnical Design Report
TASK 3.6 | RIGHT OF WAY REQUIREMENTS
CONSULTANT will prepare a Right of Way Requirements Map based on the right of way necessary for the proposed project basin and potential sewer lift station. The Right of Way Requirements Map will define all property acquisitions/dedications as well as any easement areas required. ⊲ Deliverables: Right of Way Requirements Map
TASK 4.0 | UTILITY COORDINATION
TASK 4.1 | UTILITY A LETTERS
CONSULTANT will prepare Utility “A” letters and project exhibits for distribution to all potentially impacted utility owners.

The base plans will be clearly marked “A Plans” and the transmittal letter will clearly identify this project as a City project.

These plans will include proposed project limits, right of way limits, proposed roadway geometry, and visible known features. Response from the utility owner will be requested within 15 days of receipt of the “A” plans. As-built utility information and planned utility information will be obtained and provided to the City for their records. In addition, CONSULTANT will contact the utility owner directly to verify the request has been received. CONSULTANT will incorporate the obtained maps and utility information to compile a utility base map. Additionally, CONSULTANT will prepare and maintain a utility coordination log for tracking all communications and submittals with each of the utilities. ⊲ Deliverables: Utility A Letters, Utility Base Mapping, Utility Coordination Log TASK 4.2 | UTILITY POTHOLING
CONSULTANT will prepare a potholing plan for potholing existing utilities to determine conflicts. CONSULTANT will provide staff onsite during potholing activities; however, the potholing will be performed by the City. CONSULTANT will provide survey of the potholing activities.
⊲ Deliverables: Utility Potholing Plan
TASK 4.3 | UTILITY B LETTERS
CONSULTANT will prepare Utility “B” letters and conflict maps for all potentially impacted utilities. The base plans will be clearly marked “B Plans” and the transmittal letter will clearly identify this project as a City project. These plans will include proposed project limits, right of way limits, proposed roadway geometry, and visible known features. The “B” plans initiate any needed utility relocations.

Utility owners will be allowed 30 days to respond to the “B” plans on a standard response form that includes a description of utility conflicts and approximate relocation schedules. CONSULTANT will coordinate closely with the utility owners during this period and follow up regularly with the owners. CONSULTANT will coordinate, schedule and lead utility coordination meetings with the utility owners, as needed. ⊲ Deliverables: Utility B Letters, Conflict Maps
TASK 4.3 | UTILITY C LETTERS
CONSULTANT will develop a Utility “C” Letters and Notice to Owners (NTO) for each of the utilities to be relocated within the project area. CONSULTANT will prepare the utility agreements under coordination with the City. CONSULTANT will coordinate, schedule and lead utility coordination meetings to discuss relocations, as needed. ⊲ Deliverables: Utility C Letters, Notice to Owners, Utility Agreements TASK 5.0 | FINAL DESIGN
TASK 5.1 | 65% PLANS, SPECIFICATIONS, AND ESTIMATE
CONSULTANT will prepare 65% plans based on the preliminary geometrics. The title sheet will include an index of sheets, legend, location map and project limits. The typical section sheets will include original ground, traveled way, shoulders, curb and gutters, cut/fill slopes, right of way, and existing/proposed structural sections.

The plan/profile sheets will be prepared at 1” = 40’ and will conform to the requirements established by the City. The plans will include the geometric data required to construct the project. Horizontal callouts will include a centerline station line, bearings/distances of tangents, horizontal curve data, conform stations, angle points, roadway dimensions and the identification of any physical features such as curb and gutter, edge of pavement, AC dike, and fences. Existing and proposed right of way, utilities, water, sewer, and drainage will be identified in plan view. The profile will include original ground and profile grade information. Drainage and sewer design shown in the profile will include inlet/manhole locations with station, offset, pipe layouts and sizes. The plans will also include details for specific locations where more detailed information is needed, including conform tie-ins, curb ramps, driveways, and well as ITEM 13
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sewer and drainage details. Erosion control sheets will be prepared to stabilize and restore disturbed areas. Electrical plans will be included at signal locations for traffic detection cameras.

CONSULTANT will prepare Special Provisions Specifications for the project based on the City’s Standard Special Provisions and Standard Specifications. Specifications will be modified as appropriate to the meet the project needs. As necessary, the Special Provisions will be supplemented by Caltrans Standard Specifications and Special Provisions.

CONSULTANT will prepare an Engineer’s Estimate of construction costs, based on preliminary quantity takeoffs and current unit prices. A reasonable upward adjustment will be applied to all bid quantities that may vary during construction to allow for any necessary design adjustments. ⊲ Deliverables: 65% Plans, Specifications and Estimate TASK 5.2 | 100% PLANS, SPECIFICATIONS, AND ESTIMATE
CONSULTANT will prepare 100% plans, specifications and estimate based on the 65% submittal and review comments.

CONSULTANT will prepare cross sections for the project at 50-foot intervals. Additional cross sections will be prepared at specific unique locations along the project, as needed. The cross sections will show existing and proposed grades, structural section, roadway improvements, cut/fill limits, and conform limits. ⊲ Deliverables: 100% Plans, Specifications, and Estimate TASK 5.3 | FINAL CONTRACT DOCUMENTS
CONSULTANT will prepare Final Contract Documents for the plans, specifications, and estimate based on the 100% submittal and review comments. CONSULTANT will review the final documents a final time for consistency between the plans, specifications and estimate. The Final Contract Documents will be submitted to the City ready for advertisement. ⊲ Deliverables: Final Contract Documents
TASK 5.4 | SEWER LIFT STATION DESIGN [OPTIONAL]
C
ONSULTANT will prepare full PS&E design for a sewer lift station. The sewer lift station plans, estimate and specifications will be incorporated into the overall package for each PS&E deliverable included in this scope. This effort assumes a simple lift station design, single speed pumps, no building is assumed, no HVAC systems are assumed, controls, and SCADA tie-in.
⊲ Deliverables: Sewer Lift Station PS&E
TASK 6.0 | BIDDING SUPPORT
TASK 6.1 | RESIDENT ENGINEER FILE
CONSULTANT will prepare a Resident Engineer (RE) file to include detailed quantity calculations, roadway cross sections, design reports, and any additional information gathered during design that may be found useful by the RE. ⊲ Deliverables: Resident Engineer File
TASK 6.2 | BIDDING SUPPORT
CONSULTANT will provide assistance, as required, to the City during bidding of the project. This work may include answering questions from prospective bidders, attending a pre-bid meeting, preparation of addenda to the PS&E during advertisement period, and providing consultation and interpretation of the construction documents. ⊲ Deliverables: Bidding Addenda, Response to Bidder Questions

ITEM 13
COST PROPOSAL ‐ HOURS BREAKDOWN BY TASK
CITY OF CERES
ENGINEERING SERVICES FOR THE CROWS LANDING ROAD REHABILITATION WHITMORE AVENUE TO SERVICE ROAD August 5, 2024
Juan Ramos, PE
Principal in Charge &
QA/QC Manager
Jacqueline Lockhart, PE*
Project Manager
Robert Denison, PE*
Project Engineer
Ashley Orsaba‐Finders, PE,
QSD/P*
Water Resources Lead
Joe Ostdiek, PE, TE*
Electrical Design Lead
Senior Engineer 3
Associate Engineer 2
Associate Engineer 1
Assistant Engineer 2
Assistant Engineer 1
Senior Engineer
Project Engineer
Senior Staff Engineer /
Geologist
Drafting
Word Processing
Fi
eld Technician (PW)
BILLING RATES* $375 $255 $185 $255 $235 $285 $195 $165 $145 $125 $185 $155 $145 $110 $95 $140 TASK 1.0 | PROJECT MANAGEMENT 50 144 40 234 $3,835 $66,705 Task 1.1 | General Administration and Coordination 10 60 70 $1,162 $20,212 Task 1.2 | Project Meetings 30 20 50 $692 $12,042
Task 1.3 | Monthly Invoice and Progress Reports 24 24 $373 $6,493 Task 1.4 | Project Schedule 10 20 30 $381 $6,631
Task 1.5 | Quality Control 40 20 60 $1,226 $21,326
TASK 2.0 | SURVEYING AND RIGHT OF WAY MAPPING 4 12 16 $198 $3,438 Task 2.1 | Topographic Survey and M apping 2 8 10 $121 $2,111 Task 2.2 | Boundary and Right of Way Surveys [OPTIONAL] 24 6 $76 $1,326 TASK 3.0 | ENGINEERING STUDIES 14 40 18 8 32 176 160 448 $4,143 $72,063 4 6 48 6 4 10 78 $18,930 $30,000 Task 3.1 | Existing Data Collection And Field Review 2 8 12 22 $228 $3,958 Task 3.2 | Preliminary Design 8 20 6 8 30 24 96 $987 $17,167 Task 3.3 | Drainage Memo 2 6 16 80 100 204 $1,747 $30,387 Task 3.4 | Water Quality Memo 2 6 16 40 36 100 $905 $15,745 Task 3.5 | Geotechnical Investigation 2 4 6 12 $129 $2,249 Task 3.6 | Right of Way Requi rements 2 4 8 14 $147 $2,557 4 6 48 6 4 10 78 $18,930 $30,000 TASK 4.0 | UTILITY COORDINATION 12 44 62 72 190 $1,781 $30,971 Task 4.1 | Utility A Letters 2 4 16 22 $218 $3,788
Task 4.2 | Utility Potholing 4 14 24 42 $352 $6,122
Task 4.3 | Utility B Letters 4 12 16 24 56 $522 $9,082
Task 4.4 | Utility C Letters 6 24 16 24 70 $689 $11,979 TASK 5.0 | FINAL DESIGN 44 252 33 88 132 60 344 720 900 2573 $25,005 $50,000 $484,920 Task 5.1 | 65% Plans and Estimate 24 160 10 60 160 360 420 1,194 $11,192 $194,662 Task 5.2 | 100% Plans, Specifications and Estimate 12 60 6 24 100 180 200 582 $5,425 $94,355 Task 5.3 | Final Contract Documents 8 32 1 4 12 24 60 80 221 $2,149 $37,384 Ta
sk 5.4 | Sewer Lift Station Design [OPTIONAL] 16 120 60 60 120 200 576 $6,239 $50,000 $158,519 TASK 6.0 | BIDDING SUPPORT 6 32 36 74 $773 $13,443
Task 6.1 | Resident Engineer File 2 8 12 22 $228 $3,958 Task 6.2 | Bidding Support 4 24 24 52 $545 $9,485
TOTAL HOURS WITHOUT OPTIONAL TASKS 50 222 416 35 88 12 8 316 874 932 2,953 4 6 48 6 4 10 78 TOTAL COST WITHOUT OPTIONAL TASKS $18,750 $56,610 $76,960 $8,925 $20,680 $3,420 $1,560 $52,140 $126,730 $116,500 $29,419 $511,694 $740 $930 $6,960 $660 $380 $1,400 $18,930 $30,000 TOTAL HOURS WITH OPTIONAL TASKS 50 224 420 51 88 132 68 376 994 1,132 3,535 4 6 48 6 4 10 78 TOTAL COST WITH OPTIONAL TASKS $18,750 $57,120 $77,700 $13,005 $20,680 $37,620 $13,260 $62,040 $144,130 $141,500 $35,734 $50,000 $671,539 $740 $930 $6,960 $660 $380 $1,400 $18,930 $30,000 *Billing Rates will be adjusted in January of each Calendar year by 5%, rounded to the nearest multiple of $5.

TOTAL
COST
GEOCON CONSULTANTS, INC.

TASK DESCRIPTION
TOTAL
HOURS
OTHER
DIRECT
COST
TOTAL
HOURS
TOTAL
COST
DOKKEN ENGINEERING
OTHER
DIRECT
COST

ESCALATION

Page 1 of 2 ends

ITEM 13
COST PROPOSAL ‐ HOURS BREAKDOWN BY TASK
CITY OF CERES
ENGINEERING SERVICES FOR THE CROWS LANDING ROAD REHABILITATION WHITMORE AVENUE TO SERVICE ROAD August 5, 2024
BILLING RATES*
TASK 1.0 | PROJECT MANAGEMENT
Task 1.1 | General Administration and Coordination
Task 1.2 | Project Meetings
Task 1.3 | Monthly Invoice and Progress Reports
Task 1.4 | Project Schedule
Task 1.5 | Quality Control
TASK 2.0 | SURVEYING AND RIGHT OF WAY MAPPING
Task 2.1 | Topographic Survey and Mapping
Task 2.2 | B oundary and Right of Way Surveys [OPTIONAL] TASK 3.0 | ENGINEERING STUDIES
Task 3.1 | Existing Data Collection And Field Review
Task 3.2 | Preliminary Design
Task 3.3 | Drainage Memo
Task 3.4 | Water Quality Memo
Task 3.5 | Geotechnical Investigation
Task 3.6 | Right of Way Requirements
TASK 4.0 | UTILITY COORDINATION
Task 4. 1 | Utility A Letters
Task 4.2 | Utility Potholing
Task 4.3 | Utility B Letters
Task 4.4 | Utility C Letters
TASK 5.0 | FINAL DESIGN
Task 5.1 | 65% Plans and Estimate
Task 5.2 | 100% Plans, Specifications and Estimate
Task 5.3 | Final Contract Documents
Task 5.4 | Sewer Lift Station Des ign [OPTIONAL]
TASK 6.0 | BIDDING SUPPORT
Task 6.1 | Resident Engineer File
Task 6.2 | Bidding Support
TOTAL HOURS WITHOUT OPTIONAL TASKS
TOTAL COST WITHOUT OPTIONAL TASKS
TOTAL HOURS WITH OPTIONAL TASKS
TOTAL COST WITH OPTIONAL TASKS
*Billing Rates will be adjusted in January of each Calendar year by 5%, rounded to the n TASK DESCRIPTION
Rob Markes
Survey Manager
Ryan Ming, PLS
Senior Land Surveyor
Todd Jordan, PLS
Land Surveyor
Roy Porter, LSIT
Land Surveyor
Staff
Party Chief
Staff
Rodman
Staff
Survey
Technician/Drafter
$237.08 $189.53 $142.79 $109.11 $230.27 $210.14 $86.21
234 $66,705
70 $20,212
50 $12,042
24 $6,493
30 $6,631
60 $21,326
12 24 8 60 104 16 72 296 $1,826 $50,426 312 $1,826 $53,864 8 8 80 16 72 184 $1,826 $32,856 194 $1,826 $34,967
4 24 60 24 112 $17,570 118 $18,896
526 $18,930 $102,063
22 $3,958
96 $17,167
204 $30,387
100 $15,745
12 $2,249
92 $18,930 $32,557
2 16 8 26 $4,848 216 $35,819
22 $3,788
2 16 8 26 $4,848 68 $10,970
56 $9,082
70 $11,979
2573 $50,000 $484,920
1,194 $194,662
582 $94,355
221 $37,384
576 $50,000 $158,519
74 $13,443
22 $3,958
52 $9,485
10 8 96 16 80 210 3,241
$2,371 $1,142 $22,106 $3,362 $6,897 $1,826 $37,704 $20,756 $579,398 14 24 8 60 120 16 80 322 3,935
$3,319 $4,549 $1,142 $6,547 $27,632 $3,362 $6,897 $1,826 $55,274 $70,756 $756,813 UNICO ENGINEERING
TOTAL
HOURS
OTHER
DIRECT
COST
TOTAL
COST
GRAND
TOTAL
COSTS
OTHER
DIRECT
COSTS
GRAND
TOTAL
HOURS

Page 2 of 2 ends

ITEM 13
DOKKEN ESCALATION CALCULATION
Direct Labor Total Hours per Avg 5 Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
= $165.72 Year 1 Avg
Hourly Rate
Avg Hourly Rate Proposed Escalation
Year 1 + 5.0% = $174.00 Year 2 Avg Hourly Rate
Year 2 + 5.0% = $182.70 Year 3 Avg Hourly Rate
Year 3 + 5.0% = $191.84 Year 4 Avg Hourly Rate
Year 4 + 5.0% = $201.43 Year 5 Avg Hourly Rate
Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year
Year 1 * 3,535 = 707 Estimated Hours Year 1
Year 2 * 3,535 = 1414 Estimated Hours Year 2
Year 3 * 3,535 = 1414 Estimated Hours Year 3
Year 4 * 3,535 = 0 Estimated Hours Year 4
Year 5 * 3,535 = 0 Estimated Hours Year 5
Total Total = 3,535
Avg Hourly Rate Estimated hours
(Calculated above) (Calculated Above)
Year 1 * 707 = Estimated Hours Year 1
Year 2 * 1414 = Estimated Hours Year 2
Year 3 * 1414 = Estimated Hours Year 3
Year 4 * 0 = Estimated Hours Year 4
Year 5 * 0 = Estimated Hours Year 5
Total Direct Labor Cost with Escalation =
Direct Labor Subtotal before Escalation =
Estimated total of Direct Labor Salary Increase = Transfer to Page 1 NOTES:

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided. $35,734.11

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
$191.84 $0.00
$201.43 $0.00
$621,539.11
$585,805.00
$182.70 $258,340.01

40.0%

0.0%

0.0%
100.000%

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Cost Per
Year
$165.72 $117,161.00
$174.00 $246,038.10

40.0%

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) $585,805.00 3,535

1. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) $165.72
$174.00
$182.70
$191.84

3. Calculate estimated hours per year (Multiply estimate % each year by total hours)

20.0%

Page 1 of 1 ends

ITEM 13
Crows Landing Rehabilitation
7/23/2024

JUL AUG NOVOCTFEBJAN SEP DEC
2025

MAR APR MAY JUN
Complete Project
Utility Conflict Mapping/Agreements
100% Plans, Specifications, and Estimate
Existing Data Collection and Field Review

DECAUG SEP
Topographic and Right of Way Survey/ Mapping
Preliminary Design and Reports (Roadway,
Drainage, Sewer)
NOV
65% Plans and Estimate
Geotechnical Investigation
MILESTONE 2024
OCT
Notice to Proceed

MAR APR MAY JUN JUL DECOCTAUG SEP NOV
2026

JAN FEB
Construction
Bidding & Award
City Review
Utility A Letters and Mapping
Utility Potholing
Final Contract Documents
City Review
ITEM 13
ITEM 13
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 13
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 26, 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, Approving the Application to Stanislaus Council of Governments for the Carbon Reduction Program Grant to Reimburse up to 88.53% of the Design and Construction of a Project to be Determined
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council ratify a submission application to the Stanislaus Council of Governments, for the Carbon Reduction Program Grant to reimburse up to 88.53% of the design and construction of a project to be determined.

I. BACKGROUND:

The Carbon Reduction Program (CRP) is a five- year program for projects that reduce transportation carbon dioxide emissions. The program was established by the Infrastructure Investment and Jobs Act of 2021, also known as the Bipartisan Infrastructure Law, and is overseen by the Federal Highway Administration (FHWA).

California receives about $110 million annually over the five years of formula funding, managed through the California Department of Transportation (Caltrans). Most of these funds are provided to the Metropolitan Planning Organizations (MPOs) and Regional Transportation Planning Agencies (RTPAs) in the form of “Local CRP”. MPOs, such as StanCOG, may select their own project prioritization process, so long as it aligns with the three pillars of California’s Carbon Reduction Strategy. These three pillars are:
• Zero-Emission Vehicles and Infrastructure
• Active Transportation and Micromobility
• Rail and Transit
StanCOG must use an adopted, performance- driven, and regionwide process to select projects for Local CRP funding. StanCOG may not suballocate funding. Local CRP may ITEM 14
be spent on any project. Most projects require a non-federal match of 11.47%; however, California’s toll credits may be eligible to waive the match, judged on a case- by-case basis, per Caltrans’ Carbon Reduction Program Team, Division of Local Assistance, and the Division of Budgets.

The StanCOG Regional Transportation Plan/Sustainable Communities Strategy outlines the long- term vision for the Stanislaus region. Within the plan are eleven key goals, including Mobility and Accessibility, Social Equity, Environmental Quality, Safety and Health, and Congestion Management. These goals dovetail with the StanCOG 2021 Non- Motorized Transportation Master Plan, which identifies key bicycle and pedestrian corridors for investment in all incorporated cities and across the unincorporated county.

To achieve the long- range vision of both plans, StanCOG will only be accepting active transportation projects which fall under the “Active Transportation and Micromobility” pillar of the statewide strategy. Projects shall encourage the increased use of active modes of transportation, such as biking and walking, or micromobility options such as bikeshare or scooters. Eligible projects shall:
• Increase the proportion of trips accomplished by biking and walking. • Increase the safety and mobility of non-motorized users. • Enhance public health, including reduction of childhood obesity using public programs including, but not limited to, projects eligible for Safe Routes to School Program funding.
• Ensure that disadvantaged communities fully share in the benefits of the program.

The Engineering Department has not yet determined a project for the grant.

II. REASONS FOR RECOMMENDATION :

This grant will allow for the design and possible construction of a significant project within the city for the community to use. The project will enhance overall safety for pedestrians, bicyclists and vehicles, while reducing carbon emissions.

III. FISCAL IMPACTS:

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

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

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

V. POLICY ALTERNATIVES:

N/A

ITEM 14
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOL LOWING APPROVAL:

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

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

1. Attachment A – Resolution
ITEM 14
ITEM 14

RESOLUTION NO. 2024-XXX

APPROVING THE APPLICATION TO STANISLAUS COUNCIL OF

GOVERNMENTS FOR THE CARBON REDUCTION PROGRAM GRANT
TO REIMBURSE UP TO 88.53% OF THE DESIGN AND

CONSTRUCTION OF A PROJECT TO BE DETERMINED

THE CITY COUNCIL
City of Ceres

WHEREAS, the Carbon Reduction Program was created by the Infrastructure Investment and Jobs Act of 2021, 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

WHEREAS, the City will apply for maximum funding from the program; and

WHEREAS, 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 approve the application to the Stanislaus Council of Governments for the Carbon Reduction Program G rant to r eimburse up to 88.53% of the d esign and construction of a project to be determined.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26
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

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 26, 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. 202 4-XXX, Approving the Application to
CALTRANS for the Highway Safety Improvement Program Grant to Reimburse up to 100% of the Design and Construction of a Project to be Determined
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council ratify a submission application to CALTRANS , for the Highway Safety Improvement Program G rant to r eimburse up to 100% of the d esign and construction of a project to be determined.

I. BACKGROUND:

The Infrastructure Investment and Jobs Act (IIJA), aka Bipartisan Infrastructure Law (BIL), was signed into law by President Biden on November 15, 2021. Under IIJA, the Highway Safety Improvement Program (HSIP), codified as Section 148 of Title 23, United States Code (23 U.S.C §148), is a core federal -aid program to States for the purpose of achieving a significant reduction in fatalities and serious injuries on all public roads. The Division of Local Assistance (DLA) manages California's local agency share of HSIP funds. California's Local HSIP focuses on infrastructure projects with nationally recognized crash reduction factors (CRFs). Local HSIP projects must be identified on the basis of crash experience, crash potential, crash rate, or other data-supported means.

The Engineering Department has not yet determined a project for the grant.

II. REAS
ONS FOR RECOMMENDATION:

This grant will allow for the design and possible construction of a significant project within the city for the community to use. The project will enhance overall safety for pedestrians, bicyclists and vehicles, while reducing carbon emissions.

ITEM 15

III. FISCAL IMPACTS:

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

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

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

V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

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

Approved by: ___________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution
ITEM 15

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING THE APPLICATION TO CALTRANS FOR THE HIGHWAY

SAFETY IMPROVEMENT PROGRAM GRANT TO REIMBURSE UP TO
100% OF THE DESIGN AND CONSTRUCTION OF A PROJECT TO BE

DETERMINED

THE CITY COUNCIL
City of Ceres

WHEREAS, the Highway Safety Improvement Program is funded by the Infrastructure Investment and Jobs Act of 2021, 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

WHEREAS, the City will apply for maximum funding from the program; and

WHEREAS, the Engineering Department has a regular need for grant funding to complete engineering projects throughout the City.

NOW, THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby approve the application to CALTRANS for the Highway Safety Improvement Program Grant to reimburse up to 100% of the design and construction of a project to be determined.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26
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 15
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 26, 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 Police Department Ford Explorer Fleet Replacement from Rush Truck Center
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the purchase of one Ford Explorer for the Police Department fleet replacement from Rush Truck Center.

I. BACKGROUND:

During the annual budget process, the Fleet Replacement fund collects monies from all City Departments for the replacement of aging vehicles. Police Department Ford Explorer #10-109-17 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 one quote for the replacement.

II. REASONS FOR RECOMMENDATION:

Replacement of vehicle #10-109-17 for $63,583.10 was approved in the FY 2024/25 Fleet Budget. Rush Truck Center , an approved Sourcewell local vendor, provided proposals for a total amount of $63,583.10. Staff is requesting a purchase order to proceed with the purchase.

III. FISCAL IMPACTS:

The cost of $63,583.10 was approved and programmed in the FY 2024/25 budget in Vehicle Replacement account 61020.051100.

ITEM 16
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.

V. POLICY ALTERNATIVES:

S
hould the Council decide not to approve the purchase, staff will not have adequate vehicles necessary to continue providing a high level of support and assistance to the community or continue with daily tasks in a timely manner.

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 Rush Truck Center.

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

1. Attachment A – Resolution

2. Attachment B – Rush Truck Center Quote (PD)
ITEM 16

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING THE PURCHASE OF ONE POLICE DEPARTMENT FORD EXPLORER

FLEET REPLACEMENT FROM RUSH TRUCK CENTER

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, Police Ford Explorer vehicle #10- 109-17 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 proposals for the replacements; and

WHEREAS, the combined replacement cost of $ 63,583.10 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 a pprove the purchase of one Police Department Ford Explorer fleet replacement from Rush Truck Center.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26
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
ITEM 16

ATTACHMENT B
ITEM 16

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 26, 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. 2024-X XX, Approving a One (1 ) Year Agreement with Ceres Youth Soccer Organization for U se of the Ceres River Bluff Regional Park and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the Council approve a one (1) year agreement between the Ceres Youth Soccer Organization (CYSO) and the City of Ceres for use of the Ceres River Bluff Regional Park (CRBRP) and authorize the City Manager to execute the agreement.

I. BACKGROUND:

CY
SO has provided youth the opportunity to play organized soccer in Ceres for over 30 years. Their program has improved the fitness of our youth and allowed them to learn discipline, sportsmanship, and teamwork. Furthermore, organized soccer improves physical coordination and, in many cases, builds lasting friendships. CYSO is a nonprofit organization that relies on volunteers to serve as the Board of Directors and coaches for all teams. CYSO has worked in cooperation with the City to help maintain the soccer fields at CRBRP, upgrade some of the aging equipment at the facility, and ensure the park is kept in good condition.

The City has, for many years, assisted CYSO for the benefit of the youth in the community and seeks to continue this relationship. CYSO wishes to conduct its soccer program in Ceres through the use of facilities owned by the City. This agreement provides both parties the ability to achieve these goals. The City will receive nominal fees based on registration fees and facility-use fees, which will help offset some of the maintenance and operation costs.

ITEM 17
II. REASONS FOR RECOMMENDATION:

The previous agreement between CYSO and the City expired on August 1, 2024. This agreement will allow CYSO teams to have sole use of all soccer fields starting the 3rd Saturday of August through the 1st Saturday in November for their recreational league and priority use of two fields from January to February for the Bill Meyer Recreational Mini season and their Spring Competitive League.

The Parties developed an agreement between CYSO and the City for the duration of one years, wherein CYSO will remit $7.00 per registered player per season for Recreation and Competitive league teams help offset part of the maintenance and operation costs at CRBRP. CYSO Recreation will pay the C ITY a $7.00 per hour per field fee. CYSO Competitive will pay the CITY a $15.00 per hour per field.

III. FISCAL IMPACTS:

The revenues and expenses that pertain to this contract are included in the current budget.

V. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Community engagement: Establish strong relationships with all sectors of the community, recognizing its cultural diversity and increase their involvement in creating the future of the City.

VI. POLICY ALTERNATIVES:

Council could choose to not approve the Contract.

VII. PUBLIC PARTICIPATION:

The Recreation Division consulted with the Public Works Department regarding maintenance issues at CRBRP during the formation of the agreement with the CYSO.

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Following Council approval and direction, t he City Manager will execute the one-year agreement with CYSO.

Approved by: _____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – CYSO Agreement
ITEM 17

ATTACHMENT A
RESOLUTION NO. 2024-XX

APPROVING A ONE (1) YEAR AGREEMENT WITH CERES YOUTH

SOCCER ORGANIZATION FOR USE OF THE CERES RIVER BLUFF

REGIONAL PARK AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, The Ceres Youth Soccer Organization wishes to conduct a youth soccer program in the City of Ceres to serve the youth of the community through the use of River Bluff Regional Park Soccer Complex provided by the City; and

WHEREAS, The City of Ceres wishes to assist the youth soccer program sponsored by CYSO for the youth of the community; and

WHEREAS, The Ceres Youth Soccer Organization has signed an agreement with the City of Ceres to implement said youth soccer program; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a one (1) year agreement with Ceres Youth Soccer Organization for use of the Ceres River Bluff Regional Park and authorizes the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26
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 17
ITEM 17

ATTACHMENT B

AGREEMENT BETWEEN THE CITY OF CERES

AND CERES YOUTH SOCCER ORGANIZATION

THIS AGREEMENT is made by and between the City of Ceres, hereinafter referred to as the "CITY" and CERES YOUTH SOCCER ORGANIZATION, hereinafter referred to as "CYSO",

WHEREAS, CYSO wishes to conduct youth soccer programs in Ceres to serve the youth of the community through the use of facilities owned by the CITY and

WHEREAS, the CITY wishes to assist the youth soccer program sponsored by CYSO for the benefit of the youth of the community,

NOW, THEREFORE, it is mutually agreed by and between the parties as follows:

A. RESPONSIBILITIES OF THE CITY

That in consideration of CYSO providing soccer programs for Ceres youth, the CITY shall:
1) Designate CYSO as the recognized athletic organization responsible for providing and organizing youth soccer league programs conducted within Ceres.

2) Provide CYSO with priority rights for the use of Ceres River Bluff Regional Park soccer fields hereby referred to as "CRBRP" for CYSO Recreational league year, commencing on the 3 rd Saturday in August through the 1st Saturday in November, holidays not included, with the assumption that all schedules have been turned in by August 1st. Field practices only priorities are as follows:
1,2,3,5,6,7.No other organizations will be scheduled during this time unless there is written agreement between CYSO and the City. "Recreational League" is hereby defined as an intraclub league in which any Ceres youth may participate in sports without being denied the ability to play based on talent. "Competitive League" is hereby defined as a league where the use of tryouts, invitations, recruiting, or any other similar process that rosters players to any team based on their talent or abilities. During the months of August 1 st –
November (Second week of November) will be priority for Fields (games only) 1,2,3,4,5,6,7,8,9 per previous years.

CYSO registration will be booked per hour depending on age range. Unless otherwise requested.

• 4-10 = 1 Hour
• 10-12 = 1 ½ Hour
• 12-14 = 2 Hour

3) For special event purposes and City Authorized programs, the City of Ceres will send a minimum of 30-day notice, informing all parties of upcoming events and ITEM 17

ATTACHMENT B

utilization of the field or location.

4) During the months of January – March 15th, the CITY agrees to provide up to two (2) fields for the Bill Meyer Recreational Mini Season League.

5) Provide for the structural maintenance of all buildings and improvements at CRBRP.
6) The CITY agrees to prepare and maintain all fields (see section B.3 for exceptions).

7) As approved by the Recreation Manager, authorize CYSO to park up to two (2) vehicles within the complex.

8) No CITY property shall be removed from the Complex without prior approval

B. RESPONSIBILITIES OF CYSO

That in consideration of the right granted by the CITY to use CRBRP, CYSO shall:

1) Submit a use schedule for CRBRP by August 1st for the fall Recreational League and December 15 for the Bill Meyer Recreational Mini Season League.

CYSO will not sublet any of the soccer fields at any time.

2) All Competitive team requests for games must be submitted 30 days prior to the start date. Entire complex rental requests for tournaments must be submitted 90 days prior to the requested tournament dates. (City will be flexible)

3) Be responsible for securing nets and other field markers when in use by CYSO.

4) Maintain the CRBRP in a neat and clean manner. CYSO is responsible for picking up all litter on the soccer fields at the conclusion of a CYSO sponsored game.

5) CYSO will pay the CITY a $7.00 per player fee based on the number of registered players per year for their Recreation Leagues. Player fees are assessed per registered player to help offset the operation and maintenance cost associated with CRBRP. Player roster is due to the City by August 1st.

Payment is due by the 3
rd week of the fall Recreation League and the 3rd week
of the Bill Meyer Recreation Mini Season League.

6) CYSO Recreation will pay the CITY a $7.00 per hour per field.

7) CYSO Competitive will pay the CITY a $15.00 per hour per field. 8) Payment is due by the 3rd week of the fall Recreation League and the 3rd week of the Bill Meyer Recreation Mini Season League.

ITEM 17

ATTACHMENT B

9) CYSO will have access to a storage space on the northwest side of the CRBRP concession stand to store soccer equipment and supplies on a year -round basis.

10) Each coach for recreation and competitive will be responsible for contacting the City in order to rent fields, as well as maintain and place a deposit for a field key. CYSO will ensure that coaches and children do not enter the fields unless otherwise booked.

11) Cooperate with the CITY and other recognized recreational groups to assist the CITY in funding of needed improvements as deemed appropriate. No existing improvements may be modified, or new improvements constructed by CYSO without written approval from the Public Works Director.

C. INSURANCE REQUIREMENTS

Obtain Commercial Liability coverage, which will protect the CITY and CYSO from all liability for death, injury, or property damage arising out of the use of CITY property.

The policy shall name the CITY, its officials, officers, employees and volunteers as additional insureds by a separate written endorsement and shall have limits of no less than $1 million per occurrence for bodily injury and property damage. CYSO shall provide copies of the insurance policy and endorsements with evidence of coverage at least as broad as the Acord 25 Certificate of Liability Insurance Form . This documentation is to be provided by August 1st of each year this agreement is in effect.

D. INDEMNIFICATION

CYSO shall indemnify, defend and hold harmless the CITY and its officers, officials, employers and volunteers from and against all claims, damages, loses and expenses including attorney fees arising out of the use of the facilities described herein, caused in whole or in part by any negligent act or omission of CYSO, its officers, directors, members or volunteers or anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable.

E. RULES AND REGULATIONS

a. Abide by all rules and regulation of the CRBRP Complex and this Agreement, as adopted by the CITY Council and as may be amended from time to time.

Violations of rules will result in the following consequences:

1st Violation A written warning advising CYSO of the violation 2nd Violation $100 fine
3rd Violation $200 fine (and subsequent violations)
b. A violation is any reported and verified breach of the Rules, Rates, Standards and this Agreement. The violations will be cumulative per calendar year. The ITEM 17

ATTACHMENT B

CITY's Recreation and/or Public Works Department will be the determining agency.

F. TERMS OF AGREEMENT

a. The terms of this agreement shall be for a period beginning August 1, 2024, to August 1, 2025. The Parties agree that prior to the expiration of the terms of this Agreement they will meet in good faith to negotiate a new agreement.

The CITY shall have the right to terminate this agreement upon the failure of CYSO to perform the obligations required by the Agreement or in the event CYSO no longer provides a youth soccer program for citizens of the CITY. In the event CYSO fails to perform any of its obligations under this agreement, it shall be given thirty (30) days written notice of such failure by the CITY. If the failure to perform is not rectified within thirty (30) days of the service of said notice, the CITY may terminate this Agreement.

IN WITNESS WHEREOF, we have signed this agreement on the date set forth herein above

DATED: DATED:

CITY OF CERES, a municipal corporation Ceres Youth Soccer Organization

By: By:

Douglas D. Dunford, City Manager CYSO President

By:

CYSO Secretary/Treasurer

APPROVED AS TO FORM:

By:

Nubia I. Goldstein, City Attorney
ITEM 17

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 26, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Chris Perry, Police Chief
[email protected], (209) 538-5626
SUBJECT: Ordinance No. 2024 -XXXX, An Ordinance of the City Council of the City of Ceres Amending Title 9, Chapter 16 Parks, Public Property, and Public Facilities of the Ceres Municipal Code to Prevent the Storage or Dumping of Items in Parks and Public Areas
RECOMMENDED COUNCIL ACTION:

St
aff recommends that the City Council introduce and waive the first reading of the ordinance amending Title 9, Chapter 16 of the Ceres Municipal Code to prevent the storage or dumping of items in parks and public areas.

I. BACKGRO UND:

Cal
ifornia is home to roughly one- fourth of the nation’s unhoused population, and homelessness in California continues to rise. Both the lack of affordable housing and insufficient shelter capacity has led many unhoused individuals to reside in public parks or public spaces. With the City’s restrictions on overnight camping in parks, many unhoused individuals will leave the park or public space for the evening but will leave their amassed belongings in the park or public space. This creates a dilemma for Code Enforcement. While the individual is not camping in the area, their “stuff” is often left in a park or public place for days at a time. Currently the Municipal Code does not prohibit individuals from storing or dumping items in a public park and retrieving them at their leisure. The additional language added to Title 8, Chapter 16 will allow Code Enforcement to enforce Title 9 which will now prevent individuals from leaving or storing their personal belongings in a park or public place. The prohibition will also prevent the unhoused individual from bringing these items into the park in the first place, knowing that the items can be seized if they are found in the park.

ITEM 18
II. REASONS FOR RECOMMENDATION:

Code Enforcement has been tasked with helping manage the City’s unhouse population. Efforts to prevent individuals from taking over public spaces and public parks have been a difficult task for Code Enforcement Officers when the Municipal Code lacks the appropriate prohibitions to prevent the overflow of inappropriate items from lingering in these spaces. This new prohibition on storing or dumping items like bicycles, furniture, appliances, etc., provides Code Enforcement the necessary authority to require that individuals remove these items from the park or not have them there at all. This will help Code Enforcement officers move individuals out of public parks more efficiently and with less resistance.

For these reasons, staff is recommending the requested language change described in the attached Ordinance. Attachment B highlights the minor changes to Title 9, Chapter 16 that make storing or dumping items in public parks or places illegal.

III. F
ISCAL IMPACTS :

The clear and succinct language of the proposed ordinance will save Code Enforcement Officers time and effort when trying to move unhoused individuals out of public parks and places. The time saved on this matter will allow officers to work on more cases and other code-related matters, creating a more efficient use of city funds.

IV. E
XISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN :

N/A
V. P OLICY ALTERNATIVES :

Council could choose to not amend the ordinance 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 the activity in question may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3).

ITEM 18
IX. STEPS 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 18
ITEM 18

ATTACHMENT A

ORDINANCE NO. 2024-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES AMENDING TITLE 9, CHAPTER 16 PARKS, PUBLIC PROPERTY AND PUBLIC FACILITIES OF

THE CERES MUNICIPAL CODE TO PREVENT THE STORAGE OR DUMPING OF

ITEMS IN PARKS AND PUBLIC AREAS

WHEREAS, Title 9, Chapter 16 parks, public property and public facility set forth the negotiations governing the City’s facilities, parks and other public areas; and

WHEREAS, California is home to roughly one- fourth of the nation’s unhoused population, and homelessness in California to rise; and

WHEREAS, both the lack of affordable housing and insufficient shelter capacity has led many unhoused individuals to reside in public parks or public spaces; and

WHEREAS, many unhoused individuals will leave their amassed belongings in parks and public spaces, thereby necessitating the City to change its current practices in enforcing storage and public dumping regulations; and

WHEREAS, the proposed revisions to the municipal code will allow Code Enforcement to enforce provisions contained in Title 9 to prevent individuals from leaving or storing their personal belongings in a park or public place; 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 9, Chapter 16 of the Ceres Municipal Code is hereby amended to reflect the changes below. Specifically, amendments have been made to Section 9.16.080 and 9.16.100.

Chapter 16- Parks, public Property, and public Facilities

Sections:

9.16.080 Acts prohibited in city parks; infractions.

No person shall do any of the following acts within a City park:

A. Fail to obey all properly posted signs regulating park use; B. Picnic or lunch in a place reserved by others;
C. Bring into any park any material which, if spilled, spread, sprayed or used for marking, will be injurious to humans, turf, plant growth or facilities;

D. Pick the flowers or seeds of any tree or plant;
ITEM 18

ATTACHMENT A

E. Attach any rope, wire or other contrivance to any tree or plant; F. Dig in or otherwise disturb any park area or in any way injure or impair the natural beauty or usefulness of any area;
G. Climb any tree, or walk, stand or sit upon any monument base, fountain, railing, fence or upon any other property not designated, constructed or customarily used for such purposes;

H. Remove or have in his possession any wild animal, bird, or fowl, or the eggs, nest or young of any reptile, wild animal or bird;

I. Except in any dog park, no person having the control or care of any dog shall permit such dog to enter or remain in a park, unless it is led by a leash of suitable strength no more than six feet in length. The person owning, controlling or having custody of such dog shall be jointly and severally responsible for all damages caused by such dog. Such person who has control of a dog or dogs shall be responsible for the pickup and proper disposal of the dog excrement;

J. Make or kindle a fire for any purpose, except at places provided for such purpose, unless prior permission shall be obtained therefor from the Recreation Manager, or leave a fire started by such person, or at such person's direction, or used by such person until such fire is completely extinguished;

K. Play or practice golf or use golf clubs and golf balls in any area of the parks; L. Dump, deposit, or leave any bottle, broken glass, ashes, paper box, can, refuse or trash, except in the receptacles provided for such materials. Where such receptacles are not provided, all such material shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere;

M. Maintain, use, or consume within a City public park any beverage which is commercially packaged or contained within a glass container. For the purpose of this subsection, glass baby bottles being used for the purpose of feeding infant children shall not be deemed a violation of this subsection.

N. Use skateboards, in-line skates, roller skates, scooters or bicycles within tennis courts, basketball courts, parking areas, covered picnic areas, or baseball complex.

O. Fail to obey the lawful order of any peace officer or City employee authorized to enforce the rules and regulations as set forth herein.

P. Fail to obey all traffic regulations concerning the use of vehicles or caution, stopping, parking and all other signs posted for control or to safeguard life and property.

Q. Park a vehicle in other than an established or designated parking area or use a parking area in a manner not in accordance with the posted directions or the instructions of a designated City representative or peace officer who may be ITEM 18

ATTACHMENT A

present.

R. Ride any other person on a bicycle, except where the bicycle is built for operation by more than one person.

S. No person in a park or on public or private property adjacent to a park shall produce or allow to be produced any loud noise from a radio, stereo, tape deck or other means which noise disturbs the peaceful and quiet enjoyment of any person in a public park or in residential areas adjacent to a public park.

T. It shall be unlawful to use tobacco products of any kind, including, but not limited to, chewing tobacco, cigars, cigarettes, e-cigarettes, cannabis, or cannabis products, in or upon any City park, baseball complex, soccer complex or, within 20 feet of exterior to the complex, or to discard lighted or unlighted cigars, cigarettes, cannabis, or cannabis products in said areas. After the posting of signs affording reasonable notice to persons of this restriction, any person violating this provision shall be guilty of an infraction, which shall be punishable by a fine of established by resolution of the City Council.

U. Parks and public areas shall not be used for storage or a dumping location for any personal items, including without limitation, car parts, bicycles parts, bicycles, furniture, appliances, generators, propane tanks, or combustible materials.

9.16.100 Acts prohibited in City parks, public property, and public facilities

No person shall do any of the following acts:

A. Willfully mark, paint, deface, disfigure, injure, tamper with, or displace or remove any building, bridge, table, bench, fireplace, railing, paving or paving material, water line or appurtenances, gas pipes, hydrants, stopcock, sewer, basin, construction in any park, or other public property. The parents of any minor committing such acts shall be responsible for all such damages caused by their minor children.

B. Damage, cut, carve, transplant or remove any tree or plant, or injure the bark of any tree.

C. Make or cause to be made any duplicate keys to public facilities rented from the City, or to keep City keys.

D. Sell or offer for sale any alcoholic beverage in a public park, upon "public property" or in "public facilities" as defined in this chapter, except for special events or as provided in section 9.07.020 of this title, and except as authorized pursuant to any administrative rules and regulations adopted by the City Council pursuant to section 9.16.050 of this chapter.

E. Where retention ponds, as defined in section 9.16.01 of this chapter, are established in a public park, including the River Bluff Regional Park lower terrace area, fishing or any act in effort to kill, injure, disturb, capture, or catch fish in the retention pond is prohibited and shall be punishable as an infraction, ITEM 18

ATTACHMENT A

pursuant to subsection 19.02.030(B).

SECTION 2. EFFECTIVE DATE. This ordinance shall take effect 30 days from and after the date of its passage.

SECTION 3. 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 4. PUBLICATION. This Ordinance shall be posted 10 days prior to the public hearing.

SECTION 5. 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 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 6. 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 7. CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL. This Ordinance was introduced at a meeting of the Ceres City Council held on the 26th day of August 2024, and passed and adopted as Ordinance No. 2024 -XXXX at a regular meeting of the City Council held on the 9th day of September 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

___________________________________
Javier Lopez, Mayor

ITEM 18

ATTACHMENT A

ATTEST:

________________________________
Fallon Martin, City Clerk

APPROVED AS TO FORM:

_______________________________
Nubia I. Goldstein, City Attorney

ITEM 18
ITEM 18

ATTACHMENT B

Title 9 - PUBLIC PEACE, SAFETY AND MORALS
CHAPTER 16 PARKS, PUBLIC PROPERTY, AND PUBLIC FACILITIES

Ceres, California, Municipal Code Created: 2024-01-21 14:17:12 [EST] (Supp. No. 2)

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