Agenda, regular meeting — Ceres City Council, November 25, 2024

AGENDA
Amendment #1
Dated: November 21, 2024

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, November 25, 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)
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AGENDA
Regular City Council Meeting
November 25, 2024

Page 2 ends

INVOCATION

Invocation by Jim Stochl, Harvest Presbyterian Church.

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez.

PRESENTATIONS

A. Crosstown Showdown Certificates

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.

CONFLICT OF INTEREST DECLARATION

APPOINTMENTS TO BOARDS/COMMISSIONS

None

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 November 25 , 2024 City Coun cil Meeting was Posted on Wednesday, November 20, 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 November 12, 2024 Special City Council Meeting. (City Clerk)

4. Register of Audited Demand(s) Dated October 30, 2024 through November 6, 2024. (Esenwein)

AGENDA
Regular City Council Meeting
November 25, 2024

Page 3 ends

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

6. Resolution No. 2024 -XXX, Approving a Five -Year Agreement with Stanislaus Regional 911 (SR911) Designating Ceres Police Department as an Alternate Public Safety Answering Point , Approving a Maintenance Contract for Police Dispatch Radios, and Authorizing the City Manager to Execute the Agreement. (Perry)

7. Resolution No. 2024 -XXX, Accepting the California Attorney General Tobacco Grant Allocation and Approving a Budget Amendment. (Perry)

8. Resolution No. 2024 -XXX, Approving an Agreement with Precision Concrete Cutting, Inc. for Concrete Cutting Services in the Eastgate Area and Additional Evaluations of Approximately 30 Miles of Sidewalk in the Westpointe 4, Olive Grove 1 and 2, Highlands 1 and 2, Kingston Estates, Highlands Park, California Voyage 1 and 2, Maxim Estates , Spring Meadows, Vintage Estates, Rainbow Village, Highland South 1 and 2, Brown Estates 2, 3, 4, and 5, Changason Estates, San Pedro Colony, San Pedro North 1 and 2, Morgan Manor, Stonum, and Sweetwater Glen Subdivisions (New Project String) in an Amount Not-to-Exceed $246,000 and Authorizing the City Manager to Execute the Agreement. (Beltran)

9. Resolution No. 2024 -XXX, Approving a Professional Services Agreement with Kleinfelder Incorporated for a Non-Federal Project for Geotechnical Services of the Downtown Revitalization Project, and Authorizing the City Manager to Execute the Agreement. (Beltran)

10. Resolution No. 2024 -XXX, Approving the Part-Time (Non -Regular) Employee Hourly Pay Rate Schedule, Effective in the Pay Period Beginning December 22, 2024. (Vasquez)

11. Resolution No. 2024 -XXX, Approving an Agreement with 1 st Security & Sound, Inc. to Provide Fire and Security Alarm Services at Various City Facilities, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Agreement. (Royal)

12. Resolution No. 2024-XXX, Approving Payment to Don Pedro Pump Company for Emergency Repairs Performed at Well 22. (Royal)

13. Resolution No. 2024 -XXX, Approving an Agreement with WRT for the Removal, Disposal, and Replacement of the Uranium Treatment Media at Well 22 and Authorizing the City Manager to Execute the Agreement. (Royal)

14. Resolution No. 2024-XXX, Approving an Agreement with Sharp Business Systems for the Lease & Maintenance Services of Multi -Function Copiers and Authorizing the City Manager to Execute the Agreement. (City Clerk)

AGENDA
Regular City Council Meeting
November 25, 2024

Page 4 ends

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

15. Resolution No. 2024 -XXX, Accepting and Appropriating Funding from City of Turlock Fire Department ($67,900.00), Stanislaus Consolidated Fire Protection District ($67,900.00), City of Modesto Fire Department ($67,900.00), Yosemite Community College District ($250,000.00), and Count y Regional Fire Authority ($325,000.00) for the Fire Training Facility Tactical Tower in the Amount of $778,700.00 and Appropriating an Additional $131,358.20 for Contingency and Construction Support Services. (Beltran)

PUBLIC HEARING

None

NEW BUSINESS

16. Resolution No. 2024-XXX, Approving a New Service Program Offered by Bertolotti Disposal and Authorizing the Use of Available Illegal Disposal Collection Fees that are Collected by Bertolotti in the Franchised Rate Revenue Payments to Supplement a Portion of the Program Costs. (Royal)

17. Resolution No. 202 4-XXX, Approving an Amendment to the City Manager Employment Agreement and Authorizing the Mayor to Execute the Agreement. (Vasquez)

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).

18. Carport Ordinance
(Referred by Councilmember Martinez)

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
AGENDA
Regular City Council Meeting
November 25, 2024

Page 5 ends

• City Attorney
• Departments
• County Supervisor

CLOSED SESSION

19. Public Employee Performance Evaluation, Cal. Gov’t Code §54957(b)(1) Title: City Attorney

REPORT FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on December 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 off ice at (209) 538- 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II).

AFFIDAVIT OF POSTING

I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for th e Regular City Council Meeting was posted on Wednesday, November 20, 2024, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

DRAFT MINUTES

CITY COUNCIL SPECIAL MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Tuesday, November 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 November 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 Absent Present Present

INVOCATION
Invocation by Chris Henry, Hope Tree Church.

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

PRESENTATIONS
None
CITIZEN COMMUNICATIONS to the Council on matters included on the agenda (five minutes)
None
ITEM 3

DRAFT MINUTES
Special City Council Meeting
November 12, 2024

Page 2 ends

CONFLICT OF INTEREST DECLARATION

Councilmember Vierra declared a conflict of interest on item 8 and recused herself from voting.

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONSENT CALENDAR

1. Clerks Report of Posting. The agenda of the November 12, 2024 City Council Meeting was Posted on Wednesday, November 6, 2024. (City Clerk)

3. Approval of Minutes for the October 28, 2024 Regular City Council Meeting. (City Clerk)

4. Register of Audited Demand(s) Dated October 16, 2024 through October 23, 2024. (Esenwein)

5. Consideration to Cancel the Second Regularly Scheduled City Council Meeting of December 23, 2024. (City Clerk)

6. Resolution No. 2024-141, Rescinding Resolution No. 202 2-144 and Adopting an Amended Conflict of Interest Code for the City of Ceres to Update the List of Designated Employees and Disclosure Categories for Filing of the Fair Political Practices Commission (FPPC) Statement of Economic Interests Form 700. (City Clerk)

7. Resolution No. 2024 -142, Approving the Construction Contract for the Lucchesi Lane Sewer Rehabilitation Project (Project No. 2516) to Kroeker Inc., Authorizing a 10% Contingency, and Authorizing the City Manager to Execute the Contract . (Beltran)

8. Removed for separate consideration.

9. Resolution No. 2024-143, Approving the Construction Contract for Morgan Road Storm Drain Improvements Project (2408) to Mid Cal Pipeline and Utilities, Inc., Authorizing a 10% Contingency, Authorizing a Budget Amendment, and Authorizing the City Manager to Execute the Contract. (Beltran)

ITEM 3

DRAFT MINUTES
Special City Council Meeting
November 12, 2024

Page 3 ends

10. Resolution No. 2024 -144, Accepting Hatch Road Transmission Main Phase 1 Project as Complete, Authorizing the Filing of the Notice of Completion, and Releasing the Retention to the Contractor. (Beltran)

11. Resolution No. 202 4-145, Approving a Three -Year Agreement with Time Card Plus / ScheduleAnywhere for Scheduling and Monitoring of Police Department Shifts and Authorizing the City Manager to Execute the Agreement. (Perry)

Action: Motion by Councilmember Vierra, seconded by Vice Mayor Silveira, approving items 1 – 7 and 9 – 11. Motion carried 4/0/1/0 by the following roll call vote:

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

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Items 8: Removed for separate consideration

Resolution No. 2024 -XXX, Accepting and Appropriat ing Funding from City of Turlock Fire Department ($67,900 .00), Stanislaus Consolidated Fire Protection District ($67,900 .00), City of Modesto Fire Department ($67,900 .00), Yosemite Community College District ($250,000 .00), and County Regional Fire Authority ($325,000.00) for the Fire Training Facility Tactical Tower in the Amount of $778,700.00 and Appropriating an Additional $131,358.20 for Contingency and Construction Support Services. (Beltran)

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

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

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

UNFINISHED BUSINESS

12. Resolution No. 2024 -146, Approving the use of the Remainder of the American Rescue Plan Act (ARPA) Funding. (Esenwein)

Finance Director, Shannon Esenwein, introduced the item.

ITEM 3

DRAFT MINUTES
Special City Council Meeting
November 12, 2024

Page 4 ends

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

Gene Yeakley spoke regarding the prioritization of projects.

Mayor Lopez closed public comment.

Council and staff discussion included dispatch equipment, LPR cameras, Police Department trailer, grid pruning program, council and public equipment, and the water tower.

Action: Motion by Councilmember Vierra , seconded by Vice Mayor Silveira, approving item 12. Motion carried 3/1/1/0 by the following roll call vote:

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

PUBLIC HEARING

13. Resolution 2024-147, Adopting the Updated Various User and Regulatory Fees and Charges. (City Manager)

City Manager, Doug Dunford, and Terry Madsen with ClearSource Financial Consulting introduced the item.

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

Council and staff discussion included clarification on how much the fees are being adjusted and whether they are based on surrounding areas.

Action: Motion by Councilmember Vierra , seconded by Vice Mayor Silveira, approving item 13. Motion carried 4/0/1/0 by the following roll call vote:

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

14. Resolution 2024 -148, Approving of the Five -Year (2024 -2028) Capital Improvement Program (CIP) and Integration into the FY25 Budget. (Beltran)

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

ITEM 3

DRAFT MINUTES
Special City Council Meeting
November 12, 2024

Page 5 ends

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

Alejandro Prado spoke regarding the timeline and expected benefits proposed in the Capital Improvement Program related to impacts on parks and recreational spaces.

Mayor Lopez closed public comment.

Council and staff discussion included Lions Park, the sewer improvement project, CDBG project, water line project, and any Planning Commission recommendations prior to City Council approval.

Action: Motion by Councilmember Vierra , seconded by Vice Mayor Silveira, approving item 14. Motion carried4/1/1/0 by the following roll call vote:

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

NEW BUSINESS

None

DISCUSSION ITEMS

15. Discussion on the Status of the SR99 Service/Mitchell Road Interchange Design Review and Conceptual Alternatives. (Beltran)

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

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

Gene Yeakley spoke regarding the project’s timeline, widening of the highway, and widening of Service Road.

Student from California State University Stanislau s inquired about the goal of widening the highway.

Katherine Reeves spoke regarding building a bridge for trucks to get off of Mitchell Road and put them over on Faith Home Road.

Mayor Lopez closed public comment.

ITEM 3

DRAFT MINUTES
Special City Council Meeting
November 12, 2024

Page 6 ends

Council and staff discussion included Stanislaus County expanding Service Road.

COUNCILMEMBER REFERRALS

16. Carport Ordinance
(Referred by Councilmember Martinez)

Mayor Lopez announced this item would be on a future agenda since Councilmember Martinez was absent from the council meeting.

REPORTS

• Mayor

Nothing to report.

• City Council

Councilmember Vierra spoke regarding the Stanislaus Homeless Alliance meeting.

• City Manager

Nothing to report.

• City Attorney

Nothing to report.

• Departments

Nothing to report.

• County Supervisor

Nothing to report.

CLOSED SESSION

The following members of Council were present for Closed Session:

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

ITEM 3

DRAFT MINUTES
Special City Council Meeting
November 12, 2024

Page 7 ends

17. Public Employee Performance Evaluation, Cal. Gov’t Code §54957(b)(1) Title: City Manager
Title: City Attorney

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

REPORT FROM CLOSED SESSION

Mayor Lopez reported that direction had been provided to staff.

ADJOURNMENT

The next scheduled Regular City Council Meeting will be held on November 25, 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 9:07 p.m.

______________________________
Javier Lopez, Mayor

______________________________
Fallon Martin, City Clerk

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

ITEM 3
ITEM 3

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: November 25, 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 October 30, 2024 through November 6, 2024
RECOMMENDED COUNCIL ACTION:

City Council approve the register of audited demand(s) dated October 30, 2024 through November 06 , 2024 covering obligations to be paid by general warrants in the amount of $1,294,216.40
I. BACKGROUND:

In accordance with Section 37202 of the Government Code of the State of California this is presented here with a summary of demands against the City of Ceres covering obligations to be paid for the period ending October 30, 2024 through November 06, 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.

III. FISCAL IMPACTS:

ITEM 4
The attached listing represents the cash disbursements required of normal and usual operations during the period. The disbursements are accounted for in the FY 2024-25 budget. There is a $1,294,216.40 fiscal impact for the period of October 30, 2024 through November 06, 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. Attachment A – Warrant Register October 30,2024 through November 6, 2024 ITEM 4
Date
CA BUILDING STD FEE QE 9/30/2024 491.40
Total: 491.40
10/30/24 CA BUILDING STANDARDS COMM
NETS FOR OCHOA PARK 130.05
Total: 130.05
10/30/24 BSN SPORTS LLC
SEPT 24 SDMP CEQA INITIAL STUDY/MITIGATED NEGATIVE 221.50 Total: 221.50
10/30/24 BLACK WATER CONSULTING

ENGINEERS, INC
SEPT 2024 GARBAGE FRANCHISE FEE LESS WRITE OFFS 557,124.57 Total: 557,124.57
10/30/24 BERTOLOTTI CERES DISPOSAL, INC
801.19
10/30/24 ATCO MANUFACTURING CO. HORNET KILLER BLUE CHALK MISSING $10 #I0632614 10.00 Total: 10.00
Total: 999.54
10/30/24 AT&T 9/7-10/6/24 CH SUPERTRUNK PAC BELL T-1 LINE 801.19 Total:

Total: 744.50
10/30/24 AL'S CERTIFIED SAFE & LOCK 7/1/24 RE-KEY COSTA FIELDS LOCKS 999.54 ALARM SERVICES AT COMMUNITY CENTER 49.95
ALARM SERVICES AT CITY HALL/ ANNEX 49.95
ALARM SERVICES AT RIVERBLUFF 49.95
ALARM SERVICES AT PW CORP YARD 49.95
ALARM AT ROCKAFELLER 269.85
ALARM AT ROCKAFELLER 274.85
10/30/24 1ST SECURITY & SOUND, INC
Voucher List
City of Ceres
11/6/2024 10:43:21 AM
Vendor Name Invoice Description Amount
11/6/2024 10:43:20 AM
ITEM 4
Date
Voucher List
City of Ceres
11/6/2024 10:43:21 AM
Vendor Name Invoice Description Amount
Total: 421.47
Total: 162.92
10/30/24 FISHER SCIENTIFIC COMPANY, LLC LAB BUFFERS & SOLUTIONS 421.47 CREDIT FOR PLUMBING PARTS -21.47
4" FITTINGS FOR SEWER REPAIRS STOCK 184.39
10/30/24 FERGUSON US HOLDINGS, INC
DEC 23 FIRE TRAINING TWR PROJ SOIL SAMPLING & LAB 4,450.27 Total: 4,450.27
10/30/24 ENGEO, INC
PM SERVICE ON ELEVATOR PD 135.00
Total: 405.00
PM SERVICE ON ELEVATOR CCC 135.00
PM ON ELEVATOR CCC 135.00
10/30/24 ELEVATOR TECHNOLOGY, INC.
48X36 ALUMINUM SIGNS FOR WHITMORE PARK GAZEBO PROJ 260.10 Total: 260.10
10/30/24 DITTOS COPY CENTER, INC.

SEPTEMBER 2024 LIVE SCANS 164.00
Total: 164.00
10/30/24 DEPT OF JUSTICE ACCOUNTING

OFFICE- CASHIERING UNIT
L.ROBBINS: CSMFO WEEKEND TRAINING SEMINAR 11/14-17 760.00 Total: 760.00
10/30/24 CA SOCIETY OF MUNICIPAL

FINANCE OFFICERS
9/23-10/21/24 WTR SVCS F/S #2 81.51
Total: 81.51
10/30/24 CITY OF MODESTO
10/1 - 10/31 SCADA INTERNET WATERWORLD 274.64
Total: 274.64
10/30/24 CHARTER COMMUNICATIONS
CERTIFICATE PAPER FOR COUNCIL 291.02
Total: 291.02
10/30/24 CENTRAL VALLEY BUSINESS
FORMS, INC.
11/6/2024 10:43:20 AM
ITEM 4
Date
Voucher List
City of Ceres
11/6/2024 10:43:21 AM
Vendor Name Invoice Description Amount
PER DIEM FOR CALPELRA TRAINING NOV. 24 270.00
Total: 270.00
10/30/24 ANGELICA HERNANDEZ
JUL 24 SMYRNA PARK IMPROVEMENTS FY23/24 3,411.69
Total: 3,411.69
10/30/24 MCFADDEN CONSTRUCTION, INC
TRUNK OR TREAT DJ SERVICES 350.00
Total: 350.00
10/30/24 MARTIN ANTHONY PINEDA
CATERING FOR SENIOR HALLOWEEN EVENT 800.33
Total: 800.33
10/30/24 M&G-4 13 INC.
10/7-24/24 GET FIT/ZUMBA GOLD CLASSES 468.00
Total: 468.00
10/30/24 JANA KIRCHERT
2,826.24
10/30/24 INFOSEND, INC. SEPT 24 UB STMT PROCESSING & POSTAGE 6,939.77 Total: 6,939.77
Total:

Total: 4,873.00
10/30/24 INDUSTRIAL ELECTRICAL CO. AERATOR GENERATOR REPAIR 1,867.09 SEMI ANNUAL INSPECTION WELL #35 959.15
OCT 24 MONTHLY LAB ANALYSIS 123.00
QUARTERLY SAMPLING & LAB ANALYSIS 4,750.00
10/30/24 HAO VAN LE
HYDROLIC HOSE FOR PW FORKLIFT 74.55
Total: 74.55
10/30/24 GREEN RUBBER-KENNEDY AG
Total: 2,285.20
10/30/24 GEOANALYTICAL LABORATORIES,
INC
SAMPLING DATA SEPT 24 1,589.05
WATER SAMPLE ANALYSIS OCT 24 DIST 13 696.15
11/6/2024 10:43:20 AM
ITEM 4
Date
Voucher List
City of Ceres
11/6/2024 10:43:21 AM
Vendor Name Invoice Description Amount
Total: 30,614.25
MAY 24 - SR99/MITCHELL RD/SVC RD INTERCHANGE 23,827.75
JUL-AUG 24 SR99/MITCHELL RD/SVC RD INTERCHANGE 6,786.50 10/30/24 NV5, INC.
24/25 LOCATOR LOGIX USA TICKET MANAGEMENT SOFTWARE 1,860.00 Total: 1,860.00
10/30/24 NORFIELD DEVELOPMENT

PARTNERS, LLC
SPRINKLER FITTINGS & PRIMER 470.15
Total: 4,836.82
STOCK PARTS 786.34
SEWER PIPE COUPLERS FOR REPAIR & STOCK 673.50
ROCKAFELLER POND 297.72
STOCK PARTS 2,128.59
BACKFLOW-SMYRNA PROJECT 329.71
TUSCANY VILLAGE 150.81
10/30/24 MODESTO WINDUSTRIAL CO
PER DIEM FOR CALPELRA TRAINING NOV. 24 270.00
Total: 270.00
10/30/24 SHIRLEY VENTURA
270.00
10/30/24 ROSALINDA L. VIERRA R.VIERRA: LOCC ANNUAL CONF (UBER REIMBURSEMENT) 45.92 Total: 45.92
Total: 71.67
10/30/24 NAOMI VARGAS PER DIEM FOR CALPELRA TRAINING NOV. 24 270.00 Total:

Total: 392.21
10/30/24 MATTHEW BERLIER OFFICE SUPPLIES FOR HOMICIDE INVESTIGATION 71.67 PER DIEM FOR CALPELRA TRAINING NOV. 24 270.00
CSJVRMA MEETING 122.21
10/30/24 DELILAH VASQUEZ
11/6/2024 10:43:20 AM
ITEM 4
Date
Voucher List
City of Ceres
11/6/2024 10:43:21 AM
Vendor Name Invoice Description Amount
RADIOS REGISTERS 9,127.83
Total: 9,127.83
10/30/24 THIRKETTLE CORPORATION
OCT 24 DENTAL CLAIMS 3,348.00
Total: 3,348.00
10/30/24 STANISLAUS FOUNDATION DENTAL

CARE TRUST ACCOUNT
Total: 1,739.39
Total: 92.59
10/30/24 STANISLAUS FARM SUPPLY INC SPRAY TIP NOZZLE FOR HERDISIDE SPRAYER 48.74 26 GALLONS OF HERBISIDE FOR WEED CONTROL 1,690.65
Total: 154.75
10/30/24 SCP POOL DISTRIBUTORS, LLC CL2-WELL @39 & 40 92.59 215 PAPER "NO PARKING" SIGNS 113.65
YELLOW REFLECTIVE TRAFFIC TAPE 41.10
10/30/24 SAFE T LITE OF MODESTO INC
OCT 24 ACCIDENT/ILLNESS/HOSPITAL PREMS #0073144-7 1,654.66 Total: 1,654.66
10/30/24 RELIASTAR LIFE INSURANCE

COMPANY
K.TORRES LIFEGUARD TRAINING RFND 300.00
Total: 300.00
10/30/24 KYM TORRES
ALANIS P8142 7/9/24 RFND CC SML RM 600.00
Total: 600.00
10/30/24 JUAN ALANIS FOR ASSEMBLY 2024
TEMP SVCS SECRETARY WE 10/12/24 (J.JIMENEZ) 209.76
Total: 209.76
10/30/24 PRIDESTAFF, INC
DOOR PANEL 60.96
Total: 269.03
10/30/24 PRICE FORD OF TURLOCK, INC. A/C HVAC FOR WATER DEPT F450 30.59 A/C HAVC MOTOR AND LINK 177.48
11/6/2024 10:43:20 AM
ITEM 4
Date
Voucher List
City of Ceres
11/6/2024 10:43:21 AM
Vendor Name Invoice Description Amount
OCT 24 LAB DI WATER 79.94
Total: 79.94
11/06/24 DS SERVICES OF AMERICA, INC.

OCT24 ALARM SERVICE/FACILITIES MAINT 336.67
Total: 336.67
11/06/24 AL'S CERTIFIED SAFE & LOCK
5,523.47
11/06/24 AIRGAS USA, LLC ACETYLENE INDUSTRIAL 109.01
Total: 109.01
Total: 460.00
11/06/24 ADVANCED MOBILITY GROUP AUG 24 ENG ON-GOING SUPP SVCS CTY TRAFFIC SIGNL 5,523.47 Total:

LEGAL AD - NOTICE OF NOMINEES 92.00
LEGAL AD: PH NOTICE #CC10-9 CUP 24-09 138.00
Total: 5,196.50
11/06/24 209 MULTIMEDIA CORPORATION LEGAL AD: PH NOTICE #CC10-5 CIP PROJECT LIST 115.00 LEGAL AD: PH NOTICE #CC10-6 LLA 24-29 115.00
4/28-5/25/24 OCHOA PARK PH II IMPRVMNTS 1,734.00
4/28-5/25/24 OCHOA PARK PH II IMPRVMNTS 3,462.50
10/30/24 WESTWOOD PROFESSIONAL

SERVICES
5/1/24-4/30/25 ADMIN FEE - SCRC TABS ISSUE 2000 3,265.00 Total: 3,265.00
10/30/24 U.S. BANK
OCT 24 ELECTRICITY SVCS 111,363.65
Total: 111,363.65
10/30/24 TURLOCK IRRIGATION DISTRICT
09/15-30/24 GRAFFITI ABATEMENT - CODE AND PARKS 1,037.00 Total: 1,037.00
10/30/24 TROY E. SLAYBAUGH
DEPARTMENT PATCHES FOR UNIFORMS 1,500.65
Total: 1,500.65
10/30/24 THOMAS BETTENCOURT
11/6/2024 10:43:20 AM
ITEM 4
Date
Voucher List
City of Ceres
11/6/2024 10:43:21 AM
Vendor Name Invoice Description Amount
LED LIGHT FIXTURE 185.03
Total: 185.03
11/06/24 CHOICE ELECTRIC, INC
JUL24 FED ADVOCACY GRANT WRITING SVCS &CYBER GRANT 10,100.00 Total: 10,100.00
11/06/24 AMANDA FENTON
CERTIFIED PLAYGROUND FIBER 773.80
Total: 773.80
11/06/24 CALIFORNIA LANDSCAPE SUPPLY,
INC.

MINI SPLIT IN AV ROOM FOR A/C 623.10
Total: 623.10
11/06/24 PARDY BOUNTHAVONG
SMI FEES QE 9/30/2024 826.18
Total: 826.18
11/06/24 CA STATE DEPT OF CONSERVATION
LEAD INSPECTION FOR REMODEL 850.00
Total: 850.00
11/06/24 BOVEE ENVIROMENTAL
MANAGEMENT, INC.
1,051.62
11/06/24 BONANDER TRUCK & TRAILER INC. MOTOR MOUNTS FOR PD TAHOE K9 302.00 Total: 302.00
Total: 852.31
11/06/24 BAY ALARM COMPANY NOV24-JAN25 QRTRLY WWTP HW ALARM MONITORING 1,051.62 Total:

Total: 548.11
11/06/24 BAUER COMPRESSORS, INC SERVICE REPAIR F/S #1 852.31 9/20-10/19/24 T-1 LINE FOR CONNECTION FROM CORP 162.81
9/20-10/19/24 PHONE SVCS MULTIPLE LINES 385.30
11/06/24 AT&T
OCT24 PEST CONTROL SERVICES 6,505.00
Total: 6,505.00
11/06/24 ANIMAL DAMAGE MANAGEMENT INC
11/6/2024 10:43:20 AM
ITEM 4
Date
Voucher List
City of Ceres
11/6/2024 10:43:21 AM
Vendor Name Invoice Description Amount
VALVE WRENCH 234.00
Total: 533.97
SERVICE LINE REPLACEMENT CABLE 265.53
PLUMBING PARTS 34.44
11/06/24 FERGUSON US HOLDINGS, INC
HOUSING ELEMENT UPDATE-PROF.SVS - SEPT. 2024 3,354.22
Total: 3,354.22
11/06/24 EMC PLANNING GROUP INC.
3,277.08
11/06/24 EH WACHS CONTROLLER VALVE/ONLY PAY TAX'S. ITEM PAID 9/11/24 356.38 Total: 356.38
Total: 556.00
11/06/24 DU-ALL SAFETY, LLC MASK RECERTIFICATION - 2ND TRAINING 3,277.08 Total:

Total: 8,080.75
11/06/24 DON'S MOBILE GLASS, INC. WINDSHEILD SENSOR REPAIR POLICE K-9 UNIT #136 556.00 SEPT 24 CROWS LANDING RD REHAB PROJ RESO#2024-121 3,835.00 SEPT 24 SR99 SERVICE/MITCHELL INTRCHNGE DESIGN RVW 4,245.75 11/06/24 DOKKEN ENGINEERING
SEPT 24 FINGERPRINT APPS 160.00
Total: 160.00
11/06/24 DEPT OF JUSTICE ACCOUNTING

OFFICE CASHIERING UNIT
PLANNING COMMISSION STIPEND-NOV. 24 80.00
Total: 80.00
11/06/24 DEL NERO, GARY
NOV 24 JANITORIAL SVCS COMM CNTR 5,515.25
Total: 5,515.25
11/06/24 DAVID LANGLEY INC.

PLANNING COMMISSION STIPEND-NOV. 24 80.00
Total: 80.00
11/06/24 CONDIT, GARY MATTHEW
SEPT 24 TURLOCK SEWER USE CHARGES 9/1-9/31 57,515.57
Total: 57,515.57
11/06/24 CITY OF TURLOCK
11/6/2024 10:43:20 AM
ITEM 4
Date
Voucher List
City of Ceres
11/6/2024 10:43:21 AM
Vendor Name Invoice Description Amount
12,685.00
11/06/24 GROVER LANDSCAPE SERVICES,
INC
SEPT24 DOWNTOWN BUSINESS LANDSCAPING SRVS 187.35
Total: 187.35
Total:

Total: 805.21
11/06/24 GREG AND AMANDA GREESON CONSULTING SERVICES FOR LEADERSHIP 4,200.00 CONSULTING SERVICES FOR OCT 24- NOV 24 8,485.00
TUBING, GAUGE, BUSHINGS 628.80
PUC FITTINGS 176.41
11/06/24 GREEN RUBBER-KENNEDY AG
TIMER FOR DOWNTOWN STREET LIGHTS 481.04
Total: 537.48
DISPOSABLE GLOVES -178.82
LATEX GLOVE WELL TRUCK 235.26
11/06/24 GRAINGER
GFOA MEMBERSHIP RNWL 01/01/25 - 12/31/25 305.00
Total: 305.00
11/06/24 GOVERNMENT FINANCE OFFICERS

ASSOCIATION (GFOA)
OCT24 MONTHLY LAB ANALYSIS 115.00
Total: 934.55
OCT24 WATER SAMPLE ANALYSIS NITRATE 42.80
OCT24 WATER SAMPLE ANALYSIS DIST 13 696.15
OCT24 WATER SAMPLE ANALYSIS NITRATE 37.80
OCT24 WATER SAMPLE ANALYSIS NITRATE 42.80
11/06/24 GEOANALYTICAL LABORATORIES,
INC
NOV 24 MED VIS PREMIUMS 269,457.88
Total: 269,457.88
11/06/24 FIRE RISK MANAGEMENT SERVICES
11/6/2024 10:43:20 AM
ITEM 4
Date
Voucher List
City of Ceres
11/6/2024 10:43:21 AM
Vendor Name Invoice Description Amount
AUG 24 SMYRNA PARK IMPROVEMENTS FY23/24 3,515.07
Total: 3,515.07
11/06/24 MCFADDEN CONSTRUCTION, INC
PLANNING COMMISSION STIPEND-NOV. 24 80.00
Total: 80.00
11/06/24 KACHEL, GUY ROBERT
FILL DIRT FOR SRVC LINE REPAIR YELLOW BRICK LN 140.89
Total: 140.89
11/06/24 K & D ENTERPRISES INC.

PLANNING COMMISSION STIPEND-NOV. 24 80.00
Total: 80.00
11/06/24 JOHNSON, DAVID J.

SEPT 24 UB ONLIINE MAINT & SUPPORT FEE 475.00
Total: 475.00
11/06/24 INFOSEND, INC.

GENERATOR HEATER BLOCK WELL #21 1,650.58
Total: 1,650.58
11/06/24 INDUSTRIAL ELECTRICAL CO.

CUSTODIAL SUPPLIES F/S 1 178.71
Total: 420.16
Total: 18,259.27
11/06/24 IMPERIAL BAG & PAPER CO. LLC CUPS FOR WATER BREAKROOM 94.82 CUSTODIAL SUPPLIES F/S 1 146.63
FUEL FOR PW 10/01-15/24 ACCT: 76078 10,318.42
FUEL FOR PD 10/01-15/24 ACCT: 76081 7,940.85
11/06/24 HUNT & SONS LLC
WALL REPAIR-STAWBERRY SCADA 334.94
Total: 334.94
11/06/24 HOWK SYSTEMS, INC.
11/6/2024 10:43:20 AM
ITEM 4
Date
Voucher List
City of Ceres
11/6/2024 10:43:21 AM
Vendor Name Invoice Description Amount
Total: 2,125.07
CL2-WELL #38 1,021.61
CL2-WELL #41 1,103.46
11/06/24 NORTHSTAR CHEMICAL
1-1/4 INCH FITTINGS RIVER BLUFF 77.73
Total: 1,144.28
TOOLS FOR TRUCK & REPAIR 358.20
STRAWBERRY WELL 432.00
Total: 86.72
11/06/24 MODESTO WINDUSTRIAL CO WEST POINT ANTENNA CONDUIT SCADA 153.62 SPRINKLER FITTINGS & DAUBLER 122.73
Total: 268.52
11/06/24 MODESTO BATTERY COMPANY &
SUPPLIES, INC.

BATTERIES FOR PD EQUIPMENT 86.72
10/28/24 MATS FOR PW ADMIN BLDG 10.00
10/28/24 UNIFORM SERVICES STREETS 45.80
10/21/24 UNIFORM SERVICES WASTEWATER 54.64
10/21/24 UNIFORM SERVICES FACILITIES 32.88
10/21/24 UNIFORM SERVICES PARKS 40.72
10/21/24 UNIFORM SERVICES FLEET 28.70
10/21/24 MATS FOR ADMIN BLDG 10.00
10/21/24 UNIFORM SERVICES STREETS 45.78
11/06/24 MISSION LINEN SUPPLY
J THOMAS REIMBURSMENT FOR CERTIFICATIONS/D2 TEST 105.00 Total: 105.00
11/06/24 JOHN THOMAS
11/6/2024 10:43:20 AM
ITEM 4
Date
Voucher List
City of Ceres
11/6/2024 10:43:21 AM
Vendor Name Invoice Description Amount
A. FONTANA LIFEGUARD TRAINING RFND 300.00
Total: 300.00
11/06/24 ANGELINA FONTANA
BACKGROUND INVESTIGATIONS FOR NEW HIRES 9,388.15
Total: 9,388.15
11/06/24 RANK INVESTIGATION &
PROTECTION, INC.

SEPT 24 WELL 22 GRANULAR ACTIVATED CARBON(GAC)RMVL 624.00 Total: 624.00
11/06/24 PROVOST AND PRITCHARD

ENGINEERING, INC
SCREWS AND SPRINGS, PINS, NUTS - POLICE EXPLORER 91.11
Total: 91.11
11/06/24 PRICE FORD OF TURLOCK, INC.

PLANNING COMMISSION STIPEND-NOV. 24 80.00
Total: 80.00
11/06/24 OTERO, CERINA M.

Total: 353.20
Total: 125.67
11/06/24 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES & RECEIPT PAPER 258.58 CERTIFICATE HOLDERS, ENVELOPES, FOLDERS & TABS 94.62
DIESEL ADDITIVE STOCK FLEET 108.27
BATTERY FOR POLICE CHIEFS VEHICLE 228.28
BATTERY FOR WASTEWATER EASEMENT MACHINE 61.99
RETURN FROM CORE CHARGE -10.00
WINDOW LEVER FOR POLICE UNIT 10-299-12 53.10
BATTERY FOR STOCK 259.38
BROKE ROTORS AND PADS FOR POLICE FUSION 173.38
SPARK PLUGS FOR POLICE EXPLORER 6.76
11/06/24 O'REILLY AUTO PARTS OVER PAYMENT FROM INVOICE #223477 -936.01 BATTERY 180.52
11/6/2024 10:43:20 AM
ITEM 4
Date
Voucher List
City of Ceres
11/6/2024 10:43:21 AM
Vendor Name Invoice Description Amount
Total: 3,308.55
OCT 24 DENTAL CLAIMS 2,473.80
OCT 24 ADMIN FEE 834.75
11/06/24 STANISLAUS FOUNDATION DENTAL

CARE TRUST ACCOUNT
PROPERTY TAX - 3912 EL CAMINO ST #053-013-009-000 2,341.58 Total: 2,796.60
Total: 57.00
11/06/24 STANISLAUS COUNTY TAX

COLLECTOR
PROPERTY TAX RIVER RD #039-018-009-000 116.36
PROPERTY TAX- 2624 E DON PEDRO RD #053-013-001-000 338.66 Total: 286.00
11/06/24 STANISLAUS COUNTY RECORDER FILING FEES FOR NOTICE OF EXEMPTION - 24-29 LLA 57.00 Total: 9,763.54
11/06/24 STANISLAUS COUNTY DEPT OF

ENVIRONMENTAL RESOURCES
BUSINESS PLAN FEE/CUPA FA0000293 286.00
198.37
11/06/24 STANISLAUS COUNTY BUILDING INSPECTION & PLAN CHECK SERVICES FY24/25 7,475.49 BUILDING INSPECTION & PLAN CHECK SERVICES FY24/25 2,288.05 Total: 400.68
11/06/24 SAFE T LITE OF MODESTO INC 3 STREET NAME SIGNS 198.37 Total:

Total: 9,185.22
11/06/24 REFRIGERATION SUPPLIES DIST PARTS FOR EVAP COOLER COSTA 400.68 COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ 4,054.86
COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ 5,130.36
11/06/24 RECOLOGY BLOSSOM VALLEY

ORGANICS
PINEDA P7066 9/28/24 RFND CALMB 600.00
Total: 600.00
11/06/24 EDELIA PINEDA
11/6/2024 10:43:20 AM
ITEM 4
Date
Voucher List
City of Ceres
11/6/2024 10:43:21 AM
Vendor Name Invoice Description Amount
JULY 24 COPPER TRAILS LEGAL SVCS 1,842.40
JULY 24 PRA LEGAL SVCS 980.00
JULY 24 LABOR NEGOTIATION LEGAL SVCS 131.60
JULY 24 HR LEGAL SVCS 840.00
JULY 24 COMM DEV LEGAL SVCS 440.00
JULY 24 PD LEGAL SVCS 80.00
JULY 24 FIRE LEGAL SVCS 340.00
Total: 12,142.63
11/06/24 WHITE BRENNER LLP JULY 24 GENERAL MUNICIPAL LEGAL 11,883.34 JULY 24 WATER LEGAL SVCS 2,935.60
603.00
11/06/24 WESTWOOD PROFESSIONAL

SERVICES
7/28-8/24/24 MOFFETT RD REHAB PROJ AGRMNT/SWR RPL 11,965.37 7/28-8/24/24 SMYRNA PARK IMPROVEMENTS FY22/23 177.26
Total:

Total: 2,091.16
11/06/24 VALLEY ENTRY SYSTEMS, INC. GATE REPAIR PD 286.00 GATE REPAIR RVBL 317.00
07/29-08/25/24 FENCE RENTAL FOR ROCKEFELLER 522.79
08/26-09/22/24 FENCE RENTAL FOR ROCKEFELLER 522.79
09/23-10/20/24 FENCE RENTAL FOR ROCKEFELLER 522.79
07/01-07/28/24 FENCE RENTAL FOR ROCKEFELLER 522.79
11/06/24 UNITED SITE SERVICES
2,210.00
11/06/24 TYLER TECHNOLOGIES, INC. SEP 24 TYLER PROJECT MANAGEMENT 652.00 Total: 652.00
Total: 1,039.32
11/06/24 TROY E. SLAYBAUGH 10/1-10/15/24 GRAFFITI ABATEMENT - CODE AND PARKS 2,210.00 Total:
11/06/24 TELEDYNE INSTRUMENTS, INC REPLACEMENT FAN FOR SAMPLER 1,039.32 11/6/2024 10:43:20 AM
ITEM 4
Date
Voucher List
City of Ceres
11/6/2024 10:43:21 AM
Vendor Name Invoice Description Amount
1,294,216.40Vouchers in this report Total vouchers:

WWTP REPLACEMENT SO CORD & FITTINGS 2,413.58
Total: 2,871.24
Total: 44,503.39
11/06/24 WILLE ELECTRIC SUPPLY, INC. PATCH TRUCK - ELECTRICAL CREDIT -116.57 WWTP ELECTRICAL FITTINGS & TERMINALS 574.23
SEP24 HR LEGAL SVCS 4,582.80
SEP24 PRA LEGAL SVCS 1,120.00
SEP24 GEN MUNI LEGAL SVCS 4,801.48
SEP24 PD LEGAL SVCS 811.59
AUG24 LABOR NEGOTIATION LEGAL SVCS 1,184.40
AUG24 COPPER TRAILS LEGAL SVCS 65.80
AUG24 COMM DEV LEGAL SVCS 380.00
AUG24 PRA LEGAL SVCS 760.00
AUG24 PD LEGAL SVCS 2,520.00
AUG24 HR LEGAL SVCS 957.78
AUG24 GEN MUNI LEGAL SVCS 7,846.60
11/6/2024 10:43:20 AM
ITEM 4
ITEM 4

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: November 25, 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 October 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 October 2024.

FACILITY SERVICES:
• Completed 100 Facilities Maintenance work orders including: 59 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs, and 41 preventive maintenance services.
• Assisted the Ceres Community Center, Recreation Dept. with their Trunk or Treat event at Whitmore Park on Saturday, October 19, 2024. Facilities supported Recreation with set-up, event support and tear down. Attendance was estimated at 3,000.
• Assisted two elementary schools, Don Pedro, and Whitmore Charter with a light tower for their annual Fall Festivals.
• Assisted the Ceres Community Development Department with the ribbon cutting at Tuscany Village for the affordable housing program for residents. Facilities provided event set-up and support with the sound system and podium. • Conducted interviews to fill the vacant custodian position in Facilities. • Continued clean-up of homeless camps/debris at Independence Park and Roeding Park with the assistance of Code Enforcement.

ITEM 5
Maintenance activities performed by one (1) Supervisor, one (1) Senior Facilities Maintenance Worker, two (2) Facility Maintenance Workers, and four (4) Custodians.

FLEET SERVICES:

Completed 101 work orders.

Fleet, Department 20
• Completed 3 dealer warranties.
• New street sweeper went into service.
• New electric aerial lift bucket van went into service. • Forklift hydraulic repairs completed.
• Annual fleet smog tests for 56 vehicles started.

Fire, Department 15
• n/a

Police, Department 10
• Unit #104 had new HVAC pump replaced.
• Detective unit ford fusion had new lighting installed. • 2 dealer recall warranties completed.

Streets, Department 30
• Kabota weed spray tractor had sprayer pump rebuilt.

Water, Department 35
• Ford F350 had new utility bed installed.

Parks, Department 40
• 4 vehicles/equipment serviced.
• Toro large mower serviced.

Wastewater, Department 25
• Freightliner VacCon serviced.

Facilities, Department 41
• 2 vehicles serviced.

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 365 service requests in the following categories:
• Bike Path Repairs: 1
• City Grounds Maintenance: 11
ITEM 5
• Park Landscape and Maintenance: 219
• Parks Landscape chemical usage: 50 gallons Parks / Grounds • 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: 26
• Right of Way (ROW) Irrigation Repairs: 13 sprinklers • Park Trees: 41 Trimmed 15 removals
• Customer Requests Tree or Limb Down, Trims or Removals: 39 Parks sprinklers repaired or replaced:

All wells were serviced, and turbo flush screens cleaned. • Barry Grove – 0
• Costa Fields – 0
• Don Pedro – 12 vandalisms
• Independence – 2 vandalisms
• Dog Park – 3 maintenances eliminated one section due to tree removal. • Neel Park – 4 maintenances
• Persephone – 0
• Redwood – 5 maintenances
• River Bluff – 9 vandalisms
• Riverview – 2 maintenances
• Roeding Heights – 18 maintenances
• Sam Ryno – 1 maintenance
• Smyrna – 2 maintenances
• Strawberry – 6 maintenances
• Whitmore – 2 maintenances
Parks General Maintenance/Repairs:
• Graffiti removal at Sam Ryno (2), Strawberry (1), River Bluff (3), Roeding (3), Ochoa (3) Persephone (2), Smyrna (8), Don Pedro (4) Riverview (2) and Independence Park (3)
• Grid Prune Program Performed 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 October Grid prune funding request for FY 24/25 was eliminated • Current tree emergency maintenance is performed by Parks crews during normal work hours.

Grounds
Rights of Way (ROWs):

ITEM 5
• Two Irrigation valves on Railroad ROW destroyed due vandalism. • Faith Home Rd: Pending schedule for backflow install. Unlocked all for testing. • River Road: backflow replacement scheduled with water division. Currently water is shut off at River and Canyon Falls.
• Repaired Controller at San Pedro, possible replacement needed. • Repaired irrigation at Fire Training center on Service Rd. controller replaced with pucks, two leaks under trees needs to be fixed.
• Roundabouts sprayed for nut grass.
• Whitmore Mansion / Museum working on irrigation Mowed both.

City Hall:
• Sprayed all weeds/nut grass. Repeated Treatment.

Parks
City Parks:
• Installed Playground Fibar at Redwood / Still need for River Bluff, Neel and Ochoa.

Don Pedro:
• Repaired well Scada box.
• Repaired mainline break at well.
• Repaired tornado slide mount at post.

Sam Ryno:
• Spinning chair repaired and Rocking cycle in process for assembly to install. • Replaced animal call sounder mounts. Vandalism.
• Adjusted SCADA for Program Comms issues.

Smyrna Park:
• Power washed Lions area once.
• Moved around benches to prevent skateboarding across benches. • Damage to Large slide 5-12 and damage to small slide 2-5. • Damaged toddler swing removed.
• Damage to balance board removed.

Costa Fields
• Adjusted well due Ramming well from improper shutdown. • Cleared 1 tree from backstop area.

Strawberry Fields
• Repaired well installed a 4inch check valve, compression coupler and nipple valve. • Worked with school district to repair their backflow devise.

Roeding Park:
• Flushed well due to sand sediment.
• Repaired fence at tennis court.

ITEM 5
Neel Park
• Removed tree from dog park.
• Reset SCADA Program.

Independence Park:
• Repaired well from vandalism, replaced pressure transducer adjusted SCADA. • Fixed fence due to vandalism.
• Fire started under wall climber temporary repaired made.

Riverview Park:
• No reporting.

River Bluff Park:
• Playground area - replaced 5 sprinklers due to vandalism. • Repaired damaged fence at water well due to vandalism. • Adjusted all fields to different ware patterns.
• Trimmed 6 trees and clean up large limbs.
• Bush hogged lower terrace.
• Cross country every Wednesday.
• All fields in use all week.
• Prep work for Ceres Music Festival.

Guillermo Ochoa Park:
• Several Irrigation valves closed off in park due to vandalism. Reopened. • Irrigation Well, is on SCADA fulltime now making new adjustments. • Added new volleyball net.
• New signs for park rules added and pickle ball rules. • Repaired Carousel and leg elliptical walker due to abuse. • New trash cans and bench added near basketball and pickle ball court. • One bench and trashcan supplied by Rotary Club.
• Pickleball net and post damaged.
• Basketball backboard twisted required adjustment.

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

Parks Maintenance Worker, and Five (5) Park Maintenance Workers.

SOLID WASTE & RECYCLING:

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

▪ Residential…………………….… 1216.35 tons
▪ Commercial………………………. 1,843.95 tons
▪ Illegal dump/litter abate (code enforcement) 13.11 tons. ▪ Illegal dump (Bertolotti) ………. .25 tons, 6 locations ▪ Bulky items…………………….… 32 tons, 127 locations
▪ Leaf/limb ………...…………….… 139.22 tons
ITEM 5
▪ Street Sweep………………….… 137.15 tons
▪ Residential Organics…………… 469.38 tons
▪ Commercial Organics…………. 193.18 tons
▪ Residential Recycle………….… 199.48 tons
▪ Commercial Recycle …………… 13.21 tons.
▪ C&D (Construction/Demolition Debris) 8.82 tons. ▪ Used oil…………………………… 218 gallons
▪ Used oil filter……………...……… 64
.
• There were 10 organic cart contamination violations issued in October. • There were 4 recycle cart contamination violations issued in October. • There were 18 leaf & limb program violations issued in October. • The seasonal leaf & limb program began October 1st and will continue until January 9th. • Solid Waste staff has begun planning and coordination for the annual Community Disposal Day. The event will be held on Saturday, February 1 st at the River Bluff Regional Sports Complex from 8am to 11:45am.

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

STREETS SERVICES:

• Staff responded to a total of 111 customer service requests. • Repaired 55 streetlights.
• Responded to 189 Underground Service Alerts (USA) markings. • Slurred pipeline at 2413 Hilo
• Repaired sinkhole at 3620 Ninth Street.
• Repaired sinkhole in Lois alley.
• Replaced pump rails at lift station.
• Cleaned 31,190 feet of storm drain pipeline.
• Restriped library parking lot
• Repaired crosswalk lighting at Argus High School
• Performed 3 excavation for the Water Division
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 7 customer service requests and 42 sewer problems, during working hours and after hours.
• Staff responded to 3 Smart Cover alerts & alarms that prevented Sanitary Sewer Overflows (SSO’s).
• There were (0) SSO’s in October which resulted in (0) gallons spilled and recovered.
• Serviced or Repaired:
o Lift Stations – 15
ITEM 5
o WWTP Equipment – 22
o Main line sewer plugs – 0
o Aerators – 14
• 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 37,919 feet of sewer main line.
• Staff CCTV inspected 2,054 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). • Staff gathered data and attended meetings & tours regarding the Ceres Wastewater Treatment Plant upgrades.
• SCADA Integrator, Jeff Burrows, and Wastewater Staff continued integrating treatment plant controls to the new SCADA system.
• Staff attended training on Electrical Safety & Wastewater Treatment. • Staff continues necessary changes to the treatment plant office building, patching, painting, removal of wiring and bracketry.
• Staff repaired a sewer lateral on 9 th Street that was found broken during an excavation for a water repair.
• Staff assisted by the Streets Department repaired a sewer mainline that had failed on Lois south of Hollister.
• Staff assisted Streets Department to remove built up storm water in the Hollister and Lois neighborhood.
• Staff cleaned and maintained all 14 aerators. 3 aerators had repair work performed in place, 1 was removed and is having a new motor installed. • Staff checked & marked 208 USA tickets, which took 30 hours; preventing contractors from damaging City sewer lines.
• Turlock sewer usage charge for the month of September $57,515.57 • Modesto sewer usage charge for the month of September has not been received. • Effluent Biochemical Oxygen Demand (BOD) 134 mg/L.
• The Wastewater Treatment Plant treated and disposed of 75.88 MG (Million Gallons) of wastewater with an average of 2.45 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.

Please note there are two (2) unfilled Wastewater Operator positions.

WATER SYSTEM MAINTENANCE:

Water, Department 35

• October 2024 well production was 68.077 million gallons.

ITEM 5
• Treated Water delivered from SRWA was 128.68 million gallons. • Average water use for October was 6.35 million gallons per day. • Water staff responded to 87 customer service requests. • Water staff responded to 120 Underground Service Alerts (USA) markings. • Meter statistics and repairs:
o Meters in water distribution system: 11,875
o Meters/radios serviced: 53.
o Meters replaced: 8.
o Meters upgraded from ¾”, 5/8” to 1”: 2.
o New meter installations: 1
o Meters tested for accuracy: 0.
• Total valves in water distribution system: 4,402 of which 4 were exercised. • Blow-offs and hydrants flushed: 2.
• Water main leaks: 0
• Service line leaks: 5.
• Service lines have been replaced: 2.
• Hydrants replaced: 2.
• Water quality samples taken: 74.

Water Conservation, Department 36

• 2024 calculated residential gallons used per person per day: 78 • Annual average is 72 gallons per person per day.
• Responded to 11 water conservation service requests.
• Water portal has 364 residents registered.
• Issued courtesy notifications: 154
• .
• Performed 1 water audits.
• Delivered 75 water waste warnings and issued 4 water waste fines. Excess consumption fines data for September was not available from Finance as of the due date of this report. There were 215 excess consumption fines issued in September.
• Rebates Issued: Dishwasher: 0, Smart Irrigation: 0, ULF Toilets: 0, Washing Machine: 0, and Turf Replacements: 2
• Total Rebates YTD: 63

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 October 2024, we had a decrease of 1% from the October 2020 production numbers.

ITEM 5

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 5
ITEM 5

COUNCIL AGENDA REPORT

Resolution No. 202 4-XXX, Approving a Five-Year Agreement with Stanislaus Regional 911 Designating Ceres Police Department as an Alternate Public Safety Answering Point , Approving a Maintenance Contract for Police Dispatch Radios , and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council authorize the City Manager to enter into an agreement with Stanislaus Regional 911 (SR911) designating Ceres Police Department as an alternate Public Safety Answering Point and approving a maintenance contract for Police Dispatch Radios.

I. BACKGROUND:

The Ceres Police Dispatch Center currently uses Stanislaus Regional 911 (SR911) as an alternate Public Safety Answering Point (PSAP) in cases where the Dispatch Center is rendered inoperable for unforeseen or unpreventable occurrences. This allows Ceres Police Dispatch to continue functioning and providing services to the citizens Ceres in the event of a catastrophic Dispatch Center failure.

SR911 in turn has designated Ceres Police Department as an alternate PSAP in cases where their facility is rendered inoperable for unforeseen or unpreventable occurrences.

This allows SR911 to continue functioning and providing services in the event of a catastrophic Dispatch Center failure.

Designating both centers as an alternate PSAP benefits both Ceres Police Department and SR911 within Stanislaus County by providing redundancy and failover capabilities to both sites.

ITEM 6
II. REASONS FOR RECOMMENDATION:

SR911 has agreed to provide 24/7 police dispatch maintenance to all backbone radio equipment. The police department has agreed to pay a monthly fee to SR911 for this maintenance.

The current radio system is a county-wide collective to which each agency in the county shares a portion of the maintenance cost. The Ceres Police Department is responsible for two trunking controller systems.

This cooperative five-year agreement between Ceres Police Department and SR911 will also ensure emergency services in the City of Ceres and Stanislaus County will continue to function in the event of a catastrophic Dispatch Center failure.

III. FISCAL IMPACTS:

The 2024-25 Police Department budget includes maintenance costs of $13,400.00. This amount was based on the contracted amount in the previous agreement.

The maintenance costs as outlined in th is new agreement will total $ 19,713.72 leaving the department $6,313.72 short for this fiscal year.

The increased costs are due to updated hourly rates to current pay rates and adding the cost for the connection between SR911 and Ceres PD. This connection cost is split 50/50 with SR911 and is a new charge as it was omitted from the previous contract in error.

The department will cover this shortfall by identifying funds within Measure H that can be transferred into Contract Services.

The increased cost will be included in future budgets.

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:

Currently there are no viable alternatives for redundancy of both Dispatch Centers.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
ITEM 6
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval the City Manager will enter into an agreement with SR911 to provide radio maintenance and support for Ceres Police Dispatch along with designating Ceres Police Department as an alternate PSAP for SR911.

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

1. Attachment A – Resolution

2. Attachment B – Agreement

3. Attachment C – Monthly Maintenance Costs
ITEM 6
ITEM 6

ATTACHMENT A
RESOLUTION NO. 2024-XXX
APPROVING A FIVE-YEAR AGREEMENT WITH STANISLAUS REGIONAL 911

DESIGNATING CERES POLICE DEPARTMENT AS AN ALTERNATE PUBLIC

SAFETY ANSWERING POINT, APPROVING A MAINTENANCE CONTRACT FOR

POLICE DISPATCH RADIOS, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres, California
WHEREAS, the Police Dispatch Center cu rrently ut ilizes S tanislaus R egional 911 as an alternate Public Safety Answering Point for Police Dispatch Services; and WHEREAS, Stanislaus Regional 911 wishes to enter into a five -year agreement with the City of Ceres designating the Police Department as an alternate Public Safety Answering Point; and
WHEREAS, this a greement w ill al so pr ovide maintenance of the C eres P olice Department radios; and
WHEREAS, this agreement is beneficial to both the Ceres Police Department and Stanislaus Regional 911 by providing redundancy for emergency services within the City of Ceres and Stanislaus County.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a five-year agreement with Stanislaus Regional 911 designating Ceres Police Department as an alternate p ublic safety answering p oint, approves a maintenance contract for police dispatch r adios, 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 25th day of November 2024, by the following vote:

AYES:

Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

ATTACHMENT B
1 COOPERATIVE AGREEMENT BETWEEN STANISLAUS REGIONAL 911

AND THE CITY OF CERES
For the Ceres Police Communications Site

This Cooperative Agreement (“Agreement”) is entered into by and between Stanislaus Regional 911 ("SR911") and the City of Ceres ("City") on November 12, 2024. SR911 and the City may each be referred to herein as “Party” or collectively as the “Parties”.

Introduction

A. The City owns and operates a public safety communication facility located at 2727 Third street, Ceres, Stanislaus County, California (“Facility”).

B. SR911’s Alternate “Public Safety Answering Point” (Alt. PSAP) is located at the Facility.

C. SR911 desires to install communication equipment at the Facility to provide improved communications at this site and to make the system more geo-diverse (“Project”).

D. The Project will benefit SR911, the City and other Public Safety jurisdictions within Stanislaus County by providing redundancy and failover capabilities to both sites.

E. SR911 and the City desire to enter into this agreement, which outlines the collaborative process to make improvements to the Facility.

NOW, THEREFORE, it is mutually understood and agreed to by the Parties as follows:

SECTION 1. OBLIGATIONS OF SR911

1.1 SR911 shall provide maintenance for the following equipment at the Facility at its sole cost and expense:

a. Two Tait Trunking Controller servers for the County Wide Trunked Simulcast Radio System.

b. One Avtec VP Gate Server for the Dispatch Radio Console.

ITEM 6

ATTACHMENT B
2 c. Two AT&T Ethernet Connections.

d. Two Cisco Switches.

e. Six Avtec Radio Console Positions.

1.2 SR911 will provide 24/7 maintenance to all backbone radio equipment at the Facility as detailed in Exhibit A. This agreement does not include antennas or coax line kits on the tower. Other work performed that is not covered under this contract will be on a time & material basis at a rate of $86.40 per hour. During normal business hours from 0800-1700.

1.2.1 SR911 will provide a two -hour response time for priority calls. Non-emergency calls for service will be performed Monday – Friday during normal business hours 0800-1700.

1.2.2 SR911 will repair equipment which has become defective through normal wear and usage. SR911’s obligation to maintain said equipment does not include the repair or replacement of equipment which has been damaged due to acts of God, fires, accidents, physical abuse or misuse of equipment. Repair of this equipment will be repaired on a time and material basis at a labor rate of $8 6.40 per hour during normal business hours of Monday -Friday 0800-1700. An after-hours call - out rate in the amount of $129.60 will be charged for work performed outside of normal business hours.

1.2.3 For equipment that is documented “End of Life” by the manufacturer , SR911 will make best efforts to repair equipment if replacement parts can be located.

1.2.4 The City may add or remove equipment as needed at any time during the contract and the cost to the City will be adjusted to reflect the changes.

SECTION 2. OBLIGATION OF CITY

2.1 The City shall provide the following equipment or property at its sole cost and expense:

a. Space at the Facility, sufficient to accommodate the radio equipment.

b. 24/7 access for SR911 technical staff and qualified third -party vendors that have met City and SR911 security requirements;

c. Stand-by generator.

ITEM 6

ATTACHMENT B
3 d. City shall be responsible for utility cost to power communications equipment.

e. Pay cost of 24/7 Maintenance Services to SR911 at a rate of $1,642.81 per month.

SECTION 3. OBLIGATIONS OF BOTH PARTIES

3.1 The Parties will share the cost with the City for the network connection between the two agencies.

The Parties will both share use of the simulcast trunking system and dispatch radio console system.

3.2 If the City should elect to use the Avtec dispatch console system, SR911 will provide a user name and password to the Cit y employees that have attended Avtec training, in order to make any necessary adds moves or changes.

SECTION 4. IT IS MUTUALLY AGREED AS FOLLOWS:

4.1 The term of this Agreement shall commence on the effective date of the Agreement and shall continue in effect unless and until it is terminated by mutual agreement of the parties.

Contract will be valid for one year with automatic renewals for a maximum of 5 years. The City or SR911 may terminate this contract at the end of the contract date or upon 30 days written notice by certified mail.

4.2 Neither party, nor any of its officers or employees, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the other party under or in connection with any work delegated to that party under this Agreement. The parties further agree, pursuant to Government Code section 895.4, that each party shall fully indemnify and hold harmless the other party and its agents, officers, employees and contractors from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorney fees, arising out of, resulting from, or in connection with any work delegated to or action taken or omitted to be taken by such party under this Agreement.

4.3 This Agreement 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.

4.4 This Agreement may be modified, amended, changed, added to, or subtracted from by the mutual consent of a majority of the parties to the Agreement provided the amendment or change is in written form and executed the appropriate representatives of the parties and attached to the original Agreement to maintain continuity.

ITEM 6

ATTACHMENT B
4 IN WITNESS WHEREOF, this Agreement is executed by the duly authorized representatives of the parties on the day and year first written above.

CITY OF CERES

By: _____________________________ By: _____________________________ Douglas D. Dunford Christopher Perry
Ceres City Manager Chief of Police

By: _____________________________ By: ______________________________ Fallon Martin Nubia Goldstein
Ceres City Clerk Ceres City Attorney

CONSOLIDATED EMERGENCY DISPATCH

AGENCY COMMISSION

By: ______________________________
Buck Condit
President of Consolidated Emergency Dispatch Agency Commission

APPROVED AS TO CONTENT:

By: ______________________________
Kasey Young
Executive Director of Stanislaus Regional 911

APPROVED AS TO FORM:

By: ______________________________
Thomas E. Boze
County Counsel to Stanislaus Regional 911
ITEM 6

ATTACHMENT C
Monthly Maintenance Cost
Description Model Serial Comments Amount
Position 1 Avtec Position PC TBD Computer, Video Monitor $100.00 Position 2 Avtec Position PC TBD Computer, Video Monitor $100.00 Position 3 Avtec Position PC TBD Computer, Video Monitor $100.00 Position 1 Avtec Media Work Sta TBD $100.00
Position 2 Avtec Media Work Sta TBD $100.00
Position 3 Avtec Media Work Sta TBD $100.00
(4) OutPosts Avtec Gateway TBD $120.00
Quantar #1 T5365A 360CAZ0040 $100.00
Quantar #2 T5365A 360CAZ0041 $100.00
Quantar Spare T5365A 360CAZ0042 $0.00
Quantar Spare T5365A 360CAZ0043 $0.00
Tx Combining System WIJD-860-55 11614-001 $50.00
Tait TB9100 Repeater TB9100 Ceres PD VHF Repeater $100.00 Motorola APX Consolette L30URS9PW1AN 761CUK0215 CPD 800 Law Aid Base Station $100.00 MCS2000 Base Inter-Op 800 Base $30.00
Remote Adapter ITA2000 $20.00
Sub-Total $1,220.00
Quanitity Cost Amount
1 $422.81 $422.81
Sub-Total $1,642.81
Ceres PD Back Bone Equipment Maint. Cost w/ SR911
Description
AT&T - 50 Mbit Network connection between
Ceres PD & SR 911 (Cost Split between CPD & SR911)
ITEM 6
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: November 25, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Chris Perry, Chief of Police
[email protected], (209) 538-5725
SUBJECT: Resolution No. 2024 -XXX, Accepting the California Attorney General Tobacco Grant Allocation and Approving a Budget Amendment
RECOMMENDED COUNCIL ACTION:

Staff recommends Council authorize the acceptance of the California Attorney General Tobacco Grant allocation.

I. BACKGROUND:

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

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

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

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

Grantees may use grant funds for activities including, but not limited to:
• Enforcement of flavor ban laws/ordinances
• Retailer compliance and licensing checks
• Consumer protection investigation and enforcement actions • Illegal online sales and marketing, including use of door-to-door delivery services • Development of task forces (regional working groups) for enforcement operations • Retailer training and diversion programs
ITEM 7
The Tobacco Grant Program is a reimbursement grant. DOJ will reimburse selected public agencies, in arrears, for approved expenditures upon receipt of invoices, quarterly progress reports, and other enforcement data required.

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

II. REASONS FOR RECOMMENDATION:

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

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

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

III. FISCAL IMPACTS:

Staff has been awarded $89,574.00 to pay for surveillance equipment and overtime expenses (including the cost of benefits) incurred during decoy operations, compliance checks and inspections.

This is a reimbursement Grant and will require the Police Department to pay for the equipment and overtime up -front. Attached Budget Amendment (Attachment B) represents the first year’s appropriation and revenue. This will result in no fiscal impact to the General Fund. Future years will be appropriated through the Budget planning process.

Staff will be responsible for submitting the paperwork to request repayment of the incurred expenditures.

The decoy operations, compliance checks and inspections are to be completed over a three-year period and the annual reimbursement amounts cannot exceed the following (refer to Attachment E for additional details):

FY 2024-25 - $41,058.00
FY 2025-26 - $24,258.00
FY 2026-27 - $24,258.00

The equipment purchased by the grant will become the property of the City of Ceres .

There is no matching fund requirement.

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

N/A

V. POLICY ALTERNATIVES:

N/A

VI. INTERDEPARTMENTAL COORDINATION:

N/A

VII. PUBLIC PARTICIPATION:

N/A

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

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

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – Memorandum of Understanding

4. Attachment D – Award Letter

5. Attachment E – Summary of Award

6. Attachment F – Budget Detail

7. Attachment G – Letter of Intent to Accept

ITEM 7
ITEM 7
RES
OLUTION NO. 2024-XXX
ACCE

PTING THE CALIFORNIA ATTORNEY GENERAL TOBACCO GRANT

ALLOCATION AND APPROVING A BUDGET AMENDMENT
T

HE CITY COUNCIL
City of Ceres, California
W
HEREAS, the Tobacco Grant Program will assist law enforcement agencies enforce tobacco-related state laws or local ordinances related to retail tobacco sales and marketing; and
W
HEREAS, the Tobacco Grant Program will pay for surveillance equipment and overtime expenses (including the cost of benefits) incurred during decoy operations and compliance checks and inspections; and
W
HEREAS, this equipment and overtime will allow our Officers to spend more time in the Community for the purpose of prevention, enforcement, and education in California State Tobacco laws; and
W
HEREAS, the Grant amount awarded of $89,574.00 for equipment and overtime costs is funding that the Police Department could not cover at this time.

NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept the California Attorney General Tobacco Grant Allocation and approves a budget amendment.

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

P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25th day of November 2024, by the following vote:

AYES:

Councilmembers:

NOES Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___
_____________________________
Javier Lopez, Mayor
ATTEST:
___
__________________________________
Fallon Martin, City Clerk
ITEM 7

ATTACHMENT A
ITEM 7
Budget Amendment No.

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

Appropriations:

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

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

ITEM 7
ITEM 7

MEMORANDUM OF UNDERSTANDING

PURPOSE
This Memorandum of Understanding (“MOU”) is entered into by the Department of Justice (“DOJ”) and the Ceres Police Department (“Grantee”), for the purpose of disbursing grant funds to Grantee for reimbursement of expenditures in compliance with the California Code of Regulations and the Fiscal Year 2024-25 Grantee Handbook.

C
ommencing January 1, 2023, the California Code of Regulations, Title 11, Division 1, Chapter 5:

Department of Justice Tobacco Grant Program (“TGP Regulations”) shall govern the policies and procedures of the Tobacco Grant Program.

T
he TGP Regulations, Request for Proposals, Grantee Handbook (dated April 2024), and Summary of Award document are hereby incorporated by reference into this MOU. Grantee will expend funds for the purposes identified in the approved Summary of Award document. Reimbursements are to be funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016, approved by the voters as Proposition 56.

OST REIMBURSEMENT
DOJ agrees to reimburse Grantee in arrears, for Grantee’s actual expenditures in performing the project or scope of work included in the approved Summary of Award document. Reimbursements for line items in the approved Budget Detail will be made upon receipt of invoices from Grantee and approval of the invoices by DOJ, in accordance with the reimbursement procedures set forth in the TGP Regulations and Grantee Handbook.

UDGET CONTINGENCY CLAUSE
It is mutually agreed, if the Budget Act of the current fiscal year and/or any subsequent years covered under the MOU does not appropriate sufficient funds, the MOU shall be of no further force and effect.

In the event this situation occurs, DOJ shall have no liability to reimburse/pay any funds to Grantee, or to furnish any other considerations under this MOU. As well, Grantee shall not be obligated to continue performing the provisions of this MOU, for which the Grantee would have been reimbursed.

I
f funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, DOJ shall have the option to either cancel this MOU with no liability occurring to DOJ or offer an addendum to the Grantee to reflect the reduced amount.

ROJECT BREACH-TERMINATION
Failure of a Grantee to comply with this MOU or the TGP Regulations shall be treated by DOJ as a breach of contract. If an act of noncompliance occurs, DOJ may take actions described within the TGP Regulations, including termination. DOJ may terminate this MOU and be relieved of any obligation to disburse grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU.

ITEM 7

ATTACHMENT C

MISCELLANEOUS PROVISIONS
Addendum – No addendum or variation of the terms of this MOU is valid unless made in writing and signed by the duly authorized representatives of the parties.

Assignment – This MO U is not assignable by Grantee in whole or in part.

Indemnification – Grantee agrees to indemnify and hold harmless DOJ, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU.

Certifications – Grant ee certifies that it does not receive funding from a manufacturer, distributor, or advertiser of Cigarettes or Tobacco Products. Grantee further certifies that grant funds will not supplant existing state or local funds dedicated for the same purpose.

T
ER
MS
Grant Duration: 11/1/2024 – 6/30/2028
Award Amount
Category of Expenditure Budget
FY 2024-2025
Budget
FY 2025-2026
Budget
FY 2026-2027
Budget
FY 2027-2028
Personal Services $20,103 $20,103 $20,103 $
Operating Expenses and
Equipment $19,000 $3,000 $3,000 $
Administrative Costs (Not to
Exceed 5%) $1,955 $1,155 $1,155 $
TOTAL AWARD AMOUNT $89,574
T
he time limit for reimbursements against this award ends 6/30/2028. Requests for reimbursement received after 7/15/2028 cannot be considered by DOJ.

RANTEE CONTACT INFORMATION
Lt. Keith Griebel
C
eres Police Department
2727 Third Street
Ceres, CA 95307
209
-538-5723
K
[email protected]
ITEM 7

ATTACHMENT C
AU

THORIZATION
DOJ and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addendums shall be e-mailed to [email protected], care of the Division of Operations, Local Assistance Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties. ____
_______________________________ ___________________
NAME: Douglas D. Dunford Date
Title: City Manager
Agency: City of Ceres
____
_______________________________ ___________________
NAME: Nubia Goldstein Date
Title: City Attorney
Agency: City of Ceres
A
TTEST AS TO FORM:
____
_______________________________ ___________________
NAME: Fallon Martin Date
Title: City Clerk
Agency: City of Ceres
____
__________________________ ___________________
JENNIFER IVERY JOHNSON, Grant Manager Date
Division of Operations
California Department of Justice
____
_______________________________ ___________________
NICOLE LEARNED, Administrative Manager Date
Division of Operations
California Department of Justice
____
______________________________ ___________________
CHRIS RYAN, Chief Date
Division of Operations
California Department of Justice
ITEM 7

ATTACHMENT C
ITEM 7

CA LIFORNI A

DEPARTMENT OF JUSTICE
Keith Griebel, Lieutenant
Ceres Police Department
2727 3rd St
Ceres, CA 95307
October 16, 2024

ATTACHMENT D
Rob Banta
Attorney General

DIVISION OF OPERATIONS

OFFICE OF THE CHIEF

GRANT SERVICES BRANCH

TOBACCO GRANT PROGRAM
P .0. Box 160187
Sacramento, CA 95816-0187
Telephone: (916) 210-6422
E-Mail Address: [email protected]
Re: Tobacco Grant Award Notification Fiscal Year 2024-25 (RFP: DOJ-PROP56-2024-25-1) Dear: Lieutenant Keith Griebel
Congratulations! On behalf of the California Department of Justice (DOJ), Tobacco Grant Program, I am pleased to inform you that your agency's grant application for the fiscal year 2024-25 grant cycle has been approved for grant funds authorized under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016. The total amount of your agency's grant award is $89,574.

The Tobacco Grant Program award process is highly competitive, and for the 2024-25 grant cycle, the Department received over $50 million in requests. As noted in the application materials, grant funding prioritized support for local retailer enforcement, including enforcement of flavored tobacco bans. Consequently, some awards were approved with modifications to align with these funding priorities. Attached is a Summary of the Award and Budget Detail outlining the funding provided along with any modifications applied.

To accept the 2024-25 grant award, please complete and return a signed copy of your Letter of Intent (see template and instructions attached) by email within 15 calendar days of the date of this letter. This letter will affirm either:

1. Your agency will seek a resolution from the governing body to accept the award (if your agency has a governing body); OR

2. No governing body exists and no resolution is required.

Please email the signed Letter of Intent as noted above to [email protected] with the subject line including the name of your agency: "FY 24-25_Letter of lntent_Ceres Police Department." Upon receipt of this information, DOJ will provide your agency with additional documents for execution/use (e.g., Memorandum of Understanding, Governing Body Resolution template, Grantee Handbook, etc.). These documents will contain more information ITEM 7
October 16, 2024

Page 2 ends

ATTACHMENT D
about the process for reimbursement and other important details. Activities for reimbursement under this grant may commence on or after November 1, 2024 depending upon your select�d start date.

Should you have any questions regarding this letter or the required follow up information, please email [email protected].

Attachments:

Letter of Intent
Summary of Award
Budget Detail
Sincerely,

JENNIFER IVERY JOHNSON
Manager, Grant Services Branch
For ROB BONTA
Attorney General
ITEM 7

ATTACHMENT E
Tobacco Grant Program

GRANT SERVICES BRANCH - LOCAL ASSISTANCE

DIVISION OF OPERATIONS

TOBACCO GRANT SUMMARY OF AWARD
DOJ-PROP56-2024-25-1-012

CERES POLICE DEPARTMENT
This Summary of Award document will be used by the Tobacco Grant Program when determining whether an activity or expense claimed was approved for funding and is reimbursable. Activities other than those presented here may not be reimbursable. A Grant Modification may be necessary for material deviations. Please consult with your Grant Program Officer before engaging in any activity beyond this scope.

By signing the Memorandum of Understanding, your agency agrees to the commitments outlined below and this document becomes part of the Grant Agreement.

AWARD SUMMARY
Award Amount: $89,574
Removed from Award: Training
Requested Amount: $202,662
Reduced Line Items: Reduced
equipment to $16k
Other Changes or Stipulations: As noted in Budget Detail, equipment items cannot incude street light camera, roof rack camera, live link street camera, live link camera kit.

IMPORTANT PROVISIONS FOR ALL GRANTEES
I. Enforcement Activities
a. Authorized - If enforcement activities were proposed, only activities that target retailers for illegal sales/marketing of tobacco products were approved. It is expected that the flavor ban will be enforced within one or more enforcement activities. b. Unauthorized - Community or school patrols, or other enforcement actions related to tobacco use and possession, are not permitted.

II. Educational Activities
10/16/2024
a. Authorized - Retailer and/or officer educational activities on tobacco laws and ordinances, if included, are authorized as noted below.

Page 1 of 4 ends

ITEM 7

ATTACHMENT E
b. Unauthorized - School or community education efforts, including media campaigns, are not permitted as part of this award. All educational efforts should be directed to retailers and/or officers.

Ill. Removed Personnel or Other Items
a. If specific personnel or other items were removed and not funded, they cannot be reinstated during the grant term.

IV. Reduced Line Items
a. If a specific line item was reduced, the intention was to not fully fund it or the activities it represents.

V. Mileage/Fuel
a. Budgets that include mileage or fuel were amended to include both together in one line item for flexibility and the type of backup documentation available. Mileage is limited to the state rate in effect at the time of travel.

VI. Equipment
a. All equipment items must be purchased during the first year of the grant as noted on the Budget Detail. Their awarding is intended to support project goals and be used to support grant activities throughout the grant term.

Please refere nce the Tobacco Grant Program Grantee Handbook/or more information regarding allowable costs.

GOALS AND ACTIVITIES
Retail Inspections
• Per year, 24 retailers will be inspected.
• Additional details regarding these inspections:
o Ceres PD will conduct 4 4-hour operations annually (12 total) with 1 Lieutenant and 4 patrol officers.
o CPD will investigate 1} required tobacco storage; 2) no illegal products are being sold; 3) licensing; and, 4) no advertising is directed at underage youth. o CPD will provide educational materials on local, state, and federal guidelines on tobacco sales and educational posters to display.
o Inspected businesses will be targeted for a decoy operation within the next quarter to ensure that citations issued are resolved, with retailers near schools a priority.

Minor Decoy Operations
• Per year, 4 minor decoy operations will be conducted. • Per year, 48 retailers will be targeted through these operations. • Additional details regarding these operations:
o CPD will conduct 4 4-hour minor decoy operations per year with 1 Lieutenant & 4 patrol officers, following retail inspections.
10/16/2024 Page 2 of 4
ITEM 7

ATTACHMENT E
o Officers will receive comprehensive training in Year 1 on local, state, & federal laws & how to conduct the operation.
o Citation(s) as appropriate and on-site education will be provided Sfloufder Tap Operations
N/A
Undercover Buys
N/A
Retailer Education
• Per year, 48 retailers will receive educational materials. • Per year, 20 retailers will receive on-site education. • Additional details regarding these retailer education activities:
o CPD will distribute comprehensive guidelines on local, state, and federal laws/regulations on tobacco sales, including underage sales within six months of award. o When there is a change in local, state, or federal law, such as when the tobacco ordinance is passed, CPD will update all licensed tobacco retailers. o If a retailer fails an inspection or minor decoy operation, CPD will provide on-site education and review the relevant laws and how to handle a future underage sales attempt.

Enforcement Officer Education
• Per year, 28 enforcement officers will receive education about tobacco laws and ordinances. • Additional details regarding these officer education activities:
o 4 officers will receive comprehensive training on underage purchases of tobacco & undercover operations, such as: related laws, penalties and consequences for violations, compliance checks procedures, business owners/minors rights, proper documentation & evidence collection, tobacco inspections, minor decoy operations, & decoy training.

Training will discuss de-escalation techniques & drafting clear & concise reports to withstand legal scrutiny. Trained officers will train fellow officers, institutionalizing practice in required annual officer training.

Prosecution
N/A
Task Force
N/A
Other Activities
N/A

PARTNERING AGENCIES
Based upon the proposal submitted and any subsequent modifications approved by DOJ, the following agencies are expected to partner with and support the activities and fulfillment of goals referenced above:
10/16/2024 Page 3 of 4
ITEM 7

ATTACHMENT E
N/A
Please notify your Grant Program Officer of any proposed changes to partnering agencies, particularly if they are included within your budget.
10/16/2024 Page 4 of 4
ITEM 7

TOBACCO GRANT BUDGET DETAIL
Ceres Police Department
24/25 AWARD BUDGET
DOJ-PROP56-2024-25-1-012
A. Personal Services
Salaries
Classification/Positions Computation FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 TOTALS -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL -$ -$ -$ -$ -$
Overtime
Classification/Positions Computation FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 TOTALS 20,103$ 20,103$ 20,103$ -$ 60,309$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 20,103$ 20,103$ 20,103$ -$ 60,309$ Benefits
Classification/Positions Computation FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 TOTALS -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL -$ -$ -$ -$ -$
TOTAL PERSONAL SERVICES 20,103$ 20,103$ 20,103$ -$ 60,309$ Sworn Personnel
Costs Per Fiscal Year (July 1 - June 30)

Page 1 of 3 ends

ATTACHMENT F
ITEM 7

TOBACCO GRANT BUDGET DETAIL
Ceres Police Department
24/25 AWARD BUDGET
DOJ-PROP56-2024-25-1-012
B. Operating Expenses and Equipment
Description Computation FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 TOTALS -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL -$ -$ -$ -$ -$
Other Expenses
Description Computation FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 TOTALS 16,000$ -$ -$ -$ 16,000$ 3,000$ 3,000$ 3,000$ -$ 9,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 19,000$ 3,000$ 3,000$ -$ 25,000$ Description and Destination Computation FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 TOTALS -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL -$ -$ -$ -$ -$
TOTAL OPERATING EXPENSES AND EQUIPMENT 19,000$ 3,000$ 3,000$ -$ 25,000$ C. Administrative Costs*
Description Computation FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 TOTAL 1,955$ 1,155$ 1,155$ -$ 4,265$ *Administrative costs must not exceed 5% of the total budget. TOTAL 1,955$ 1,155$ 1,155$ -$ 4,265$ *For approved tobacco related training and travel only. Travel cannot exceed current state rates.

Admin 5%
Travel Expenses/Registration Fees*
Small surveillance equipment that may include: pocket
cameras, laptop to monitor surveillance audio/video,
optical lens camera, wearable camera, ball cap DVR,
micro-button DVR
May not include roof-mounted cameras, vehicle
headrest cameras, street light cameras, or live link
channel camera kit. Each individual item must be less
than $5,000.

Retailer Educational Materials May require pre-approval Equipment (Tangible items with a PER-UNIT cost of $5,000 or more)

Page 2 of 3 ends

ATTACHMENT F
ITEM 7

TOBACCO GRANT BUDGET DETAIL
Ceres Police Department
24/25 AWARD BUDGET
DOJ-PROP56-2024-25-1-012

SUMMARY
Budget Category FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Request 20,103$ 20,103$ 20,103$ -$ 60,309$
19,000$ 3,000$ 3,000$ -$ 25,000$
1,955$ 1,155$ 1,155$ -$ 4,265$
41,058$ 24,258$ 24,258$ -$ 89,574$
A. Personal Services
B. Operating Expenses and Equipment
C. Administrative Costs

TOTAL PROJECT COSTS

Page 3 of 3 ends

ATTACHMENT F
ITEM 7
ITEM 7
Keith Griebel
Police Lieutenant
Department of Justice
Division of Operations
Tobacco Grant Program
P.O. Box 160187
Sacramento, CA 95816-01 87
Re: Letter of lntent to Accept Tobacco Grant Program Award (Fiscal Year 2024-25\ Dear Tobacco Grant Program Specialist:

Please accept this Letter of lntent as our agency's acceptance of the Tobacco Grant Program award for the 2024-25 grant cycle. The agency has agreed to accept the grant amount of $89,574.00 and any conditions specified in the Summary of Award and Budget Detail documents sent with the award letter.
ln addition, on behalf of the agency, I affirm the following (p/ease check one):

I x ] The agency will seek a resolution from its governing body to accept the award, or [ ] The agency does not have a governing body and does not require a resolution to accept the award.

Sincerely,
/,2
Keith Griebel
Lieutenant- Ceres Police Department
(209) 538-5723
Email- [email protected]
Ceres Police Department
2727 Thfud Street. Ceres, CA. 95307

ATTACHMENT G
ITEM 7
ITEM 7

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: November 25, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford City Manager
CONTACT: Michael R. Beltran II, P.E., Director of Engineering [email protected], (209) 538-5623
SUBJECT:

Resolution No. 2024-XXX, Approving an Agreement with Precision Concrete Cutting, Inc. for Concrete Cutting Services in the Eastgate Area and Additional Evaluations of Approximately 30 Miles of Sidewalk in the Westpointe 4, Olive Grove 1 and 2, Highlands 1 and 2, Kingston Estates, Highlands Park, California Voyage 1 and 2, Maxim Estates, Spring Meadows, Vintage Estates, Rainbow Village, Highland South 1 and 2, Brown Estates 2, 3, 4, and 5, Changason Estates, San Pedro Colony, San Pedro North 1 and 2, Morgan Manor, Stonum, and Sweetwater Glen Subdivisions (New Project String) in an Amount Not-to-Exceed $246,000 and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Counci l to adopt a resolution to approving an agreement with Precision Concrete Cutting, Inc., for Concrete Cutting Services in the Eastgate area and additional evaluations of approximately 30 Miles of sidewalk in the Westpointe 4, Olive Grove 1 and 2, Highlands 1 and 2, Kingston Estates, Highlands Park, California Voyage 1 and 2, Maxim Estates, Spring Meadows, Vintage Estates, Rainbow Village, Highland South 1 and 2, Brown Estates 2, 3, 4, and 5, Changason Estates, San Pedro Colony, San Pedro North 1 and 2, Morgan Manor, Stonum, and Sweetwater Glen Subdivisions (New Project String) in an amount not -to- exceed $246,000 and authorizing the City Manager to Execute the Agreement.

I. BACKGROUND:

The City of Ceres needs concrete cutting services to remove tripping hazards from City sidewalks. Staff evaluated various options to repair noncompliant locations and have identified concrete cutting or slicing as a cost-effective solution that can be performed at locations with an elevation difference of up to two inches.

ITEM 8
On August 20, 2024, the City authorized an evaluation of the Eastgate area with Precision Concrete Cutting. A summary of the evaluation is attached as Attachment E. In summary, the evaluation found that 1,871 sidewalk panels that could be repaired by cutting, 379 locations of sidewalk removal and replacement (36,128 square feet) and 1,121 lineal feet of curb and gutter.

Precision Concrete Cutting, submitted a proposal to the city according to pricing in The Interlocal Purchasing System (TIPS) vendor agreement, TIPS RCSP 230602, that was executed on August 17, 2023. TIPS is a government purchasing cooperative that reduces the cost of procurement for educational and local government agencies. The City of Ceres is a member of TIPS and TIPS members may utilize the TIPS procurement solicitation documents as their own solicitation for legal procurement.

A budget of $246,000 will allow the city to address current sidewalk lifts at approximately 1,800 locations in the Eastgate area and remove tripping hazards as needed at other critical locations. In addition to concrete cutting services, this will allow f or an additional evaluation of approximately 30 miles of sidewalk in the neighborhood bound by Whitmore Avenue to the North, Morgan Road to the East, Hackett Road to the South and the Union Pacific Railroad to the west.

Sidewalks are an important component of the public transportation network. Since 1941, the California Streets and Highways Code has placed the responsibility to maintain public sidewalks on the adjacent property owners. This responsibility applies to all sidewalks adjacent to the property, including along the frontage, side of the property, and even behind the property in areas with backing -lot s idewalks along arterial or collector roadways. Even with the California Streets and Highways Code in place, residents do not generally complete upkeep on sidewalks due to them being within the public right of way.

II. REASONS FOR RECOMMENDATION:

To address repairs of noncompliant locations, staff recommends obtaining concrete cutting services through a cooperative purchasing agreement. Precision Concrete Cutting submitted a proposal to the city according to the pricing in The Interlocal Purchasing System (TIPS) vendor agreement, TIPS RCSP 203602, that was executed on August 17, 2023. TIPS is a government purchasing cooperative that reduces the cost of procurement for educational and local government agencies. The City of Ceres is a member of TIPS and TIPS members may utilize the TIPS procurement solicitation document as their own solicitation for legal procurement.

III. FISCAL IMPACTS:

The project was included in the Capital Improvement Project List and allocated funds are available in account 27195.800500 (2416), in the amount of $700,000, to include sufficient funding for the concrete cutting services and additional evaluation. The additional evaluation in the Westpointe 4, Olive Grove 1 and 2, Highlands 1 and 2, ITEM 8
Kingston Estates, Highlands Park, California Voyage 1 and 2, and Maxim Estates Subdivisions will need a new project string.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first goal of the Strategic Plan:

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 eliminate the project.

VI. INTERDEPARTMENTAL COORDINATION:

The Engineering Department has coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Following approval of this item, the Five -Year CIP, will be integrated into the budget document. The Finance Director will make the appropriate accounting entries.

Approved by: ___________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – General Services Agreement

3. Attachment C – Precision Concrete Cutting Proposal

4. Attachment D – The Interlocal Purchasing System (TIPS) Vendor Agreement

5. Attachment E – Condition Assessment Summary of Eastgate Area

ITEM 8
ITEM 8

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING AN AGREEMENT WITH PRECISION CONCRETE CUTTING, INC. FOR CONCRETE CUTTING SERVICES IN THE EASTGATE AREA AND ADDITIONAL EVALUATIONS OF APPROXIMATELY 30 MILES OF
SIDEWALK IN THE WESTPOINTE 4, OLIVE GROVE 1 AND 2, HIGHLANDS 1 AND 2, KINGSTON ESTATES, HIGHLANDS PARK, CALIFORNIA VOYAGE 1 AND 2, MAXIM ESTATES, SPRING MEADOWS, VINTAGE ESTATES,
RAINBOW VILLAGE, HIGHLAND SOUTH 1 AND 2, BROWN ESTATES 2, 3, 4, AND 5, CHANGASON ESTATES, SAN PEDRO COLONY, SAN PEDRO
NORTH 1 AND 2, MORGAN MANOR, STONUM, AND SWEETWATER GLEN

SUBDIVISIONS (NEW PROJECT STRING) IN AN AMOUNT NOT-TO-EXCEED $246,000 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Engineering Department authorized Precision Concrete Cutting to perform an evaluation of the sidewalk in the Eastgate area; and

WHEREAS, the City of Cere has many areas throughout the City that has uplifted sidewalk causing tripping hazards; and

WHEREAS, the California Streets and Highways Code has placed the responsibility to maintain public sidewalks on the adjacent property owners.; and

WHEREAS, residents do not generally complete upkeep on sidewalks due to them being within the public right of way; and

WHEREAS, funds are allocated and available in account 271 95.800500, in the amount of $677,700, covering the saw cutting of 1,871 locations in the Eastgate area and the additional evaluation of approximately 30 miles of sidewalk; and

WHEREAS, a new project string should be opened for the new evaluation of the Westpointe 4, Olive Grove 1 and 2, Highlands 1 and 2, Kingston Estates, Highlands Park, California Voyage 1 and 2, Maxim Estates, Spring Meadows, Vintage Estates, Rainbow Village, Highland South 1 and 2, Brown Estates 2, 3, 4, and 5, Changason Estates, San Pedro Colony, San Pedro North 1 and 2, Morgan Manor, Stonum, and Sweetwater Glen Subdivisions.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an agreement with Precision Concrete Cutting, Inc. for concrete cutting services in the Eastgate Area and additional evaluations of approximately 30 miles of sidewalk in the Westpointe 4, Olive Grove 1 and 2, Highlands 1 and 2, Kingston Estates, Highlands Park, California Voyage 1 and 2, Maxim Estates, Spring Meadows, Vintage Estates, Rainbow Village, Highland South 1 and 2, Brown Estates 2, 3, 4, and 5, Changason Estates, San Pedro Colony, San Pedro North 1 and 2, Morgan Manor, ITEM 8

ATTACHMENT A
Stonum, and Sweetwater Glen Subdivisions (New Project String) in an amount not -to- exceed $246,000 and authorizing the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a special meeting thereof held on the 25th day of November 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor

ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 8

GENERAL SER

VICES AGREEMENT BETWEEN
THE CITY OF CERES AND PRECISION EMPRISE LLC, ADA PRECISION CONCRETE CUTTING, INC. (Contractor)
This agr
eement for general services (“Agreement”) is entered into on November 25, 2024 (the “Effective Date”) between the City of Ceres (“City”) and Precision Emprise LLC, dba Precision Concrete Cutting, Inc., (“Contractor”) (together sometimes referred to as the “Parties”).

Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Contractor agrees to perform all services described in the proposal dated November 4, 2024, Scope of Work shall include concrete cutting of 1,871 locations in the Eastgate are and an additional Evaluation of the Westpointe 4, Olive Grove 1 and 2, Highlands 1 and 2, Kingston Estates, Highlands Park, California Voyage 1 and 2, Maxim Estates, Spring Meadows, Vintage Estates, Rainbow Village, Highland South 1 and 2, Brown Estates 2, 3, 4, and 5, Changason Estates, San Pedro Colony, San Pedro North 1 and 2, Morgan Manor, Stonum, and Sweetwater Glen Subdivisions. See attached as Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, 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 Standard of Performance. Contr actor 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.

1.3 Assignment of Personnel. Contr actor 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. COMPENS
ATION. City hereby agrees to pay Contractor an amount NOT TO EXCEED two hundred forty-six thousand dollars ($246,000.00) for all work set forth in Exhibit A, and made a part of this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal regarding the amount of compensation, this Agreement shall prevail.

2.1 Invoices. Contr actor 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 s
hall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred.

ATTACHMENT B
ITEM 8
General Services Agreement between
CITY OF CERES and _________________. Page 2 of 7

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 RE QUIREMENTS. 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 Contr actor 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. Contr actor 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 c ertified endorsement
must be attached to all insurance obtained in accordance with this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

Section 4. INDEMNI
FICATION 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

ATTACHMENT B
ITEM 8

General Services Agreement between
CITY OF CERES and _________________. Page 3 of 7

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. S TATUS 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. LEG AL 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. C ontractor 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. I n 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. I
n accordance with California Labor
Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which these services are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the services under this Agreement.

Section 7. M
ODIFICATION.

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

ATTACHMENT B
ITEM 8

General Services Agreement between
CITY OF CERES and _________________. Page 4 of 7

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. Al l 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 Cont ractor. 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 C
ontractor to complete the work described in Exhibit A not finished by Contractor; or

7.4.4 Charge Contractor th e 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. KEEP ING 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 B ooks and Records. Contractor shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.

8.3 Confidential Information and Disclosure. D
uring 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.

ATTACHMENT B
ITEM 8

General Services Agreement between
CITY OF CERES and _________________. Page 5 of 7

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 t
he 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 Merced or in the United States District Court for the Eastern District of California.

9.3 Severability. I f 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. T
he 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. Thi
s Agreement shall be administered by Sam Royal, who
shall act as the City’s representative. All correspondence shall be directed to or through the representative.

9.6 Notices. An y written notice to Contractor shall be sent to:

Contractor Address:

Any written notice to the City shall be sent to:

Michael R. Beltran II, PE
Director of 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. T
his 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.

ATTACHMENT B
ITEM 8

General Services Agreement between
CITY OF CERES and _________________. Page 6 of 7

9.9 Alternative Dispute Resolution. If any dispute arises between the P arties 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 desi gnate 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 C
ounterparts . This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

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

CITY OF CERES CONTRACTOR

____________________________ ______________________________ Douglas D. Dunford, City Manager Name, Title

Approved as to Form:

____________________________
Nubia Goldstein, City Attorney

ATTEST:

_____________________________________
Fallon Martin, City Clerk

ATTACHMENT B
ITEM 8
General Services Agreement between
CITY OF CERES and _________________. Page 7 of 7

EXHIBIT A
SC

OPE OF SERVICES
[
ATTACH SCOPE OF SERVICES]

ATTACHMENT B
ITEM 8
ITEM 8
417 Harrison St, Oakland, CA 94607 / Phone: (650) 867 -8657 / Fax (650) 240-3866 / CL# 103474 11/4/24
PROPOSAL FOR “NOT TO EXCEED” AGREEMENT BETWEEN:

THE City of Ceres AND PRECISION CONCRETE CUTTING (PCC)
Overview
Uneven sidewalks caused by ground settling and tree roots cause a potential hazard to pedestrians. Displaced sidewalks cause problems for both public and private entities in the form of trip and fall liability exposure.

It is proposed that the City of Ceres and PCC enter into an agreement whereby PCC will perform a sidewalk assessment as identified by County staff. The price for these services shall not exceed the proposed dollar amount and quantity defined in the “Proposal Detail” section below.

Background Information on Precision Concrete Cutting
PCC has been repairing and inspecting sidewalks since 1990. The company does work throughout the United States and with dozens of cities in California.

Precision Concrete Cutting is the leader in sidewalk asset management. We specialize in surveying sidewalk infrastructure and repairing uneven sidewalks. Our unique saw-cutting method for correcting off-set sidewalk panels leaves behind ADA compliant results for a fraction of the cost of new con crete. Our clients benefit from detailed GIS maps that allow them to create a GIS database to cost effectively manage their sidewalk infrastructure.

ASSESSMENT SERVICES
Precision Concrete Cutting technicians will walk every sidewalk in the project area and visually inspect for potential tripping hazards and damage concrete. PCC will provide a GIS compatible report that lists each location identified including a photo, exact location, off-set height and square foot amount for replacement locations.

PROPRIETARY AND PATENTED SIDEWALK REPAIR METHOD
To Date, PCC has been awarded 8 patents by the US Patent and Trademark Office on our trip hazard removal equipment and process. The following is each patent description and number where they can be reviewed on the US Patent office web site – www.uspto.gov
6,827,074 - Hub and blade combination patent
6,896,604 - Dust hood patent
7,000,606 - Cutting apparatus and broadening patent
7,143,760 - Method patent
7,201,644 - Variations and broadening patent
7,402,095 - Extended methods patent
9,759,559 - Stand up measuring gauge digitized readout
9,494,407 - Stand up measuring gauge

PROPRIETARY SOFTWARE SUITE
DataWorks has developed proprietary desktop and mobile applications that can be used across multiple platforms. They are developed based on state-of-the-art technology and provide reliable, easy-to-use, yet powerful tools to manage right-of-way assets. Together, they enable enhanced data collection, data analytics, workflow management and record keeping.

DataWorks Mobile:
• GIS data - collects accurate GPS coordinates, thanks to GPS antennas and Google Satellite fine tuning.

ATTACHMENT C
ITEM 8
• Actionable data - allows collection of structured and categorizable data, both quantitative and qualitative. • Works everywhere - works with or without cellular service, either online or offline. • Accurate data - increases accuracy and efficiency thanks to data collection software assistance. • Multiple activity types - supports multiple modes, e.g., assessment, repair, inspection, client QC. • Multiple asset types - allows to work and/or focus on different asset types with powerful filtering.

Proposal Detail

Contract amount: total charge for services rendered shall not exceed $246,000

Sidewalk Assessment billing unit: most of our services are invoiced per Sidewalk mile (“SW-Mile”). SW-Miles are calculated as twice the total mileage of each street or road to be assessed in the project area. At the beginning of the project, we will map all streets and roads as per your specifications and we will confirm the total SW-Mileage with all parties involved.

Cost Breakdown:
• Sidewalk Assessment: $300/SW-Mile
• Curb & Gutter: $200/SW
• Pedestrian Access Ramps - $200/SW-
Mile, cost of $19,000

Number of Sidewalk Miles for assessment: 30

Data to be collected:

Street address latitude/longitude, date/time,
identification of all vertical and horizontal
displacements ½ inches and greater (path of
travel only), max height of off-set, identification
of all locations that require removal and
replacement including SQFT. All data will be
provided in a GIS compatible format including
excel, KML and/or shape file.

Pedestrian Access Ramps: Inventory of
locations requiring a crosswalk pedestrian ramp
and recording of their conditions (ramp, no ramp
and/or truncated domes), addresses, GPS
coordinates and site photograph.

Sidewalk Repair Billing Units: Services are
billed in “Inch Feet”. An inch foot is calculated by
measuring the average height of the sidewalk
off-set and multiplying this average by the length
of the cut. Example: A sidewalk off-set on a 4-
foot-wide sidewalk that consists of a 0.5” rise on
one side, and tapers down to a zero rise on the
other is calculated as follows:

0.5” +0” x 4ft = 1 inch-foot
2 Sidewalk Repair Unit Price for sidewalk
shaving: $52 per inch foot

Locations of Slicing Sidewalk Repairs: 1,871 locations
identified in map below

ATTACHMENT C
ITEM 8

LIMITATIONS
PCC removes only those trip hazards specifically requested or approved by customers, and therefore makes no guarantee or representation that areas are free of trip hazards after the work is completed. In addition, PCC only performs certain trip hazard repairs. Among other things, PCC does not remove and replace sidewalk slabs (R&Rs) and does not repair certain ATTNs (e.g. utility boxes). Furthermore, to preserve clients’ budget, PCC typically does not perform any repair at and around any sidewalk slabs that require to be replaced. It is our customers’ responsibility to provide proper access, and PCC assumes no liability for trip hazards that cannot be repaired due to parked vehicles or other obstacles preventing safe and practical access. In such cases, PCC returns once to attempt completion of repairs that could not be completed the first time. Additionally, it is recognized that after completion of the work, the concrete trip hazards may and frequently do continue to move naturally over time due to roots, water, freezing, pipes, and other natural or man-made causes. PCC is not responsible for movement or changes in the sidewalk and is not liable for any related claims, losses, damages or liabilities thereto pertaining to it.

Precision Concrete Cutting is committed to providing the highest quality service to our clients. Should you have any questions of comments, please do not hesitate to contact us.

PCC Representative: YOUR HERE REPRESENTATIVE:

X_________________________ Title

ATTACHMENT C
ITEM 8
ITEM 8

TIPS Vendor Agreement (Part 1) Page 1

TIPS VENDOR AGREEMENT (Part 1)
TIPS RFP 230602 Pavement and Other Related Services (PART 1) The following Vendor Agreement (“Agreement”) creates a legal agre ement between The Interlocal Purchasing System (“TIPS”), a government purchasing cooperative and Department of Texas Region 8 Education Service Center and (INSERT ENTITY NAME):

__________________________________________________________________________________________________ (ENTER ENTITY NAME]
its owners, agents, subsidiaries, and affiliates (together, “Vendo r”) (individually, “Party”, and collectively the “Parties”) a nd this agreement shall exclusively govern the contractual relationship (“Agreement”) between the Parties for Part 1 of the related solicitation opportunity. If Vendor proposes and is awarded on Part 2, a separate Part 2 Vendor Agreement shall control Part 2 terms.

TIPS, a governmental entity and a national purchasing cooperative seeks to provide a valuable and necessary solution to public entities and qualifying non-profits by performing the public procurement solicitation process and awarding compliant contracts to qualif ied vendors. Then, where the law of a customer’s jurisdiction allows, instead of public entities and qualifying non-profits expending time, money, and resources on the extensive public procurement process, the use of TIPS allows public entities to quickly select and purchase their preferred products or services from qualified, competitively evaluated vendors through cooperative purchasing.

1. Purpose. The purpose of this Agreement is to identify the terms and conditions of the relationship between TIPS and Vendor. Public entities and qualifying non-profits that properly join or utilize TIPS (“TIPS Members”) may elect to “piggyback” off of TIPS’ procurements and agreements where the laws of their jurisdiction allow. TIPS Members are not contractual parties to this Agreement although terms and conditions of this Agreement may ensure benefits to TIPS Members.

2. Authority. The Parties agree that the signatories below are individual authorized to enter into this Agreement on behalf of their entity and that they are acting under due and proper authority under applicable law.

3. Definitions.

a. TIPS Pricing: The specific pricing, discounts, and other pricin g terms and incentives which Vendor submitted and TIPS approved for each respective TIPS Contract awarded to Vendor and all permissible, subsequent pricing updates submitted by Vendor and accepted by TIPS, if any.

b. Authorized Reseller: A reseller or dealer authorized and added by a Vendor through their online TIPS Vendor Portal to make TIPS sales according to the terms and conditions herein.

4. Entire Agreement. This Agreement resulted from TIPS posting a Part 1 “TIPS Solicitation” (RFP, RCSP, RFQ, or other) and Vendor submitting a proposal in response to that posted TIPS Solicitation for evaluation and award. The Parties agree that this Agree ment consists of the provisions set forth herein and: (1) The Part 1 TIPS solicitation document resulting in this Agreement; (2) Any Part 1 addenda or clarifications issued in relation to the TIPS solicitation; (3) All Part 1 solicitation information provided to Vendor by TIPS through the TIPS eBid System; (3) Vendor’s entire Part 1 propo sal response to the TIPS solicitation including all accepted requ ired attachments, acknowledged notices and certifications, accepted negotiated terms, pricing, accepted responses to questions, and accepted written clarifications of Vendor’s proposal, and; any properly included attachments to this Agreement. All documentation and information listed is hereby incorporated by reference as if set forth herein verbatim. In the event of conflict between the terms herein and one of the incorporated documents the terms and conditions herein shall control.

5. Vendor’s Specific Warranties, Terms, and License Agreements. Because TIPS serves public entities and non-profits throughout the nation all of which are subject to specific laws and policies of their jurisdiction, as a matter of standard practice, TIPS does not typically accept a Vendor’s specific “Sale Terms” (warranties, license agreements, master agreements, terms and conditions, etc.) on behalf of all TIPS Members. TIPS may permit Vendor to attach those to this Agreement to display to interested customers what terms may apply to their Supplemental Agreement with Vendor (if submitted by Vendor for that purpose). However, unless this term of the Ag
reement is negotiated and modified to state otherwise, those specific Sale Terms are not accepted by TIPS on behalf of all TI PS Members and each Member may choose whether to accept, negotiate, or reject those specific Sale Terms, which must be reflected in a separate agreement between Vendor and the Member in order to be effective.

Precision Concrete Cutting, Inc.

ATTACHMENT D
ITEM 8

TIPS Vendor Agreement (Part 1) Page 2

6. Vendor Identity and Contact Information. It is Vendor’s sole responsibility to ensure that all identifying vendor information (name, EIN, d/b/a’s, etc.) and contact information is updated and current at all times within the TIPS eBid System and the TIPS Vendor Portal.

It is Vendor’s sole responsibility to confirm that all e-correspondence issued from tips-usa.com, ionwave.net, and tipsconstruction.com to Vendor’s contacts are received and are not blocked by firewall or other technology security. Failure to permit receipt of correspondence from these domains and failure to keep vendor identity and contact information current at all times during the l ife of the contract may cause loss of TIPS Sales, accumulating TIPS fees, missed rebid opportunities, lapse of TIPS Contract(s), and unnecessary collection or legal actions against Vendor. It is no defense to any of the foregoing or any breach of this Agreeme nt that Vendor was not receiving TIPS’ electronic communications issued by TIPS to Vendor’s listed contacts.

7. Initiation of TIPS Sales. When a public entity initiates a purchase with Vendor, if the Member inquires verbally or in writing whether Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether the Member is seeking a TIPS purchase. Once verif ied, Vendor must include the TIPS Contract Numb er on all purchase communications and sa les documents exchanged with the TIPS Member.

8. TIPS Sales and Supplemental Agreements. The terms of the specific TIPS order, incl uding but not limited to: shipping, freight, insurance, delivery, fees, bonding, cost, delivery expectations and location, returns, refunds, terms, conditions, cancellation s, order assistance, etc., shall be controlled by the purchase agreement (Purchase Order, Contract, Invoic e, etc.) (hereinafter “Supplem ental Agreement”) entered into between the TIPS Member Customer and Vendor only. TIPS is not a party to any Supplemental Agreement.

All Supplemental Agreements shall include Vendor’s Name, as known to TIPS, and TIPS Contract Name and Number. Vendor accepts and understands that TIPS is not a legal party to TIPS Sales and Vendor is solely responsible for identifying fraud, mistakes, unacceptable terms, or misrepresentations for the specific order prior to accepting. Vendor agrees that any order issued from a customer to Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. When Vendor accepts or fulfills an order, ev en when processed through TIPS, Vendor is repres enting that Vendor has carefully reviewed the o rder for legality, authenticity, and accuracy and TIPS shall not be liable or responsible for the same. In the event of a conflict between the terms of this TIPS Vendor Agreement and those contained in any Supplemental Agreement, the provisions set forth herein shall control unless otherwise agreed to and authorized by the Parties in writing within the Supplemental Agreement.

9. Right of Refusal. Vendor has the right not to sell to a TIPS Member u nder the awarded agreement at Vendor’s discretion unless otherwise required by law.

10. Reporting TIPS Sales. Vendor must report all TIPS Sales to TIPS. If a TIPS sale is initiated by Vendor receiving a TIPS Member’s purchase order from TIPS directly, Vendor may consider that specific TIPS Sale reported. Otherwise, with the exception of TIPS Automated Vendors, who have signed an exclusive agreement with TIPS regarding reporting, all TIPS Sales must be reported to TIPS by either: (1) Emailing the purchase order or similar purchase document (with Vendor’s Name, as known to TIPS, and the TIPS Contract Name and Number included) to TIPS at [email protected] with “Confirmation Only” in the subject line of the email within three business days of Vendor’s acceptance of the order, or; (2) Within 3 business days of the order being accepted by Vendor, Vendor must login to the TIPS Vendor Portal and successfully self-report all necessary sale information within the Vendor Portal and confirm that it shows up accurately on your curre nt Vendor Portal statement. No other method of reporting is acceptable unless agreed to by the Parties in writing. Failure to report all sales pursuant to this provision may result in immediate cancellation of Vendor’ s TIPS Contract(s) for cause at TIPS’ sole discretion. Please refer to the TIPS Accounting FAQ’s for more information about reporting sales and if you have further questions, contact the Accounting Team at [email protected].

11. TIPS Administration Fees. The collection of administrative fees by TIPS, a government entity, for performance of these procurement services is required pursuant to Texas Government Code Section 791.011 et. seq. The administration fee (“TIPS Administration Fee”) is the amount legally owed by Vendor to TIPS for TIPS Sales made by Vendor. The TIPS Administration Fee amount is typically a set percentage of the amount paid by the TIPS Member for each TIPS Sale, less shippi ng cost, bond cost, and taxes if applicable and identifiable, which is legally due to TIPS , but the exact TIPS Administration Fee for this Contract is published in the corresp onding solicitation and is incorporated herein by reference. TIPS Administration Fees are due to TIPS immediately upon Vendor’s receipt of payment, including partial payment, for a TIPS Sale. The TIPS Administration Fee is assessed on the amount paid by the TIPS Member, not on the Vendor’s cost or on the amount for which the Vendor sold the item to a dealer or Authorized Reseller. Upon receipt of payment for a TIPS Sale, including partial payment (which renders TIPS Administration Fees immediately due), Vendor shall issue to TIPS the corresponding TIPS Administration Fee payment as soon as possible but not later than thirty-one calendar days followin g Vendor’s receipt of payment. Vendor shall pay TIPS via check unless otherwise agreed to by the Parties in wr iting. Vendor sha ll include clear documentation with the issued payment dictating to which sale(s) the amount should be applied. Vendor may create a payment report within their TIPS Vendor Portal which is the pref erred documentation dictating to which TIPS Sale(s) the amount should be applied. Failure to pay all TIPS Administration Fees pursuant to this provision may result in immediate cancellation of Vendor’s TIPS Contract(s) for cause at TIPS’ sole discretion as well as the initiation of collection and legal actions by TIPS against Vendor to the extent permitted by law. Any overpayment of participation fees to TIPS by Vendor will be refunded to the Vendor within ninety (90) days of receipt of notification if TIPS receives written notification of the overpayment not later than the expiration

ATTACHMENT D
ITEM 8

TIPS Vendor Agreement (Part 1) Page 3

of six (6) months from the date of overpayment and TIPS determines that the amount was not legally due to TIPS pursuant to this agreement and applicable law. Any notification of overpayment received by TIPS after the expiration of six (6) months from the date that TIPS received the payment will render the overpayment non- refundable. Region 8 ESC and TIPS reserve the right to extend t he six (6) month deadline if approved by the Region 8 ESC Board of Directors. TIPS reserves all rights under the law to collect T IPS Administration Fees due to TIPS pursuant to this Agreement.

12. Term of the Agreement. This Agreement with TIPS is for approximately three years with a one-year, consecutive option for renewal as described herein. Renewal options are not automatic and shall only be effective if offered by TIPS at its sole discretion. If TIPS offers a renewal option, the Vendor will be notified via email issued to Vendor’s then-listed Primary Contact. The renewal option shall be deemed accepted by Vendor unless Vendor notifies TIPS of its objection to the renewal option in writing and confirms receipt by TIPS.

Actual Effective Date: Agreement is effective upon signature by authorized representatives of both Parties. The Effective Date does not affect the “Term Calculation Start Date.”
Term Calculation Start Date: To keep the contract term consistent for all vendors awarded under a single TIPS contract, Vendor shall calculate the foregoing term as starting on the last day of the month that “Award Notifications” are anticipated as published in the Solicitation, regardless of the actual Effective Date.

Example of Term Calculation Start Date: If the anticipated “Award Date” published in the Solicitation is May 22, 2023, but extended negotiations delay award until June 27, 2023 (Actual Effective Date), the Term Calculation Start Date shall be May 31, 2023 in this example.

Contract Expiration Date: To keep the contract term consistent for all vendors awarded under a single TIPS contract, the term expiration date shall be three-years from the Term Calculation Start Date.

Example of Contract Expiration Date: If the anticipated “Award Date” published in the Solicitation is May 22, 2023, but extended negotiations delay award until June 27, 2023 (Actual Effective Date), the Term Calculation Start Date shall be May 31, 2023 and the Contract Expiration Date of the resulting initial “three-year” term, (which is subject to an extension(s)) will be May 31, 2026 in this example.

Option(s) for Renewal: Any option(s) for renewal shall begin on the Contract Expiration Date, or the date of the expiration of the prior renewal term where applicable, and continue for the duration specified for the renewal option herein.

Example of Option(s) for Renewal: In this example, if TIPS offers a one-year renewal and the Contract Expiration Date is May 31, 2026, then the one-year renewal is effective from May 31, 2026 to May 31, 2027.

TIPS may offer to extend Vendor Agreements to the fullest extent the TIPS Solicitation resulting in this Agreement permits.

13. TIPS Pricing. Vendor agrees and understands that for each TIPS Contract that it holds, Vendor submitted, agreed to, and received TIPS’ approval for specific pricing, discounts, and other pricing terms and incentives which make up Vendor’s TIPS Pricing for that TIPS Contract (“TIPS Pricing”). Vendor confirms that Vendor will not add the TIPS Administration Fee as a charge or line-item in a TIPS Sale. Vendor hereby certifies that Vendor shall only offer goods and services through this TIPS Contract if those goods a nd services are included in or added to Vendor’s TIPS Pricing and approved by TIPS. TIPS reserves the right to review Vendor’s pricing update requests as specifically as line-item by line-item to determine compliance. However, Ven dor contractually agrees that a ll submitted pricing updates shall be within the original terms of the Vendor’s TIPS Pricing (scope, proposed discounts, price increase
limitations, and other pricing terms and incentives originally proposed by Vendor) such that TIPS may accept Vendors price increase requests as submitted without additional vetting at TIPS discretion. Any pricing quoted by Vendor to a TIPS Member or on a TIPS Quote shall never exceed Vendor’s TIPS Pricing for any good or service offered through TIPS. TIPS Pricing price increases and modifications, if permitted, will be hono red according to the terms of the solicitati on and Vendor’s proposal, incorporated herein by reference.

14. Indemnification of TIPS. VENDOR AGREES TO INDEMNIFY , HOLD HARMLESS , AND DEFEND TIPS, TIPS MEMBERS, TIPS OFFICERS, TIPS EMPLOYEES, TIPS DIRECTORS, AND TIPS TRUSTEES (THE “TIPS INDEMNITEES”) FROM AND AGAINST ALL

CLAIMS AND SUITS BY THIRD -PARTIES FOR DAMAGES , INJURIES TO PERSONS (INCLUDING DEATH), PROPERTY DAMAGES , LOSSES, EXPENSES, FEES, INCLUDING COURT COSTS , ATTORNEY’S FEES, AND EXPERT FEES , ARISING OUT OF OR RELATING TO VENDOR’S PERFORMANCE UNDER THIS AGREEMENT (INCLUDING THE PERFORMANCE OF VENDOR’S OFFICERS , EMPLOYEES , AGENTS ,

AUTHORIZED RESELLERS, SUBCONTRACTORS, LICENSEES, OR INVITEES), REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION,

INCLUDING WITHOUT LIMITATION CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL, OR STATUTORY LAW OR BASED IN

WHOLE OR IN PART UPON ALLEGATIO NS OF NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS ON THE PART OF VENDOR, ITS OFFICERS, EMPLOYEES, AGENTS, AUTHORIZED RESELLERS, SUBCONTRACTORS, LICENSEES, OR INVITEES. NO LIMITATION OF

LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED TO

ATTACHMENT D
ITEM 8

TIPS Vendor Agreement (Part 1) Page 4

BY TIPS. APART FROM THIS INDEMNIFICATION PROVIS ION REQUIRING INDEMNIFICATION OF THE TIPS INDEMNITEES’ ATTORNEY’S FEES AS SET FORTH ABOVE , RECOVERY OF ATTORNEYS ’ FEES BY THE PREVAILING PARTY IS AUTHORIZED ONLY IF AUTHORIZED BY TEX. EDUC. CODE § 44.032(F).

15. Indemnification and Assumption of Risk – Vendor Data. VENDOR AGREES THAT IT IS VOLUNTARILY PROVIDING DATA (INCLUDING BUT NOT LIMITED TO: VENDOR INFORMATION, VENDOR DOCUMENTATION, VENDOR’S PROPOSALS, VENDOR PRICING

SUBMITTED OR PROVIDED TO TIPS, TIPS CONTRACT DOCUMENTS , TIPS CORRESPONDENCE , VENDOR LOGOS AND IMAGES , VENDOR’S CONTACT INFORMATION , VENDOR’S BROCHURES AND COMMERCIAL INFORMATION , VENDOR’S FINANCIAL INFORMATION, VENDOR’S CERTIFICATIONS, AND ANY OTHER VENDOR INFORMATION OR DOCUMENTATION, INCLUDING WITHOUT LIMITATION SOFTWARE AND SOURCE CODE UTILIZED BY VENDOR, SUBMITTED TO TIPS BY VENDOR AND ITS AGENTS ) (“VENDOR DATA”) TO TIPS. FOR THE SAKE OF CLARITY , AND WITHOUT LIMITING THE BREADTH OF THE INDEMNITY OBLIGATIONS IN SECTION 14 ABOVE, VENDOR AGREES TO PROTECT, INDEMNIFY, AND HOLD THE TIPS INDEMNITEES HARMLESS FROM AND AGAINST

ANY AND ALL LOSSES, CLAIMS, ACTIONS, DEMANDS, ALLEGATIONS, SUITS, JUDGMENTS, COSTS, EXPENSES, FEES, INCLUDING COURT COSTS, ATTORNEY ’S FEES , AND EXPERT FEES AND ALL OTHER LIABILITY OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATING TO: (I) ANY UNAUTHORIZED, NEGLIGENT OR WRONGFUL USE OF , OR CYBER DATA BREACH INCIDENT AND VIRUSES OR OTHER CORRUPTING AGENTS INVOLVING, VENDOR’S DATA, PRICING, AND INFORMATION, COMPUTERS, OR OTHER HARDWARE OR SOFTWARE SYSTEMS, AND; (II) ALLEGATIONS OR CLAIMS THAT ANY VENDOR DATA INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD-PARTY OR VENDOR.

16. Procedures Related to Indemnification. In the event that an indemnity obligation arises, Vendor shall pay all amounts set forth in Section 14 and 15 above (including any settlements) and – if it has accepted its indemnity obligation without qualification – c ontrol the legal defense to such claim or cause of action, including without limitation attorney selection, strategy, discovery, trial, appeal, and settlement, and TIPS shall, at Vendor’s cost and expense (with respect to reasonable out of pocket costs and expenses incurred by TIPS which shall be reimbursed to TIPS by Vendo r), provide all commercially reasonable assistance requested by Vendor. In controlli ng any defense, Vendor shall ensure that all assertions of governmental immunity and all applicable pleas and defenses shall be promptly asserted.

17. Indemnity for Underlying Sales and Supplemental Agreements. Vendor shall be solely responsible for any customer claims or any disputes arising out of TIPS Sales or any Supplemental Agreement as if sold in the open-market. The Parties agree that TIPS shall not be liable for any claims arising out of Vendor’s TIPS Sales or Supplemental Agreements, including but not limited to: allegatio ns of product defect or insufficiency, allegations of service defect or insufficiency, allegations regarding delivery defect or insuf ficiency, allegations of fraud or misrepresentation, allegations regarding pricing or amounts owed for TIPS sales, and/or allegations reg arding payment, over-payment, under-payment, or non-payment for TIPS Sales. Payment/Drafting, overpayment/over-drafting, under- payment/under-drafting, or non-payment for TIPS Sales between cust omer and Vendor and inspections, rejections, or acceptance of such purchases shall be the exclusive respective obligations of Vendor/Customer, and disputes shall be handled in accordance with the terms of the underlying Supplemental Agreement(s) entered into between Vendor and Customer. Vendor acknowledges that TIPS is not a dealer, subcontractor, agent, or reseller of Vendor’s goods and services and shall not be responsible for any claims arising out of alleged insufficiencies or defects in Vendor’s goods and services, should any arise.

18. Confidentiality of Vendor Data. Vendor understands and agrees that by signing this Agreement, all Vendor Data is hereby released to TIPS, TIPS Members, and TIPS third-party administrators to effectuate Vendor’s TIPS Contract except as provided for herein. The Parties agree that Vendor Data is accessible by all TIPS Members as if submitted directly to that TIPS Member Customer for purchase consideration. If Vendor otherwise considers any portion of Vend or’s Data to be confidential and not subject to public disclos ure pursuant to Chapter 552 Texas Gov’t Code (the “Public Information Act”) or other law(s) and orders, Vendor must have identified the claimed confidential materials through proper execution of the Confidentiality Claim Form which is required to be submitted as part of Vendor’s proposal resulting in this Agreement and incorporated by reference. The Confidentiality Claim Form included in Vendor’s proposal and incorporated herein by reference is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a Public Information Request. If TIPS receives a request, any responsive documentation not deemed confidential by you in this manner will be automatical ly released. For Vendor Data deemed confiden tial by you in this manner, TIPS will foll ow procedures of controlling statute(s) regarding any claim of confidentiality and shall not be liable for any release of information required by law, including Attorn ey General determination and opinion. In the event that TIPS receives a written request for information pursuant to the Public Information Act that affects Vendor’s interest in any information or data furnished to TIPS by Vendor, and TIPS requests an opinion from the Attorney General, Vendor may, at its own option and expense, prepare comments and submit information directly to the Attorney General stating why the requested inform ation is exempt from disclosure pursuant to the requirements o f the Public Information Act. Vendor is solely responsible for submitting the memorandum brief and information to the Attorney Genera l within the time period prescribed by the Public Information Ac t. Notwithstanding any other information provided in this solicit ation or Vendor designation of certain Vendor Data as confidential or proprietary, Vendor’s acceptance of this TIPS Vendor Agreement constitutes Vendor’s consent to the disclosure of Vendor’s Data, including any information deemed confidential or proprietary, to TIPS Members or as ordered by a Court or government agency, including without limitation the Texas Attorney General. Vendor agrees

ATTACHMENT D
ITEM 8

TIPS Vendor Agreement (Part 1) Page 5

that TIPS shall not be responsible or liable for any use or distribution of information or documentation by TIPS Members or as required by law.

19. Vendor’s Authorized Resellers. TIPS recognizes that many vendors operate in the open market through the use of resellers or dealers.

For that reason, TIPS permits Vendor to authorize Authorized Re sellers within its Vendor Portal and make TIPS Sales through the Authorized Reseller(s). Once authorized by Vendor in the Vendor Portal, the Author ized Reseller(s) may make TIPS sales to TIPS Members. However, all purchase documents must include: (1) Authorized Reseller’s Name; (2) Vendor’s Name, as known to TIPS, and; (3) Vendor’s TIPS Contract Name and Number under which it is making the TIPS Sale. Either Vendor or Reseller may report the sale pursuant to the terms herein. However, Vendor agrees that it is legally responsible for all reporting and fee payment as described herein for TIPS Sales made by Authorized Resellers. The TIPS Administration Fee is assessed on the amount paid by the TIPS Member, not on the Vendor’s cost or on the amount for which the Vendor sold the item to a dealer or Authorized Reseller. The Parties intend that Vendor shall be responsible and liable for TIPS Sales made by Vendor’s Authorized Resellers. Vendor agrees that it is voluntarily authorizing this Authorized Reseller and in doing so, Vendor agrees that it is doing so at its own risk and agrees to protect, indemnify, and hold TIPS harmless in accordance with Sections 14-17 above related to Authorized Reseller TIPS Sales made pursuant to this Agreement or purporting to be made pursuant to this Agreement that may be asserted against Vendor whether rightfully brought or otherwise. The Parties further agree that it is no defense to Vendor’s breach of this Agreement that an Authorized Reseller caused Vendor of breach this Agreement.

20. Circumvention of TIPS Sales. When a public entity initiates a purchase with Vend or, if the Member inquires verbally or in writing whether Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether the Member is seeking a TIPS purchase. An y request for quote, customer communication, or customer purchase initiated through or referencing a TIPS Contract shall be completed through TIPS pursuant to this Agreement. Any encouragement or participation by Vendor in circumventing a TIPS sale being completed may result in immediate terminat ion of Vendor’s TIPS Contract(s) for cause as well as preclusion from future TIPS opportunities at TIPS sole discretion.

21. State of Texas Franchise Tax. By signature hereon, Vendor hereby certifies that Vendor is not currently delinquent in the payment of any franchise taxes owed to the State of Texas under Chapter 171 of the Texas Tax Code.

22. Termination.

A) Termination for Convenience. TIPS may, by written notice to Vendor, terminate this Agreement for convenience, in whole or in part, at any time by giving thirty (30) days’ written notice to Vendor of such termination, and specifying the effective date thereof.

B) Termination for Cause. If Vendor fails to materially perform pursuant to the terms of this Agreement, TIPS shall provide written notice to Vendor specifying the default. If Vendor does not cure such default within thirty (30) days, TIPS may terminate this Agreement, in whole or in part, for cause. If TIPS terminates this Agreement for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience.

C) Vendor’s Termination. If TIPS fails to materially perform pursuant to the terms of this Agreement, Vendor shall provide written notice to TIPS specifying the default (“Notice of Default”). If TIPS does not cure such default within thirty (30) days, Vendor may terminate this Agreement, in whole or in part, for cause. If Vendor terminates this Agreement for cause, and it is later dete rmined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience.

D) Upon termination, all TIPS Sale orders previously accept ed by Vendor shall be fulf illed and Vendor shall be paid for all TIPS Sales executed pursuant to the applicable terms. All TIPS Sale orders presented to Vendor but not fulfilled by Vendor, prior to the actual termination of this agreement shall be honored at the option of the TIPS Member. TIPS shall submit to Vendor an invoice for any outstanding TIPS Administration Fees and approved expenses and Vendor shall pay such fees and expenses within 30 calendar days of receipt of such valid TIPS invoice. Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS’ sole discretion and that any Vendor may be removed from the TIPS program at any time with or without cause. This termination clause does not affect TIPS Sales Supplemental Agreements pursuant to this term regarding termination and the Survival Clause term.

E) Vendor hereby waives any and all claims for damages, including, but not limited, to consequential damages or lost profits, that might arise from TIPS’ act of terminating this Agreement.

ATTACHMENT D
ITEM 8

TIPS Vendor Agreement (Part 1) Page 6

23. Survival Clause. It is the intent of the Parties that this Agreement and procurement method applies to any TIPS Sale made during the life of this Agreement even if made on or near the Contract Expiration Date as defined herein. Thus, all TIPS Sales, including but not limited to: leases, service agreements, license agreements, open purchase orders, warranties, and contracts, even if they extend months or years past the TIPS Contract Expiration Date, shall survive the expiration or termination of this Agreement subject to the terms and conditions of the Supplemental Agreement between Customer and Vendor or unless otherwise specified herein.

24. Audit Rights. Due to transparency statutes and public accountability requirements of TIPS and TIPS Members, Vendor shall at their sole expense, maintain documentation of all TIPS Sales for a period of three years from the time of the TIPS Sale. In order to ensure and confirm compliance with this agreement, TIPS shall have authority to conduct audits of Vendor’s TIPS Pricing or TIPS Sales with thirty-days’ notice unless the audit is ordered by a Court Order or by a Government Agency with authority to do so without said notice.

Notwithstanding the foregoing, in the event that TIPS is made aware of any pricing being offered to eligible entities that is materially inconsistent with Vendor’s TIPS Pricing, TIPS shall have the ability to conduct the audit internally or may HQJDJHDWKLUGဨSDUW\DXGLWLQJ ILUPWRLQYHVWLJDWHDQ\SRVVLEOHQRQဨFRPSOLDQWFRQGXFWRUPD\WHUPLQDWHWKH$JUHHPHQWDFFRUGLQJWRWKHWHUPVRIWKLV$JUHHPHQt. In the event of an audit, the requested materials shall be reasonably provided in the time, format, and at the location acceptable to TIPS.

TIPS agrees not to perform a random audit the TIPS transaction documentation more than once per calendar year, but reserves the right to audit for just cause or as required by any governmental agency or court with regulatory authority over TIPS or the TIPS Memb er.

These audit rights shall survive termination of this Agreement for a period of one (1) year from the effective date of termination.

25. Conflicts of Interest. The Parties confirm that they have not offered, given, or accepted, nor intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, service to the other in connection with this Agreement. Vendor affirms that, to the best of Vendor’s knowledge, this Agreement has been arrived at independently, and is awarded without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an u nfair advantage over other vendors in the award of this Agreement. Vendor agrees that it has disclosed any necessary affiliations wi th Region 8 Education Service Center and the TIPS Department, if any, through the Conflict of Interest attachment provided in the solicitation resulting in this Agreement.

26. Volume of TIPS Sales. Nothing in this Agreement or any TIPS communication may be construed as a guarantee that TIPS or TIPS Members will submit any TIPS orders to Vendor at any time.

27. Compliance with the Law. The Parties agree to comply fully wi th all applicable federal, state, a nd local statutes, ordinances, rules, and regulations applicable to their entity in connection with the programs contemplated under this Agreement.

28. Severability. If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such term (s) or provision(s) shall be deemed restated to reflect the origin al intention of the Parties as n early as possible in accordance with applicable law and the remainder of this Agreement, and the remainder of the provisions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated, unless such holding causes the obligations of the Parties hereto to be impossible to perform or shall render the terms of this Agreement to be inconsistent with the inten t of the Parties hereto.

29. Force Majeur e. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance o f the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Suppl emental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

30. Immunity. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement of, any privileges, rights, defe nses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel.

31. Insurance Requirements. Vendor agrees to maintain the following minimum insurance requirements for the duration of this Agreement. All policies held by Vendor to adhere to this term shall be written by a carrier with a financial size category of VII and at least a rating of ³$ဨ” by A.M. Best Key Rating Guide. The coverages and limits are to be considered minimum requirements and in

ATTACHMENT D
ITEM 8

TIPS Vendor Agreement (Part 1) Page 7

no way limit the liability of the Vendor(s). Any immunity available to TIPS or TIPS Members shall not be used as a defense by the contractor's insurance policy. Only deductibles applicable to property damage are acceptable, unless proof of retention funds to cover said deductibles is provided. "Claims made" policies will not be accepted. Vendor’s required minimum coverage shall not be suspended, voidHGFDQFHOOHGQRQဨUHQHZHGRUUH GXFHGLQFRYHUDJHRULQOLPLWV XQOHVVUHSODFHGE\DSROLF\WKDWSURYLGHVWKHPLQLPXPUHTXLUHG coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS Member if a project or pending delivery of an order is ongoing. Upon request, certified copies of all insurance policies shall be furnished to the TIPS or the TIPS Member. Vendor agrees that when Vendor or its subcontractors are liable for any damages or claims, Vendor’s policy, shall be primary over any other valid and collectible insurance carried by the Member or TIPS.

General Liability: $1,000,000 each Occurrence/Aggregate Automobile Liability: ,QFOXGHVRZQHGKLUHG QRQဨRZQHG Workers' Compensation: Statutory limits for the jurisdiction in which the Vendor performs under this Agreement. If Vendor performs in multiple jurisdictions, Vendor shall maintain the statutory limits for the jurisdiction with the greatest dollar policy limit requirement.

Umbrella Liability: $1,000,000 each Occurrence/Aggregate

32. Waiver. No waiver of any single breach or multiple breaches of any provision of this Agreement shall be construed to be a waiver of any breach of any other provision. No delay in acting regarding any breach of any provision shall be construed to be a waiver of such breach.

33. Binding Agreement. This Agreement shall be binding and inure to the benefit of the Parties hereto and their respective heirs, legal successors, and assigns.

34. Headings. The paragraph headings contained in this Agreement are included solely for convenience of reference and shall not in any way affect the meaning or interpretation of any of the provisions of this Agreement.

35. Choice of Law and Venue. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas. Any proceeding, claim, action, or alternative dispute resolution arising out of or relating to this Agreement or involving TIPS shall be brought in a State Court of competent jurisdiction in Ca mp County, Texas, or if Federal Court is legally required, a F ederal Court of competent jurisdiction in the Eastern District of Texas, and each of the Parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it ma y now or hereafter have to venue or to convenience of forum, ag rees that all claims in respect of the proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or and contemplated transaction in any other court.

The Parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowi ng, voluntary and freely bargained for agreement between the Parties irrevocably to waive any objections to venue or to convenience of forum.

36. Relationship of the Parties. Nothing contained in this Agreement shall be construed to make one Party an agent of the other Party nor shall either party have any authority to bind the other in any respect, unless expressly authorized by the other party in writing. The Parties are independent contractors and nothing in this Agreement creates a relationship of employment, trust, agency or partne rship between them.

37. Assignment. No assignment of this Agreement or of any duty or obligation of performance hereunder, shall be made in whole or in part by a Party hereto without the prior written consent of the other Party. Written consent of TIPS shall not be unreasonably withheld.

38. Minimum Condition an d Warr anty Requirements for TIPS Sales. All goods quoted or sold through a TIPS Sale shall be new unless clearly stated otherwise in writing. All new goods and services shall in clude the applicable manufacturers minimum standard warranty unless otherwise agreed to in the Supplemental Agreement.

39. Minimum Customer Support Requirements for TIPS Sales. Vendor shall provide timely and commercially reasonable support for TIPS Sales or as agreed to in the applicable Supplemental Agreement.

40. Minimum Shipping Requirements for TIPS Sales. Vendor shall ship, deliver, or provide ordered goods and services within a commercially reasonable time after acceptance of the order. If a delay in delivery is anticipated, Vendor shall notify the TIPS Member as to why delivery is delayed and provide an updated estimated time for completion. The TIPS Member may cancel the order if th e delay is not commercially acceptable or not consistent with the Supplemental Agreement applicable to the order.

41. Minimum Vendor License Requirements. Vendor shall maintain, in current status, all federal, state, and local licenses, bonds and permits required for the operation of the business conducted by Vendor. Vendor shall remain fully informed of and in compliance with

ATTACHMENT D
ITEM 8

TIPS Vendor Agreement (Part 1) Page 8

all ordinances and regulations pertaining to the lawful provision of goods or services under the TIPS Agreement. TIPS and TIPS Members reserve the right to stop work and/or cancel a TIPS Sale or terminate this or any TIPS Sale Supplemental Agreement involving Vendor if Vendor’s license(s) required to perform under this Agreement or under the specific TIPS Sale have expired, lapsed, ar e VXVSHQGHGRUWHUPLQDWHGVXEMHFWWRDဨGD\FXUHSHULRGXQOHVVSURKLELWHGE\DSSOLFDEOHVWDWXHRUUHJXODWLRQ

42. Minimum Vendor Legal Requirements. Vendor shall remain aware of and comply wi th this Agreement and all local, state, and federal laws governing the sale of products/services offered by Vendor under this contract. Such applicable laws, ordinances, and policies must be complied with even if not specified herein.

43. Minimum Site Requirements for TIPS Sales (when applicable to TIPS Sale).

Cleanup: When performing work on site at a TIPS Member’s property, Vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by the TIPS Member or as agreed by the parties. Upon completion of work, the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition.

Preparation: Vendor shall not begin a project for which a TIPS Member has not prepared the site, unless Vendor does the preparation work at no cost, or until TIPS Member includes the cost of site preparation in the TIPS Sale Site preparation includes, but is not limited WR
PRYLQJIXUQLWXUHLQVWDOOLQJZLULQJIRUQHWZRUNVRUSRZHUDQGVLPLODUSUHဨLQVWDOODWLRQUHTXLUHPHQWV

Registered Sex Offender Restrictions: For work to be performed at schools, Vendor agrees that no employee of Vendor or a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are, or reas onably expected to be, present unless otherwise agreed by the TIPS Member. Vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the TIPS Sale at the TIPS Member’s discretion. Vendor must identify an y additional costs associated with compliance of this term . If no costs are specified, complian ce with this term will be provided at no additional charge.

Safety Measures: Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Vendor shall post warning signs against all hazard s created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.

Smoking: Persons working under Agreement shall adhere to the TIPS Member’s or local smoking statutes, codes, ordinances, and policies.

44. Payment for TIPS Sales. TIPS Members may make payments for TIPS Sales directly to Vendor, Vendor’s Authorized Reseller, or as otherwise agreed to in the applicable Supplemental Agreement after receipt of the invoice and in compliance with applicable payment statutes. Regardless of how payment is issued or received for a TIPS Sale, Vendor is responsible for all reporting and TIPS Administration Fee payment requirements as stated herein.

45. Marketing. Vendor agrees to allow TIPS to use th eir name and logo within the TIPS website, database, marketing materials, and advertisements unless Vendor negotiates this term to include a specific acceptable-use directive. Any use of TIPS’ name and logo or any form of publicity, inclusive of press release, regarding this Agreement by Vendor must have prior approval from TIPS which will not be unreasonably withheld. Request may be made by email to [email protected]. For marketing efforts directed to TIPS Members, Vendor must request and execute a separate Joint Marketing Disclaimer, at [email protected], before TIPS can release contact information for TIPS Member entities for th e purpose of marketing your TIPS contract(s). Vendor must adhere to strict Marketing Requirements once a disclaimer is executed. The Joint Marketing Di sclaimer is a supplemental agreement specific to joint marketing efforts and has no effect on the terms of the TIPS Vendor Agreement. Vendor agrees that any images, photos, writing, audio, cli p art, music, or any other intellectual property (“Property”) or Vendor Data utilized, provided, or approved by Vendor during the cour se of the joint marketing efforts are either the exclusive property of Vendor, or Vendor has all necessary rights, license, and permi ssions to utilize said Property in the joint marketing efforts. Vendor agrees that they shall indemnify and hold harmless TIPS and its employees, officers, agents, representatives, contractors, assignees, designees, and TIPS Members from any and all claims, damages, and judgments involving infringement of patent, copyright, trade secrets, trade or services marks, and any other intellectual or intangible p roperty rights and/or claims arising from the Vendor’s (including Ve ndor’s officers’, employees’, agents’, Authorized Resellers’, subcontractors’, licensees’, or invitees’) unauthorized use or distribution of Vendor Data and Property.

46. Tax Exempt Status of TIPS Members. Most TIPS Members are tax exempt entities and the laws and regulations applicable to the specific TIPS Member customer shall control.

ATTACHMENT D
ITEM 8

TIPS Vendor Agreement (Part 1) Page 9

47. Automatic Renewal Limitation for TIPS Sales. No TIPS Sale may incorporate an automa tic renewal clause that exceeds month to month terms with which the TIPS Member must comply. All renewal terms incorporated into a TIPS Sale Supplemental Agreement shall only be valid and enforceab le when Vendor received written confirmation of acceptance of the renewal term from the TIPS Member for the specific renewal term. The purpose of this clause is to avoid a TIPS Member inadvertently renewing an Agreement during a period in which the governing body of the TIPS Member has not properly appropriated and budgeted the funds to satisfy the Agreement renewal. Any TIPS Sale Supplement al Agreement containing an “Automatic Re newal” clause that conflicts with these terms is rendered void and unenforceable.

48. Choice of Law Limitation for TIPS Sales. Vendor agrees that if any "Choice of Law" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member, that clause must provide that the "Choice of Law" applicable to the TIPS Sale agreement/contract between Vendor and TIPS Member shall be the state wher e the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a “Choice of Law” clause that conflicts with these terms is rendered void and unenforceable.

49. Venue Limitation for TIPS Sales. Vendor agrees that if any "Venue" provision is included in any TIPS Sale Agreement/contract between Vendor and a TIPS Member, that clause must provide that the "Venue" for any litigation or alternative dispute resolution shall be in the state and county where the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a “Venue” clause that conflicts with these terms is rendered void and unenforceable.

50. Indemnity Limitation for TIPS Sales. Texas and other jurisdictions restrict the ability of governmental entities to indemnify others.

Vendor agrees that if any "Indemnity" provision which requires the TIPS Member to indemnify Vendor is included in any TIPS sales agreement/contract between Vendor and a TIPS Member, that clause must either be stricken or qualified by including that such indemnity is only permitted, "to the extent permitted by the laws and constitution of [TIPS Member's State]” unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing an "Indemnity" clause that conflicts with these terms is rendered void and unenforceable.

51. Arbitration Limitation for TIPS Sales. Vendor agrees that if an y "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member, that clause may not require that the arbitration is mandatory or binding.

Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member, that clause provides for only voluntary and non-binding arbitration unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a “Arbitration” clause that conflicts with these terms is rendered void and unenforceable.

In Witness Whereof, the parties hereto, each acting under due and proper authority, have signed this Agreement.

ATTACHMENT D
ITEM 8
8/17/2023

ATTACHMENT D
ITEM 8
230602
Precision Concrete Cutting
Supplier Response
Event Information
Number: 230602
Title: Pavement and Other Related Services (2 Part with JOC) Type: Request for Proposal
Issue Date: 6/1/2023
Deadline: 7/14/2023 03:00 PM (CT)
Notes: This is a solicitation issued by The Interlocal Purchasing System (TIPS), a department of Texas Region 8 Education Service Center. It is an Indefinite Delivery, Indefinite Quantity ("IDIQ") solicitation. It will result in contracts that provide, through adoption/"piggyback" an indefinite quantity of supplies/services, during a fixed period of time, to TIPS public entity and qualifying non-profit "TIPS Members" throughout the nation. Thus, there is no specific project or scope of work to review. Rather this solicitation is issued as a prospective award for utilization when any TIPS Member needs the goods or services offered during the life of the agreement.

This is a two part solicitation. Part 1 is solicited for TIPS sales that are not considered a "public work" construction project. Part 1 permits the sale of goods and non- construction/non-"public work" services such as maintenance and minor repairs. Part 2 Job Order Contract (JOC) is solicited for projects considered by your TIPS Member Customers to be a "public work" construction project. The determination of whether or not a TIPS sale amounts to a "public work" construction project requiring a Part 2 JOC contract is made by the TIPS Member Customer at the time of each TIPS sale.

Thus, Vendors are encouraged to respond to both Parts 1 and 2 in case your TIPS Member Customers require that a sale be made under one Part or the other. However, responding to both Parts is not required.

Vendor: Precision Concrete Cutting 230602

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ATTACHMENT D
ITEM 8

IF YOU CURRENTLY HOLDS TIPS CONTRACT 200602 PAVEMENT AND OTHER RELATED SERVICES ("200602"), YOU MUST RESPOND TO THIS SOLICITATION TO PREVENT

LAPSE OF CONTRACT UNLESS YOU HOLD ANOTHER CURRENT TIPS CONTRACT THAT COVERS ALL OF YOUR PAVING OFFERINGS. THIS AWARDED CONTRACT WILL REPLACE YOUR EXPIRING TIPS CONTRACT 200602.

IF YOU HOLD ANOTHER TIPS CONTRACT OTHER THAN 200602 WHICH COVERS ALL OF

YOUR PAVING OFFERINGS AND YOU ARE SATISFIED WITH IT, THERE IS NO NEED TO RESPOND TO THIS SOLICITATION UNLESS YOU PREFER TO HOLD BOTH CONTRACTS.

Contact Information
Address: Region 8 Education Service Center
4845 US Highway 271 North
Pittsburg, TX 75686
Phone: +1 (866) 839-8477
Email: [email protected]
Vendor: Precision Concrete Cutting 230602

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ATTACHMENT D
ITEM 8
Precision Concrete Cutting Information
Contact: Matthew Haney
Address: 3191 N Canyon Rd
Provo, UT 84604
Phone: (801) 373-6060
Email: [email protected]
Web Address: safesidewalks.com
By submitting your response, you certify that you are authorized to represent and bind your company.

Matt Haney [email protected]
Signature Email
Submitted at 6/12/2023 12:14:23 PM (CT)
Requested Attachments
Vendor Agreement (Part 1) 1. 230602 Vendor Agreement
(Part 1).pdf
If responding to Part 1, the Vendor Agreement must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, Vendor Name placed in the line provided at the top, and uploaded to this location. If Vendor has proposed deviations to the Vendor Agreement (Part 1), Vendor may assert so in the Attribute Questions and those shall be addressed during evaluation.

Pricing Form 2 (Part 1) 2. 230602 Pricing Form 2 (Part
1).xlsx
If responding to Part 1, Pricing Form 2 (Part 1) must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed as instructed, and uploaded to this location.

Pricing Form 1 (Part 1) 3. 230602 Pricing Form 1 (Part
1).xlsx
If responding to Part 1, Pricing Form 1 (Part 1) must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed as instructed, and uploaded to this location.

Alternate or Supplemental Pricing Documents (Part 1) 4. Alternate of Supplemental Pricing Documents.pdf
Optional. If responding to Part 1, when completing Pricing Form 1 (Part 1) & Pricing Form 2 (Part 1), you direct TIPS to view additional, alternate, or supplemental pricing documentation, you may upload that Part 1 documentation.

Vendor Agreement Signature Form (Part 1) 5. Vendor Agreement Signature Form (Part 1).pdf
If responding to Part 1 the Vendor Agreement Signature Form (Part 1) must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded to this location. If Vendor has proposed deviations to the Vendor Agreement (Part 1), Vendor may leave the signature line of this page blank and assert so in the Attribute Questions and those shall be addressed during evaluation.

Part 2 Required Bonding Capacity Letter 6. Bonding Letter.pdf If proposing on Part 2, Vendor is required to upload a Bonding Capacity Letter from its surety, as described herein, at this location. Please see the attachment entitled "Instructions and Sample - Part 2 Required Bonding Capacity Letter" for complete instructions. . On Part 2, Vendor will be scored on the aggregate bonding capacity displayed in the accepted letter. Vendor must provide a current letter (issued on or after the first day of the month preceding the date on which the solicitation was posted) from its surety verifying Vendor’s bonding capacity as described herein. (Ex. if the solicitation/bid posted on February 4, 2022, the letter must be dated on or after January 1 2022. The letter must be issued from Vendor’s Surety companies, on surety company letterhead, must specify the maximum bonding capacity of the Vendor, and must be signed by an authorized representative of the surety company. The issuing surety must be authorized to do business in the State of Texas and must be listed on the Department of the Treasury's Listing of Approved Sureties (Department Circular 570).

Vendor: Precision Concrete Cutting 230602

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ATTACHMENT D
ITEM 8
Vendor Agreement (Part 2) 7. 230602 Vendor Agreement -
JOC (Part 2).pdf
If responding to Part 2, the Vendor Agreement (Part 2) must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded to this location. If Vendor has proposed deviations to the Vendor Agreement (Part 2), Vendor may assert so in the Attribute Questions and those shall be addressed during evaluation.

Vendor Agreement Signature Form (Part 2) 8. Vendor Agreement Signature Form (Part 2).pdf
If responding to Part 2, the Vendor Agreement Signature Form (Part 2) must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded to this location. If Vendor has proposed deviations to the Vendor Agreement (Part 2), Vendor may leave the signature line of this page blank and assert so in the Attribute Questions and those shall be addressed during evaluation.

Supplemental Vendor Information (Supplemental Vendor Information Only)
No response
Optional. If Vendor would like to display or include any brochures, promotional documents, marketing materials, or other Vendor Information for TIPS and TIPS Member Customer consideration, Vendor may upload those at this location. These supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor Supplemental Information for marketing and informational purposes only.

Vendor’s Warranties, Terms, and Conditions (Supplemental Vendor Information Only)
No response
Optional. If Vendor would like to display any standard warranties, terms, or conditions which are often applicable to their offerings for TIPS and TIPS Member Customer consideration, Vendor may upload those at this location. These supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor Supplemental Information for marketing and informational purposes only.

Reference Form 11. 230602 Reference Form JOC
(Parts 1 & 2).xls
The Reference Form must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded to this location. The Reference Form must be uploaded in Excel format.

Required Confidentiality Claim Form 12. Confidentiality Form.pdf The Required Confidentiality Claim Form must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded to this location. This is the only way for Vendor to assert confidentiality of any information submitted.

Conflict of Interest Questionnaire - Form CIQ No response Do not upload this form unless you have a reportable conflict with TIPS. There is an Attribute entitled “Conflict of Interest Questionnaire Requirement” immediately followed by an Attribute entitled “Conflict of Interest Questionnaire Requirement – Form CIQ – Continued.” Properly respond to those Attributes and only upload this form if applicable/instructed. If upload is required based on your response to those Attributes, the Conflict of Interest Questionnaire – Form CIQ must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded at this location.

Disclosure of Lobbying Activities - Standard Form - LLL No response Do not upload this form unless Vendor has reportable lobbying activities. There are Attributes entitled, “2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment – Continued.” Properly respond to those Attributes and only upload this form if applicable/instructed. If upload is required based on your response to those Attributes, the Disclosure of Lobbying Activities – Standard Form - LLL must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded to this location.

Current Form W-9 15. W-9.pdf
Vendor must upload their current IRS Tax Form W-9. The legal name, EIN, and d/b/a's listed should match the information provided herein exactly. This form will be utilized by TIPS to properly identify your entity.

Vendor: Precision Concrete Cutting 230602

Page 4 of 34 ends

ATTACHMENT D
ITEM 8
Certificates & Licenses (Supplemental Vendor Information Only) No response Optional. If Vendor would like to display any applicable certificates or licenses (including HUB certificates) for TIPS and TIPS Member Customer consideration, Vendor may upload those at this location. These supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor Supplemental Information for marketing and informational purposes only.

Vendor Logo (Supplemental Vendor Information Only) 17. Logo.jpg Optional. If Vendor desires that their logo be displayed on their public TIPS profile for TIPS and TIPS Member viewing, Vendor may upload that logo at this location. These supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor Supplemental Information for marketing and informational purposes only.

Bid Attributes
1 Disadvantaged/Minority/Women Business & Federal HUBZone Some participating public entities are required to seek Disadvantaged/Minority/Women Business & Federal HUBZone ("D/M/WBE/Federal HUBZone") vendors. Does Vendor certify that their entity is a D/M/WBE/Federal HUBZone vendor?

If you respond "Yes," you must upload current certification proof in the appropriate "Response Attachments" location.

NO
2 Historically Underutilized Business (HUB)
Some participating public entities are required to seek Historically Underutilized Business (HUB) vendors as defined by the Texas Comptroller of Public Accounts Statewide HUB Program. Does Vendor certify that their entity is a HUB vendor?
If you respond "Yes," you must upload current certification proof in the appropriate "Response Attachments" location.

No
3 National Coverage
Can the Vendor provide its proposed goods and services to all 50 US States? No
4 States Served
If Vendor answered "No" to the question entitled "National Coverage," please list all states where vendor can provide the goods and services proposed directly below. Your response may dictate which potential TIPS Member customers consider purchasing your offerings.

Service provided to all 48 contiguous states. Services are not provided in Alaska or Hawaii. 5 Description of Vendor Entity and Vendor's Goods & Services If awarded, this description of Vendor and Vendor's goods and services will appear on the TIPS website for customer/public viewing.

Precision Concrete Cutting provides a service for trimming down trip hazards on concrete panels. 6 Primary Contact Name
Please identify the individual who will be primarily responsible for all TIPS matters and inquiries for the duration of the contract.

Matt Haney
Vendor: Precision Concrete Cutting 230602

Page 5 of 34 ends

ATTACHMENT D
ITEM 8
7 Primary Contact Title
Primary Contact Title
President
8 Primary Contact Email
Please enter a valid email address that will definitely reach the Primary Contact. [email protected]
9 Primary Contact Phone
Numbers only, no symbols or spaces (Ex. 8668398477) . The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477).

Please provide the accurate and current phone number where the individual who will be primarily responsible for all TIPS matters and inquiries for the duration of the contract can be reached directly. 8013736060
1 0
Primary Contact Fax
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 8013736088
1 1
Primary Contact Mobile
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477).

No response
1 2
Secondary Contact Name
Please identify the individual who will be secondarily responsible for all TIPS matters and inquiries for the duration of the contract.

Kyle Shanklin
1 3
Secondary Contact Title
Secondary Contact Title
CFO
1 4
Secondary Contact Email
Please enter a valid email address that will definitely reach the Secondary Contact. [email protected]
1 5
Secondary Contact Phone
Numbers only, no symbols or spaces (Ex. 8668398477) . The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477).

Please provide the accurate and current phone number where the individual who will be secondarily responsible for all TIPS matters and inquiries for the duration of the contract can be reached directly. 8013736060
Vendor: Precision Concrete Cutting 230602

Page 6 of 34 ends

ATTACHMENT D
ITEM 8
1 6
Secondary Contact Fax
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 8013736088
1 7
Secondary Contact Mobile
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477).

No response
1 8
Administration Fee Contact Name
Please identify the individual who will be responsible for all payment, accounting, and other matters related to Vendor's TIPS Administration Fee due to TIPS for the duration of the contract.

Jared Eaton
1 9
Administration Fee Contact Email
Please enter a valid email address that will definitely reach the Administration Fee Contact. [email protected]
2 0
Administration Fee Contact Phone
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 8013736060
2 1
Purchase Order and Sales Contact Name
Please identify the individual who will be responsible for receiving and processing purchase orders and sales under the TIPS Contract.

Matt Haney
2 2
Purchase Order and Sales Contact Email
Please enter a valid email address that will definitely reach the Purchase Order and Sales Contact. [email protected]
2 3
Purchase Order and Sales Contact Phone
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 8013736060
2 4
Company Website
Company Website (Format - www.company.com)
www.safesidewalks.com
Vendor: Precision Concrete Cutting 230602

Page 7 of 34 ends

ATTACHMENT D
ITEM 8
2 5
Entity D/B/A's and Assumed Names
You must confirm that you are responding to this solicitation under your legal entity name. Go now to your Supplier Profile in this eBid System and confirm that your profile reflects your "Legal Name" as it is listed on your W9.

In this question, please identify all of your entity's assumed names and D/B/A's. Please note that you will be identified publicly by the Legal Name under which you respond to this solicitation unless you organize otherwise with TIPS after award.

No response
2 6
Primary Address
Primary Address
3191 N Canyon Rd
2 7
Primary Address City
Primary Address City
Provo
2 8
Primary Address State
Primary Address State (2 Digit Abbreviation)
UT
2 9
Primary Address Zip
Primary Address Zip
84604
3 0
Search Words Identifying Vendor
Please list all search words and phrases to be included in the TIPS database related to your entity. Do not list words which are not associated with the bid category/scope (See bid title for general scope). This will help users find you through the TIPS website search function. You may include product names, manufacturers, specialized services, and other words associated with the scope of this solicitation.

Sidewalk, maintenance, repair, concrete, grinding, trip hazard, ADA compliance, beveling, sidewalk repair, trip hazard removal
3 1
Certification of Vendor Residency (Required by the State of Texas) Does Vendor's parent company or majority owner:
(A) have its principal place of business in Texas; or (B) employ at least 500 persons in Texas?

Texas Education Code Section 44.031 requires that this information be considered in evaluation for certain contracts. However, Vendor response does not affect points, scoring, or potential award.

No
3 2
Vendor's Principal Place of Business (City)
In what city is Vendor's principal place of business located? Provo
Vendor: Precision Concrete Cutting 230602

Page 8 of 34 ends

ATTACHMENT D
ITEM 8
3 3
Vendor's Principal Place of Business (State)
In what state is Vendor's principal place of business located? UT
3 4
Vendor's Years in Business
How many years has the business submitting this proposal been operating in its current capacity and field of work? 18 3
5 Certification Regarding Entire TIPS Agreement for Part 1 and Part 2 Contracts This is a two part solicitation. Part 1 is solicited for TIPS sales that are not considered a "public work" construction project. Part 1 permits the sale of goods and non-construction/non-"public work" services such as maintenance and minor repairs. Part 2 Job Order Contract (JOC) is solicited for projects considered by your TIPS Member Customers to be a "public work" construction project. The determination of whether or not a TIPS sale amounts to a "public work" construction project requiring a Part 2 JOC contract is made by the TIPS Member Customer at the time of each TIPS sale. Thus, Vendors are encouraged to respond to both Parts 1 and 2 in case your TIPS Member Customers require that a sale be made under one Part or the other. However, responding to both Parts is not required. If Vendor responds and is awarded to both Parts, Vendor will have one contract for Part 1 and a separate contract for Part 2.

Vendor agrees that, if awarded, Vendor's final TIPS Contract(s), for either Part 1, Part 2, or both Parts, will consist of the provisions set forth in the corresponding finalized TIPS Vendor Agreement, Vendor's responses to these attribute questions, and: (1) The TIPS solicitation document resulting in the Agreement; (2) Any addenda or clarifications issued in relation to the corresponding TIPS solicitation; (3) All solicitation information provided to Vendor by TIPS through the TIPS eBid System; (3) Vendor’s entire proposal response to the corresponding TIPS solicitation including all accepted required attachments, acknowledged notices and certifications, accepted negotiated terms, accepted pricing, accepted responses to questions, and accepted written clarifications of Vendor’s proposal, and; any properly included attachments to the TIPS Contract.

Does Vendor agree?
Yes, Vendor agrees
Vendor: Precision Concrete Cutting 230602

Page 9 of 34 ends

ATTACHMENT D
ITEM 8
3 6
Minimum Percentage Discount Offered to TIPS Members on all Part 1 Goods and Services (READ

CAREFULLY)
Please read thoroughly and carefully as an error on your response can render your Part 1 contract award unusable. If you are not proposing on Part 1, you must still respond to proceed but it will not apply to you unless you decide to propose and are awarded on Part 1.

TIPS Members often turn to TIPS Contracts for ease of use and to receive discounted pricing.

If awarded on Part 1, what is the minimum percentage discount that you can offer TIPS Members off of all Part 1 goods and service pricing (whether offered through Pricing Form 1, Pricing Form 2, or in another accepted format) that you offer?
Only limited goods/services specifically identified and excluded from this discount in Vendor’s original proposal may be excluded from this discount.

Vendor must respond with a percentage from 0%-100%. The percentage discount that you input below will be applied to your Part 1 "Catalog Pricing", as defined in the solicitation, for all TIPS Sales made during the life of the contract. You cannot alter this percentage discount once the solicitation legally closes. You will always be required to discount every TIPS Sale by the percentage included below with the exception of limited goods/services
specifically identified and excluded from this discount in Vendor’s original proposal. If you add goods or services to your "Catalog Pricing" during the life of the contract, you will be required to sell those new items with this discount applied.

Example: In this example, you enter a 10% minimum percentage discount below. In year-one of your TIPS Contract, your published Part 1 "Catalog Pricing" (website/store/published pricing) for "Material A" is $100 and for "Material A Maintenance Service" is $100. In this example, you must sell those items under the Part 1 TIPS Contract at the proposed 10% discounted price of: "Material A" - $90, " Material A Maintenance Service" - $90. In year two of your TIPS Contract, you update your Part 1 "Catalog Pricing" with the market. You add "Material B" to your "Catalog Pricing" for $200 and have increased the price of "Material A" to $110 and the price of " Material A Maintenance Service" to $110. In this example, after the Part 1 "Catalog Pricing" update, you must still sell those items under the Part 1 TIPS Contract at the proposed 10% discounted price of: "Material A" - $99, " Material A Maintenance Service "
- $99, and "Material B" - $180.00.

With the exception of limited goods/services specifically identified and excluded from this discount in Vendor’s original proposal, if you cannot honor the discount on all Part 1 goods and items now included or which may be added in the future with certainty, then you should offer a lesser discount percentage below.

0%
3 7
Honoring Vendor's Part 1 Minimum Percentage Discount
Vendor is asked in these Attribute Questions to provide a Minimum Percentage Discount offered to TIPS Members on all Part 1 goods and services sold under the TIPS Contract. If proposing on Part 1, points will be assigned for your response and scoring of your Part 1 proposal will be affected. On your Part 1 evaluation, a "YES" answer will be awarded the maximum 10 points and a "NO" answer will be awarded 0 points. If you are not proposing on Part 1, you must still answer to proceed but this term will not apply to you or affect your scoring unless you decide to propose and are awarded on Part 1.

If awarded on Part 1, does Vendor agree to honor the Minimum Percentage Discount off of their TIPS "Catalog Pricing" that Vendor proposed for all TIPS Sales made for the duration of the TIPS Contract?

Yes, Vendor agrees
Vendor: Precision Concrete Cutting 230602

Page 10 of 34 ends

ATTACHMENT D
ITEM 8
3 8
Volume and Additional Discounts
In addition to the Part 1 Minimum Percentage Discount proposed herein, does Vendor ever expect and intend to offer additional, greater, or volume discounts to TIPS Members?

If proposing on Part 1, point(s) may be assigned for your response in the Part 1 category of "Pricing" during scoring and evaluation. If you are not proposing on Part 1, you must respond to proceed but no points will be assigned for your response.

No
3 9
Part 1 "Catalog Pricing" and Pricing Requirements
This is a requirement of the Part 1 TIPS Contract and is non-negotiable. If you are not proposing on Part 1, you must still agree to proceed but it will not apply to you unless you decide to propose and are awarded on Part 1.

In this solicitation and resulting contract, Part 1 "Catalog Pricing" shall be defined as:

"The then available list of goods or services, in the most current listing regardless of date, that takes the form of a catalog, price list, price schedule, shelf-price or other viewable format that:

A. is regularly maintained by the manufacturer or Vendor of an item; and

B. is either published or otherwise available for review by TIPS or a customer during the purchase process;

C. to which the Minimum Percentage Discount proposed by the proposing Vendor may be applied.

If awarded on Part 1 of this TIPS Contract, for the duration of the contract, Vendor agrees to provide, upon request, their then current "Catalog Pricing." Or, in limited circumstances where Vendor has proposed the Percentage Mark- Up method of pricing in this proposal, proof of Vendor's "cost" may be accepted by TIPS in place of catalog pricing.

YES
4 0
REQUIRED FOR PART 2 - Vendor's Regular Hours RS Means Coefficient What is Vendor's Regular Hours RS Means Coefficient? If you do not intend to propose on Part 2, you may enter a "0" in order to continue.

The RS Means Price Book is a unit price book adjusted for different geographic areas by using the City Cost Index for each location. You may visit https://www.rsmeans.com for more information.

You must review the TIPS Part 2 RS Means JOC Pricing Explanation & Rubric under the "Attachments" tab prior to responding herein.

To propose the RS Means Price Book pricing exactly, Vendor would insert a 1.0 as their Regular Hours RS Means Coefficient below, to propose a 5% discount off of the RS Means Price Book Vendor would insert a .95 as their Regular Hours RS Means Coefficient below. To see the full scoring rubric and use TIPS scoring calculator, please view the TIPS RS Means JOC Pricing Explanation & Rubric under the "Attachments" tab.

Insert Vendor's Regular Hours RS Means Coefficient below. If you do not intend to propose on Part 2, you may enter a "0" in order to continue.
1 Vendor: Precision Concrete Cutting 230602

Page 11 of 34 ends

ATTACHMENT D
ITEM 8
4 1
REQUIRED FOR PART 2 - Vendor's After-Hours RS Means Coefficient What is Vendor's After-Hours RS Means Coefficient? If you do not intend to propose on Part 2, you may enter a "0" in order to continue.

The RS Means Price Book is a unit price book adjusted for different geographic areas by using the City Cost Index for each location. You may visit https://www.rsmeans.com for more information.

You must review the TIPS Part 2 RS Means JOC Pricing Explanation & Rubric under the "Attachments" tab prior to responding herein.

The most common After-Hours RS Means Coefficient is "time-and-a-half" of the standard RS Means Unit Price Book. For example, if Vendor's Regular Hours Coefficient above is .95, Vendor would assert an After-Hours RS Means Coefficient of 1.45 for "time-and-a-half" pricing. To see the full scoring rubric and use TIPS scoring calculator, please view the TIPS RS Means JOC Pricing Explanation & Rubric under the "Attachments" tab.

Insert Vendor's After-Hours RS Means Coefficient below. If you do not intend to propose on Part 2, you may enter a "0" in order to continue.

1.5 4
2 REQUIRED FOR PART 2 - Vendor's Percentage Markup of Items not Pre-Priced within the RS Means Price Book
Here, Vendor must enter a percentage, not a coefficient. If you do not intend to propose on Part 2, you may enter a "0" in order to continue.

If Vendor sells items which cannot be found in the RS Means Price Book, at what Percentage Markup does Vendor agree to sell those Non Pre-Priced items? This is a maximum Percentage Markup and Vendor may always offer customers a lesser markup.

Example: In this example, Vendor is selling a project to a TIPS Member school district and some of the contract pricing for special materials cannot be verified because it cannot be found in the RS Means Price book. Vendor may sell those specialty items to the Member this percentage markup from cost. In this example, if one of the specialty items cost Vendor $100 from the manufacturer and Vendor proposed a Percentage Markup of 30% here, then Vendor could sell the item to the TIPS Customer for $130.00 or less in this example.

Vendor must provide TIPS with manufacturer documentation reflecting the cost of any non pre-priced item at the time of the TIPS sale so that TIPS can verify that the proposed percentage markup is being honored.

What is Vendor's Percentage Markup of items not Pre-Priced within the RS Means Price Book? If you do not intend to propose on Part 2, you may enter a "0" in order to continue.

0%
Vendor: Precision Concrete Cutting 230602

Page 12 of 34 ends

ATTACHMENT D
ITEM 8
4 3
REQUIRED FOR PART 2 - TIPS Pricing and Line Item Estimate Pricing Requirements This is a requirement of the Part 2 TIPS Contract and is non-negotiable. If you are not proposing on Part 2, you must still agree to proceed but it will not apply to you unless you decide to propose and are awarded on Part 2.

Vendor must respond to the required pricing attributes above seeking RS Means coefficients and a percentage markup if seeking to propose on Part 2.

If awarded on Part 2 of this TIPS Contract, for the duration of the contract, Vendor agrees to provide a RS Means line-item estimate to TIPS for each anticipated Part 2 TIPS project or sale. Or, in limited circumstances in contracts where Xactimate pricing is also expressly permitted and Vendor also submits Xactimate pricing under Part 2, Vendor may instead provide an Xactimate line-item estimate to TIPS. However, Vendor agrees that when a TIPS Member Customer seeks a quote for a Part 2 TIPS sale, Vendor will always supply a line-item estimate to TIPS for review and approval.

Yes, Vendor agrees
4 4

EXCEPTIONS & DEVIATIONS TO TIPS STANDARD TERMS AND CONDITIONS Vendor agrees that, if awarded, Vendor's final TIPS Part 1 and/or Part 2 Contract will consist of the provisions set forth in the finalized TIPS Vendor Agreement, Vendor's responses to these attribute questions, and: (1) The corresponding TIPS solicitation document resulting in this Agreement; (2) Any addenda or clarifications issued in relation to the corresponding TIPS solicitation; (3) All solicitation information provided to Vendor by TIPS through the TIPS eBid System; (3) Vendor’s entire proposal response to the corresponding TIPS solicitation including all accepted required attachments, acknowledged notices and certifications, accepted negotiated terms, accepted pricing, accepted responses to questions, and accepted written clarifications of Vendor’s proposal, and; any properly included attachments to the TIPS Contract. I n the event of conflict between the terms of the finalized Vendor Agreement and one of the incorporated documents the terms and conditions which are in the best interest of governmental/qualifying non-profit TIPS Members shall control at TIPS sole discretion.

If Vendor responds, "No, Vendor does not agree" to this Attribute, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested negotiations as redline edits for TIPS consideration. This is the only proper way to submit proposed deviations for TIPS consideration. TIPS reserves the right to accept, decline, or modify Vendor's requested negotiated terms. For this reason, answering "No, Vendor does not agree" may ultimately delay or prevent award .

Does Vendor agree with TIPS standard terms and conditions as presented in the TIPS solicitation document (RFP, RCSP, RFQ, or other) and the TIPS Vendor Agreement document? Yes, Vendor agrees
Vendor: Precision Concrete Cutting 230602

Page 13 of 34 ends

ATTACHMENT D
ITEM 8
4 5
TIPS Sales Reporting Requirements
This is a requirement of the TIPS Contract and is non-negotiable.

By submitting this proposal, Vendor certifies that Vendor will properly report all TIPS sales. With the exception of TIPS Automated Vendors, who have signed an exclusive agreement with TIPS regarding reporting, all TIPS Sales must be reported to TIPS by either:

(1) Emailing the purchase order or similar purchase document (with Vendor’s Name, as known to TIPS, and the TIPS Contract Name and Number included) to TIPS at [email protected] with “Confirmation Only” in the subject line of the email within three business days of Vendor’s acceptance of the order, or;

(2) Within 3 business days of the order being accepted by Vendor, Vendor must login to the TIPS Vendor Portal and successfully self-report all necessary sale information within the Vendor Portal and confirm that it shows up accurately on your current Vendor Portal statement.

No other method of reporting is acceptable unless agreed to by the Parties in writing. Failure to report all sales pursuant to this provision may result in immediate cancellation of Vendor’s TIPS Contract(s) for cause at TIPS’ sole discretion.
4 6
TIPS Administration Fee Requirement and Acknowledgment
This is a requirement of the TIPS Contract and is non-negotiable.

The collection of fees by TIPS, a government entity, for performance of these procurement services is required pursuant to Texas Government Code Section 791.011 et. seq. The TIPS Administration Fee is the amount legally owed by Vendor to TIPS for TIPS Sales made by Vendor. The TIPS Administration Fee amount is typically a set percentage of each TIPS Sale legally due to TIPS, but the exact TIPS Administration Fee for this Contract is published in the corresponding RFP or RCSP document. TIPS Administration Fees are due to TIPS immediately upon Vendor’s receipt of payment, including partial payment, for a TIPS Sale.

By submitting a proposal, Vendor agrees that it has read, understands, and agrees to the published TIPS Administration Fee amount, calculation, and payment requirements. By submitting a proposal Vendor further confirms that all TIPS Pricing includes the TIPS Administration Fee and Vendor will not show adding the TIPS Administration Fee as a charge or line-item in any TIPS Sale.

4 7
TIPS Member Access to Vendor Proposal & Documentation
This is a requirement of the TIPS Contract and is non-negotiable.

Notwithstanding any other information provided in this solicitation or Vendor designation of certain documentation as confidential or proprietary, Vendor’s submission of this proposal constitutes Vendor’s express consent to the disclosure of Vendor’s comprehensive proposal, including any information deemed confidential or proprietary, to TIPS Members . The proposing Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of information or documentation to TIPS Members or by TIPS Members. By submitting this proposal, Vendor certifies the foregoing.

Vendor: Precision Concrete Cutting 230602

Page 14 of 34 ends

ATTACHMENT D
ITEM 8
4 8
Non-Collusive Bidding Certificate
This is a requirement of the TIPS Contract and is non-negotiable.

By submission of this proposal, the Vendor certifies that:
1) This proposal has been independently arrived at without collusion with any other entity, bidder, or with any competitor;
2) This proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids, or proposals for this project, to any other bidder, competitor or potential competitor:
3) No attempt has been or will be made to induce any other person, partnership or corporation to modify, submit, or not to submit a bid or proposal; and

4) The person signing this bid or proposal certifies that they are duly authorized to execute this proposal/contract on behalf of Vendor and they have fully informed themselves regarding the accuracy of the statements contained in this certification, and under the penalties being applicable to the bidder as well as to the person signing in its behalf;

4 9
Antitrust Certification Statements (Tex. Government Code § 2155.005) This is a requirement of the TIPS Contract and is non-negotiable.

By submission of this bid or proposal, Vendor certifies under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this proposal/contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Vendor) identified herein; (2) In connection with this proposal, neither I nor any representative of Vendor has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this proposal, neither I nor any representative of the Vendor has violated any federal antitrust law;
(4) Neither I nor any representative of Vendor has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.
5 0
Limitation on Out-of-State Litigation - Texas Business and Commerce Code § 272 This is a requirement of the TIPS Contract and is non-negotiable.

Texas Business and Commerce Code § 272 prohibits a construction contract, or an agreement collateral to or affecting the construction contract, from containing a provision making the contract or agreement, or any conflict arising under the contract or agreement, subject to another state’s law, litigation in the courts of another state, or arbitration in another state. If included in Texas construction contracts, such provisions are voidable by a party obligated by the contract or agreement to perform the work.

By submission of this proposal, Vendor acknowledges this law and if Vendor enters into a construction contract with a Texas TIPS Member under this procurement, Vendor certifies compliance.

Vendor: Precision Concrete Cutting 230602

Page 15 of 34 ends

ATTACHMENT D
ITEM 8
5 1
Required Confidentiality Claim Form
This is a requirement of the TIPS Contract and is non-negotiable.

TIPS provides the required TIPS Confidentiality Claim Form in the "Attachments" section of this solicitation. Vendor must execute this form by either signing and waiving any confidentiality claim, or designating portions of Vendor's proposal confidential. If Vendor considers any portion of Vendor's proposal to be confidential and not subject to public disclosure pursuant to Chapter 552 Texas Gov’t Code or other law(s) and orders, Vendor must have identified the claimed confidential materials through proper execution of the Confidentiality Claim Form.

If TIPS receives a public information act or similar request, any responsive documentation not deemed confidential by you in this manner will be automatically released. For Vendor documents deemed confidential by you in this manner, TIPS will follow procedures of controlling statute(s) regarding any claim of confidentiality and shall not be liable for any release of information required by law, including Attorney General determination and opinion.

Notwithstanding any other Vendor designation of Vendor's proposal as confidential or proprietary, Vendor’s submission of this proposal constitutes Vendor’s agreement that proper execution of the required TIPS Confidentiality Claim Form is the only way to assert any portion of Vendor's proposal as confidential. 5 2
Non-Discrimination Statement and Certification
This is a requirement of the TIPS Contract and is non-negotiable.

In accordance with Federal civil rights law, all U.S. Departments, including but not limited to the USDA, USDE, FEMA, are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by federal funds (not all bases apply to all programs).

Vendor certifies that Vendor will comply with applicable Non-Discrimination and Equal Opportunity provisions set forth in TIPS Member Customers’ policies and other regulations at the local, state, and federal levels of governments.

Yes, I certify
5 3
Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable.

TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas."

Does Vendor agree?
Yes, I Agree
Vendor: Precision Concrete Cutting 230602

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ATTACHMENT D
ITEM 8
5 4
Alternative Dispute Resolution Limitations
This is a requirement of the TIPS Contract and is non-negotiable.

TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas.

Does Vendor agree?
Yes, Vendor agrees
5 5
No Waiver of TIPS Immunity
This is a requirement of the TIPS Contract and is non-negotiable.

Vendor agrees that n othing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel.

Does Vendor agree?
Yes, Vendor agrees
5 6
Payment Terms and Funding Out Clause
This is a requirement of the TIPS Contract and is non-negotiable.

Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member.

Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body.

Does Vendor agree?
Yes, Vendor agrees
5 7
Certification Regarding Prohibition of Certain Terrorist Organizations (Tex. Gov. Code 2270) Vendor certifies that Vendor is not a company identified on the Texas Comptroller’s list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State.

Does Vendor certify?
Yes, Vendor certifies
Vendor: Precision Concrete Cutting 230602

Page 17 of 34 ends

ATTACHMENT D
ITEM 8
5 8
Certification Regarding Prohibition of Boycotting Israel (Tex. Gov. Code 2271) If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement or any agreement with a TIPS Member under this procurement has value of $100,000 or more, the following certification shall apply; otherwise, this certification is not required. Vendor certifies, where applicable, that neither the Vendor, nor any affiliate, subsidiary, or parent company of Vendor, if any, boycotts Israel, and Vendor agrees that Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term “boycott” shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory but does not include an action made for ordinary business purposes.

When applicable, does Vendor certify?
Yes, Vendor certifies
5 9
Certification Regarding Prohibition of Contracts with Certain Foreign-Owned Companies (Tex. Gov.

Code 2274)
Certain public entities are prohibited from entering into a contract or other agreement relating to critical infrastructure that would grant Vendor direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by a customer for product warranty and support purposes.

Vendor certifies that neither it nor its parent company nor any affiliate of Vendor or its parent company, is (1) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a designated country.

For purposes of this certification, “critical infrastructure” means “a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.” Vendor certifies that Vendor will not grant direct or remote access to or control of critical infrastructure, except for product warranty and support purposes, to prohibited individuals, companies, or entities, including governmental entities, owned, controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, as determined by the Governor.

When applicable, does Vendor certify?
Yes, Vendor certifies
Vendor: Precision Concrete Cutting 230602

Page 18 of 34 ends

ATTACHMENT D
ITEM 8
6 0
Certification Regarding Prohibition of Discrimination Against Firearm and Ammunition Industries (Tex.

Gov. Code 2274)
If (a) Vendor is not a sole proprietorship; (b) Vendor has at least ten (10) full-time employees; and (c) this Agreement or any Supplemental Agreement with certain public entities have a value of at least $100,000 that is paid wholly or partly from public funds; (d) the Agreement is not excepted under Tex. Gov. Code 2274 and (e) the purchasing public entity has determined that Vendor is not a sole-source provider or the purchasing public entity has not received any bids from a company that is able to provide this written verification, the following certification shall apply; otherwise, this certification is not required.

Vendor certifies that Vendor, or association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary parent company, or affiliate of these entities or associations, that exists to make a profit, does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this contract against a firearm entity or firearm trade association.

For purposes of this Agreement, “discriminate against a firearm entity or firearm trade association” shall mean, with respect to the entity or association, to: “(1) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association.”

“Discrimination against a firearm entity or firearm trade association” does not include: “(1) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association.”

When applicable, does Vendor certify?
Yes, Vendor certifies
6 1
Certification Regarding Termination of Contract for Non-Compliance (Tex. Gov. Code 552.374) If Vendor is not a governmental body and (a) this Agreement or any Supplemental Agreement with a public entity has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by certain public entities; or (b) this Agreement or any Supplemental Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by certain public entities in their fiscal year, the following certification shall apply; otherwise, this certification is not required.

As required by Tex. Gov. Code 552.374, the following statement is included in the RFP and the Agreement (unless the Agreement is (1) related to the purchase or underwriting of a public security; (2) is or may be used as collateral on a loan; or (3) proceeds from which are used to pay debt service of a public security of loan): “The requirements of Subchapter J, Chapter 552, Government Code, may apply to this solicitation and Agreement and the Vendor agrees that this Agreement and any applicable Supplemental Agreement can be terminated if Vendor knowingly or intentionally fails to comply with a requirement of that subchapter.”

Pursuant to Chapter 552 of the Texas Government Code, Vendor certifies that Vendor shall: (1) preserve all contracting information related to this Agreement as provided by the records retention requirements applicable to TIPS or the purchasing TIPS Member for the duration of the Agreement; (2) promptly provide to TIPS or the purchasing TIPS Member any contracting information related to the Agreement that is in the custody or possession of Vendor on request of TIPS or the purchasing TIPS Member; and (3) on completion of the Agreement, either (a) provide at no cost to TIPS or the purchasing TIPS Member all contracting information related to the Agreement that is in the custody or possession of Vendor, or (b) preserve the contracting information related to the Agreement as provided by the records retention requirements applicable to TIPS or the purchasing TIPS Member.

When applicable, does Vendor certify?
Yes, Vendor certifies
Vendor: Precision Concrete Cutting 230602

Page 19 of 34 ends

ATTACHMENT D
ITEM 8
6 2
Certification Regarding Prohibition of Boycotting Certain Energy Companies (Tex. Gov. Code 2274) If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement or any Supplemental Agreement with certain public entities has a value of $100,000 or more that is to be paid wholly or partly from public funds, the following certification shall apply; otherwise, this certification is not required.

Vendor certifies that Vendor, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of these entities or business associations, if any, do not boycott energy companies and will not boycott energy companies during the term of the Agreement or any applicable Supplemental Agreement.

For purposes of this certification the term “company” shall mean an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to make a profit.

The term “boycott energy company” shall mean “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law, or (b) does business with a company described by paragraph (a).” (See Tex. Gov. Code 809.001).

When applicable, does Vendor certify?
Yes, Vendor certifies
6 3
Felony Conviction Notice - Texas Education Code 44.034
Texas Education Code, Section 44.034, Notification of Criminal History, Subsection (a), states, "a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.”

Subsection (b) states, "a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.”

Subsection (c) states, "This section does not apply to a publicly held corporation.

Vendor certifies one of the following:

A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable, or;

B. My firm is not owned nor operated by anyone who has been convicted of a felony, or;

C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony.

If Vendor responds with Option (C), Vendor is required to provide information in the next attribute.

B. My firm is not owned nor operated by felon.

Vendor: Precision Concrete Cutting 230602

Page 20 of 34 ends

ATTACHMENT D
ITEM 8
6 4
Felony Conviction Notice - Texas Education Code 44.034 - Continued If Vendor selected Option (C) in the previous attribute, Vendor must provide the following information herein:

1. Name of Felon(s)

2. The Felon(s) title/role in Vendor's entity, and

3. Details of Felon(s) Conviction(s).

No response
6 5
Conflict of Interest Questionnaire Requirement
Vendor agrees that it has looked up, read, and understood the current version of Texas Local Government Code Chapter 176 which generally requires disclosures of conflicts of interests by Vendor hereunder if Vendor:

(1) has an employment or other business relationship with a local government officer of our local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of our local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of our local governmental entity.

(4) Any other financial, commercial, or familial relationship with our local government that may warrant reporting under this statute.

Does Vendor certify that it has NO reportable conflict of interest?

Yes, Vendor certifies - VENDOR HAS NO CONFLICT
6 6
Conflict of Interest Questionnaire Requirement - Form CIQ - Continued If you responded "No, Vendor does not certify - VENDOR HAS CONFLICT" to the Conflict of Interest Questionnaire question above, you are required by law to fully execute and upload the form attachment entitled "Conflict of Interest Questionnaire - Form CIQ." If you accurately claimed no conflict above, you may disregard the form attachment entitled "Conflict of Interest Questionnaire - Form CIQ." Have you uploaded this form if applicable?
Not Applicable
6 7
Upload of Current W-9 Required
Vendors are required by TIPS to upload a current, accurate W-9 Internal Revenue Service (IRS) Tax Form for your entity. This form will be utilized by TIPS to properly identify your entity.

You must confirm that you are responding to this solicitation under your legal entity name. Go now to your Supplier Profile in this eBid System and confirm that your profile reflects your "Legal Name" as it is listed on your W9. 6 8
Regulatory Good Standing Certification
Does Vendor certify that its entity is in good standing will all government entities and agencies, whether local, state, or federal, that regulate any aspect of Vendor's field of work or business operations?

If Vendor selects "No", Vendor must provide explanation on the following attribute question.

Yes, Vendor certifies
Vendor: Precision Concrete Cutting 230602

Page 21 of 34 ends

ATTACHMENT D
ITEM 8
6 9
Regulatory Good Standing Certification - Explanation - Continued If Vendor responded to the prior attribute that "No", Vendor is not in good standing, Vendor must provide an explanation of that lack of good standing here for TIPS consideration.

No response
7 0
Instructions Only - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Instructions for Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

1. By answering yes to the next Attribute question below, the vendor and prospective lower tier participant is providing the certification set out herein in accordance with these instructions.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and / or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participants,” “person,” “primary covered transaction,” “principal,” “proposal” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and / or debarment.

Vendor: Precision Concrete Cutting 230602

Page 22 of 34 ends

ATTACHMENT D
ITEM 8
7 1
Suspension or Debarment Certification
Read the instructions in the attribute above and then answer the following accurately.

Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

Does Vendor certify?
Yes, Vendor certifies
7 2
Vendor Certification of Criminal History - Texas Education Code Chapter 22 Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district pursuant to this law.

DEFINITIONS
Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students.

Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state.

Vendor certifies:

NONE (Section A): None
of the employees of Vendor and any subcontractors are covered employees, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Vendor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided under this procurement.

OR
SOME (Section B): Some or all of the employees of Vendor and any subcontractor are covered employees. If this box is checked, I further certify that: (1) Vendor has obtained all required criminal history record information regarding its covered employees. None of the covered employees has a disqualifying criminal history; (2) If Vendor receives information that a covered employee subsequently has a reported criminal history, Vendor will immediately remove the covered employee from contract duties and notify the purchasing entity in writing within 3 business days; (3) Upon request, Vendor will provide the purchasing entity with the name and any other requested information of covered employees so that the purchasing entity may obtain criminal history record information on the covered employees; (4) If the purchasing entity objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information, Vendor agrees to discontinue using that covered employee to provide services at the purchasing entity.

Which option does Vendor certify?
Yes, I certify - NONE (Section A)
Vendor: Precision Concrete Cutting 230602

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ATTACHMENT D
ITEM 8
7 3
Certification Regarding "Choice of Law" Terms with TIPS Members Vendor agrees that if any "Choice of Law" provision is included in any sales agreement/contract between Vendor and a TIPS Member, that clause must provide that the "Choice of Law" applicable to the sales agreement/contract between Vendor and TIPS Member shall be the state where the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a "Choice of Law" clause that conflicts with these terms is rendered void and unenforceable.

If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested negotiations as redline edits for TIPS consideration.

Does Vendor agree?

Yes, Vendor agrees
7 4
Certification Regarding "Venue" Terms with TIPS Members Vendor agrees that if any "Venue" provision is included in any sales agreement/contract between Vendor and a TIPS Member, that clause must provide that the "Venue" for any litigation or alternative dispute resolution is shall be in the state and county where the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a "Venue" clause that conflicts with these terms is rendered void and unenforceable.

Does Vendor agree?
Yes, Vendor agrees
7 5
Certification Regarding "Automatic Renewal" Terms with TIPS Members Vendor agrees that no TIPS Sale may incorporate an "Automatic Renewal" clause that exceeds month to month terms with which the TIPS Member must comply. All renewal terms incorporated into a TIPS Sale Supplemental Agreement shall only be valid and enforceable when Vendor received written confirmation of acceptance of the renewal term from the TIPS Member for the specific renewal term. The purpose of this clause is to avoid a TIPS Member inadvertently renewing a Supplemental Agreement during a period in which the governing body of the TIPS Member has not properly appropriated and budgeted the funds to satisfy the Agreement renewal. Any TIPS Sale Supplemental Agreement containing an "Automatic Renewal" clause that conflicts with these terms is rendered void and unenforceable.

Does Vendor agree?
Yes, Vendor agrees
Vendor: Precision Concrete Cutting 230602

Page 24 of 34 ends

ATTACHMENT D
ITEM 8
7 6
Certification Regarding "Indemnity" Terms with TIPS Members Texas and other jurisdictions restrict the ability of governmental entities to indemnify others. Vendor agrees that if any "Indemnity" provision which requires the TIPS Member to indemnify Vendor is included in any sales agreement/contract between Vendor and a TIPS Member, that clause must either be stricken or qualified by including that such indemnity is only permitted, "to the extent permitted by the laws and constitution of [TIPS Member's State]" unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing an "Indemnity" clause that conflicts with these terms is rendered void and unenforceable.

Does Vendor agree?
Yes, Vendor agrees
7 7
Certification Regarding "Arbitration" Terms with TIPS Members Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member, that clause may not require that the arbitration is mandatory or binding. Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member, that clause provides for only voluntary and non-binding arbitration unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a “Arbitration” clause that conflicts with these terms is rendered void and unenforceable.

Does Vendor agree?
Yes, Vendor agrees
7 8
2 CFR PART 200 AND FEDERAL CONTRACT PROVISIONS EXPLANATION TIPS and TIPS Members will sometimes seek to make purchases with federal funds. In accordance with 2 C.F.R.

Part 200 of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (sometimes referred to as “EDGAR”), Vendor's response to the following questions labeled "2 CFR Part 200 or Federal Provision" will indicate Vendor's willingness and ability to comply with certain requirements which may be applicable to TIPS purchases paid for with federal funds, if accepted by Vendor.

Your responses to the following questions labeled "2 CFR Part 200 or Federal Provision" will dictate whether TIPS can list this awarded contract as viable to be considered for a federal fund purchase.

Failure to certify all
requirements labeled "2 CFR Part 200 or Federal Provision" will mean that your contract is listed as not viable for the receipt of federal funds. However, it will not prevent award.

If you do enter into a TIPS Sale when you are accepting federal funds, the contract between you and the TIPS Member will likely require these same certifications.

Vendor: Precision Concrete Cutting 230602

Page 25 of 34 ends

ATTACHMENT D
ITEM 8
7 9
2 CFR Part 200 or Federal Provision - Vendor Willingness to Accept Federal Funds This certification is not required by federal law. However, TIPS Members are public entities and qualifying non- profits which often receive federal funding and grants (ESSER, CARES Act, EDGAR, etc.) Accepting such funds often requires additional required certifications and responsibilities for Vendor. The following attribute questions include these required certifications. Your response to this questions, the following certifications, and other factors will determine whether your contract award will be deemed as eligible for federal fund expenditures by TIPS Members.

If awarded, is Vendor willing to accept payment for goods and services offered under this contract paid for by a TIPS Member with federal funds?

Yes
8 0
2 CFR Part 200 or Federal Provision - Contracts
Contracts for more than the simplified acquisition threshold currently set at $250,000 (2 CFR § 200.320), which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserve all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

Does vendor agree?
Yes, Vendor agrees
8 1
2 CFR Part 200 or Federal Provision - Termination
Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserve the right to terminate any agreement in excess of $10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity and up to 30 days, to cure the causal breach of terms and conditions. ESC Region 8 and TIPS Members reserve the right to terminate any agreement in excess of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded vendor. The Vendor would be compensated for work performed and goods procured as of the termination date if for convenience of the ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive and the ESC Region 8 and TIPS reserves the right to purchase goods and services from other vendors when it is in the best interest of the ESC Region 8 and TIPS.

Does vendor agree?
Yes, Vendor agrees
Vendor: Precision Concrete Cutting 230602

Page 26 of 34 ends

ATTACHMENT D
ITEM 8
8 2
2 CFR Part 200 or Federal Provision - Clean Air Act
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members require that the proposer certify that during the term of an award by the ESC Region 8 and TIPS Members resulting from this procurement process the vendor agrees to comply with all of the above regulations, including all of the terms listed and referenced therein.

Does vendor agree?
Yes, Vendor agrees
8 3
2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.

Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members require the proposer certify that during the term and during the life of any contract with ESC Region 8 and TIPS Members resulting from this procurement p rocess the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352).

Does Vendor agree?

Yes, Vendor agrees
Vendor: Precision Concrete Cutting 230602

Page 27 of 34 ends

ATTACHMENT D
ITEM 8
8 4
2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment - Continued Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly.

Does Vendor certify that it has NOT lobbied as described herein? Yes, Vendor certifies - NO Reportable Lobbying
8 5
2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment - Continued If you answered "No, Vendor does not certify - Lobbying to Report" to the above attribute question, you must download, read, execute, and upload the attachment entitled "Disclosure of Lobbying Activities - Standard Form - LLL", as instructed, to report the lobbying activities you performed or paid others to perform. 8 6
2 CFR Part 200 or Federal Provision - Federal Rule
Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000)
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of amounts in excess of $250,000, the vendor will be in compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).

Does vendor certify compliance?
Yes, Vendor certifies
Vendor: Precision Concrete Cutting 230602

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ATTACHMENT D
ITEM 8
8 7
2 CFR Part 200 or Federal Provision - Procurement of Recovered Materials A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

Does vendor certify that it is in compliance with these provisions? Yes, Vendor certifies
8 8
2 CFR Part 200 or Federal Provision - Rights to Inventions If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Pursuant to the above, when the foregoing applies to ESC Region 8 and TIPS Members, Vendor certifies that during the term of an award resulting from this procurement process, Vendor agrees to comply with all applicable requirements as referenced in the Federal rule above.

Does vendor certify?
Yes, Vendor certifies
Vendor: Precision Concrete Cutting 230602

Page 29 of 34 ends

ATTACHMENT D
ITEM 8
8 9
2 CFR Part 200 or Federal Provision - Domestic Preferences for Procurements and Compliance with Buy America Provisions
As appropriate and to the extent consistent with law, TIPS Member Customers, to the greatest extent practicable under a Federal award, may provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). Vendor agrees that the requirements of this section will be included in all subawards including all contracts and purchase orders for work or products under this award, to the greatest extent practicable under a Federal award. For purposes of 2 CFR Part 200.322, “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stag through the application of coatings, occurred in the United States. Moreover, for purposes of 2 CFR Part 200.322, “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and polymer-based products such as polyvinyl chloride pipe, aggregates such as concrete, glass, including optical fiber, and lumber.

Vendor certifies that it is in compliance with all applicable provisions of the Buy America Act. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. For purposes of 2 CFR Part 200.322,

“Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

“Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that to the greatest extent practicable Vendor will provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).

Does Vendor Certify?
Yes, Vendor certifies
9 0
2 CFR Part 200 or Federal Provision - Ban on Foreign Telecommunications ESC 8 and TIPS Members are prohibited from obligating or expending Federal financial assistance, to include loan or grant funds, to: (1) procure or obtain, (2) extend or renew a contract to procure or obtain, or (3) enter into a contract (or extend or renew a contract) to procure or obtain, equipment, services, or systems that use “covered telecommunications” equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. “Covered telecommunications” equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), and physical security surveillance of critical infrastructure and other national security purposes, and video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes detailed in 2 CFR § 200.216.

Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that Vendor will not purchase equipment, services, or systems that use “covered telecommunications”, as defined by 2 CFR §200.216 equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Does vendor certify?
Yes, Vendor certifies
Vendor: Precision Concrete Cutting 230602

Page 30 of 34 ends

ATTACHMENT D
ITEM 8
9 1
2 CFR Part 200 or Federal Provision - Contract Cost & Price For contracts more than the simplified acquisition threshold currently set at $250,000, a TIPS Member may, in very rare circumstances, be required to negotiate profit as a separate element of the price pursuant to 2 C.F.R. 200.324(b). Under those circumstances, Vendor agrees to provide information and negotiate with the TIPS Member regarding profit as a separate element of the price. However, Vendor certifies that the total price charged by the Vendor shall not exceed the Vendor’s TIPS pricing and pricing terms proposed.

Does Vendor certify?
Yes, Vendor certifies
9 2
2 CFR Part 200 or Federal Provision - Equal Employment Opportunity Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members on any federally assisted construction contract, the equal
opportunity clause is incorporated by reference here.

Does Vendor Certify?
Yes, Vendor certifies
9 3
2 CFR Part 200 or Federal Provision - Davis Bacon Act Compliance Texas Statute requires compliance with Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non- Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

Pursuant to state and federal requirements , Vendor certifies that it will be in compliance with all applicable Davis-Bacon Act provisions if/when applicable.

Does Vendor certify?
Yes, Vendor certifies
Vendor: Precision Concrete Cutting 230602

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ATTACHMENT D
ITEM 8
9 4
2 CFR Part 200 or Federal Provision - Contract Work Hours and Safety Standards Where applicable, all contracts awarded by ESC 8 and TIPS Members in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.

The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that during the term of an award for all contracts resulting from this procurement process, Vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act.

Does Vendor certify?
Yes, Vendor certifies
9 5
2 CFR Part 200 or Federal Provision - FEMA Fund Certification & Certification of Access to Records If and when Vendor accepts a TIPS purchase paid for in full or part with FEMA funds, Vendor certifies that:
(1) Vendor agrees to provide the TIPS Member, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to and rights to reproduce any books, documents, papers, and records of the Contractor which are directly pertinent to this contract, or any contract resulting from this procurement, for the purposes of making audits, examinations, excerpts, and transcriptions. This right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. Vendor agrees to provide the FEMA Administrator or an authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Vendor acknowledges and agrees that no language in this contract or the contract with the TIPS Member is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. (2) The Vendor shall not use the Department of Homeland Security’s seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. (3) The Vendor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
(4) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. (5) The Vendor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Vendor’s actions pertaining to this contract.

Does Vendor certify?
Yes, Vendor certifies
9 6
2 CFR Part 200 or Federal Provision - Certification of Compliance with the Energy Policy and Conservation Act
When appropriate and to the extent consistent with the law, Vendor certifies that it will comply with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq; 49 C.F.R. Part 18) and any state mandatory standards and policies relating to energy efficiency which are contained in applicable state energy conservation plans issued in compliance with the Act.

Does Vendor certify?
Yes, Vendor certifies
Vendor: Precision Concrete Cutting 230602

Page 32 of 34 ends

ATTACHMENT D
ITEM 8
9 7
2 CFR Part 200 or Federal Provision - Certification of Compliance with Never Contract with the Enemy Where applicable, all contracts awarded by ESC 8 and TIPS Members in excess of $50,000.00, within the period of performance, and which are performed outside of the United States, including U.S. territories, are subject to the regulations implementing Never Contract with the Enemy in 2 CFR part 183. Per 2 CFR part 183, in the situation specified, ESC 8 and TIPS Members shall terminate any contract or agreement resulting from this procurement which violates the Never Contract with the Enemy regulation in 2 CFR part 183, including if Vendor is actively opposing the United States or coalition forces involved in a contingency operation in which members of the the Armed Forces are actively engaged in hostilities. Vendor certifies that it is neither an excluded entity under the System for Award Management (SAM) nor Federal Awardee Performance and Integrity Information System (FAPIIS) for any contract terminated due to Never Contract with the Enemy as a Termination for Material Failure to Comply.

Does Vendor certify?
Yes, Vendor certifies
9 8
2 CFR Part 200 or Federal Provision - Certification of Compliance with EPA Regulations For contracts resulting from this procurement, in excess of $100,000.00 and paid for with federal funds, Vendor certifies that Vendor will comply with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389
and Environmental Protection Agency Regulation, 40 CFR Part

15. Does Vendor certify?
Yes, Vendor certifies
9 9
2 CFR Part 200 or Federal Provision - Record Retention Requirements For contracts resulting from this procurement, paid for by ESC 8 or TIPS Members with federal funds, Vendor certifies that Vendor will comply with the record retention requirements detailed in 2 CFR § 200.334. Vendor certifies that Vendor will retain all records as required by 2 CFR § 200.334 for a period of three years after final expenditure or financial reports, as applicable, and all other pending matters are closed.

Does Vendor certify?
Yes, Vendor certifies
1 0
0 2 CFR Part 200 or Federal Provision - Subcontracting and Affirmative Steps for Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms.

Do you ever anticipate the possibility of subcontracting any of your work under this award if you are successful? If you respond "Yes", you must respond to the following attribute question accurately. If you respond "No", you may skip the following attribute question.

NO
Vendor: Precision Concrete Cutting 230602

Page 33 of 34 ends

ATTACHMENT D
ITEM 8
1 0
1 2 CFR Part 200 or Federal Provision - If "Yes" Response to Above Attribute - Continued - Subcontracting and Affirmative Steps for Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms.

Only respond to this question if you responded "Yes" to the attribute question directly above. Skip this question if you responded "No" to the attribute question directly above.

Does Vendor certify that it will follow the following affirmative steps? Federal Regulation 2 CFR §200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (a)The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce ; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1) through (5) of this section.

Does Vendor certify?
No response
1 0
2 ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY
By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers.

Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s).

Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation.

Vendor: Precision Concrete Cutting 230602

Page 34 of 34 ends

ATTACHMENT D
ITEM 8

ATTACHMENT D
ITEM 8
ITEM 8
Executive Proposal
The information in this summary is confidential and proprietary. It is owned by Precision Concrete Cutting and is to be used only in evaluating this project.

This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

Presented to :

THE WATERFRONT- COMMERCIAL
C i t y o f C e r e s
S i d e w a l k a s s e s s m e n t & R e p a i r 2 0 2 4 . 2 5 The information in this summary is confidential and proprietary. This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

PRECISION CONCRETE

CUTTING
335 Beach Road
Burlingame, CA 94010
Executive Proposal

ATTACHMENT E
ITEM 8
Executive Proposal
The information in this summary is confidential and proprietary. It is owned by Precision Concrete Cutting and is to be used only in evaluating this project.

This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

Precision Concrete Cutting is the global leader in Sidewalk Asset Management. We have numerous Franchises across North America and Canada. PCC has been awarded six patents by the US Patent & Trademark Office for our trip hazard removal equipment and unique process. Our company has worked for Municipal Governments in 48 of the 50 US States and all but two Provinces in Canada. PCC assesses hundreds of miles of sidewalk infrastructure every week and we have developed a premier Smartphone Surveying
Technology which provides our clients the insight and knowledge they need to make well-informed and knowledgeable decisions about repairing their uneven sidewalk panels.

The Precision Concrete Cutting located in Northern California is independently owned and operated. We are the nation’s leader and have been making sidewalks safe since 2003. With two locations throughout the Northern part of the state, we are the largest Franchise out of almost 50 Franchises. We work with numerous municipalities and thousands of Commercial, HOA, Schools, and Apartment properties. The PCC Management team has a combined trade experience of over 35 years in total. Based in Burlingame, California with another office in the Sacramento area, we are the local experts in Sidewalk Asset Management and our specialty is in complex projects with high pedestrian travel areas.

U.S. Pat. No. 6,827,074
U.S. Pat. No. 7,000,606
U.S. Pat. No. 6,896,604
U.S. Pat. No. 7,201,644
U.S. Pat. No. 7,402,095
Executive Proposal
Who WE ARE

ATTACHMENT E
ITEM 8
Executive Proposal
The information in this summary is confidential and proprietary. It is owned by Precision Concrete Cutting and is to be used only in evaluating this project.

This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

PROJECT SCOPE & AREA
The information in this summary is confidential and proprietary. This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

Executive Proposal
Scope and Specifications:
• Perform assessment of sidewalks, curb, gutter and pedestrian ramp • Identify lifted sidewalks .25- 2”
• Identify locations for concrete removal and replacement • Photographs of each location
• Provide GIS and Excel report
• Repair recommendations and quantities

ATTACHMENT E
ITEM 8
+123-456-7890
[email protected]
Assessment Findings
This sidewalk assessment identified the following :
• Lifted sidewalk panels to be repaired by saw-cutting: 1,871 • Removal & Replacement (R&R) : 379 locations
• 36,128 SQFT Sidewalks
• 1,121 LF Curb and Gutter
• Miscellaneous Repairs (ATTN): 754

ATTACHMENT E
ITEM 8
+123-456-7890
[email protected]
Lifts & Displacements
Metrics
• Sidewalk Miles 25.54 miles
• Number of addresses in of repair: 670
• Number of Repairs: 1,871 lifts
• Repair Cost: $242,623.52
• Cost per Sidewalk Mile $9,500
• Cost per Address $362
• Cost per Repair $129.68

ATTACHMENT E
ITEM 8
+123-456-7890
[email protected]
Remove & Replace
Metrics
• Sidewalk Miles 25.54
• 288 addresses
• 379 R&Rs
• 36,128.50 SqFt – Sidewalks
• 1,121 LF – Curb & Gutter
• Repair Cost: $951,159
• Cost per Sidewalk Mile $37,241.93
• Cost per Address $3,302.64
• Sidewalk Cost per SqFt $24
• Curb & Gutter LF $75

ATTACHMENT E
ITEM 8
+123-456-7890
[email protected]
Miscellaneous Repairs

(ATTN)

ATTACHMENT E
ITEM 8
Executive Proposal
The information in this summary is confidential and proprietary. It is owned by Precision Concrete Cutting and is to be used only in evaluating this project.

This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

Pedestrian Ramps
The information in this summary is confidential and proprietary. This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

Post Project report
Estimated Repair Cost:
• $1,760,000
• $8,000 per location

ATTACHMENT E
ITEM 8
Executive Proposal
The information in this summary is confidential and proprietary. It is owned by Precision Concrete Cutting and is to be used only in evaluating this project.

This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

City of Ceres SITE PHOTOS (lift)
The information in this summary is confidential and proprietary. This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

Executive Proposal

ATTACHMENT E
ITEM 8
Executive Proposal
The information in this summary is confidential and proprietary. It is owned by Precision Concrete Cutting and is to be used only in evaluating this project.

This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

Executive Proposal

ATTACHMENT E
ITEM 8
Executive Proposal
The information in this summary is confidential and proprietary. It is owned by Precision Concrete Cutting and is to be used only in evaluating this project.

This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

City of Ceres SITE PHOTOS (remov al & replacement) The information in this summary is confidential and proprietary. This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

Executive Proposal

ATTACHMENT E
ITEM 8
Executive Proposal
The information in this summary is confidential and proprietary. It is owned by Precision Concrete Cutting and is to be used only in evaluating this project.

This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

Executive Proposal

ATTACHMENT E
ITEM 8
Executive Proposal
The information in this summary is confidential and proprietary. It is owned by Precision Concrete Cutting and is to be used only in evaluating this project.

This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

City of Ceres SITE PHOTOS (R&R)
The information in this summary is confidential and proprietary. This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

Executive Proposal

ATTACHMENT E
ITEM 8
Executive Proposal
The information in this summary is confidential and proprietary. It is owned by Precision Concrete Cutting and is to be used only in evaluating this project.

This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

City of Ceres SITE PHOTOS (ATTN)
The information in this summary is confidential and proprietary. This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

Executive Proposal

ATTACHMENT E
ITEM 8
Executive Proposal
The information in this summary is confidential and proprietary. It is owned by Precision Concrete Cutting and is to be used only in evaluating this project.

This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

City of Ceres SITE PHOTOS (Curb)
The information in this summary is confidential and proprietary. This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

Executive Proposal

ATTACHMENT E
ITEM 8
Executive Proposal
The information in this summary is confidential and proprietary. It is owned by Precision Concrete Cutting and is to be used only in evaluating this project.

This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

Next Steps – PCC Lift & Displacement Repairs
The information in this summary is confidential and proprietary. This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

Executive Proposal
PCC can repair all lifts or specific locations that the city chooses.

Below are a couple of examples:

A. all lifts: $242,623.52
B. sidewalks path of travel: $78,529.88

ATTACHMENT E
ITEM 8
Executive Proposal
The information in this summary is confidential and proprietary. It is owned by Precision Concrete Cutting and is to be used only in evaluating this project.

This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

PCC Repairs Patch and Caulking
The information in this summary is confidential and proprietary. This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

Post Project report
• Repair Spalls and Holes 5-12”
• Repair Gaps 5-9”
• Remove lose debris, clean out
• Patch using Elephant Armor

ATTACHMENT E
ITEM 8
Executive Proposal
The information in this summary is confidential and proprietary. It is owned by Precision Concrete Cutting and is to be used only in evaluating this project.

This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

OUR PROMISE TO YOU…

Precision Concrete Cutting uses Proprietary and Patented Cutting Technology to repair trip hazards.

Our work is GUARANTEED to offer the following benefits:
• Cost Savings – Remove trip hazards at a fraction of the cost of other methods. • ADA Compliance – Approved and compliant with ADA standards. • Mapping Services - GPS mapping integrated with Google maps. • Clean – No mess left behind. Reduced resident complaints. • Safety – Decrease liability on your pedestrian walkways and increase safety. • Detailed Reporting – Invoices show measurements, locations, and cost for each hazard. • Low Impact – Average removal time is less than 20 minutes, no sidewalk closures or incidental costs. • Full-Service Contractor – Sidewalk Maintenance Program consulting services.

The information in this summary is confidential and proprietary. This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

Executive Proposal
The information in this summary is confidential and proprietary. This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances.

ATTACHMENT E
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: November 25, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael R. Beltran II, P.E., City Engineer
Michael.Beltran @ci.ceres.ca.us, (209) 538-5775
SUBJECT:

Resolution No. 202 4-XXX, Approving a Professional Services Agreement with Kleinfelder Incorporated for a Non-Federal Project for Geotechnical Services of the Downtown Revitalization Project and Authorizing the City Manager to Execute the Agreement RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the Professional Services Agreement for Consulting Services between the City of Ceres and Kleinfelder Incorporated, for their professional consulting services on the Downtown Revitalization Project and Authorizing the City Manager to Execute the Contract.

I. BACKGROUND:

The E
ngineering Department utilizes consulting engineers when specialized engineering services area needed for Capital Improvement Projects and development projects in the City.

II. RE
ASONS FOR RECOMMENDATION:

Geot
echnical exploration and testing are required to ensure successful outcomes on civil improvement projects. This optimizes and enhances the overall performance and longevity of infrastructure. The City received two proposals for which Kleinfelder Incorporated submitted a proposal suitable proposal at the lowest cost for a n amount of $33,500.00, as shown in Attachment B.

III. FISCAL IMPACTS:

Funds for the said service will be from 27195.800500 (2528).

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first goal of the Strategic Plan:

ITEM 9
1) Infrastructure: Ensure that the community has adequate, well -maintained infrastructure that fosters a quality community and supports a strong economy.

V. POLICY ALTERNATIVES:

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

VI. INTERDEPARTMENTAL COORDINATION:

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

VII. PUBLIC PARTICIPATION:

There are no committee s or public participation events needed or anti cipate for this project.

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

Execute the task order to Kleinfelder Incorporated for Geotechnical Services of the Downtown Revitalization Project.

Approved by: ____________________
Douglas D Dunford,
City Manager

Attachments:

1. Attachment A - Resolution

2. Attachment B - Kleinfelder Project Agreement
ITEM 9

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH

KLEINFELDER INCORPORATED FOR A NON-FEDERAL PROJECT

FOR GEOTECHNICAL SERVICES OF THE DOWNTOWN

REVITALIZATION PROJECT AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, Professional Geotechnical Exploration and Testing are required for proper design and roadway repair associated with the Downtown Revitalization Project; and

WHEREAS, the City received two proposals for Geotechnical exploration and testing services; and

WHEREAS, a review of the proposal from Kleinfelder Incorporated staff concluded that the proposal was suitable for the services needed and was the lowest cost in the amount of $33,500.00; and

WHEREAS, professional geotechnical exploration and t esting services for Downtown Re vitalization Project will be funded by account number 27195.800500 (2528).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a professional services agreement with Kleinfelder Incorporated for a non- federal project for geotechnical services of the Downtown Re vitalization Project 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 25th day of November 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
1 CITY OF CERES

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into by and between the City of Ceres, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 2220 Magnolia Street, Ceres, California 95307 (“City”), and Kleinfelder, Inc., a California corporation with its principal place of business at 770 First Avenue, Suite 400, San Diego, CA 92101 (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 is in need of professional services for the following project:

Downtown Revitalization Project (hereinafter referred to as “the Project”).

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. Consultant is a licensed design professional. 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 o f $33,500.00 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 manner: a letter outlining the changes shall be forwarded to the Cit y by Consultant with a ITEM 9

2 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.

8. Standard of Care
ITEM 9

3 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 sim ilar 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 s hall 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
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract ITEM 9

4 (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 provision s 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 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.

ITEM 9

5 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 Consu ltant 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 provid ed 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 insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
ITEM 9

6 (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 pol icy 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 Consul tant 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 ins urance 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.
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 ITEM 9

7 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 coverag e. 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, 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 volunte ers 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, ITEM 9

8 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 Departm ent 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
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 note s, drawings and specifications, written reports and other documents produced or developed for that portion of the ITEM 9

9 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 th rough 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 Nathan Strid 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: DIRECTOR OF ENGINEERING
CONSULTANT:

Kleinfelder, Inc.
3649 West Holland Ave. Suite 105
Fresno, CA 93722
Attn: Nathan Strid

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.

ITEM 9

10 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 resp ect 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 n ot 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
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 ITEM 9

11 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 vi olation 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 i nterest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

ITEM 9

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

ITEM 9
LOCALMKT.WEOH/FRE24P173879_R1 Page 1 of 5 October 22, 2024 © 2024 Kleinfelder Revised October 29, 2024

KLEINFELDER 3649 W. Holland Ave. Suite 105, Fresno, CA 93722 p| 559.486.0750 f| 559.442.5081

October 22, 2024
Revised October 29, 2024
Kleinfelder Project No.: LOCALMKT.WEOH

Mr. Eric Soito
City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Phone: (209) 538-5792
Email: [email protected]

SUBJECT: Proposal for the Geotechnical Engineering Investigation Rehabilitation of Downtown Streets
Between North St. to Park St. and 3rd St. to 5th St.

Ceres, California.

Dear Mr. Soito:

Kleinfelder is pleased to present this proposal and cost estimate to perform geotechnical engineering services for the proposed rehabilitation of downtown streets between North St, and Park St, and between 3rd St. and 5th St. (project limits) in Ceres, California.

Kleinfelder appreciates the opportunity to work with the City of Ceres. and is committed to providing quality service to its clients, commensurate with their requirements and desired level of risk. If a portion of this proposal does not meet your needs, or if those needs change, Kleinfelder will consider appropriate modifications, subject to the standards of care to which we adhere as professionals.

Modifications such as changes in scope, methodology, scheduling, and contract terms may result in changes to the risks you assume, as well as adjustments to our fees.

GENERAL INFORMATION

Kleinfelder’s understanding of the project is based on correspondence with Mr. Eric Soito of the City of Ceres. Kleinfelder understands that the city is planned to rehabilitate the roadways within the project limits utilizing Full Depth Reclamation with cement (FDR-C) and hot mix asphalt pavement (HMA). The city is requesting geotechnical investigation services to include coring/boring explorations, measure the concrete and HMA pavement structural sections, collect samples of the asphalt, aggregate base, and subgrade to provide a recommended pavement structural sections and specifications using Full Depth Reclamation (FDR-C) of the existing pavement section and paving with HMA.

ITEM 9
LOCALMKT.WEOH/FRE24P173879_R1 Page 2 of 5 October 22, 2024 © 2024 Kleinfelder Revised October 29, 2024

KLEINFELDER 3649 W. Holland Ave. Suite 105, Fresno, CA 93722 p| 559.486.0750 f| 559.442.5081

GEOTECHNICAL SCOPE OF SERVICES

Pre-field Exploration Activities

Kleinfelder will obtain an encroachment permit through the City of Ceres; it is assumed fees associated with this permit will be waived. It has been assumed that no drilling or Caltrans Encroachment permits will be required for this work. Traffic control services including the provision of a traffic control plan will be retained by Kleinfelder to perform investigation of the subject roadways. Kleinfelder will mark the exploration sites with white paint and notify Underground Service Alert (USA) of the planned field exploration program approximately 72 hours in advance of drilling the proposed borings. A private utility locator will also be contracted to scan the exploration locations. In addition, Kleinfelder will retain the services of traffic control subcontractor and a California licensed drilling subcontractor to perform the exploratory borings utilizing hollow stem auger techniques.

Field Exploration

Kleinfelder proposes to explore the subsurface conditions conducting eight (8) borings to a maximum depth of 5 feet below ground surface with a truck mounted drill rig using hollow stem auger techniques through the existing asphalt. The drilling subcontractor intends to drill through the existing pavements using aggressive tooling “bulldog bit”. Due to existing concrete on 5th St. and possible concrete along Lawrence St., Kleinfelder proposes four (4) concrete cores should the aggressive bit be unsuccessful at penetrating the concrete. The borings will be distributed as follows: two (2) on North Street, three (3) on 5th Street, two (2) on Lawrence Street, and one(1) on 3rd Street, totaling eight (8) borings.

The existing pavement structural section will be measured and recorded. An engineer from Kleinfelder will maintain logs of the subsurface conditions and obtain samples for visual observation, classification, and laboratory testing. Upon completion, the borings will be backfilled with soil cuttings and the pavement structural section replaced with asphalt cold patch or concrete to match the existing pavement.

Laboratory Tests

Laboratory testing will be performed on selected samples to evaluate the maximum density/optimum moisture relationships, and the unconfined compressive strengths of cement treated subgrade soil/aggregate blends. Tests will be performed on the subgrade soil/aggregate blends at 4, 5, and 6 percent Portland cement by dry weight. Three (3) unconfined compressive strengths will be performed at each percentage of cement additive for a total of nine (9) tests per subgrade soil/aggregate blend sample.

Report Preparation

Results of the field exploration and laboratory testing will be summarized in a letter prepared under the direction of our registered geotechnical engineer. The report will include the following:

• A description of the investigation, including a site plan showing the locations of the exploration points for this study.
• A description of the site surface and subsurface conditions encountered during our field investigation, including boring logs.

ITEM 9
LOCALMKT.WEOH/FRE24P173879_R1 Page 3 of 5 October 22, 2024 © 2024 Kleinfelder Revised October 29, 2024

KLEINFELDER 3649 W. Holland Ave. Suite 105, Fresno, CA 93722 p| 559.486.0750 f| 559.442.5081 • A summary of the field exploration and laboratory testing programs. • A summary of the existing pavement structural sections. • A summary of the laboratory test results including a table of the unconfined compressive strength tests for the FDR mix design.
• Recommended minimum cement content by dry weight based on the results of the unconfined compressive strength tests and target design compressive strength. • FDR-C construction specifications.

Kleinfelder will perform its services in a manner consistent with the standards of care and skill ordinarily exercised by members of the profession practicing under similar conditions in the geographic vicinity and at the time the services will be performed. No warranty or guarantee, express or implied, is intended or provided.

FEES AND PERFORMANCE SCHEDULE

For the geotechnical scope of work outlined above, Kleinfelder will charge on a time and materials basis an estimated fee not to exceed $33,500. The fee assumes the field work will be performed during daylight hours between 7AM and 4 PM. Additional fees will apply if night work is required by the encroachment permit. Note: Kleinfelder reserves the right to increase rates on an annual basis.

Kleinfelder anticipates scheduling and completing the fieldwork within approximately 2 to 3 weeks of your notice to proceed, depending on the availability of the drilling subcontractor, traffic control plan preparation, and receipt of the approved encroachment permit. We anticipate completing the laboratory testing within approximately 3 weeks after the completion of the field work. A engineering letter/report will be submitted within 2 weeks after receipt of lab test results.

The fee estimate includes prevailing wage rate for traffic control personnel, drillers, driller helpers, and the field professionals. If in the preparation of this proposal or during the project, it is determined that prevailing wage is not required for field professionals due to the passage of AB 1768, Kleinfelder will submit a revised proposal with regular wages.

PREVAILING WAGE PROJECT

The California Prevailing Wage Law requires payment of a local “prevailing wage” to workers on publicly funded projects. This includes projects “paid for in whole or in part out of public funds” and has been expanded to include various types of payments, credits, and monetary equivalents provided by the State or public entity.

Since the passage of AB1768, where the definition of covered work was expanded to include all preconstruction work, including design, site assessment, feasibility studies, and land surveying, prevailing wage coverage has extended to certain activities performed by geotechnical engineering consultants, and soils/material testing and building inspection personnel. This law significantly increases employee wages for qualified activities on publicly funded projects.

It is our understanding that this project does fall under the definition of a prevailing wage project.

ITEM 9
LOCALMKT.WEOH/FRE24P173879_R1 Page 4 of 5 October 22, 2024 © 2024 Kleinfelder Revised October 29, 2024

KLEINFELDER 3649 W. Holland Ave. Suite 105, Fresno, CA 93722 p| 559.486.0750 f| 559.442.5081 This proposed scope of work contains activities covered under prevailing wage determination NC-63-3- 9-2023-1. If at any time during the term of this contract any other categories of work are determined by the DIR to require payment of prevailing wage, prevailing wage rates will be charged, including retroactively, for the newly covered scope items.

Prevailing wage billing rates will increase according to the predetermined schedule included in determination NC-63-3-9-2023-1. If an employee’s non-prevailing wage billing rate is higher than the prevailing wage billing rate, the employee’s non-prevailing wage billing rate will be charged. Travel time will be charged, including at the prevailing wage rate, as required per the wage determination and the Public Works Manual Section 4.1.5.

AUTHORIZATION

If there is a need for any change in the scope of work or schedule described in the proposal, please call us immediately. Changes may require revision of the proposed fee, which will be communicated to you upon assessment of the requested changes' effect on the fee.

Our work will be performed in accordance with terms and conditions in a mutually agreeable Professional Services Agreement between City of Ceres and Kleinfelder.

LIMITATIONS

Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder’s profession practicing in the same locality, under similar conditions and at the date the services are provided. Our conclusions, opinions and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided.

The client should be aware that penetrating the site's surface is inherently risky. It is impossible to determine with certainty the precise location of all structures that may be buried in the ground.

Kleinfelder's fee is not adequate to compensate for both the performance of the services and the assumption of risk of damage to such structures. Disruption or damage to unidentified utilities or underground structures will be repaired if appropriate. Services rendered by Kleinfelder for repairs will be billed at cost.

During the performance of Kleinfelder's services, hazardous materials may be discovered. Kleinfelder will assume no responsibility or liability whatsoever for any claim, loss of property value, damage, or injury that results from pre-existing hazardous materials being encountered or present on the project site, or from the discovery of such hazardous materials. In the event potentially hazardous materials are identified visually or by odor within our exploratory borings, such explorations would be immediately terminated, and arrangements will be made to backfill with cement grout. We will notify you as soon as possible of such an occurrence to mutually decide whether to continue, modify, or cease the remainder of the field exploration program. All costs incurred because of encountering suspected hazardous materials would be charged on a time-and-expense basis over and above the estimated fee for the geologic hazards assessment.

ITEM 9
LOCALMKT.WEOH/FRE24P173879_R1 Page 5 of 5 October 22, 2024 © 2024 Kleinfelder Revised October 29, 2024

KLEINFELDER 3649 W. Holland Ave. Suite 105, Fresno, CA 93722 p| 559.486.0750 f| 559.442.5081 Nothing contained in this proposal should be construed or interpreted as requiring Kleinfelder to assume the status of an owner, operator, generator, or person who arranges for disposal, transport, storage, or treatment of hazardous materials within the meaning of any governmental statute, regulation, or order. The client will be solely responsible for notifying all governmental agencies, and the public at large, of the existence, release, treatment, or disposal of any hazardous materials observed at the project site, either before or during performance of Kleinfelder's services. The client will be responsible for all arrangements to lawfully store, treat, recycle, dispose, or otherwise handle hazardous materials, including cuttings and samples resulting from Kleinfelder's services.

Kleinfelder work scope includes the services, borings, laboratory tests, and reporting described herein.

Any other services, engineering recommendations, borings and testing not described are excluded. If additional services are requested, they can be provided upon written approval and all costs incurred will be invoiced on a time and materials basis in accordance with the fee schedule or supplemental proposal.

The safety of our employees is of paramount concern to Kleinfelder. You will be notified if the location of your project represents a potential safety concern to our employees. Unsafe conditions for fieldwork will require a modification of our estimated scope of work and associated fees. We will advise you of the additional costs necessary to mitigate these unanticipated conditions, if applicable.

This proposal is valid for a period of 6 months. This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without Kleinfelder’s express permission.

CLOSING

Kleinfelder appreciates the opportunity to continue to serve as geotechnical consultants for City of Ceres and appreciate your consideration of our firm. If you have any questions concerning our proposal or require additional information, please call.

Respectfully submitted,

KLEINFELDER, INC.

Nathan Strid, PE Exequiel Sinco, PE, GE
Project Manager I Principal Geotechnical Engineer

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: November 25, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Delilah Vasquez, Director of Human Resources
[email protected], (209) 538-5772
SUBJECT: Resolution No. 202 4-XXX, Approving the Part -Time (Non-Regular) Employee Hourly Pay Rate Schedule , Effective in the Pay Period Beginning December 22, 2024
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve a resolution approving the Part-Time (Non-Regular) Employee Hourly Pay Rate Schedule effective in the Pay Period Beginning December 22, 2024.

I. BACKGROUND:

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

The minimum wage in California, effective January 1, 202 5, is $16. 50/hour for all employers with 26 employees or more. The minimum wage is adjusted annually for inflation based on the national consumer price index for urban wage earners and clerical workers. The City is subject to both the federal and state minimum wage laws. The current Hourly Pay Rate Schedule for one of our Recreation positions is below the current minimum wage law and requires an immediate adjustment.

II. REASONS FOR RECOMMENDATION:

The Recreation Leader (Rate 1) is set at $0.25 above minimum wage; the pay for Senior Recreation Leader and Events/Facilities Specialist are set with appropriate separation based on comparison of other agencies. These positions do not receive the cost-of-living increases negotiated for our represented classifications.

Implementation of the recommended revisions will align with federal and state laws, increase opportunities, provide more flexibility in offering a competitive salary to highly qualified candidates and assist in managing overtime costs. Hiring Reserve Public Safety ITEM 10
Dispatchers and Reserve Police Officers will also reduce the risk of burn- out of our full- time employees who can be mandated to work additional shifts when staffing shortages arise.

III. FISCAL IMPACTS:

For Fiscal Year 2024 /2025, cost will be covered by existing appropriations in the Recreations and Police Department Budget. The Departments will include costs for future years in its annual budget.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

Council may reject all or part of the proposed recommendations.

VI. INTERDEPARTMENTAL COORDINATION:

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

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon approval, Staff will update the pay rate schedule and make pay rate adjustments for any current eligible employees to be effective in the Pay Period beginning December 22, 2024.

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

1. Attachment A – Resolution

2. Attachment B – Recommended Hourly Pay Rate Schedule

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

ATTACHMENT A
RESOLUTION NO. 2024-XXX

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

PAY RATE SCHEDULE, EFFECTIVE IN THE PAY PERIOD BEGINNING DECEMBER 22, 2024

THE CITY COUNCIL
City of Ceres

WHEREAS, the City of Cres provides recreational programs and services to the residents of Ceres; and

WHEREAS, the City of Ceres must hire Recreational Part -Time (Non -Regular) Positions to provide these programs and services; and

WHEREAS, the City of Ceres part-time (non-Regular) positions must be updated to meet federal and state minimum law requirements; and

WHEREAS, the part-time (non-regular) employee hourly pay rate schedule has not been updated to meet current industry changes.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the part -time (non -regular) employee hourly pay rate schedule, effective in the pay period beginning December 22, 2024.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25
th day of November 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

CITY OF CERES
Part-Time (Non-Regular) Employee
Hourly Pay Rate Schedule
Effective December 22, 2024
Recr
eation Rates apply as follows:
• Rate 1;
at hire
• Rate 2; after one year/season of service
• Rate 3; after two years/seasons of service
Reser
ve Public Safety Dispatcher
• Step A: equivalent to Public Safety Dispatcher I (Grade J46) o At hire.
 Eligible for step increase after 1,040 hours.
• Step B: equivalent to Public Safety Dispatcher I (Grade J46) o At least one year of full-time experience as a public safety dispatcher.  Eligible for step increase after 2,080 hours at step B. • Step C: equivalent to Public Safety Dispatcher I (Grade J46) o At least two years of full-time experience as a public safety dispatcher.  Eligible for step increase after 2,080 hours at step C. • Step D: equivalent to Public Safety Dispatcher I (Grade J46) o At least three years of full-time experience as a public safety dispatcher.  Eligible for step increase after 2,080 hours at step D. • Step E: equivalent to Public Safety Dispatcher I (Grade J46) o At least four years of full-time experience as a public safety dispatcher.

Reser
ve Public Safety Dispatcher
(Previous comparable to a Dispatcher I with the City of Ceres) • Step A: equivalent to Public Safety Dispatcher II (Grade J50) RECREATION 2025
Rate 1 Rate 2 Rate 3
Class Instructor $26.29 $27.60 $28.98
Events/Facility Specialist $20.31 $21.33 $22.39
Recreation Leader $16.75 $17.31 $18.17
Senior Recreation Leader $18.63 $19.56 $20.54

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

POLICE DEPARTMENT
Abandoned Vehicle Abatement Officer $21.39 $22.45 $23.58 ITEM 10

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

Reser
ve Police Officer
• Step A: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire.
 Eligible for step increase after 1,040 hours at Step A. • Step B: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire: AND
o At least one year of full-time experience as a sworn peace officer under Section 830.1 PC.
 Eligible for step increase after 2,080 hours at step B. • Step C: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire; AND
o Eligible to possess a Proof of Eligibility (POE) for Intermediate from California Peace Officer Standards and Training under SB 2; AND o At least two years of full-time experience as a sworn peace officer under Section 830.1 PC.
 Eligible for step increase after 2,080 hours at Step C. • Step D: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire; AND
o Eligible to possess a Proof of Eligibility (POE) for Intermediate from California Peace Officer Standards and Training under SB 2; AND o At least three years of full-time experience as a sworn peace officer under Section 830.1 PC.
 Eligible for step increase after 2,080 hours at Step D. • Step E: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire; AND
o Eligible to possess a Proof of Eligibility (POE) for Advanced from California Peace Officer Standards and Training under SB 2; AND o At least four years of full-time experience as a sworn peace officer under Section 830.1 PC.
 Eligible for step increase after 2,080 hours at Step E. • Step F: equivalent to Police Officer (Grade 36U)
ITEM 10

ATTACHMENT B
o Must possess a POST Basic certificate at hire; AND
o Eligible to possess a Proof of Eligibility (POE) for Advanced from California Peace Officer Standards and Training under SB 2; AND o At least five years of full-time experience as a sworn peace officer under Section 830.1 PC.

ITEM 10
ITEM 10

ATTACHMENT C
1 CITY OF CERES
Part-Time (Non-Regular) Employee
Hourly Pay Rate Schedule
Effective August 18, 2024
R
ates apply as follows:
• Rate 1: at hire
• Rate 2: after one year/season of service
• Rate 3: after two years/seasons of service
R
eserve Public Safety Dispatcher
• Step A: equivalent to Public Safety Dispatcher I (Grade J46) o At hire.
 Eligible for step increase after 1,040 hours.
• Step B: equivalent to Public Safety Dispatcher I (Grade J46) o At least one year of full-time experience as a public safety dispatcher.  Eligible for step increase after 2,080 hours at step B. • Step C: equivalent to Public Safety Dispatcher I (Grade J46) o At least two years of full-time experience as a public safety dispatcher.  Eligible for step increase after 2,080 hours at step C. • Step D: equivalent to Public Safety Dispatcher I (Grade J46) o At least three years of full-time experience as a public safety dispatcher.  Eligible for step increase after 2,080 hours at step D. • Step E: equivalent to Public Safety Dispatcher I (Grade J46) o At least four years of full-time experience as a public safety dispatcher.

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

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

POLICE DEPARTMENT
Abandoned Vehicle Abatement Officer $21.39 $22.45 $23.58 ITEM 10

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

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

ITEM 10

COUNCIL AGENDA REPORT

Resolution No. 202 4-XXX, Approving an Agreement with 1st Security & Sound, Inc. to Provide Fire and Security Alarm Services at Various City Facilities , A pproving a Budget Amendment, and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council approve a contract agreement for fire and security alarm services with 1st Security & Sound, Inc. for the amount of $13,014.60.

I. BACKGROUND:

Fire and alarm services are crucial for the City because they safeguard both employees and property. The system helps prevent financial loss from fires, theft, or vandalism by early detection and rapid response. The security system also ensures compliance with safety regulations, protect valuable data, and maintain business continuity.

For years, Al’s Certified provided security and fire alarm monitoring but decided i n July 2024 not to renew their contract due to the City’s upgrade to a card-reader access system on some facilities, which provides stronger security measures. Al’s agreed to continue fire alarm monitoring and security alarm monitoring to buildings which do not operate with card-reader access. The City then entered into a short -term agreement with 1st Security and Sound for basic monthly security alarm monitoring for the other buildings with card- reader access in order to allow staff time to select a vendor who can supply, install, and service all components for a complete fire and security system to meet the City’s needs.

II. REASONS FOR RECOMMENDATION:

Staff advertised a Request for Proposals on September 3, 2024 with bids due October 22, 2024. Of the two (2) bids received, 1
st Security & Sound, Inc. submitted the lowest
responsive and responsible bid in the amount of $10,914.60 annual monitoring services, and upfront equipment cost of $2,100.00 for total amount of $13,014.60.

ITEM 11
III. FISCAL IMPACTS:

Fire and Security Alarm monitoring services were included in FY24/25 budget for an amount of $6,000.00 in account 67941.029900. A budget amendment for a total amount of $7,014.60 is necessary to cover the new contract agreement with 1st Security & Sound, Inc. and funds can be available in account 67941.029900 IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This will help accomplish the Livable Community section of the Strategic Plan to create a vibrant, safe, attractive, and walkable community.

V. POLICY ALTERNATIVES:

The City Council can choose to direct staff to reject the bids and re- bid the project; or reject the bids and eliminate the fire & security services which leaves City facilities vulnerable for vandalism and fire.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Following City Council approval, the City Manager shall execute the service agreement with 1
st Security & Sound, Inc. and the Finance Director shall record the appropriate accounting entries.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – Bid Summary

4. Attachment D – Contract Agreement
ITEM 11

ATTACHMENT A
RESOLUTION NO. 2024-XXX
APPROVING AN AGREEMENT WITH 1ST SECURITY & SOUND, INC.

TO PROVIDE FIRE AND SECURITY ALARM SERVICES AT VARIOUS

CITY FACILITIES, APPROVING A BUDGET AMENDMENT, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres
WHEREAS, City of Ceres has a total of eleven (11) city facilities that require daily monitoring for fire and security alarm after hours; and WHEREAS, For years Al’s Certified has b een providing fire and alarm security monitoring services for the City of Ceres; and
WHEREAS, In July 2024, Al’s Certified decided not to renew their contract due to the City’s upgrade to a card- reader access system on some facilities. The new card- reader system provided stronger security measures for which Al’s Certified could not deliver same technologies; and
WHEREAS, Request for proposals to provide fire and security alarm services at various city facilities was issued on September 3, 2024 with bids due on October 22, 2024. Of the two (2 ) bids received, 1st Security & Sound, Inc. submitted the lowest responsive and responsible bid in the amount of $13,014.60; and WHEREAS, The fire and security alarm services for eleven (11) City facilities were included in FY24/25 budget for an amount of $6,000.00 in account 67941.029900; and WHEREAS, a budget amendment for a total amount of $7,014.60 is necessary to cover new contract agreement with 1st Security & Sound, Inc. for a total amount of $13,014.60, were funds can be available in account 67941.029900.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an agreement with 1st Security & Sound, Inc. to provide fire and security alarm services at various city facilities, approves a budget amendment, and authorizes the City Manager to execute the agreement.

BE I T F URTHER RESOLVED the C ity o f C eres F inance D irector i s h ereby 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 25th day of November 2024, by the following vote:

AYES:

Councilmembers:

NOES Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

ITEM 11

ATTACHMENT A

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 11

ATTACHMENT B

Exhibit "A"
Budget Amendment No.

Fiscal Year 2024 - 2025

Reference Resolution No. 2024- , dated November 25, 2024 Approving a Professional Services Agreement with 1st Security & Sound, Inc. to provide Fire & Alarm Security at Various City Facilities

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Contract Services-Alarm
Monitoring & Services
679 41 029900 $7,014.60

Requested Appropriation $7,014.60
2024 - 2025 Current Appropriation $6,000.00
Total Appropriation $13,014.60

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue $0.00
2024 - 2025 Current Estimated Revenue $0.00
Total Estimated Revenue $0.00

Fiscal Impact: A budget amendment for a requested amount is necessary to cover the new contract agreement with 1st Security & Sound, Inc.

ITEM 11
ITEM 11

ATTACHMENT C

PUBLIC WORKS DEPARMENT
2220 HACKETT ROAD
CERES, CA 95307-3600
(209) 538-5732

Fire and Security Alarm Services
at Various City Facilities

BID SUMMARY

October 22, 2024, 2:00 p.m.

Fire & Alarm Security Company Annual Proposal

1. 1st Security & Sound, Inc.

Annual Service $10,914.60 Upfront Equipment Cost $2,100.00 Total Cost $13,014.60

2. Matson Alarm
Annual Service $9,540.00
Upfront Equipment Cost $38,902.33 Total Cost $48,442.33

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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: November 25, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Sam Royal, Director of Public Works
[email protected], (209)538-5717
SUBJECT: Resolution No. 2024-XXX, Approving Payment to Don Pedro Pump Company for Emergency Repairs Performed at Well 22
RECOMMENDED COUNCIL ACTION:

Staff recommends Council to approve payment to Don Pedro Pump Company for emergency pump repair s performed at Water Well 22, located at 1921 Rockefeller Ave in the amount of $88,761.94.

I. BACKGROUND:

The City of Ceres Water System currently operates 11 groundwater wells located throughout the city capable of producing 9,805 gallons per minute. The wells have an average depth of approximately 333 feet.

Well 22 was drilled in 1983 to a completed depth of 252 feet. Well 22 is currently an active well and is in service. On October 3 rd, 2024, cloudy water was observed throughout the city as a result of air being pumped from Well 22. Don Pedro Pump Company was called to inspect the well for damage. After the well pump was pulled, staff observed the video log of the well and found 90% plugging of the perforations. This resulted in excessive drawdown of the pumping water levels below the first perforations and “falling water” conditions. The construction of the well and its age lend itself to mechanical agitation and acid-based products to clean the perforations.

II. REASONS FOR RECOMMENDATION:

The City Water System is reliant upon its wells and pumping systems, and it is imperative that all wells are operating to their maximum efficiency. With Well 22 being such a critical part of the City’s water system, it was determined that it had to be repaired in a timely manner which constituted this emergency repair. Staff could not afford to wait three (3) to four (4) months for the bidding process, contracts , and approvals to get the work performed. Don Pedro Pump is a locally owned company that provides service to the city under emergency situations as well as continuously being the lowest and most responsible bidder on all well rehabilitation projects.

ITEM 12
III. FISCAL IMPACTS:

The annual well head treatment was programmed in fiscal year FY21/ 22. Funds are available in account No. 52795.800500, project string WTR2113. A total amount of $88,761.94 will be utilized for this emergency repair work performed by Don Pedro Pump Company. See attachment B.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

The recommended action supports the infrastructure section of the strategic plan, “Ensuring the community has adequate, well-maintained infrastructure that fosters a quality community and strong economy”.

V. POLICY ALTERNATIVES:

The alternative to performing the work to this critical piece of Water infrastructure would have been to not perform these repairs in a timely manner and risk low pressures, the lack of fire protection within the area, as well as jeopardize compliance with the State Water Resources Control Board.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon Council Approval, the City Manager shall approve the payment to Don Pedro Pump.

Approved by: ___________________
Doug Dunford,
City Manager

Attachments:

1. Attachment A - Resolution

2. Attachment B - Don Pedro Invoice

3. Attachment C - Don Pedro Well Inspection Report

ITEM 12

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING PAYMENT TO DON PEDRO PUMP COMPANY FOR
EMERGENCY REPAIRS PERFORMED AT WELL 22

THE CITY COUNCIL
City of Ceres

WHEREAS, the City of Ceres drinking water system operates 1 1 groundwater wells; and

WHEREAS, Wells 22 is located at 1921 Rockefeller Avenue, considered to be high production water well in the city water system; and

WHEREAS, On October 3
rd, 2024, cloudy water was observed throughout the city as a result of air being pumped from Well 22; and

WHEREAS, Well 22 being a critical part of the City’s water system, it was imperative the well was rehabilitated immediately; and

WHEREAS, Don Pedro Pump is a locally owned company that provides service to the City under emergency situations as well as continuously being the lowest and most responsible bidder on all well rehabilitation projects, provided an emergency bid proposal for a total cost of $88,761.94; and,

WHEREAS, Although this emergency repair work was unplanned, funding is available in the annual well treatment programmed in FY -21/22 for a total amount of $779,093.00, account 52795.800500, project string WTR2113.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve payment to Don Pedro Pump Company for emergency repairs performed at Well 22.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25
th day of November 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

ATTACHMENT B
ITEM 12

ATTACHMENT B
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ATTACHMENT C
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ATTACHMENT C
ITEM 12

COUNCIL AGENDA REPORT

Resolution No. 2024-XXX, Approving an Agreement with WRT for the Removal, Disposal, a nd Replacement o f the Uranium Treatment Media a t Well 22 and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staf
f recommends Council adopt the resolution approving a n agreement with WRT to remove and replace spent media and dispose of bound uranium waste from City Well 22.

I. BACKGROUND:

Urani
um is a naturally occurring radioactive mineral that is found naturally in some geologic formations. Uranium is a regulated drinking water contaminant. The State of California has adopted a Uranium Maximum Contaminant Level (MCL) of 20 pCi/L.

Historical Uranium concentrations from Well 22 have been at or above the MCL. As a result, Ceres contracted Mobile Process Technologies in 2007 to install the Ion Exchange Uranium Treatment System. The Ion Exchange resin accrues uranium as it is removed from the raw water.

The resin has the potential to become a Low-Level Radioactive Waste (LLRW) if sufficient Uranium accumulates. Spent resin is designated as a LLRW by the Nuclear Regulatory Commission if it has more than 0.05% Uranium concentration by mass (5.0 mg U/g resin).

Well 22, located at 1921 Rockefeller Ave., can produce 1,600 gallons per minute at 60 psi. Water currently produced from Well 22 contains 22- 26 pCi/L of Uranium, the Maximum Contaminant Level for Uranium in Drinking Water is 20 pCi/L. Well 22 water is treated by an Ion Exchange Treatment System with side- stream blending to meet the State Water Resources Control Board Title 22 Drinking Water Standards. This system consistently maintains Uranium concentrations in treated water to less than 16 pCi/L. The ITEM 13
Ion Exchange Treatment System is comprised of five pressure vessels loaded with DOW Dowex 1 strong base anion exchange resin for Uranium removal.

Following prefiltration, the flow is hydraulically split between one of five Ion Exchange pressure vessels that operate in parallel. The vessels have a Fiberglass Reinforced Plastic (FRP) shell with NSF (National Sanitation Foundation) 61 approved liner system.

Each tank has a PVC hub and lateral distributor system and is loaded with 90 cubic feet of Ion Exchange media.

The media in two of the five vessels was replaced in 2016 by Evoqua Water Technologies.

The remaining three (3) vessels need to have their media replaced before uranium levels reach the maximum contaminant levels.

It is necessary to have this material removed and disposed of at an approved site. The material will be placed in steel containers and shipped to a disposal site. A chain of custody will be kept for the material and presented to the State Water Resources Control Board.

II.

REASONS FOR RECOMMENDATION:

Our permit to operate allows the City of Ceres Water System to have 250 lbs. of bound Uranium to be retained within the City of Ceres Water System. Currently, Well 22 has 204.97 lbs. of bound Uranium; as of September 2024 this is 81% of our permit threshold.

The City is currently working towards the removal of 86% of the bound Uranium this year.

Removal and disposal of the Uranium is required to meet State Water Resources Control Board operating permit.

On October 4, 2024, bids were requested from three (3) Local vendors for changing the Uranium media for three (3) vessels at well 22, and only two (2) bids were received. WRT submitted the lowest responsive and responsible bid in the amount of $253,600.00. See attachment B for Bid Summary.

III. F
ISCAL IMPACTS:

The cost to remove and dispose of this material is $2 53,600.00. Funds have been previously allocated and are available in account 52795.800500, project string WTR2113 – Annual Well Head Treatment FY-21.

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

This is in accordance with the first goal of the Strategic Plan to maintain an adequate well- maintained infrastructure.

V. PO LICY ALTERNATIVES:

There are no viable alternatives to proper disposal of this material.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBL IC PARTICIPATION:

ITEM 13
N/A
VIII. ENVIRO NMENTAL REVIEW:

N/A
IX. STEPS FOL LOWING APPROVAL:

Upon Council Approval, the City Manager shall execute the agreement with Evoqua Water Technologies, LLC.

Appr
oved by: ____________________
Douglas D. Dunford,
City Manager
At
tachments:

1. Attachment A – Resolution

2. Attachment
B – Bid Summary

3. Attachment C – Agreement
ITEM 13
ITEM 13

ATTACHMENT A

RESOLUTION NO. 2024-XXX

APPROVING AN AGREEMENT WITH WRT FOR THE REMOVAL,

DISPOSAL, AND REPLACEMENT OF THE URANIUM TREATMENT
MEDIA AT WELL 22 AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, Uranium is a naturally occurring radioactive mineral that is found naturally in some geologic formations, and is a regulated drinking water contaminant; and

WHEREAS, The State of California has adopted a Uranium Maximum Contaminant Level (MCL) of 20 pCi/L; and

WHEREAS, Well 22, located at 1921 Rockefeller Ave. produces 1,600 gallons per minute at 60 psi, it contains 22-26 pCi/L of Uranium, the Maximum Contaminant Level for Uranium in Drinking Water; and

WHEREAS, quotes were requested from three local vendors for changing the Uranium media for three (3) vessels at well 22, two (2) proposals were received; and

WHEREAS, WRT submitted the lowest responsive and re sponsible bid for the removal, disposal and replacement of the Uranium Treatment media f or an amount of $253,600.00; and

WHEREAS, Funds have been previously allocated and are available in account 52795.800500 – Annual Well Head Treatment FY-21.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an agreement with WRT for the removal, disposal, and replacement of the Uranium treatment media at Well 22 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 25
th day of November 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

ITEM 13

ATTACHMENT A

_______________________________
Fallon Martin, City Clerk

ITEM 13

ATTACHMENT B

City of Ceres

BID SUMMARY

JOB BID: Replacement of the Uranium Treatment Media at Well 22 BID DATE: October 4, 2024

BIDS RECEIVED:

COMPANY BID TOTAL
1 Evoqua Water Technologies LLC $294,022.42
2 WRT $253,600.00
3 Mobile Process Technologies Non-Responsive

ITEM 13
ITEM 13

AGREEMENT
FOR

URAINUM REMOVAL, DISPOSAL AND

REPLACEMENT SERVICES
THIS
AGREEMENT is made and entered into in the CITY of Ceres, State of California, this 25 day of November 2024, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and WRT hereinafter referred to as "CONTRACTOR" each individually a “Party” or collectively the “Parties”). There are no other parties to this Agreement.

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

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

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

ATTACHMENT C
ITEM 13

3. LICENSES, PERMITS, FEES, & ASSESSMENTS
CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR’S performance of the services required by this Agreement, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.

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

5. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

ATTACHMENT C
ITEM 13

6. ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the CONTRACTOR, incorporating therein any adjustment in (i) the contract sum, as set forth in Exhibit A, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the CONTRACTOR. Any change in compensation of ten percent (10%) or less of the Contract Sum, or in the time to perform, may be approved by the Contract Officer. Any greater change, taken either separately or cumulatively must be approved by City Council. It is expressly understood by CONTRACTOR that the provisions of this section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. CONTRACTOR hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than CONTRACTOR anticipates and that CONTRACTOR shall not be entitled to additional compensation, therefore.

7. TERM OF AGREEMENT
This is a one (1) year Agreement shall be effective November 25, 2024, and will continue in effect until November 25, 2025, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid the amounts as provided in Exhibit A. The total compensation to CONTRACTOR shall not exceed TWO HUNDRED FIFTY THREE THOUSAND-SIX HUNDRED DOLLARS ($253,600.00) unless the Parties mutually agree in writing

ATTACHMENT C
ITEM 13

otherwise.

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

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

The Contract Officer’s decision shall be final.

12. FORCE MAJEURE
The time period(s) specified in the Schedule of Performance for performance of the work rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.

13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct

ATTACHMENT C
ITEM 13

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

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

15. INTEREST OF CONTRACTOR
CONTRACTOR warrants that he/it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement.

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

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

The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (5) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or

ATTACHMENT C
ITEM 13

necessary during the performance of this Agreement, for CITY or CONTRACTOR to modify the Scope of Services provided for under this Agreement. Any material extension or change in the Scope of Services shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original Agreement prior to the performance of the additional work.

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

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

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

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

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

ATTACHMENT C
ITEM 13

fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.

It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

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

19. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to

the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing.

FOR CONTRACTOR: Name: WRT
Address: 901 W. 116th Ave. Suite 400
Westminster, CO 80234
Attention: Adam Szczesniak
Phone: (860) 993-3418

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

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

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

21. TERMINATION OF AGREEMENT

ATTACHMENT C
ITEM 13

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

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

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

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

Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONTRACTOR all or any part of the payments set forth in this Agreement on the date due, at his option CONTRACTOR may terminate this Agreement if the failure is not remedied within thirty (30) days after CONTRACTOR notifies CITY in writing of such failure to pay. The termination date shall be the effective date of the notice.

Termination by CITY for Change of CONTRACTOR'S Tax Status

ATTACHMENT C
ITEM 13

If CITY determines that CONTRACTOR does not meet the requirements of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by giving written notice to CONTRACTOR. The termination date shall be the effective date of the notice.

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

In the Event of Termination
If this Agreement is terminated pursuant to this Paragraph, CONTRACTOR shall cease all his work on the project as of the termination date and shall see to it that his employees, subcontractors, and agents are notified of such termination and cease their work. If CITY so requests, and at CITY'S cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’S work on the project.

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

22. INDEMNITY
CONTRACTOR shall indemnify, defend and hold harmless CITY and its officers, officials and employees from and against all claims, damages, losses and expenses including reasonable attorney fees arising out of the performance of the work described herein, caused in whole or in part by any act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.

CONTRACTOR'S obligation to defend, indemnify, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not

ATTACHMENT C
ITEM 13

limited to or restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance.

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

24. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

25. WAIVER
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

26. AUDIT
CITY'S duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONTRACTOR'S charges to CITY under this Agreement.

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

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

ATTACHMENT C
ITEM 13

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

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

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

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

ATTACHMENT C
ITEM 13

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

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

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

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

33. ATTORNEYS’ FEES
If either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees.

Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is prosecuted to judgment.

ATTACHMENT C
ITEM 13

EXHIBIT B

INSURANCE REQUIREMENTS FOR CONTRACTORS

Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, his agents, representative, employees or subcontractors.

Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

2. Insurance Services Office (ISO) Form CA 00 01 covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance

Minimum Limits of Insurance

Contractor shall maintain limits no less than:

1. General Liability:
(including operations, products
and completed operations)
$2,000,000 per occurrence for bodily injury,
personal injury and property
damage. If Commercial General
Liability insurance or other form
with a general aggregate limit is
used, either the general aggregate
limit shall apply separately to this
project/location or the general
aggregate limit shall be twice the
required occurrence limit.

2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage

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

ATTACHMENT C
ITEM 13

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

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

SPECIFICATIONS FOR COMMON SITUATIONS

Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared to and approved by the entity. At the option of the entity, either (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the entity, its officers, officials, employees and volunteers or (b) the contractor shall provide a financial guarantee satisfactory to the entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions

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

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

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days

ATTACHMENT C
ITEM 13

prior written notice by certified mail, return receipt requested, has been given to the entity.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

Waiver of Subrogation

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

SPECIFICATIONS FOR COMMON SITUATIONS (continued)

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

Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the entity. This is only a recommendation. The entity may decide to accept an insurer with a rating of less than A:VII depending on various circumstances.

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

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

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

Verification of Coverage

Contractor shall furnish the entity with copies of original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity’s forms, provided those endorsements or policies confirm to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate a waiver of these insurance requirements. The entity reserves the right to require complete, certified

ATTACHMENT C
ITEM 13

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

Subcontractors

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

ATTACHMENT C
ITEM 13
DESIGN

DEVELOP

DELIVER
901 W. 116th Ave., Suite 400 • Westminster, CO 80234 • 303-424-5355 Proposal for Water Treatment System
Ceres Well 22
Ceres, California
Nov
ember 4, 2024
WRT Co
ntact
Adam Szczesniak, Regional Sales Manager
Email: [email protected]
Phone: 860-993-3418

EXHIBIT A

ATTACHMENT C
ITEM 13

11/4/2024 Ceres Well 22 Page 2 of 5

Company Overview

Complete uranium removal system and services provided by WRT:
• Nothing is imparted into the water during the treatment process. • No liquid waste stream is generated by this process; this is a zero-liquid-discharge system. • Disposal of material to licensed low level radioactive waste facilities by WRT. • Minimal Maintenance and Operation required.
• No handling of radioactive materials, media, or chemicals by Utility personnel. • Z-92® Media is NSF, Standard 61 certified for use in drinking water applications.

Complete System

Z-92® Uranium Removal System

PROCESS DESCRIPTION
Water passes through treatment columns where uranium is removed. When the media is loaded with uranium, it is removed from the vessels onsite and replaced with new media. This complete process is handled by WRT, who is responsible for the safe , licensed, long-term disposal of the media to reduce risk and ensure regulatory compliance.

WRT’S CAPABILITIES
• Design and manufacturing of treatment systems:
10 to 10,000 GPM
• Process design for the removal of numerous
contaminants
• Radium removal, uranium removal, pressure filters,
ion exchange systems
• Long Term Service Agreements (LTSA) that reduce
liability and risk by providing a defined monthly cost
to operate, maintain, monitor, exchange, properly
license, transport, dispose and decommission systems
at the end of contract life
ENERGY EFFICIENT No external
pumps, other than the well pump,
required.

WATER EFFICIENT All water entering
the system is treated and usable as
process water. No regeneration or
backwash required.

ECONOMICAL Long Term Service
Agreement provides known cost of
operation and risk management.

PROVEN Billions of gallons treated
annually.

ATTACHMENT C
ITEM 13

11/4/2024 Ceres Well 22 Page 3 of 5

Remove the existing treatment media from the 3 treatment vessels onsite and replace with new Z-92® Uranium Removal Media, disinfect and place the system back into operation. Removal and replacement of 270 CF total. This includes new treatment media, transportation, and proper disposition of spent media

NOTES
• This proposal is based upon today’s costs and is valid for a period of 30 days.
• Pricing includes freight to site.
• Taxes, bonding, and permitting not included.
• Pricing is based on WRT standard terms and
conditions.
• Financial Assurance may be required and is not
included.
• Compliance with Build America, Buy America (BABA)
Act has not been taken into consideration for this
proposal.

Media Exchange Pricing

CURRENT PRICING FOR MEDIA EXCHANGE $253,600

Current Media Exchange

EQUIPMENT PAYMENT TERMS
• 50% upon acceptance of Purchase Order
• 50% upon completion of work

Payment of invoices is due in full within 30
days of the date of the invoice. Payments must
be made by ACH or check.

All orders are accepted subject to credit
approval of purchaser.

Any amounts not paid when due will be subject
to a finance charge of 1½% per month.

ATTACHMENT C
ITEM 13

11/4/2024 Ceres Well 22 Page 4 of 5

1. Payment. Unless otherwise agreed by the parties in writing, payment for all products purchased pursuant to this Agreement shall be made within 30 day of Seller’s invoice. Any amount not paid as agreed shall be subject to an interest charge of 1% per month, compounded monthly. Buyer will be liable for all of Buyer’s costs to collect amounts due under this agreement, including reasonable attorney’s fees, whether or not any collection action is commenced.

2. Limited Warranty. Seller warrants the products sold to the Buyer to be free of defects in materials and workmanship for a period of one year after the products are delivered to Buyer. In the event of any such defect in the products during the warranty period, Seller will provide all parts and labor necessary to correct such defect.

3. Disclaimer Of Implied Warranties; Limitation Of Remedies. THE BUYER’S SOLE AND EXCLUSIVE REMEDY UNDER THE LIMITED WARRANTY PROVIDED HEREIN SHALL BE THE PARTS AND LABOR AS PROVIDED IN THIS AGREEEMENT. ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED. SELLER SHALL NOT BE

RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM THE BREACH OF ANY WARRANTIES WITH RESPECT TO THE PRODUCTS PURCHASED PURSUANT TO THIS AGREEMENT.

4. Waiver of and Indemnification for Claims. BUYER HEREBY AGREES TO WAIVE, RELEASE, DISCHARGE, INDEMNIFY AND HOLD

SELLER HARMLESS FOR ANY AND ALL CLAIMS FOR DAMAGES FOR DEATH, PERSONAL INJURY OR PROPERTY DAMAGE WHICH IT OR THIRD PARTIES MAY HAVE OR WHICH MAY HEREAFTER ACCRUE AS A RESULT OF THE BUYERS’ USE OF THE PRODUCTS SOLD PURSUANT TO THIS AGREEMENT.

5. Intellectual Property. To the extent the products sold pursuant to this Agreement contain, reflect or consist of the Seller’s intellectual property, the sale does not include a sale of such intellectual property or of a license to use such intellectual property beyond the use by the Buyer of the products sold.

6. Assignment. In the event that Buyer assigns its rights and obligations under this Agreement any assignment of its payment obligation will be ineffective and Seller will remain jointly and severally liable, with its assignee, to pay all amounts due pursuant to this Agreement.

7. Non-Reliance on Written or Oral Statements. Buyer has relied on its own investigation about the qualities and performance of the products purchased pursuant to this Agreement and has not relied upon the written or oral statements of Seller or its representatives in entering into this Agreement.

8. Only Agreement. This is the only Agreement between the Buyer and Seller relating to the products purchased pursuant to this Agreement, and no oral or other statements, not contained herein, shall be binding on either the Buyer or the Seller.

9. Modification. The terms of this Agreement may not be modified, except in a writing signed by the party to be bound.

10. Non-Waiver; Severability. Waiver by either party hereto of non-performance of any term, provision, covenant, obligation or condition of this Agreement shall not be considered a waiver of any subsequent nonperformance, nor as waiver of the term, provision, covenant, obligation or condition itself. If any provision of this Agreement is found to be prohibited, invalid or unenforceable, such finding will not invalidate or render unenforceable any remaining provisions of this Agreement.

11. Arbitration. Any disputes arising in any way in connection with this Agreement or the products sold by the Seller shall be resolved by binding arbitration under the Colorado Uniform Arbitration Act (C.R.S. § 13-22-201 et seq.) (the “Act”). The parties agree that the District Court of Jefferson County, Colorado shall have jurisdiction over them for the purposes of applying the provisions of the Act. All arbitration proceedings shall take place within the greater metropolitan area of Denver, Colorado. Buyer will reimburse Seller for all attorney’s fees incurred by Seller in any arbitration (for collection or otherwise) in which Seller prevails.

12. Governing Law. This Agreement and any disputes or claims arising from it shall be governed by and construed according to the laws of the State of Colorado.

Standard Terms and Conditions

ATTACHMENT C
ITEM 13

11/4/2024 Ceres Well 22 Page 5 of 5

Clean water. Clean earth. That’s our promise.®

For more information about our services,
call 303.424.5355 or visit wrtnet.com.

Corporate Offices: 901 W. 116th Ave., Suite 400 • Westminster, CO 80234

ATTACHMENT C
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: November 25, 2024

TO: Mayor and City Council

FROM: Douglas D. Dunford, City Manager

CONTACT: Fallon Martin, City Clerk
[email protected], (
209) 538-5 731

SUBJECT: Resolution No. 2024- XXX, Approving an Agreement with Sharp Business Systems for the Lease & Maintenance Services of Multi - Function Copiers and Authorizing the City Manager to Execute the Agreement

RECOMMENDED COUNCIL ACTION:

Staff recommends Council approve a five-year agreement with Sharp Business Systems for the lease and maintenance services of multi-function copiers.

I. BA
CKGROUND:

December 31, 2024, the lease and maintenance services with UBEO Business Services for the copiers used within the organization will expire. The existing equipment is five to six years old, which is near the end of the equipment’s life cycle.

On October 14, 2024, the City issued a Request for Proposal (RFP) for the lease and maintenance service of multi-function copiers.

II. REA
SONS FOR RECOMMENDATION:

The City currently has an agreement with UBEO Business Services for nine total printers.

The agreement was a 60-month (five year) term and is set to expire December 31, 2024.

The RFP that was prepared was advertised from October 14, 2024, through November 7, 2024, a total of four weeks. The RFP was advertised on the City’s website as well as emailed to a total of 10 companies that provide such services. Staff received a total of seven proposals, all from well-qualified vendors.

ITEM 14
The proposals were thoroughly reviewed and ranked using the categories listed in the RFP: Qualifications, Experience, & References (15%), Personnel & Staffing (10%), Work Plan (10%), Rates & Fees (60%), and Quality & Responsiveness to the Proposal (5%).

A committee composed of staff from the City Manager’s Office and Information Technology Division conducted a thorough review of the proposals and scored them based off the categories mentioned above. The final rankings shown below are the average of the five staff members who reviewed the proposals.

Ranking Company Score
Average
Monthly
Cost
1 Sharp Business Systems 87% $2,308.43
2 UBEO Business Services 62% $3,256.26
3 Mo-Cal Office Solutions 60% $3,044.19
4 Boss Business Systems 42% $4,032.16
Disqualified C.A. Reding N/A N/A
Disqualified Caltronics Business Systems N/A N/A
Disqualified Inland Business Systems N/A N/A

The proposal by Sharp Business Systems was the highest-ranking proposal and had the lowest price. The monthly cost is approximately $2,308.43per month, which is significantly less than the other non-disqualified proposals. The average monthly cost is figured using the average amount of copies listed in the RFP along with the base monthly amount quoted by the bidder. In addition to Sharp Business Systems being the lowest priced proposal, based on the strength of their proposal, recommended product, references, technical expertise, staff believes th ey will provide the best product and service needed by the City.

III. F
ISCAL IMPACTS:

The cost of copiers is included in each department’s budget.

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

N/A

V. PO
LICY ALTERNATIVES:

Council could choose not to approve the proposed agreement . This alternative is not recommended since the current lease and maintenance service agreement for copiers expires December 31, 2024.

VI. I
NTERDEPARTMENTAL COORDINATION:

N/A

VII. PUBL
IC PARTICIPATION:

N/A
ITEM 14
VIII. ENVIRONMENTAL REVIEW:

N/ A
I
X. STEPS FOLLOWING APPROVAL:

Up
on Council approval, staff will finalize and execute the agreement.

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

1. Attachment A – Resolution

2. Attachment B – Value Lease Agreement

3. Attachment C – Customer Care Maintenance Agreement

4. Attachment D – Request for Proposal
ITEM 14
ITEM 14

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING AN AGREEMENT WITH SHARP BUSINESS SYSTEMS FOR THE

LEASE & MAINTENANCE OF MULTI-FUNCTION COPIERS AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres, California

WHEREAS, December 31, 2024 the current lease and maintenance services with UBEO Business Services for the copiers used within the organization will expire; and

WHEREAS, the existing equipment is five to six years old, which is near the end of the equipment’s life cycle; and

WHEREAS, a Request for Proposal (RFP) was advertised for four weeks and a total of seven proposals were submitted; and

WHEREAS, all proposals were thoroughly reviewed and ranked by a committee of five staff members; and

WHEREAS, staff recommends Sharp Business Systems as they were the highest- ranking proposal and came in with the lowest price.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an agreement with Sharp Business Systems for the lease & maintenance of multi -function copiers 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 25
th day of November 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
The words User, Lessee, you and your refer to Customer. The words Owner, Lessor, we, us and our refer to Sharp Electronics Corporation through its Sharp Business Systems division.

CUSTOMER INFORMATION

FULL LEGAL NAME STREET ADDRESS
CITY OF CERES 2220 MAGNOLIA STREET

CITY STATE ZIP PHONE FAX
CERES CA 95307 209-538-5700

BILLING NAME (IF DIFFERENT FROM ABOVE) BILLING STREET ADDRESS

CITY STATE ZIP E-MAIL

EQUIPMENT LOCATION (IF DIFFERENT FROM ABOVE)

EQUIPMENT DESCRIPTION

MAKE/MODEL/ACCESSORIES NOT FINANCED UNDER

THIS AGREEMENT
SERIAL NO. STARTING METER
See the attached Schedule A See the attached Billing Schedule

TERM AND PAYMENT SCHEDULE
60 Payments* of $ The lease contract payment (“Payment”) period is monthly unless otherwise indicated. *plus applicable taxes Payment includes Black and White Images per month Overages billed Quarterly at $ per image*

Payment includes 0

Color Images per month Overages billed Quarterly at $ per image* Payment includes Scan Images per month Overages billed monthly at $ per image* Payment includes Fax Images per month Overages billed monthly at $ per image* By initialing here, you agree that service and supplies are not included in this Agreement.

END OF LEASE OPTIONS
You will have the following option at the end of the original term, provided that no event of default under the Agreement has occurred and is continuing. To the extent that any purchase option indicates that the purchase price will be the "Fair Market Value" (or "FMV"), such term means the current market value of the Equipment. 1) Purchase all but not less than all the Equipment for the Fair Market Value per paragraph 1, 2) Renew the Agreement per paragraph 1, or 3) Return the Equipment per paragraph 3.

THIS IS A NONCANCELABLE / NONREFUNDABLE / IRREVOCABLE AGREEMENT; THIS AGREEMENT CANNOT BE CANCELED, ASSIGNED OR TERMINATED, BY CUSTOMER.

LESSOR ACCEPTANCE
Sharp Electronics Corporation
through its Sharp Business Systems Division

LESSOR SIGNATURE TITLE DATED

CUSTOMER ACCEPTANCE
By signing below or authenticating an electronic record hereof, you certify that you have reviewed and do agree to all terms and conditions of this Agreement on this page and on page 2 attached hereto. Upon signing below or authenticating an electronic record, your promises herein will be irrevocable and unconditional in all respects.

X
CUSTOMER (as referenced above) SIGNATURE TITLE DATED
FEDERAL TAX I.D. # PRINT NAME

CONTINUING GUARANTY
You unconditionally and absolutely, jointly and severally, guarantee that Customer will fully and promptly pay and perform all obligations under the Agreement and any addendums and supplements thereto. This is a continuing Guaranty and shall not be revoked by your death, bankruptcy, incompetency or insolvency. You may not terminate or revoke this Guaranty without written notice to us, and this Guaranty shall continue in full force and effect with regard to all of Customer’s obligations arising prior to the date of such notice. We may make changes, including compromise or settlement, with the Customer, and you waive any abatement, setoff, defense or counterclaim for any reason and all notice of any changes or default. It is not necessary for us to proceed first against the Customer before enforcing this Guaranty. You certify that the financial information you have given us is true, complete and accurate in all material respects. You authorize us to obtain credit bureau reports for credit and collection purposes and to share them with our affiliates and agents.

Without our prior written consent, you will not transfer your obligations under this Guaranty or all or substantially all your assets to anyone. This Guaranty will be binding on your estate, heirs, successors and assigns.

We may assign this Guaranty without notice. The undersigned, as to this guaranty, agree(s) to the designated forum and consent(s) to personal jurisdiction, venue, and choice of law as stated in the Agreement, agree(s) to pay all costs and expenses, including attorney fees, incurred by Lessor or Lessor’s assignee related to this guaranty and the Agreement. YOU AND WE IRREVOCABLY WAIVE ALL RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED HERETO.

GUARANTOR SIGNATURE (AS AN INDIVIDUAL) HOME PHONE DATED

ACCEPTANCE OF DELIVERY
The Customer hereby certifies that all the Equipment: 1) has been received, installed, and inspected, and 2) is fully operational and unconditionally accepted.

X
CUSTOMER (as referenced above) SIGNATURE TITLE DATE OF DELIVERY SBS VL Agreement Page 1 of 2 01-03-2020
USA-SEC-2020-SBS-00002
AGREEMENT NO.APPLICATION NO. Value Lease Agreement

ATTACHMENT B
ITEM 14

1. AGREEMENT: For business purposes only, you agree to lease from us the goods, together with all replacements, parts, repairs, additions, and accessions incorporated therein or attached thereto and any and all proceeds of the foregoing, including, without limitation, insurance recoveries (the "Equipment") and/or to finance certain licensed software and services (“Financed Items”, which are included in the word “Equipment” unless separately stated), all as described on page 1 of this Agreement, excluding equipment marked as not financed under this Agreement, as it may be supplemented from time to time. You agree to all of the terms and conditions contained in this Agreement and any supplement, which (with the acceptance certification) is the entire agreement regarding the Equipment ("Agreement") and which supersedes any purchase order or invoice. You authorize us to correct or insert missing Equipment identification information and to make corrections to your proper legal name and address. This Agreement becomes valid upon execution by us. This Agreement is binding upon our acceptance hereof and will begin on the date the Equipment is delivered to you or any later date we designate. If we designate a later commencement date, you agree to pay us an additional amount equal to the periodic payments due under this Agreement prorated for the period between the date the Equipment is delivered to you and the commencement date in an amount equal to 1/30th of the Payment. This Agreement will automatically renew for 12-month term(s) unless you purchase or return the Equipment (according to the conditions herein) and send us written notice between 90 and 150 days (before the end of any term) that you do not want it renewed. If any provision of this Agreement is declared unenforceable in any jurisdiction, the other provisions herein shall remain in full force and effect in that jurisdiction and all others. You shall deliver all information requested by us which we deem reasonably necessary to determine your current financial condition and faithful performance of the terms hereof.

2. RENT, TAXES AND FEES: You will pay the monthly Payment (as adjusted) when due, plus any applicable sales, use and property taxes. The base Payment will be adjusted proportionately upward or downward: (1) by up to 10% to accommodate changes in the actual Equipment cost; (2) if the shipping charges or taxes differ from the estimate given to you; and (3) to comply with the tax laws of the state in which the Equipment is located. If we pay any taxes, insurance or other expenses that you owe hereunder, you agree to reimburse us when we request and to pay us a processing fee for each expense or charge we pay on your behalf. We may charge you for any filing fees required by the Uniform Commercial Code (UCC) or other laws, which fees vary state-to-state. By the date the first Payment is due, you agree to pay us an origination fee up to an amount of $125.00 as shown on our invoice or addendum, to cover us for all closing costs. We will have the right to apply all sums, received from you, to any amounts due and owed to us under the terms of this Agreement or any other agreement. If for any reason your check is returned for nonpayment, you will pay us a bad check charge of $30 or, if less, the maximum charge allowed by law. We may make a profit on any fees, estimated tax payments and other charges paid under this Agreement. You cannot pay off this Agreement or return the Equipment prior to the end date without our consent. If we consent, we may charge you, in addition to other amounts owed, an early termination fee up to 15% of the price of the Equipment.

3. MAINTENANCE AND LOCATION OF EQUIPMENT; SECURITY INTEREST; SOFTWARE/DATA: At your expense, you agree to keep the Equipment: (1) in good repair, condition and working order, in compliance with applicable manufacturers’ and regulatory standards; (2) free and clear of all liens and claims; and (3) only at the installation address, and you agree not to move it unless we agree in writing. As long as you have given us the written notice as required in paragraph 1 prior to the expiration or termination of this Agreement’s term, if you do not purchase the Equipment, you will return all but not less than all of the Equipment and all related manuals and use and maintenance records to a location we specify, at your expense, in retail re-saleable condition, full working order and complete repair. If this Agreement is deemed to be a secured transaction, you grant us a security interest in the Equipment to secure all amounts you owe us under any agreement with us, and you authorize us to file a financing statement (UCC-1). You will not change your state of organization, headquarters or residence without providing prior written notice to us so that we may amend or file a new UCC-1. You will notify us within 30 days if your state of organization revokes or terminates your existence. Except as provided in this paragraph, references to “Equipment” include any software referenced above or installed on the Equipment. We own the Equipment but we do not own the software and cannot transfer any interest in it to you. We are not responsible for the software or the obligations of you or the licensor under any license agreement. You are solely responsible for removing any data that may reside in the Equipment you return, including but not limited to hard drives, disk drives or any other form of memory.

4. COLLATERAL PROTECTION; INSURANCE; INDEMNITY; LOSS OR DAMAGE: You agree to keep the Equipment fully insured against risk and loss, with us as lender’s loss payee, in an amount not less than the original cost until this Agreement is terminated. You also agree to obtain a general public liability insurance policy with such coverage and from such insurance carrier as shall be satisfactory to us and to include us as an additional insured on the policy. Your insurance policy(s) will provide for 10 days advance written notice to us of any modification or cancellation. You agree to provide us certificates or other evidence of insurance acceptable to us. If you fail to comply with this requirement within 30 days after the start of this Agreement, we may (A) secure property loss insurance on the Equipment from a carrier of our choosing in such forms and amounts as we deem reasonable to protect our interests. If we place insurance on the Equipment, we will not name you as an insured and your interests may not be fully protected. If we secure insurance on the Equipment, you will pay us an amount for the premium which may be higher than the premium that you would pay if you placed the insurance independently and an insurance fee which may result in a profit to us through an investment in reinsurance; or (B) charge you a monthly property damage surcharge of up to .0035 of the Equipment cost as a result of our credit risk and administrative and other costs, as would be further described on a letter from us to you. We may make a profit on this program. NOTHING IN THIS PARAGRAPH WILL RELIEVE YOU OF RESPONSIBILITY FOR LIABILITY INSURANCE ON THE EQUIPMENT. We are not responsible for, and you agree to hold us harmless and reimburse us for and, if we request, to defend on our behalf against, any claim for any loss, expense, liability or injury caused by or in any way related to delivery, installation, possession, ownership, use, condition, inspection, removal, return or storage of the Equipment. You are responsible for the risk of loss or for any destruction of or damage to the Equipment. You agree to promptly notify us in writing of any loss or damage. If the Equipment is destroyed and we have not otherwise agreed in writing, you will pay to us the unpaid balance of this Agreement, including any future rent to the end of the term plus the anticipated purchase price of the Equipment (both discounted at 2%). Any proceeds of insurance will be paid to us and credited, at our option, against any loss or damage. You authorize us to sign on your behalf and appoint us as your attorney-in-fact to endorse in your name any insurance drafts or checks issued due to loss or damage to the Equipment. All indemnities will survive the expiration or termination of this Agreement.

5. ASSIGNMENT: YOU HAVE NO RIGHT TO SELL, TRANSFER, ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT, without our prior written consent. You must notify us within 30 days if you reorganize or merge with any other entity or transfer all or a substantial part of your ownership interests or assets. We may sell, assign, or transfer this Agreement without notice. You agree that if we sell, assign or transfer this Agreement, our assignee will have the same rights and benefits that we have now and will not have to perform any of our obligations. You agree that the new Lessor will not be subject to any claims, defenses, or offsets that you may have against us. You shall cooperate with us in executing any documentation reasonably required by us or our assignee to effectuate any such assignment. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns.

6. DEFAULT AND REMEDIES: You will be in default if: (a) you do not pay any Payment or other sum due to us or any other person when due or if you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us, (b) you make or have made any false statement or misrepresentation to us, (c) you or any guarantor dies, dissolves or terminates existence, (d) there has been a material adverse change in your or any guarantor’s financial, business or operating condition, or (e) any guarantor defaults under any guaranty for this Agreement. If any amount payable to us is not paid when due, you will pay a late charge equal to: 1) the greater of ten (10) cents for each dollar overdue or twenty-six ($26.00) dollars; or 2) the highest lawful charge, if less. If you are ever in default, at our option, we can terminate this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of the term plus the anticipated purchase price of the Equipment (both discounted at 2%). We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any or all of the remedies available to us under Articles 2A and 9 of the UCC and any other law, including requiring that you: (1) return the Equipment to us to a location we specify; and (2) immediately stop using any Financed Items. In addition, we will have the right, immediately and without notice or other action, to set-off against any of your liabilities to us any money, including depository account balances, owed by us to you, whether or not due. In the event of any dispute or enforcement of rights under this Agreement or any related agreement, you agree to pay our reasonable attorney's fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. If we have to take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will not be subject to any penalties.

7. FAXED OR SCANNED DOCUMENTS, MISC.: The parties agree that this Agreement and any related documents hereto may be authenticated by electronic means. The parties agree that the original hereof for enforcement and perfection purposes, and the sole “record” constituting “chattel paper” under the UCC, is the paper copy hereof bearing (i) the original or a copy of either your manual signature or an electronically applied indication of your intent to enter into this Agreement, and (ii) our original manual signature. You agree not to raise as a defense to the enforcement of this Agreement or any related documents that you executed or authenticated such documents by electronic or digital means or that you used facsimile or other electronic means to transmit your signature on such documents. Notwithstanding anything to the contrary herein, we reserve the right to require you to sign this Agreement or any related documents hereto manually and to send to us the manually signed, duly executed documents via overnight courier on the same day that you send us the facsimile, scanned or electronic transmission of the documents. By providing any telephone number, now or in the future, for a cell phone or other wireless device, you are expressly consenting to receiving communications, regardless of their purpose, at that number, including, but not limited to, prerecorded or artificial voice message calls, text messages, and calls made by an automatic dialing system from us and our affiliates and agents. These calls and messages may incur access fees from your provider.

8. WARRANTY DISCLAIMERS: YOU AGREE THAT YOU HAVE SELECTED ANY/ALL THIRD PARTY SUPPLIERS AND EACH ITEM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT AND YOU DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY US. YOU WILL CONTINUE TO MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. YOU ARE NOT ENTITLED TO REDUCE OR SET-OFF AGAINST AMOUNTS DUE UNDER THIS AGREEMENT FOR ANY REASON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY,

FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. WE ASSIGN TO YOU ANY WARRANTIES GIVEN TO US.

9. LAW, JURY WAIVER: Agreements, promises and commitments made by Lessor, concerning loans and other credit extensions must be in writing, express consideration and be signed by Lessor to be enforceable. This Agreement may be modified only by written agreement and not by course of performance. YOU AGREE THAT THIS AGREEMENT AND ANY CLAIM RELATED TO THIS AGREEMENT SHALL BE GOVERNED BY THE INTERNAL LAWS OF THE STATE IN WHICH OUR (OR, IF WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE’S) PRINCIPAL PLACE OF BUSINESS IS LOCATED AND ANY DISPUTE CONCERNING THIS AGREEMENT WILL BE ADJUDICATED IN A FEDERAL OR STATE COURT IN SUCH STATE. YOU HEREBY CONSENT TO PERSONAL JURISDICTION AND VENUE IN SUCH COURTS AND WAIVE TRANSFER OF VENUE. For any action arising out of or relating to this Agreement or the Equipment, YOU AND WE WAIVE ALL RIGHTS TO A TRIAL BY JURY .

10. MAINTENANCE AND SUPPLIES: The charges established by this Agreement include payment for the use of the Equipment, accessories, and, unless otherwise indicated on the face, maintenance during normal business hours, inspection, adjustment, parts replacement, drums, cleaning material required for proper operation and black toner and developer. Paper and staples must be separately purchased by you. If necessary, the service and supply portion of this Agreement may be assigned by us. We may charge you a supply freight fee to cover our costs of shipping supplies to you. The service and maintenance of the Equipment may be governed by a separate terms and conditions service agreement.

11. OVERAGES AND COST ADJUSTMENTS: You agree to comply with our billing procedures including, but not limited to, providing us with periodic meter readings on the Equipment. At the end of the first year of this Agreement and once each successive twelve-month period, the Payment and the Overage charges may be increased by a maximum of 15% of the then existing charge. Images made on equipment marked as not financed under this Agreement will be included in determining your image and overage charges. We will also review your scan meter. If your scan meter exceeds your output (image) meter, you may be charged additionally for excessive scan meter usage. A “scan” is defined as the electronic rasterization of a hard copy document with no associated hard copy output on the scanning device. Meter Readings may be obtained remotely under certain circumstances and you consent to our ability to obtain remote meter readings.

12. UPGRADE AND DOWNGRADE PROVISION: AFTER COMMENCEMENT OF THE AGREEMENT AND UPON YOUR WRITTEN REQUEST, AT OUR SOLE DISCRETION, WE MAY REVIEW YOUR IMAGE VOLUME AND PROPOSE OPTIONS FOR UPGRADING OR DOWNGRADING THE EQUIPMENT TO ACCOMMODATE YOUR BUSINESS NEEDS.

13. TRANSITION BILLING: In order to facilitate an orderly transition, including installation and training, and to provide a uniform billing cycle, the start date of this Agreement (the "Effective Date") will be a date after the certification of acceptance of the Equipment, as shown on the first invoice. The payment for this transition period will be based on the base minimum usage payment, prorated on a 30-day calendar month, and will be added to your first monthly Payment.

14. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING AN ACCOUNT: To help the United States fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your legal name, address, Tax ID#, and other information that will allow us to identify you. We may also ask for copies of certified articles of organization, an unexpired government issued business license, a partnership agreement or other documents that indicate the existence and standing of the entity.

SBS VL Agreement Page 2 of 2
USA-SEC-2020-SBS-00002 01-03-2020

ATTACHMENT B
ITEM 14
Total
Count Model Number Serial Number Location Location 2 Address 1 Sharp BP-70C55 City Hall
2 Sharp BP-70C55 Annex
3 Sharp BP-70C55 Finance Dept
4 Sharp BP-70C55 Recreation
5 Sharp BP-70C55 Corp Yard Water Admin
6 Sharp BP-70C55 Corp Yard Public Works
7 Sharp BP-70C45 Police Dept
8 Sharp BP-C535WR Waste Water Treatment
9 HP LJ Enterprise M406 Payroll Office
10 11
12 13
14 Customer Signature: City of Ceres
Name
Signature
Title
Date
Name
Signature
Title
Date
City of Ceres - Schedule A
Vendor Signature:

ATTACHMENT B
ITEM 14
ITEM 14

ATTACHMENT C
ITEM 14

ATTACHMENT C
ITEM 14
ITEM 14
City of Ceres
City Clerk’s Office
2220 Magnolia St.

Ceres, CA 95307
(209) 538-5731
REQ

UEST FOR PROPOSAL
(RFP)
Lease and Maintenance Service
of
Multi-Function Digital Copiers
RFP ISSUED: October 14, 2024
PRO
POSALS DUE: November 7, 2024
PROPOSAL SUBMITTALS TO:

City of Ceres
Attn: City Clerk’s Office
2220 Magnolia St.

Ceres, CA 95307

ATTACHMENT D
ITEM 14
2 Introduction
The City of Ceres (City) is accepting proposals from qualified suppliers for the Lease and Maintenance of Multi -Function Digital Copiers (MDC) in accordance with the included specifications, terms, and conditions shown in this Request for Proposals (RFP). The City se
eks an upgrade to current technology, improve staff efficiency and hopes to reduce its costs of lease and maintenance services for its copiers. Questions or inquiries regarding this RFP should be directed to Fallon Martin, City Clerk, at (209) 538-5731 or via email at [email protected].

Background
The City’s current copier lease and maintenance contract is nearing term date. As a result, the City must go out to bid for such services offered by qualifying suppliers . It is the City’s preference to obtain reliable devices with a maintenance contract that will minimize administrative costs and down time.

For t
he purposes of this RFP, the City consists of three facilities within a one mile radius.

Unless otherwise noted, the facilities will be open to the supplier for installation and service of equipment during the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, except for holidays.

Curr
ently, the City has eight multi-function copiers and one MICR printer with leases that are expiring in December 2024. The City intends to replace the following existing machines with new machines:

List of Existing Equipment
Make/Model Location Average
Monthly Volume
Color
Average
Monthly Volume
Black & White
Canon C5560i II City Hall 5,000 3,000
Canon C5560i II Annex 4,000 4,000
Canon C5560i II Finance Department 2,000 2,500
Canon C5540i II Recreation 5,000 1,500
Canon C5540i II Corp Yard Water Admin 1,500 1,000
Canon C5540i II Corp Yard Public Works 1,500 1,000
Canon C5540i II Police Department 4,000 2,500
Canon MF735Cdw Waste Water Treatment 500 500
HP LaserJet
Enterprise M406 Payroll Office N/A 2,500
Questions
All questions related to this RFP must be made in writing and received at least five (5) working days prior to the closing date for submittal of this RFP. This will provide time for issuing and forwarding answers. The City will not be responsible for oral interpretations of the RFP.

Proposal Process & T imeline

1. Proposal Submission and Opening: Proposals must be delivered directly to the City no later than 5:00 pm on November 7, 2024. Late submissions after the

ATTACHMENT D
ITEM 14
3 deadline or proposals delivered via fax will not be accepted. A total of five identical printed hard copy proposals and one electronic (PDF) on flash drive must be submitted and labeled as follows:

City of Ceres
Attn: City Clerk’s Office
2220 Magnolia Street
Ceres, CA 95307

2. Proposal Review: The City will evaluate each proposal submitted. It is anticipated that the review process will be completed by November 15, 2024.

3. Notification: The City anticipates sending written notification to all bidders regarding the outcome of the review and contract award process by November 18, 2024.

4. Obtain Business License: The supplier is required to obtain a City of Ceres business license prior to the delivery and installation of any products. All fees must be paid prior to issuance of the business license. Additionally, the supplier is obligated to maintain the business license account in good standing for the duration of the contract. Failure to do so may result in the immediate termination of the contract with no further monies due from the City.

5. Delivery and Installation: The machines shall be delivered, installed and made ready for use the week of December 16 - 19, 2024. The City will make every effort to administer the proposal process in accordance with the terms and dates discussed in this RFP. However, the City reserves the right to modify the proposal process and dates as deemed necessary.

Approximate Timeline
Distribution of RFP October 14, 2024
Proposal Submission November 7, 2024
Proposal Review November 12 - 15, 2024
Notification to Bidders November 18, 2024
Council Approval November 25, 2024
Delivery and Installation December 16 - 19, 2024
The City reserves the right, at its sole discretion, to adjust the RFP schedule as it deems necessary.

Minimum Qualifications
To be considered for selection, proposing supplier s must have at least the following qualifications:

• Authorized by the manufacturer to supply the makes and models offered. • Agree to assign experienced and dedicated staff committed and capable of servicing the equipment.
• Provide products which meets the Energy Star specifications for energy efficiency.

ATTACHMENT D
ITEM 14
4 • All services and equipment must comply with Cal/OSHA r equirements. • Ability
to provide demonstrations of proposed copiers prior to selection of award. • Submit C
ertificate of Insurance in amounts specified by the City. • Have an established office within a
100-mile radius to the City.

Format of Proposals and Scope of Services
To facilitate a fair and efficient review of all proposals, please structure your proposal in the following format, utilizing the same numbering system as found in the Request for Proposal. Responses that do not follow this format will be scored accordingly and are subject to rejection.

Font s
hould be size 11, at a minimum , with margins of no less than one inch. Your answers should be direct and to the point, providing enough detail, but without excess marketing jargon. Page limits below are guidelines, not mandatory.

Tab 1:

Title Page/Cover
One printed page maximum. It should include the name, address, FAX number, email address and phone number of the supplier’s authorized negotiator. Vendor’s authorized negotiator shall be empowered to make binding commitments for the supplier’s firm.

Tab 2:

Vendor Profile
Five printed pages, maximum. Respond to the following sections:

1. Over
view
Provide a corporate overview of your company.

2. Experience
Describe the company’s experience in providing services to the public sector. Include exclusive resources dedicated to the public sector.

3. References
Provide three comparable references in the following format:

Name of organization:

Contact Name:

Phone Number:

Length of Relationship:

Services in Use:

4. Contr
act Management
Describe the service team that will be assigned to the City. Describe individual roles, responsibilities and briefly detail related experience.

5. Compliance and Exceptions
Include statements to confirm your company’s compliance with the minimum qualifications. Also list any exceptions to required product and services.

ATTACHMENT D
ITEM 14
5 Tab 3: Work Plan
Delivery, Installation, Training Schedule, Security – Describe how your company will manage the delivery, installation and training requirements for the new machines and how the supplier will meet the specifications delineated in this RFP.

The plan should be simple, easy to read and follow, and address and satisfy the objectives and specifications as listed in the scope of w ork in this RFP. Please address hard drive security issues of the new machine. Recommend how the City should manage security of the hard drive on the new machine.

Tab 4
: Terms and Conditions
• Cost: The following cost information is to be submitted along with a detailed list of services to be provided:
a) Lease rate for 60 months that includes all desired features, must include delivery and installation. Proposed prices will include all federal, state and local taxes. The lease rate will be fixed for the contract term with no price increase.
b) Maintenance, including service and supply (cost per page rates). Vendor shall bear all costs for labor and parts required to maintain the equipment in good working order and make all necessary adjustments, replacements and repairs caused by normal wear and tear. The maintenance price will be fixed for the contract term with no price increase. Proposed prices will include all federal, state and local taxes. c) Provide separate price list for optional accessories. d) Provide separate lease rates for longer lease terms if desired. • Delivery and Installation: Coordinate with the City Clerk’s Office regarding all activities related to delivery and installation of the equipment. Provide delivery and installation schedule to the City Clerk’s Office.
• Performance: Machines provided will perform to manufacturer’s specification for a minimum of 95% of the available work time. If a machine fails to meet the 95% standard, it shall be replaced with an equal or better model at no cost to the City. If the supplier fails to correct the non-performance, the City reserves the right to terminate the contract by giving a 10-day notice to the supplier after which no further obligation is due from the City.
• Maintenance Service: Supplier will provide routine maintenance services and provide a report of routine services. Supplier will respond to emergency service requests within four hours after City reports a malfunction. Supplier will replace defective parts within 24 hours after determining a part is defective. Service will be furnished to the City between 8: 00 a.m. and 5:00 p.m., Monday through Friday.
• Recurring Maintenance Calls: Only fully trained and qualified technicians shall perform the maintenance on the copier. If the supplier’s service technician fails to successfully repair a recurring problem for the third time, the City will have the option to replace the copier or have the copier lease and maintenance agreement cancelled and not pay any early termination charges. If the City chooses to replace the machine, the supplier will immediately replace the machine with an equivalent unit or one that meets the City’s approval. The supplier will bear all costs associated with removal and delivery of the

ATTACHMENT D
ITEM 14
6 replacement machine. The period of agreement remains the same and the cost of the replacement machine shall not exceed the cost of the original. • Training: Operator training will be provided at 2220 Magnolia Street at no additional cost. The machines will be delivered with an operator’s manual. • Supplies: The City will supply paper for the machines. The supplier shall be responsible for supplying toner, drum, developer, staples, etc. and shall include the cost in the maintenance price.
• Hazardous Materials: Supplier shall identify all hazardous materials as required under the California Code of Regulations and the State Health Safety Code.

Vendor shall provide Material Safety Data Sheets (MSDS) for all products that may contain hazardous materials to the City at the time of installation of the copier. Vendor shall agree to pick up and recycle any used supply cartridges such as toner, developer, etc. that may be classified as hazardous at no additional expense to the City.
• Return of Equipment: The end- of-contract return of any equipment shall be provided by the supplier and coordinated with the City at no cost. Subject equipment shall be removed no later than 30 days after receiving notification for termination of contract.
• Contract Form: Supplier shall provide copies of their standard lease and maintenance contract to be entered into with the City. The final contract will incorporate the appropriate terms and conditions from this solicitation. • Authorization to Contract: Provide either an excerpt from your Corporate Resolution, Certificate of Secretary, or correspondence from the President or Chief Executive Officer attesting that the individual signing the proposal has the authority to make binding representations on behalf of the company. • Replacement of Equipment: Replacement equipment is defined as equipment that shall be installed to replace a malfunctioning piece of equipment and shall remain on site for the term of the Contract. All replacement equipment shall be new. Back -up equipment (loaners) is defined as equipment that shall be installed on a temporary basis while the malfunctioning equipment is repaired or until r eplacement equipment is installed. Back -up equipment shall be required after a piece of equipment has been down for 16 consecutive business hours. Back-up equipment shall be replaced within 30 days with the original machine, f ully repaired, and/or restored to full working order or a new replacement piece of equipment. The supplier shall replace equipment having demonstrated a history of “excessive down time” with a new piece of equipment of equal or better features, unless the City declines. Excessive down time shall be defined as four or more service calls in a one- month period. Downtime is calculated from the time the end user places the call and ends when the piece of equipment is up and running. Service calls that are operator induced shall not be counted and will be noted on the work order.
• Quarterly reports: The supplier shall maintain an inventory record that identifies all equipment delivered under the Contract. The inventory record shall be provided to the City’s authorized representative on a quarterly basis. The report shall contain (1) Make and Model, location, serial number, and vendor equipment number of all installed equipment; (2) suppliers record of performed maintenance and repair; (3) Monthly volume by piece of equipment.

ATTACHMENT D
ITEM 14
7 • Down Time Reports: The supplier shall provide a quarterly report to the City’s authorized representative indicating overall the City’s down time percentage and individual down time percentage for each individual piece of equipment.

Any piece of equipment recording 5% or more downtime shall be replaced with a new piece of equipment immediately.
• Average Response Time: The supplier shall provide a quarterly report to the City’s authorized representative indicating both overall response time and individual actual response time for each piece of equipment. • No Guarantee of Usage: Any quantities listed in this RFP are estimated or projected and are provided for tabulation and information purposes only. No guarantee of quantities is given or implied by the City. Supplier must furnish the City’s needs as they arise.
• New Merchandise: Unless otherwise required by the specifications all products furnished will be new and unused.
• Warranties: The supplier shall warrant all material or products and labor provided under the contract, in addition to any manufacturers’ warranties that may also apply. Warranty periods must be included in responses to proposal. supplier, as the contracting party, shall be considered primarily responsible to the City for all warranty service, parts, and labor applicable to the material or products provided by supplier in this contract, irrespective of whether supplier is an agent, broker, fabricator, or manufacturer’s dealer. Supplier shall be responsible for ensuring that warranty work is performed at a local agency or facility convenient to the City and that services, parts, and labor are available and provided to meet the City’s schedules and deadlines. S upplier may establish a service contract with a local agency satisfactory to the City, to meet this obligation if supplier does not ordinarily provide warranty service. All such non-contractor warranty service, parts, and labor must be clearly identified i n the proposal.
• Conflict of Interest Statement: Any activities or relationships of the supplier that might create a conflict of interest for the supplier or the City, and, if such activities or relationships exist, a description of the facts, legal implications, and possible effects sufficient to permit the City to appreciate the significance of the conflict and to grant any conflict waiver, if appropriate and necessary.

Tab 5: M
inimum Desired Features:
a. Automatic document feeder with single pas s duplexing. (Reversing single pass feeder)
b. Four paper
trays, 500 sheet capacity per tray, paper sizes: 11”x17”, legal, a nd letter
c. 50 Sheet bypass tray
d. Finisher with 50 sheet stapler
e. 3-hole punch unit
f. Single tray finisher
g. Minimum rate speed of 55 ppm (except for the two copiers listed below in section hh and ii)
h. Allow for both color and black and white copies
i. Copy, scan and
print
up to 11x17

ATTACHMENT D
ITEM 14
8 j. Require no additional PC workstation to facilitate any scan or e -mail functionality
k. Scan new jobs while the device is network printing or copying without network interruption
l. Scan to desktop, e -mail, network repository, OneDrive, or workflow applications
m. Allow network users to access any City mail server(s) via authorized network login and password
n. Ability to store print jobs and access them via a password protected mailbox on MDC
o. Automatic enlargement and reduction capability in preset rations and zoom image of at least 25% - 400% in 1% increments
p. Enable end users to easily replace consumable components including toner, staples, and paper
q. Energy Star compliant
r. All equipment must be capable of processing up to 100% recycled content paper
s. Ability to print labels, card stock and envelopes
t. Diagnostic display that troubleshoots problems and tracks in- progress functions
u. All applicable user desktop software shall be included to operate MDCs for printing, copying, faxing, and scanning. This should include, but not be limited to OCR, PDF, TIF and JPG scanning
v. M ultifunction device capable of network printing and scanning to an SMB share as well as scanning to email utilizing an SMTP server
w. Easily accessible misfeed areas that facilitate accessing and clearing misfeeds x. Easy viewing of panel in standard office lighting.
y. View status of copy/print/fax jobs
z. Release/select/delete jobs from hold queue
aa. Ability to manually adjust image quality levels (contrast, sharpness) bb. Wi-Fi printing availability
cc. Each MDC shall be equipped with a UL approved three wire cord and grounded conductor plug ( three-prong) and may operate on 110 or 220 volts. The successful supplier shall provide any necessary special adaptors, receptacles or cords that the equipment requires, as well as network cables dd. Universal print driver option
ee. Power surge device per piece of equipment
ff. Each MDC shall have a non-resettable counter built into the machine for audit and accounting purposes
gg. The payroll check printer must meet the following requirements:
• HP Brand Black/White Laser Jet Networked Printer.
• High Speed USB Port.
• HP PCL 5e/6 Personality or Language Installed.
• Automatic Duplexing Included and Enabled.
• Minimum Memory - 1024MB.
• Minimum of 80 Internal TrueType Scalable Fonts (80 HP Font Set.) • Minimum of 2 Full Input Trays (Manual Feed Tray not usable.) • MICR toner cartridge.

ATTACHMENT D
ITEM 14
9 hh. Wastewater Treatment Plant (4200 Morgan Rd.) replacement copier: desktop copier, dimensions 1.5’x1.5’ with a minimum print speed of 25 ppm. Features to include fax, copy, scan and print 2-sided
ii. Police Department (2727 Third St.) Replacement Copier: minimum print speed of 40-45 ppm. Features to include copy, scan and print 2-sided

Optional Accessories/Requests:
a. 3,000 sheet paper feeder/drawer (City Hall and Annex) b. Staple without a staple
c. Follow me print
d. Watermarks, page numbering, etc.

Evaluation of Proposals
The evaluation criteria will include the following:

Evaluation Criteria
Proposals shall be evaluated using the five categories listed below. The evaluation criteria for the award of the contract will be weighted as follows. A score of one through ten will be assessed in each category, and then weighted according to the percentage assigned to each category. The following represent the principal selection criteria, which will be considered during the evaluation process:

Firm’s Qualifications, Experience, and References (15%) Experience in performing work of a closely similar nature and size; experience working with public agencies; strength, stability, experience, and technical competence; assessment by client references.

Personnel and Staffing (10%)
Qualifications and experience of proposed personnel for requested services.

Work Plan (10%)
Depth of supplier’s understanding of City’s requirements; overall quality and logic of work plan.

Price Structure (60%)
Reasonableness and competitiveness of the costs proposed.

Quality and Responsiveness of the Proposal (5%)
Completeness of response in accordance with the RFP instructions.

Final Comments
The City reserves the right to reject any and all proposals, cancel all or part of this RFP, waive any minor irregularities, and to request additional information from proposing suppliers. By requesting proposals, the City is in no way obligated to award a contract or pay expenses of the proposing companies in connection with the preparation or submission of a proposal. The decision to award a contract will be based on many factors including, but not limited to, service, cost, financial strength, and innovation. No single factor, such as cost, will determine the final decision to award. The City appreciates the

ATTACHMENT D
ITEM 14
10 efforts of all the companies and their respective staff in responding to the Request for Proposals.

ATTACHMENT D
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: November 25, 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, Accepting and Appropriating Funding from City of Turlock Fire Department ($67,900.00), Stanislaus Consolidated Fire Protection District ($67,900.00), City of Modesto Fire Department ($67,900.00), Yosemite Community College District ($250,000 .00), and County Regional Fire Authority ($325,000.00) for the Fire Training Facility Tactical Tower in the Amount of $ 778,700.00 and Appropriating an Additional
$131,358.20 for Contingency and Construction Support Services RECOMMENDED COUNCIL ACTION:

Staff recommends that the City Council adopt a resolution to accept and appropriate funding from City of Turlock Fire Department ($67,900 .00), Stanislaus Consolidated Fire Protection District ($67,900 .00), City of Modesto Fire Department ($67,900 .00), Yosemite Community College District ($250,000 .00), and County Regional Fire Authority ($325,000 .00) for the Fire Training Facility Tactical Tower in the total amount of $778,700 .00 and appropriating an additional $131,350.20 for contingency and construction support services.

I. BACKGROUND:

At the June 10, 2024, City Council Meeting, the Construction Contract for the Fire Training Facility Tactical Tower was awarded to American Fire Training Systems Inc . In order to fully fund the contract additional funds from different agencies w ere needed. Additional funds are also needed to fund a 10% contingency and construction support services .

Should council choose not to approve this item, the City of Ceres will not be able to fund the construction contract.

II. REASONS FOR RECOMMENDATION:

This project consists of installing a Regional Fire Training Facility at the former location of Ceres Fire Station No. 3 located at 420 Service Road. Various local fire departments and training programs will be able to utilize the Tactical Tower for training purposes. The ITEM 15
Tactical Tower will be 4 levels of large shipping containers and include features such as grapple walls, staircases, vent and enter windows, and utility standpipe connections. funding will be provided by six different sources.

III. FISCAL IMPACTS:

The following funds should be appropriated to the project:
$778,700.00 – 26395.800500(2521)
$131,358.20 – 49995.800500(2521)
A budget amendment is necessary to fund the project in the amount of $778,700.00 added to account number 2 6395.800500(2521) and $ 131,358.20 added to account number 49995.800500(2521).

IV. EXISTING POLICY/RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the Fifth Priority of the Strategic Plan to ensure the City has helpful, well trained, properly equipped, and sufficient staff who partners with other public agencies to provide efficient services.

V. POLICY ALTERNATIVES:

The City Council can choose to direct staff to reject the funds and cancel the project.

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department and Fire Department.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

This project is a CEQA Categorical Exemption as per Section 15301 and 15311.

IX. STEPS FOLLOWING APPROVAL:

The Finance Director accepts the funds and makes the appropriate accounting entries to fund the project and agreement(s).

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

1. Attachment A – Resolution

2. Attachment B – Budget Amendment
ITEM 15

ATTACHMENT A
RESOLUTION NO. 2024-XXX

ACCEPTING AND APPROPRIATING FUNDING FROM CITY OF
TURLOCK FIRE DEPARTMENT ($67,900.00), STANISLAUS
CONSOLIDATED FIRE PROTECTION DISTRICT ($67,900.00), CITY OF MODESTO FIRE DEPARTMENT ($67,900.00), YOSEMITE COMMUNITY COLLEGE DISTRICT ($250,000.00), AND COUNTY REGIONAL FIRE AUTHORITY ($325,000.00) FOR THE FIRE TRAINING FACILITY
TACTICAL TOWER IN THE AMOUNT OF $778,700.00 AND
APPROPRIATING AN ADDITIONAL $131,358.20 FOR CONTINGENCY

AND CONSTRUCTION SUPPORT SERVICES

THE CITY COUNCIL
City of Ceres
WHEREAS, the project for the for-Fire Training Facility Tactical Tower Project was programmed in the Capital Improvement Program; and
WHEREAS, the City accepts $67,900.00 from City of Turlock Fire Department, and appropriates said funds to account 26395.800500(2521), for the Fire Training Facility Tactical Tower Project; and
WHEREAS, the City accepts $67,900 .00 from City of Modesto Fire Department, and appropriates said funds to account 26395.800500(2521), for the Fire Training Facility Tactical Tower Project; and
WHEREAS, the City accepts $67,900.00 from Consolidated Fire Protection District, and appropriates said funds to account 26395.800500(2521), for the Fire Training Facility Tactical Tower Project; and
WHEREAS, the City accepts $250,000 .00 from Yosemite Community College District, and appropriates said funds to account 26395.800500(2521), for the Fire Training Facility Tactical Tower Project; and
WHEREAS, the City accepts $325,000.00 from County Regional Fire Authority, and appropriates said funds to account 26395.800500(2521), for the Fire Training Facility Tactical Tower project; and
WHEREAS, a budget amendment in the amount of $778,700.00 will be appropriated to account number 26395.800500(2521); and
WHEREAS, a budget amendment in the amount of $131,358.20 will be appropriated to account number 49995.800500(2521); and
ITEM 15

ATTACHMENT A
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept and appropriate funding from City of Turlock Fire Department ($67,900.00), Stanislaus Consolidated Fire Protection District ($67,900 .00), City of Modesto Fire Department ($67,900 .00), Yosemite Community College District ($250,000.00), and County Regional Fire Authority ($325,000.00) for the Fire Training Facility Tactical Tower in the amount of $778,700 .00 and appropriates an additional $131,358.20 for contingency and construction support services.

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 25th day of November 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 15
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 15
ITEM 15

COUNCIL AGENDA REPORT

Resolution No. 2024- XXX, Approving a New Service Program Offered by Bertolotti Disposal and Authorizing the U se of Available Illegal Disposal Collection Fees that are Collected by Bertolotti in the F ranchised Rate Revenue Payments to
Supplement a Portion of the Program Costs
RECOMMENDED COUNCIL ACTION:

Staff recommends that City Council approve a new service program offered by Bertolotti Disposal and authorize the use of available illegal disposal collection fees that are collected by Bertolotti in the franchised rate revenue payments to supplement a portion of the program costs.

BACKGROUND:

In 2020, Council approved a rate adjustment for garbage service fees to fund the addition of an organics collection service, as mandated by Senate Bill 1383. Concurrently, additional programmatic revisions were made to the franchise agreement with Bertolotti Disposal to reflect the new service structure changes. Among these was the revision of the Leaf & Limb program schedule from year -round to a 3-month seasonal service from October 1st to January 9th each year.

At the July 22, 2024, City Council meeting, staff was directed to explore ways with Bertolotti Disposal to expand the seasonal leaf and limb collection program without impacting service rates and to determine the actual costs of service provision. On October 14
th, staff proposed a new service option that would provide a method for residents to dispose of large amounts of green waste debris , during the program’s off - season months from January 10th through September 31st, for seasonal pruning activities in which the 90-gallon organics cart does not provide sufficient space. The service would provide a 2- yard bin delivered to the customer for a one- week duration, solely for the collection of green (yard) waste at a cost to the customer of forty -five dollars ($45). The full cost of this service is one hundred dollars ($100); however, the remaining fifty-five ITEM 16

dollars ($55) would be compensated through the illegal disposal fees that are built into the new rate structure implemented in 2020.

The program would be administered through Bertolotti as a separate service with the City helping to promot e the program through regular outreach channels, similar to how the Bulky Item collection service is managed. Program services would be facilitated through Bertolotti and not part of the City’s garbage collection services. Bertolotti would provide weekly records of scheduled bin deliveries to the City for record keeping and program tracking purposes only. Further, Bertolotti will continue to provide the illegal disposal pick- up services and have confirmed the new service offering will not impact this program as it currently operates. Christmas tree curbside collection service will also continue through January 9
th each year, at the end of the seasonal leaf and limb program.

II. REASONS FOR RECOMMENDATION:

During seasonal pruning activities, the 90-gallon organics cart is often insufficient for large amounts of yard waste and an alternate disposal option is necessary to avoid leaf & limb program violations.

III.

FISCAL IMPACTS:

There is no additional cost to support the service addition as it will be administered by Bertolotti Disposal and no monetary transactions would be facilitated through the City.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

Council may elect not to support the new service installation and not redirect a portion of the illegal disposal monies collected by Bertolotti each month to perform collection services. Council may also choose to extend leaf and limb program duration for 3 additional months until March 31
st of every year at the additional cost of $94,000. Neither of these options are recommended due to the first option leaving residents without a disposal method for leaf and limb debris during the program’s off-season months, and the former option likely requiring a rate increase in order to cover the added program costs.

VI . INTERDEPARTMENTAL COORDINATION:

Public Works staff worked with Bertolotti Disposal to develop an alternate solution for off- season leaf & limb disposal and received budget and financial advisement from the Finance Department.

VII. PUBLIC PARTICIPATION:

Community members were included in the presentation’s discussion at the City Council meeting on October 14, 2024.

VIII. ENVIRONMENTAL REVIEW:

N/A
ITEM 16

IX. STEPS FOLLOWING APPROVAL:

The City and Bertolotti will engage in outreach activities to inform residents of the available service. Bertolotti will begin offering services on January 10 th through September 31, 2025 and continue on the same schedule every year following.

Approved by: ______________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A - Resolution

ITEM 16
ITEM 16

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING A NEW SERVICE PROGRAM OFFERED BY BERTOLOTTI

DISPOSAL AND AUTHORIZING THE USE OF AVAILABLE ILLEGAL

DISPOSAL COLLECTION FEES THAT ARE COLLECTED BY BERTOLOTTI

IN THE FRANCHISED RATE REVENUE PAYMENTS TO SUPPLEMENT A

PORTION OF THE PROGRAM COSTS

THE CITY COUNCIL
City of Ceres

WHEREAS, the City’s Leaf & Limb collection program runs annually for three months from October 1st to January 9th each year; and

WHEREAS, during the leaf & limb program’s off-season duration, the 90-gallon organics cart is often insufficient for large amounts of yard waste and an alternate disposal option is necessary for residents; and

WHEREAS, extending the leaf & limb collection schedule would significantly increase program costs and require the City to increase service rates to fund the added expense; and

WHEREAS, Bertolotti Disposal has proposed a new service that would be facilitated through Bertolotti and not part of the City’s garbage collection services; and

WHEREAS, additional costs to offer the new service would be supplemented through the illegal disposal fees that are built into the new rate structure that was implemented in 2020; and

WHEREAS, Bertolotti will continue to provide the illegal disposal pick -up services and have confirmed the new service offering will not impact this program as it currently operates.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a new service program offered by Bertolotti Disposal and authorizes the use of available illegal disposal collection fees that are collected by Bertolotti in the franchised rate revenue payments to supplement a portion of the program costs.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25
th day of November 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

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: November 25, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Delilah Vasquez, Director of Human Resources
[email protected], (209) 538-5772
SUBJECT: Resolution No. 2024- XXX, Approving an Amendment to the City Manager Employment Agreement and Authorizing the Mayor to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve a resolution approving an amendment to the city manager employment agreement and authorizing the Mayor to execute the employment agreement.

I. BACKGROUND:

The City negotiated successor agreements with council approval on June 24, 2024, and August 12, 2024, with all five labor organizations for a term of one year. The agreements included an increase to the health benefit contributions effective January 1, 2025, and the elimination of the $1,200 annual contribution to a flexible spending account. The $1,200 annual contribution previously applied to a flexible spending account will now be applied to the monthly health benefit contribution plus an additional $30.00 per month for an employee plus one and an additional $60.00 per month for employee plus family. The City shall contribute the following amounts toward the combined premiums for medical, dental, and vision on a semi-monthly basis (24 pay period). The City’s contribution shall not exceed the actual premiums, or the contribution amounts listed below, whichever is less.

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

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

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

ITEM 17
The successor agreements included an 8% salary increase for all five labor organizations.

The salary increase was also approved by council f or all Department Heads except the City Manager on June 18, 2024, as part of the Annual Budget for the City of Ceres for Fiscal Year 2024/2025. Staff recommends an amendment to the City manager’s contract to reflect the same 8% salary increase.

II. REASONS FOR RECOMMENDATION:

The City Manager was appointed on an interim capacity on May 9, 2023. The City conducted a competitive recruitment and Douglas Dunford was selected as the most qualified candidate for the position of City Manager on December 11, 2023. The City Manager has satisfactorily performed the duties and responsibilities outlined in his agreement since his appointment without any salary increases offered to other city staff.

The City Manager received his annual evaluation and eligible to negotiate and amend the terms and conditions of his employment agreement. The City Manager has requested to increase the lump sum cash payment “severance” an amount equal to an additional one month in Section 7.1 (a) of the agreement (attachment C) not to exceed five (5) months aggregate salary if termination takes place in the first through the end of the second year of the Agreement.

Approving the amendment to the City Manager agreement will provide parity for the City’s contribution to the monthly health benefits contribution and salary increase provided to all city staff . The amendments will also assist the city in remaining competitive in a challenging job market and reward the accomplishments achieved.

III. FISCAL IMPACTS:

The estimated cost to the city is approximately $9,800 for Fiscal Year 2024/2025.

Funding for this recommendation is included in the Fisal Year 2024/2025 budget.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

Council may reject all or part of the proposed recommendations.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC P ARTICIPATION:

N/A
VIII. ENVIRON MENTAL REVIEW:

N/A

ITEM 17
IX. STEPS FOLLOWING APPROVAL:

Following Council approval, the parties will execute the agreement with an effective date immediately following Council approval.

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

1. Attachment A – Resolution

2. Attachment B – Amended City Manager Employment Agreement

3. Attachment C - City Manager Employment Agreement
ITEM 17
ITEM 17

ATTACHMENT A
RESOLUTION NO. 2024-XXX
APPRO

VING AN AMENDMENT TO THE CITY MANAGER

EMPLOYMENT AGREEMENT AND AUTHORIZING THE MAYOR TO

EXECUTE THE AGREEMENT
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, the City of Ceres increased the City’s monthly health benefit contributions effective January 1, 2025, for all represented staff on June 24, 2024, and August 12, 2024, and eliminated the annual $1,200 flexible spending contribution; and W
HEREAS, The City shall contribute the following amounts toward the combined premiums for medical, dental, and vision on a semi -monthly basis (24 pay periods) and eliminate the $1.200 annual flexible spending contribution. The City’s contribution shall not exceed the actual premiums, or amounts listed, whichever is less. The contributions amount of $405 semi -monthly ($810 monthly) for employee- only, $800 semi -monthly ($1,600 monthly) for employee plus one, and $1,125 semi -monthly ($2,250 monthly) for employee plus family (more than one dependent) medical coverage; and W
HEREAS, upon further review of the agreement, staff recognized the need to amend the terms related to the health benefits contribution of unrepresented staff for parity of all City staff; and
W
HEREAS, upon further review of the agreement, staff recognized the need to amend the City Managers rate of pay to $18,900 per month; and W
HEREAS, upon further review of the agreement, staff recognized the need to increase the City Managers lump sum cash payment “severance” an amount equal to an additional one- month in Section 7.1 (a) of the agreement not to exceed five months’ aggregate salary; and
W
HEREAS, staff recommends revising the City Managers Employment Agreements to include the same monthly health benefit contributions offered to represented employees.

W
HEREAS, the estimated costs to the city for these amendments are included in the Fiscal Year 2024-2025 budget; and
NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an amendment to the City Manager Employment Agreement and authorizes the Mayor to execute the agreement.

PA
SSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25th day of November 2024, by the following vote:

ITEM 17

ATTACHMENT A
AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
______
__________________________
Javier Lopez, Mayor
ATTEST:
______
___________________________
Fallon Martin, City Clerk
ITEM 17

ATTACHMENT B
Amendment No. 1 to
EM

PLOYMENT AGREEMENT
For the Position of
City Manager
T
his Amendment No. 1 is made and entered into by and between the City of Ceres, State of California, a municipal corporation, hereinafter called “ EMPLOYER” and Douglas Dunford , hereinafter called “EMPLOYEE.”

WITNESSETH
WH
EREAS, the EMPLOYER shall increase the Rate of Pay for all services performed by EMPLOYEE as the City Manager under this Agreement; and
W
HEREAS, the EMPLOYER wishes to offer City Manager the same fringe benefits and other terms consistent with the employees that are supervised by the City Manager beginning January 1, 2025; and
W
HEREAS, the EMPLOYER shall increase the monthly health benefits contribution as listed below and eliminate the other voluntary benefit of $1,200 annually to a flexible spending account; and
W
HEREAS, the EMPLOYER shall increase the severance outlined in Section 7.1 (a) by an additional one month’s aggregate salary, not to exceed five (5) months outlined in 7.1 (a); and N
OW THEREFORE, in consideration of the mutual covenants contained herein, the EMPLOYER and EMPLOYEE agree as follows:

1. S
ection 5 Compensation.

5.1 R
ate of Pay. For all services performed by EMPLOYEE as the City Manager under this Agreement, City shall pay EMPLOYEE an annual salary of Two Hundred Twenty- Six Thousand and Eight Hundred Dollars ($226,800) per year, which equals Eighteen Thousand Nine Hundred Dollars ($18,900) per month and One Hundred Nine Dollars and Four Cents ($109.04) per hour.

2. S
ection 6 Benefits shall be amended to read as follows:

6.2 Health and Welfare Plan

1. EMPLOYEE must enroll in an available City medical plan unless he opts out. In order to opt out, EMPLOYEE must provide the following:
a. P roof that the EMPLOYEE and all individuals for whom EMPLOYEE intends to claim a personal exemption deduction for the taxable year or years that begin or ITEM 17

ATTACHMENT B
end in or with the EMPLOYER’S plan year to which the opt out applies (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and
b. EMPLOYEE must sign an attestation that EMPLOYEE and his/her tax family have or will have such minimum essential coverage for the opt out period.

EMPLOYEE must provide the attestation every plan year at open enrollment.

2. Th
e EMPLOYER shall contribute the following amounts toward the combined premiums for medical, dental and vision on a semi- monthly basis (24 pay periods).

The EMPLOYER’S contribution shall not exceed the actual premiums, or the contribution amounts listed below, whichever is less. EMPLOYEE shall be responsible for the balance of premiums, if any.
a. $405 sem i-monthly ($810 monthly) for EMPLOYEE enrolled EMPLOYEE-Only medical coverage.
b. $800 sem i-monthly ($1,600 monthly) for EMPLOYEE enrolled in EMPLOYEE + 1 medical coverage.
c. $1,125 semi-monthly ($2,250 monthly) for EMPLOYEE enrolled in EMPLOYEE + Family (more than one dependent) medical coverage.

3. Th e City shall pay one hundred percent (100%) of the dental and vision premiums for EMPLOYEE who waives medical coverage.

4. E MPLOYEE who waives medical coverage shall receive $100 semi -monthly ($200 monthly) taxable compensation.

5. T he City shall continue a Section 125 program for pre -tax deductions for the EMPLOYEE share of medical, dental and vision insurance premiums.

6. B enefits shall stop at the end of the month when City employment is ended for any reason. All coverage, except as required to be offered or extended under federal and state law, shall end.

There is no responsibility on the part of the City to pay, either in money or premiums, any remaining City or EMPLOYEE obligations beyond the month of termination of EMPLOYEE’S employment.

Cash payment for medical waivers will be paid only through the end of the m onth in which EMPLOYEE’S employment terminated. Such payment will be included in EMPLOYEE’S final pay received from the City.

Any outstanding premiums required to continue benefits through the end of the month of EMPLOYEE’S termination of City employment will be withheld from the ITEM 17

ATTACHMENT B
final pay received from the City.

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

3. 6.11 Other Voluntary Benefits
This section is stricken in its entirety as part of this Amendment No. 1.

4. 7.1 T
ermination
I
n the event EMPLOYEE'S employment and this Agreement are terminated by CITY during such time that EMPLOYEE is willing and able to satisfactorily perform the duties required under this Agreement (i.e., other than "for cause" as defined below), CITY agrees to pay EMPLOYEE a lump sum cash payment ("Severance") as follows:
a. An amount equal to five (5) months' aggregate salary if termination takes place in the first through the end of the second year of this Agreement.

A
ll other terms and conditions set forth in Section 7.1 remain in full force and effect.

D
ated: November ______, 2024 Dated: November ______, 2024 C

ITY OF CERES, EMPLOYER
B
y: ______________________ __________________________
Javier Lopez, Mayor Douglas D. Dunford, EMPLOYEE
AP
PROVED AS TO FORM: ATTEST:
________________________
___________________________
Nubia Goldstein Fallon Martin, City Clerk
City Attorney (Seal)
Reso. 2024-xxx
ITEM 17
ITEM 17
RESOLUTTON NO. 2023-155

RATIFYING THE APPOINTMENT AND APPROVING AN

EMPLOYMENT AGREEMENT WITH DOUGLAS DUNFORD FOR THE

POSITION OF CITY MANAGER

THE CITY COUNGIL
City of Ceres
WHEREAS, the City Manager position has been vacant since May 23,2022; and WHEREAS, Council appointed Douglas Dunford as Interim City Manager pending the outcome of a competitive recruitment; and
WHEREAS, the recruitment process to fill the position of City Manager has been concluded; and
WHEREAS, City Council selected Douglas Dunford for the position of City Manager; and
WHEREAS, the Employment Agreement has been negotiated with Douglas Dunford, which sets forth the rights, duties and obligations of the parties, a copy of which Agreement is attached hereto as Exhibit "A" and incorporated herein by reference.

NOW, THEREFORE, BE lT RESOLVED that the City Council of the City of Ceres does hereby ratify the appointment and approve an employment agreement with Douglas Dunford for the position of City Manager.

BE lT FURTHER RESOLVED the City Council of the City of Ceres approves an Employment Agreement with Douglas Dunford to serve as city Manager.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 11th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN
ATTEST:
'-/',arl,l,,-oln t.,l^g.)f\^
Councilmembers: Casey, Martinez, Silveira, Vierra & Mayor Lopez Councilmembers: None
Councilmembers: None
Councilmembers: None
Fallon Martin, City Clerk
ITEM 17

ATTACHMENT C

EMPLOYMENT AGREEMENT
for the Position of

CITY MANAGER
THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into by and between the City of Ceres, a California municipal corporation ("CITY") and Douglas Dunford, an individual ("DUNFORD"). CITY and DUNFORD may individually be referred to herein asooParty" or collectively as "Parties." There are no other parties to this Agreement.

RECITALS
WHEREAS, CITY desires to employ DUNFORD as its City Manager, to carry out the duties and responsibilities of City Manager as provided for by the Ceres Municipal Code, in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement.

WHEREAS, DLINFORD desires to accept employment as City Manager in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement.

WHEREAS, the Parties desire to execute this Agreement pursuant to the authority of and subject to the provisions of the California Government Code section 53260.

NOW THEREFORE, in consideration of the mutual promises herein contained, CITY and DUNFORD agree as follows:

AGREEMENT
Section 1. Recitals. The recitals set forth above are incorporated herein by this reference and made a part of this Agreement. In the event of any inconsistencies between the Recitals and Sections I through 12 of this Agreement, Sections 1 through 12 will prevail.

Section 2. Effective Date. This Agreement shall become effective once executed by both CITY and DUNFORD ("Effes!ivg_Dgt9").

Section 3. Appointment of Citv Manager. Duties. and Term.

3.1. Appointment. DUNFORD accepts employment with CITY as its City Manager and shall perform all functions, duties, and services set forth in Section 3.3 [Duties] of this Agreement.

3.2 Term. DLTNFORD shall commence the performance of his duties as the City Manager at 8:00 A.M. on December 12,2023 ("Effective Date") and shall continue for a term of five (5) years ("Term"). This Agreement shall expire on December 11, 2028, unless terminated earlier pursuant to Section 7 [Termination] of this Agreement. No later than six (6) months prior to the expiration of this Agreement, the City shall provide written notice to DUNFORD as to whether CITY intends to extend or renegotiate this Agreement. If the Agreement is to be renegotiated, then negotiations shall commence no later than five (5) months prior to the expiration of the existing Agreement.

3.3. Duties. DUNFORD shall serve as the City Manager and shall for the Term of the Agreement set forth in Section 3.2,be vested with the powers, duties, and responsibilities of the City Manager as set forth in the Ceres Municipal Code, which is incorporated herein by reference. {cwl34se3.7} I
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DUNFORD shall provide services at the pleasure of the City Council. The City Manager shall keep the City Council fully apprised of all significant ongoing operations of CITY. DUNFORD shall function as the Chief Executive Officer of the CITY, will report directly to the City Council and will periodically, or as may be otherwise specifically requested by the City Council, provide status reports to the City Council on his activities and those of CITY. DUNFORD shall provide such other services as are customary and appropriate to the position of City Manager, including attending after hour City and/or community events, together with such additional services assigned from time to time by the City Council as may be consistent with Califomia law and the Ceres Municipal Code.

DLINFORD shall devote his best efforts and attention to the performance of these duties.

3.4. Secondary Employment. DUNFORD shall not hold secondary employment or engage in activities which conflict with or present the appearance of or possibility of conflicting with, CITY'S legitimate business interests. As such, DUNFORD agrees that DLINFORD will notifr the City Council in writing if DUNFORD wishes to accept secondary employment, with sufficient advance notice to allow the City Council to determine whether there is the appearance of; or an actual conflict or potential conflict with the satisfactory performance of DUNFORD'S duties andlor the best interest of CITY. Should the City Council make such a determination, DUNFORD agrees that DUNFORD will forgo the proposed secondary employment. Notwithstanding the foregoing, DTINFORD shall have the right to volunteer for such nonprofit organizations as he may see fit, provided that such volunteer services shall not interfere with his duties on behalf of CITY.

3.5. Exempt Employee. The general business hours for CITY employees are Monday through Friday, 8:00 A.M. to 5:00 P.M. However, it is recognized by the Parties that DUNFORD is an exempt employee for purposes of the Fair Labor Standards Act (29 U.S.C., $ 201 et seq.).

DUNFORD acknowledges that he does not have set hours of work and is expected to be reasonably available at all times and work such hours as may be necessary to fully accomplish his duties. As such, DUNFORD shall not receive overtime or extra compensation for hours worked outside of CITY'S general business hours which are necessary to fulfill the duties of the City Manager, unless otherwise provided in this Agreement. DUNFORD agrees to be reachable by telephone for consultation and advice when he is not physically present and working in CITY. DUNFORD also agrees to respond to CITY for emergency situations.

Section 4. At Will.

DUNFORD acknowledges that he is an at-will employee of CITY who shall serve at the pleasure of the City Council at all times during the period of his service hereunder. The terms of CITY'S personnel rules, policies, regulations, procedures, ordinances, and resolutions regarding City administrative personnel (collectively "Personnel Policies"), as they may be amended or supplemented from time to time, shall not apply to DUNFORD, unless otherwise required by law.

Nothing in this Agreement is intended to, or does, confer upon DUNFORD any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City Council to terminate his employment, except as expressly provided for in Section 3.2 [Term] or Section 7 [Termination] of this Agreement.

Section 5. Compensation.

5.1. Rate of Pay. For all services performed by DTINFORD as the City Manager under this Agreement, CITY shall pay DUNFORD an annual salary of Two Hundred Ten Thousand Dollars ($210,000.00) per year, which equals Seventeen Thousand Five Hundred Dollars ($17,500.00) per {cw134s93.7} 2
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month and One Hundred Dollars Ninety-Six Cents ($100.96) per hour

5.2. Reimbursement. DUNFORD shall be provided with a car allowance of Four Hundred Dollars ($400.00) per month, which the Parties agree is reasonable compensation for automobile expenses in the course and scope of employment. CITY shall also reimburse DUNFORD for other reasonable and necessary travel and other business expenses incurred by DUNFORD in performance of his duties. All reimbursement shall be subject to and in accordance with California law and applicable CITY reimbursement policies.

Section 6. Benefits.

6.1 Term Life Insurance. DUNFORD shall receive a CITY paid term life insurance policy having a face policy value of Fifty Thousand Dollars ($50,000.00). CITY reserves the right to provide this life insurance through a self-insured plan or under a group insurance policy or policies issued by an insurance company or insurance companies selected by CITY.

6.2 Health and Welfare Plan. DUNFORD must effoll in an available CITY medical plan unless he opts out. In order to opt out, DUNFORD must provide the following:
a. Proof that DLINFORD and all individuals for whom DUNFORD intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the CITY'S plan year to which the opt out applies ("tax family"), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (ooopt out period"); and
b. DUNFORD must sign an attestation that DUNFORD and his tax family have or will have such minimum essential coverage for the opt out period. DLINFORD must provide the attestation every plan year at open enrollment.

CITY shall contribute the following amounts toward the combined premiums for medical, dental, and vision on a semi-monthly basis (24 pay periods). CITY'S contribution shall not exceed the actual premiums, or the contribution amounts listed below, whichever is less. DUNFORD shall be responsible for the balance of premiums, if any.
a. $355 semi-monthly ($710 monthly) for DUNFORD enrolled in DIINFORD-OnIy medical coverage.
b. $735 semi-monthly ($1,470 monthly) for DUNFORD enrolled in DUNFORD + 1 medical coverage.
c. $1,045 semi-monthly ($2,090 monthly) for DUNFORD enrolled in DUNFORD + Family (more than one dependent) medical coverage.

CITY shall pay one hundred percent (I00%) of the dental and vision premiums for DUNFORD, if he opts out and waives medical coverage. Should DLINFORD opt out and waive medical coverage, he shall receive $100 semi-monthly ($200 monthly) taxable compensation. CITY shall continue a Section 125 program for pre-tax deductions for DUNFORD'S share of medical, dental, and vision insurance premiums. Benefits shall stop at the end of the month when City employment is ended J1cw134593.7\
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for any reason. All coverage, except as required to be offered or extended under federal and state law, shall end.

There is no responsibility on the part of CITY to pay, either in money or premiums, ffiy remaining CITY or DUNFORD obligations beyond the month of termination of DUNFORD'S employment.

Cash payment for medical waivers will be paid only through the end of the month in which DUNFORD'S employment terminated. Such payment will be included in DUNFORD'S final pay received from CITY. Any outstanding premiums required to continue benefits through the end of the month of DLINFORD'S termination of City employment will be withheld from the final pay received from CITY.

CITY retains the discretion to select the City plan(s) each year. In the event CITY makes changes to the plan selection, DUNFORD will receive advance notice and an opportunity to discuss concems regarding the changes.

6.3 Sick Leave & Sick Leave Conversion. Sick leave accumulation for DUNFORD shall be one day (8 hours) per month for twelve (12) days per year (3.69 hours) earned per pay period.

Sick leave accumulation is unlimited. If DUNFORD has not taken more than thirty-six (36) hours of sick leave during the twelve (12) month period beginning the first pay period in January and ending the second pay period in December of each year, DUNFORD shall be entitled to convert up to twenty-four (24) hours of unused sick leave to pay or leave with pay (1:1 ratio), provided thatat no time shall DUNFORD'S sick leave balance fall below one hundred ninety-two (192) hours.

Accumulated sick leave shall be paid to DLINFORD at fifty percent (50%) of the accumulated balance upon retirement from City service at DUNFORD'S current base hourly rate at time of retirement ("Retirement Cash-Out Amount").
a. For the pu{pose of this section, the term ooretirement" is defined, understood, and intended to mean, DI-INFORD'S separation from employment with CITY at a time when DUNFORD qualifies for pension benefits through the 1937 Act Retirement System, concurrent with the filing of an application by DUNFORD for retirement benefits and subsequent notification by the administrators of the 1937 Act Retirement System of approval of the application and the right of DI-INFORD to commence receipt of current benefits from the retirement system. Discontinuance of paid work for CITY under any circumstances other than defined herein, or election by DUNFORD for deferral of retirement payments, are not considered as "retirement" for eligibility to receive payment for a portion of any unused sick leave benefit as stated herein. b. CITY agrees to implement upon retirement a retiree health savings plan administered by a provider selected by CITY.
c. Upon retirement, DUNFORD shall have the option of: 1) being paid all or any portion of the Retirement Cash-Out Amount; 2) contributing all or any portion of the Retirement Cash-Out Amount to a Retiree Health Savings account; 3) contributing all or any portion of the Retirement Cash-Out Amount to deferred compensation account; or 4) any combination of the foregoing.

6.4Yacation & Vacation Conversion. In recognition of DUNFORD'S years of experience in city management, DUNFORD shall accrue twenty (20) vacation days per year from {cwl34se3.7} 4
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the inception of his employment as City Manager and shall be credited with ten (10) days accrued vacation as of the Effective Date of this Agreement. Beginning on December 24,2023, DUNFORD shall accrue 6.15 hours of vacation per pay period (20 days annually) through the end of his fifth year of continuous employment as City Manager.

Maximum vacation accumulation shall be four hundred eighty (480) hours. If DLTNFORD reaches the 480 hours maximum vacation accumulation, he shall not accrue additional vacation hours until some vacation time is used. Accrual of vacation hours shall resume once the balance is reduced through time off. Pay-out of accumulated vacation hours at separation of service shall be limited to 480 hours. DUNFORD may convert per fiscal year up to forty (40) hours of vacation leave to be accrued in the coming fiscal year into cash, so long as DUNFORD irrevocably elects to convert the amount of vacation leave at least twelve (12) months prior to the conversion. Payment will be at DUNFORD'S current hourly rate of pay (1:1 ratio).

6.5 Conversion of Leave to Deferred Compensation Account. DUNFORD shall be given the opportunity to convert forty (40) hours per fiscal year of a combination of sick and/or vacation leave to DUNFORD'S individual deferred compensation account.

6.6 Management Leave. DUNFORD shall receive hfteen (15) management leave days (120 hours of leave) per fiscal year, including the current fiscal year. Management leave must be used during the fiscal year in which it is earned and is not accumulative. Carryover of unused management leave days into the subsequent fiscal year may be allowed only upon prior written approval of the City Council.

6.7 Holidays. DUNFORD shall receive such paid City holidays as are granted to the Mid- Managers' Bargaining Group.

6.8 Bereavement Leave. DUNFORD shall be entitled to take up to five (5) scheduled workdays of bereavement leave in the event of death of a family member as defined by the California Family Rights Act-which includes a parent, child, grandparent, grandchild, sibling, spouse, registered domestic partner, parent-in-law, or other "designated person"-ss well as a sibling, parent, or grandparent of DUNFORD'S spouse or registered domestic partner. DUNFORD shall be entitled to bereavement leave with pay as follows:
a. DUNFORD shall be entitled to leave with pay for a maximum of five (5) scheduled workdays in the event of the death of the DUNFORD'S spouse, registered domestic partner, or children.
b. DUNFORD shall be entitled to leave with pay for a maximum of three (3) scheduled workdays, in the event of the death of the DUNFORD'S parents, siblings, or grandchildren. c. DUNFORD shall be entitled to leave with pay for a maximum of one (1) scheduled workday in the event of the death of DUNFORD'S brother or sister by marriage or domestic partnership, parents by marriage or domestic partnership, and grandparents of DUNFORD or by marriage or domestic partnership.

Additional bereavement time may be granted but paid from DUNFORD'S accrued vacation or management leave time upon request from DUNFORD and approval by the City Council. CITY reserves the right to request proof of the death of the deceased and DUNFORD'S relationship to 5{cwr34593.7}
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the deceased.

6.9 Retirement System and Contribution. CITY shall provide DUNFORD enhanced retirement benefits pursuant to the formula outlined in Government Code Section 31676.14 commonly known as "2Yo at 55." DLINFORD shall pay one hundred percent (100%) of DUNFORD'S contribution into the 1937 Act Stanislaus County DUNFORD'S Retirement System.

Said contribution shall be vested in DUNFORD'S name as permitted under the rules and regulations of the Act.

6.10 Professional Development. As an incentive for furthering individual, professional, and managerial growth by DIINFORD, CITY will annually budgetNine Hundred Dollars ($900.00) for DUNFORD in the interest of promoting and supporting DLINFORD'S professional development. Independent of, supplemental to, and not to be used as a substitution for or in conjunction with other budgeted City funds for training or conferences, this beneht may be used to assist in the payment of expenses for DUNFORD to attend a national or international professional conference associated with or related to DUNFORD'S profession and responsibilities with CITY, enrollment in pertinent management training courses, enrollment in academic/educational classes or curriculum relative to City employment, and/or payment for applicable tuition, books, or reference resources. Acquisition of computer hardware, computer software, or other technological equipment may be allowed, provided it is for DUNFORD'S individual use and benefit in the course of performing DUNFORD'S employment responsibilities and the purchase(s) remain the property of the CITY.

DUNFORD shall obtain the City Council's wriffen approval of the intended use of said professional development funds prior to each encumbrance or expenditure. The annual allocation of funds for this purpose may be ca:ried over into one (l) subsequent fiscal year. No portion of these monies shall be provided to DUNFORD for cash purposes or as additional compensation.

6.11 Other Voluntary Benefits. Through a Section 125 program and effective with the plan year beginning January l, 2024, CITY shall provide DIINFORD a One Thousand Two Hundred Dollar ($1,200.00) annual allowance for payment of pretax supplemental insurance premiums, and contributions to Flexible Spending Accounts (daycare and unreimbursed medical expenses) or Health Savings Accounts (HSA). The selection of these benefits is voluntary on the part of DUNFORD. The allowance shall be provided on a semi-monthly basis-Fifty Dollars ($50.00) over twenty-four (24) pay periods.

CITY shall continue a Sectionl25 program for pre-tax deductions for DUNFORD'S share of other supplemental insurance premiums, and for Flexible Spending Accounts (daycare and unreimbursed medical expenses) or Health Savings Accounts (HSA). CITY retains the discretion to select the voluntary benefit plans offered to DUNFORD. In the event CITY makes changes to the plan selection, DLTNFORD will receive advance notice and an opportunity to discuss concerns regarding the changes.

6.12 Educational Incentive. In order to promote highly trained and skilled professionals, CITY is willing to provide educational incentive to those individuals who demonstrate their improved education level. Education must be from an accredited college. Should DUNFORD obtain a Master's degree, DUNFORD shall receive an additionalpay incentive of twelve percent (12%). 6{cw134s93.7}
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Section 7. Termination.

7.1. City Termination/Severance. CITY may, with or without cause or prior notice, terminate this Agreement and DLINFORD'S employment with CITY. DLiNFORD shall be provided five (5) days written notice setting forth the reasons for such termination. CITY shall tender DUNFORD all wages due and owing, as well as accrued and unused vacation for all hours worked as of DUNFORD'S last day of employment, in accordance with standard CITY practice, federal or state law, and this Agreement.

In the event DLINFORD'S employment and this Agreement are terminated by CITY during such time that DUNFORD is willing and able to satisfactorily perform the duties required under this Agreement (i.e., other than "for cause" as defined below), CITY agrees to pay DLINFORD a lump sum cash payment ("Severance") as follows:
a. An amount equal to four (4) months' aggregate salary if termination takes place in the first through the end of the second year of this Agreement. b. An amount equal to five (5) months' aggregate salary if termination takes place in the third year of this Agreement.
c. An amount equal to six (6) months' aggregate salary if termination takes place in the fourth or through the end of the fifth year of this Agreement. In no event shall total Severance exceed six (6) months' aggregate salary. For the purpose of this Section 7, the term "aggregate salary" is defined as DUNFORD'S regular gross monthly salary on the date of termination, less all mandatory statutory withholdings.

Any Severance payable under this Agreement shall be contingent on DUNFORD'S signature on a release of all claims in a format satisfactory to CITY and is subject to the restrictions of Govemment Code section 53260 which provides that the maximum cash payment that an employee may receive shall be an amount equal to the monthly salary of the employee multiplied by the number of months left on the unexpired term of the contract, not to exceed eighteen (18) months. Additionally, any cash settlement related to the termination of this Agreement received by DTINFORD from CITY shall be fully reimbursed to CITY if DUNFORD is convicted of a crime involving an abuse of office or position while employed by CITY, pursuant to Government Code section 53243.2. Any Severance shall be paid in the same manner as other employees unless otherwise agreed to by CITY and DUNFORD.

Notwithstanding the foregoing, in the event DUNFORD'S employment is terminated "for cause" CITY shall have no obligation to pay the Severance, nor any portion of it, but shall only be obligated to provide all wages due and owing to DUNFORD at the time of termination, including any accrued unused vacation, promptly in accord with standard City practice. For purposes of this Agreement, oocause" shall be defined as termination resulting from DUNFORD'S conduct which would constitute the basis for disciplinary action under Rule 13.2 of CITY'S Personnel Rules, or any revised or successor rule.

In the event DUNFORD is terminated by the City Council for a reason which has been publicly disclosed and could stigmatize DUNFORD'S reputation or impair his ability to earn a living, DUNFORD may, within seven (7) calendar days of receipt of the notice of termination, make a written request for a 'oname-clearing" hearing (as described in Lubey v. City and County of San {cw134s93.7} 7
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Francisco (1979) and its progeny) before the City Council. Any such "name-clearing" hearing will be held in accordance with CITY's standard procedures and solely to provide DUNFORD an opportunity to clear his name.

7.2. Voluntary Resignation/Retirement. This Agreement may be terminated by DUNFORD for any reason thirty (30) days after providing written notice to CITY of such termination. CITY shall have the option, in its complete discretion, to make DUNFORD'S termination effective at any time prior to the end of such period, provided CITY pays DUNFORD all compensation as set forth in Section 5.1 fRate of Pay] then due and owing through the last day actually worked. If DUNFORD retires from full-time public service with CITY, DUNFORD shall provide ninety (90) calendar days advance written notice. DUNFORD'S actual retirement date will be mutually established between the Parties. During the notice period, unless otherwise set forth in this Agreement, all rights and obligations of the Parties under this Agreement shall remain in fuIl force and effect. Promptly after the effective date of resignation or retirement, CITY shall pay to DUNFORD all salary and benefit amounts accrued and owing under this Agreement.

7.3. Termination Obligations. After notice of resignation or termination, DUNFORD shall cooperate with the City, as requested by CITY, to affect a transition of DUNFORD'S responsibilities and duties and to ensure that CITY is aware of all matters being handled by DUNFORD. Additionally, DUNFORD agrees that all property, including, without limitation, all equipment, tangible Proprietary Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by him in the course of his employment belongs to CITY and shall be returned within forty-eight (48) hours to CITY upon termination or expiration of DUNFORD'S Employment Agreement unless otherwise agreed upon by CITY. DUNFORD'S obligations under this subsection shall survive the termination of his employment and the expiration of this Agreement.

7.4.Proprietary Information. "Proprietary Information" is all information and any idea pertaining in any manner to the business of CITY (or any CITY affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of CITY in the course of his/her employment or otherwise produced or acquired by or on behalf of CITY. Proprietary Information shall include, without limitation, trade secrets, product ideas, inventions, processes, formulae, data, know-how, software and other computer programs, copyrightable material, marketing plans, strategies, sales, financial reports, forecasts, and customer lists. All Proprietary Information not generally known outside of CITY'S organization, and all Proprietary Information known only through improper means, shall be deemed "Confidential Information." During DUNFORD'S employment by CITY, DLINFORD shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is, or maybe, necessary to perform his job responsibilities under this Agreement. Following termination, DUNFORD shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of CITY. DUNFORD'S obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.

Section 8. Indemnification.

Subject to, in accordance with, and to the extent permitted by the Califomia Govemment Claims Act (Government Code section 810 et seq.), CITY will indemniff, defend, and hold DUNFORD harmless from and against any action, demand, suit, monetary judgment or other legal or administrative proceeding, and any liability, injury, loss or other damages, arising out of any act or {cwl34se3.7} 8
ITEM 17
omission occurring during DUNFORD'S tenure as City Manager, except that this provision shall not apply with respect to any intentional tort or crime committed by DUNFORD, or any actions outside the course and scope of his employment as City Manager. CITY shall obtain and keep in full force and effect liability insurance, or risk pool coverage, including errors and omissions coverage on a "per occurrence" basis, in sufhcient amounts to ensure fulfillment of this hold harmless and indemnification clause. In the event CITY provides funds for legal criminal defense pursuant to this Section, DUNFORD shall reimburse CITY for such legal criminal defense funds if DLTNFORD is convicted of a crime involving an abuse of office or position, as provided by Government Code sections 53243 through 53243.4.

Section 9. Abuse of Office/Reimbursement to Citv.

Pursuant to Government Code section 53243, et seq., which became effective on January I,2012,if DUNFORD is convicted of a mime involving an abuse of his office or position, all of the following shall apply: (1) if DUNFORD is provided with administrative leave pay pending an investigation, DUNFORD shall be required to fully reimburse such amounts paid; (2) if CITY pays for the criminal legal defense of DUNFORD (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), DUNFORD shall be required to fully reimburse such amounts paid; and (3) if this Agreement is terminated, any cash settlement related to the termination that DUNFORD may receive from CITY shall be fully reimbursed to the CITY. For this Section, abuse of ofhce or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (2) a crime against public justice, including a uime described in Title 7 commencing with section 92 of the Penal Code.

Section 10. Bondine.

CITY shall bear the full cost of any bonds required of the City Manager under any law or ordinance.

Sectionll. Acknowledsment.

DUNFORD acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement.

Section 12. Notices.

Any notice or communication required hereunder between CITY and DLINFORD must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express, UPS, or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party {cw134s93.71 9
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hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

City's Notice Address:

City of Ceres
ATTN: Mayor and City Council
2220Magnolia Street
Ceres, CA 95307
City Manager's Address:

Douglas Dunford
12295 South Avenue
Ballico, CA 95303
Section. 13. General Provisions

13.1. Council ApprovaUModification of Agreement. This Agreement is contingent on approval by the City Council. The terms and conditions of this Agreement may not be modified or amended at any time except by written agreement signed by both Parties and approved by the City Council.

13.2. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties and supersedes all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.

13.3. Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any Section of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining sections of this Agreement shall not be affected.

13.4. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by the state or federal law in order to enter into this Agreement have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

13.5. Headings. The headings in this Agreement are included for convenience only and neither affect the construction or interpretation of any Section in this Agreement nor affect any of the rights or obligations of the Parties to this Agreement.

1.3.6. Necessary Acts and Further Assurances. The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
{cw134se3.z} l0
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13.7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Califomia.

13.8. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

13.9. Counterparts. This Agreement may be executed in counterparts and all so executed shall constitute an agreement which shall be binding upon the Parties hereto, notwithstanding that the signatures of all Parties and Parties' designated representatives do not appear on the same page.

13.10. Venue. Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Stanislaus.

13.11. Attorney's Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret Sections of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that pulpose, in addition to any other relief to which such Party may be entitled.

IN WITNESS THEREOF, CITY has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested to by its City Clerk, and DUNFORD has signed and executed this Agreement, as of the date first indicated above.

CITY MANAGER CITY OF CERES
J Lopez, Mayor
ATTEST: APPROVED AS TO FORM
.4& dvL
Nu6ia G oldstg16, city AttorneyFallon Martin, City Clerk {cw134s93.7} 1l
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Ceres City CouncilNovember 25, 2024

Ceres City Council
November 25, 2024