Agenda — Corning City Council, July 14, 2026

CITY OF CORNING

CITY COUNCIL

REGULAR MEETING AGENDA
TUESDAY, JULY 14, 2026

CITY COUNCIL CHAMBERS
794 THIRD STREET
This is an Equal Opportunity Program. Discrimination is prohibited by Federal Law. Complaints of discrimination may be filed with the Secretary of Agriculture, Washington, D.C. 20250.

In compliance with the Americans with Disabilities Act and Title VI. If you need special assistance or translation services to participate in this meeting, please contact the City Clerk’s Office at (530) 824-7033 or via email at [email protected]. Notification in advance of the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting.

A. CALL TO ORDER: 5:30 p.m.

B. ROLL CALL:

Council: Dave Demo, Chuy Valerio, Shelly Hargens, and Lisa Lomeli Mayor: Robert Snow
C. PLEDGE OF ALLEGIANCE: Led by the City Manager.

D. INVOCATION: Led by Councilor Hargens.

E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS:

F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR: If there is anyone in the audience wishing to speak on items not already set on the agenda, please come to the podium, and briefly identify the matter. To ensure that all members of the public have an equal opportunity to address the City Council, public comments during the designated comment period will be limited to three (3) minutes per speaker. Council will then determine if such matter will be placed on the agenda for this meeting, scheduled for a subsequent meeting, or recommend other appropriate action.

G. CONSENT AGENDA: It is recommended that items listed on the Consent Agenda be acted on simultaneously unless a Councilmember or members of the audience request separate discussion and/or action.

1. Waive reading, except by title, of any Ordinance under consideration at this meeting for either introduction or passage, per Government Code Section 36934.

2. Waive the reading and approve the Minutes of the June 23, 2026, Closed and Regular City Council Meeting with any necessary corrections.

3. June 18 to June 30, 2026, Claim Warrant in the amount of $ 536,651.19.

4. June 2026, Business License Report

5. June 2026 Treasurer’s Report

6. June 2026 Wages & Salaries: $ 586,908.33

7. June 2026 Building Permit Valuation Report in the amount of $ 427,118.

8. June 2026 City of Corning Wastewater Operations Summary Report.

9. Approve waiver of recreational use fees for the 17th annual Tucker Mesker Memorial Scholarship Softball Tournament Fundraiser.

H. ITEMS REMOVED FROM THE CONSENT AGENDA:

I. PUBLIC HEARINGS AND MEETINGS:

1. Adopt Resolution No. 07-14-2026-02 setting five (5) water rate increases.

2. Adopt Resolution No. 07-14-2026-03 setting five (5) sewer rate increases.

J. REGULAR AGENDA:

1. Accept Notice of Completion and authorize release of retention funds in the amount of $24,502.06 to R&R Horn Contractors, Inc. for the Fourth Avenue Rehabilitation Project.

2. Accept Notice of Completion and authorize release of retention funds in the amount of $22,391.55 to Lamb Unlimited, Inc. for the Toomes & Loleta Rehabilitation Project.

3. Approve the agreement with Highway Specialty Company for guardrail repair on Toomes Avenue.

4. Approve the agreement with Franklin Construction Inc. for the Clark Park Parking Lot Project.

5. Authorize staff to solicit Requests for Qualifications (RFQ) for a five-year Airport Engineering Services Consultant Agreement.

6. Authorize staff to solicit Requests for Qualifications (RFQ) for a five-year Airport Planning Services Consultant Agreement.

7. Approve renewal of Federal Excess Personal Property Agreement.

8. Approve proposed side letter to the Public Safety Bargaining Unit Memorandum of Understanding (MOU) regarding determination of various shift schedules related to work schedule assignments and overtime.

9. Approve agreement with Sophia R. Meyer Law, P.C. as special counsel for labor negotiations.

10. Approve third amended employment agreement for City Manager between City of Corning and Brant Mesker.

K. ITEMS PLACED ON THE AGENDA FROM THE FLOOR:

L. COMMUNICATIONS, CORRESPONDENCE, AND INFORMATION:

M. REPORTS FROM MAYOR AND COUNCIL MEMBERS: City Councilmembers will report on attendance at conferences/meetings reimbursed at City expense (Requirement of Assembly Bill 1234).

N. ADJOURNMENT:

Posted: Friday, July 10, 2026

CITY OF CORNING

CITY COUNCIL

CLOSED SESSION MINUTES
TUESDAY, JUNE 23, 2026

CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER:

The meeting was called to order by Mayor Snow at 5:00pm.

B. ROLL CALL:

Council: Dave Demo, Chuy Valerio, Lisa Lomeli
Mayor: Robert Snow

Absent: Shelly Hargens
C. PUBLIC COMMENTS: None
D. REGULAR AGENDA:

1. Public employment: City Manager performance review pursuant to Government Code Section 54957(b)

2. Conference with Labor Negotiators (Gov. Code § 54957.6) Agency Representatives: Brant Mesker
Employee Organization: Public Safety Unit
E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION:

The closed session was adjourned at 5:25pm. Mayor Snow reported that direction was given to staff.

CITY OF CORNING

CITY COUNCIL

REGULAR MEETING MINUTES
TUESDAY, JUNE 23, 2026

CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER:

The meeting was called to order by Mayor Snow at 5:30pm.

B. ROLL CALL:

Council: Dave Demo, Chuy Valerio, Lisa Lomeli
Mayor: Robert Snow

Absent: Shelly Hargens
Item: G-2
C. PLEDGE OF ALLEGIANCE: Led by the City Manager.

D. INVOCATION: Led by Mayor Snow.

E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS: None F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR: There were no comments from the public.

G. CONSENT AGENDA: It is recommended that items listed on the Consent Agenda be acted on simultaneously unless a Councilmember or members of the audience request separate discussion and/or action.

1. Waive reading, except by title, of any Ordinance under consideration at this meeting for either introduction or passage, per Government Code Section 36934.

2. Waive the reading and approve the Minutes of the June 9, 2026, Closed and Regular City Council Meeting with any necessary corrections.

3. June 4 - 17, 2026, Claim Warrant in the amount of $ 644,328.51.

4. June 17, 2026, Business License Report
Councilor Valerio moved to approve consent items 1-4; Councilor Lomeli seconded the motion.

Ayes: Snow, Valerio, Demo, Lomeli

Absent: None
Abstain/Opposed: Hargens
Result: Motion was approved by a 4-0 vote with Hargens absent.

H. ITEMS REMOVED FROM THE CONSENT AGENDA:

I. PUBLIC HEARINGS AND MEETINGS:

J. REGULAR AGENDA:

1. Adopt Resolution No. 06-23-2026-01 setting the appropriations and expenditure limits for all city funds to implement the Fiscal Year 2026/2027 Budget.

Presented by City Manager, Brant. Staff presented the resolution adopting the Fiscal Year 2026/2027 Annual Program of Services and City Budget, establishing appropriations and expenditure limits for all City funds. The budget includes estimated citywide revenues of $25,292,279 and appropriated expenditures of $28,374,479. The resolution also establishes the City's FY 2026/2027 Article XIII B (Gann) appropriations limit of $20,188,163 and authorizes the budgeted interfund transfers.

Councilor Demo moved to adopt Resolution No. 06-23-2026-01, a resolution setting the appropriation and expenditure limits for all city funds to implement the 2026/2027 program of service and annual budget; Councilor Snow seconded the motion.

Ayes: Snow, Valerio, Demo, Lomeli

Absent: None
Abstain/Opposed: Hargens
Result: Motion was approved by a 4-0 vote with Hargens absent.

2. Approve one (1) additional police officer position to be added to the Position Allocation List and approve the Fiscal Year 2026/2027 Position Allocation List Presented by City Manager, Brant. Staff requested approval to amend the Fiscal Year 2026/2027 Position Allocation List (PAL) by adding one additional Police Officer position.

Funding for the position is included in the adopted FY 2026/2027 Budget, with revenues from new government agency contracts helping to offset the cost.

Item: G-2
Councilor Demo moved to approve the addition of one (1) additional Police Officer Position and approve the Fiscal Year 2026/2027 Position Allocation List to reflect this addition; Councilor Valerio seconded the motion.

Ayes: Snow, Valerio, Demo, Lomeli

Absent: None
Abstain/Opposed: Hargens
Result: Motion was approved by a 4-0 vote with Hargens absent.

K. ITEMS PLACED ON THE AGENDA FROM THE FLOOR: None
L. COMMUNICATIONS, CORRESPONDENCE, AND INFORMATION: None M. REPORTS FROM MAYOR AND COUNCIL MEMBERS:

Demo: Attended a TCTC meeting.

Lomeli: Did not attend a meeting since the Chamber of Commerce meeting was cancelled.

Valerio: No meetings.

Hargens: Absent.

Snow: No meetings.

N. ADJOURNMENT:

The meeting was adjourned by Mayor Snow at 5:40pm.

Attest:
___________________
Rubi Ordaz, City Clerk
Item: G-2

M E M O R A N D U M
TO: HONORABLE MAYOR & COUNCIL
FROM: Lori Sims
Accounting Technician
DATE: July 9, 2026
SUBJECT: CASH DISBURSEMENT DETAIL REPORT FOR COUNCIL MEETING:

Tuesday, July 14, 2026

PROPOSED CASH DISBURSEMENTS FOR YOUR APPROVAL CONSIST OF THE FOLLOWING:

A. Cash Disbursements Ending 06-30-2026 $536,651.19
GRAND TOTAL $536,651.19
Item: G-3
7/8/2026 2:56:51 PM Page 1 of 3
Check Report
City of Corning, CA By Check Number
Date Range: 06/18/2026 - 06/30/2026
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: AP-AP Bank Code
FIR13 FIRST NATIONAL BANK OMAHA 06/18/2026 Regular 0.00 9,051.43 41089 PAY01 PAYGOV.US LLC 06/18/2026 Regular 0.00 70.61 41090 HOM03 HOME DEPOT 06/22/2026 Regular 0.00 193.76 41091
ATT18 AT&T 06/22/2026 Regular 0.00 70.00 41092
CHI06 CHICO POWER EQUIPMENT 06/22/2026 Regular 0.00 736.30 41093 JOH02 DIANE JOHNSON 06/22/2026 Regular 0.00 115.55 41094 FER02 FERGUSON WATERWORKS #1423 06/22/2026 Regular 0.00 781.69 41095 HIN01 HINDERLITER DE LLAMAS & ASSOCIATES 06/22/2026 Regular 0.00 300.00 41096 HOL04 HOLIDAY MARKET #32 06/22/2026 Regular 0.00 435.12 41097 HUN03 HUNTERS SERVICES INC. 06/22/2026 Regular 0.00 1,604.08 41098 SCH01 LES SCHWAB TIRE CENTER 06/22/2026 Regular 0.00 140.30 41099 MID00 MID PACIFIC ENGINEERING, INC. 06/22/2026 Regular 0.00 9,161.84 41100 MIS01 MISSION LINEN SUPPLY 06/22/2026 Regular 0.00 107.75 41101 NOR15 NORTHERN CALIFORNIA GLOVE 06/22/2026 Regular 0.00 76.68 41102 PAC29 PACE ANALYTICAL SERVICES, LLC 06/22/2026 Regular 0.00 256.00 41103 PGE01 PG&E 06/22/2026 Regular 0.00 409.53 41104
PGE05 PG&E 06/22/2026 Regular 0.00 1.92 41105
PGE2A PG&E 06/22/2026 Regular 0.00 52.92 41106
PGE09 PG&E 06/22/2026 Regular 0.00 228.72 41107
RDO00 RDO EQUIPMENT CO. 06/22/2026 Regular 0.00 580.35 41108 SCP00 SCP DISTRIBUTORS LLC 06/22/2026 Regular 0.00 2,195.52 41109 SUN01 SUNRISE ENVIRONMENTAL 06/22/2026 Regular 0.00 197.29 41110 TPX00 TPX COMMUNICATIONS 06/22/2026 Regular 0.00 606.55 41111 WAL01 WALBERG ROCK, LLC 06/22/2026 Regular 0.00 176.96 41112 ADA04 ADAMS ASHBY GROUP, INC. 06/23/2026 Regular 0.00 6,500.00 41113 AIC00 AGRICULTURAL INDUSTRIAL COMMERCIAL ELECTRIC INC 06/23/2026 Regular 0.00 4,489.00 41114 BDI00 BDI 06/23/2026 Regular 0.00 55.02 41115
LAM05 LAMB UNLIMITED GENERAL ENGINEERING 06/23/2026 Regular 0.00 425,439.45 41116 PGE01 PG&E 06/23/2026 Regular 0.00 28,096.63 41117
SHN00 SHN CONSULTING ENGINEERS & GEOLOGISTS 06/23/2026 Regular 0.00 317.50 41118 COM01 COMPUTER LOGISTICS, INC 06/25/2026 Regular 0.00 4,030.06 41119 GAY02 GAYNOR TELESYSTEMS, INC 06/25/2026 Regular 0.00 66.05 41120 QUI02 QUILL CORPORATION 06/25/2026 Regular 0.00 137.75 41121 KIN00 TYLER KINNEE 06/25/2026 Regular 0.00 60.00 41122
WEL06 WELLS FARGO VENDOR FINANCIAL SVCS, LLC 06/25/2026 Regular 0.00 1,782.10 41123 GRA02 GRAINGER, W.W., INC 06/26/2026 Regular 0.00 223.13 41124 NAP01 NAPA AUTO PARTS 06/26/2026 Regular 0.00 1,365.90 41125 PAC29 PACE ANALYTICAL SERVICES, LLC 06/26/2026 Regular 0.00 256.00 41126 PGE2B PG&E 06/26/2026 Regular 0.00 573.38 41127
SCP00 SCP DISTRIBUTORS LLC 06/26/2026 Regular 0.00 1,379.07 41128 WAL01 WALBERG ROCK, LLC 06/26/2026 Regular 0.00 176.96 41129 ADP00 ADP, INC. 06/29/2026 Regular 0.00 560.86 41130
ATK04 ATKIN, LACEY 06/29/2026 Regular 0.00 1,280.00 41131 CAL45 CAL FIRE 06/29/2026 Regular 0.00 424.04 41132
GLO02 GLOBAL OFFICE, INC. 06/29/2026 Regular 0.00 22.92 41133 GRE01 GREEN WASTE OF TEHAMA 06/29/2026 Regular 0.00 148.34 41134 GRE06 GREG'S HEATING & A/C 06/29/2026 Regular 0.00 620.00 41135 PGE2A PG&E 06/29/2026 Regular 0.00 450.61 41136
RES04 RESERVE ACCOUNT 06/29/2026 Regular 0.00 3,000.00 41137 TYL00 TYLER TECHNOLOGIES, INC. 06/29/2026 Regular 0.00 3,202.00 41138 FOO01 FOOTHILL READY MIX 06/30/2026 Regular 0.00 1,163.66 41139 GRA02 GRAINGER, W.W., INC 06/30/2026 Regular 0.00 63.76 41140 HUN03 HUNTERS SERVICES INC. 06/30/2026 Regular 0.00 1,604.08 41141 KNI00 KNIFE RIVER CONSTRUCTION 06/30/2026 Regular 0.00 5,085.19 41142 Item: G-3
Check Report Date Range: 06/18/2026 - 06/30/2026
7/8/2026 2:56:51 PM Page 2 of 3
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number N&S00 N&S TRACTOR 06/30/2026 Regular 0.00 1,708.21 41143 PGE04 PG&E 06/30/2026 Regular 0.00 1,450.97 41144
PGE2A PG&E 06/30/2026 Regular 0.00 67.26 41145
RON05 RON'S BODY SHOP CORNING, INC. 06/30/2026 Regular 0.00 9,261.70 41146 SCP00 SCP DISTRIBUTORS LLC 06/30/2026 Regular 0.00 3,413.43 41147 VES00 VESTIS GROUP, INC. 06/30/2026 Regular 0.00 625.29 41148 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code AP Summary
Bank Drafts
EFT's
60 0
0 0
0 0.00

0.00 0.00

0.00 0.00
60 0.00
Payment
536,651.19

0.00 0.00

0.00 0.00
536,651.19
Payable
Count
82 0
0 0
0 82
Item: G-3
Check Report Date Range: 06/18/2026 - 06/30/2026
7/8/2026 2:56:51 PM Page 3 of 3
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
60 0
0 0
0 0.00

0.00 0.00

0.00 0.00
60 0.00
536,651.19

0.00 0.00

0.00 0.00
536,651.19
82 0
0 0
0 82
Fund Name Period Amount
Fund Summary
000 Pooled Cash 6/2026 536,651.19
536,651.19
Item: G-3
DATE : JULY 8, 2026 PAGE: 1
RUN BY: LORI SIMS
Business Name Address City/State/Zip Business Desc Bus. Start Date Steve Stelters HVAC Service 2335 Larkspur Lane, Ste A Redding, CA 96002 Heating & Air Contractor 6/18/2026 Nails by Regina 1202 Solano St Corning, CA 96021 Licensed Cosmetologist 6/23/2026 Commercial Pump & Mechanical,
Inc. 11254 Midway Chico, CA 95928 Pump & Water Well Work 6/24/2026 Storckman Plumbing, Inc. 1321 Main St Weaverville, CA 96093 Plumbing Contractor 6/24/2026 R.B. Spencer, Inc. 1188 Hassett Ave Yuba City, CA 95991 HVACR Specialy Contractor 6/25/2026 Airgas USA, LLC 3737 Worsham Ave Long Beach, CA 90808 Delivery 6/25/2026 Cobex Construction Group 503 Giuseppe Ct, Ste 4 Roseville, CA 95678 Contractor 6/25/2026 Mastec Network Solutions, Inc 4345 Industrial Way Benecia, CA 94510 T-Mobile Wireless Installer 6/25/2026

CITY OF CORNING

NEW BUSINESSES FOR CITY COUNCIL
Item: G-4
Item: G-5
Item No. : G-6

MEMORANDUM
TO: Honorable Mayor and Council members
FROM: Khrystie Shoemaker
Assistant Finance Director
DATE: July 2, 2026
SUBJECT: June 2026 wages & salaries total for the
Tuesday July 14, 2026, Council Meeting
Disbursements for your approval consist of the following:

A. Payroll Date 06-11-2026 $ 290,089.99
B. Payroll Date 06-25-2026 $ 226,755.60
C. June end of the month p/r liabilities $ 70,062.74
GRAND TOTAL $ 586,908.33
Permit # Permit Date Main Status Parcel # Parcel
Address
Permit Type Project Cost
26104 6/30/2026 approved "
FEES DUE "
071-052-003-
000
1307 TEHAMA
ST
Building $10,748
26103 6/25/2026 ISSUED 071-262-028-
000
1407 WEST ST Roof $14,722
26102 6/24/2026 ISSUED 071-212-018-
000
1791

ELIZABETH
AVE
Electrical $2,500
26101 6/24/2026 ISSUED 071-212-018-
000
1791

ELIZABETH
AVE
Electrical $2,500
26100 6/22/2026 ISSUED 073-010-049-
000
555 COLUSA
ST
Building $5,000
26099 6/16/2026 Cancelled 075-180-019-
000
23848 HOAG
RD
Roof $15,500
26098 6/12/2026 Waiting for
Information/Pl
ans
087-090-067-
000
3655 BARHAM
AVE
Building $20,000
26097 6/11/2026 Finaled 073-212-020-
000
542 STANMAR
DR
Solar $20,235
26096 6/10/2026 Under Review 071-243-012-
000
1187 FIFTH
AVE
Building $248,572
26095 6/9/2026 ISSUED 073-164-003-
000
805 ALMOND
ST
Electrical $2,000
26094 6/9/2026 Finaled 071-042-011-
000
409

HOUGHTON
AVE
Building $16,000
26093 6/9/2026 ISSUED 073-082-010-
000
901 PEAR ST Electrical $2,000
26092 6/9/2026 Waiting for
Information/Pl
ans
073-270-009-
000
1150

CASSANDRA
CIR
Solar $49,461
26091 6/4/2026 Finaled 071-193-013-
000
1739 SCOTT
AVE
Roof $12,880
6/1/2026 - 6/30/2026
Monthly Permit Report
Page: 1 of 2
Item: G-7
26090 6/2/2026 ISSUED 071-212-018-
000
1791

ELIZABETH
AVE
Electrical $2,500
26089 6/1/2026 ISSUED 071-241-002-
000
1162 FIFTH
AVE
Building $2,500
$427,118
Total Records: 16 7/1/2026
Page: 2 of 2
Item: G-7
Item: G-8
Item: G-8
ITEM NO: G-9

APPROVE WAIVER OF RECREATIONAL
USE FEES FOR THE 17th ANNUAL

TUCKER MESKER MEMORIAL

SCHOLARSHIP SOFTBALL

TOURNAMENT FUNDRAISER TO BE
HELD JULY 31st TO AUGUST 2nd.

July 14, 2026
TO: HONORABLE MAJOR AND COUCILMEMBERS
FROM: ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
SUMMARY:

Staff have received a request from the Mesker Family for City Council to approve a waiver of the Recreational Use Fee for the use of Yost Park for the 17th Annual Tucker Mesker Memorial Scholarship Softball Tournament Fundraiser. The tournament is scheduled to take place July 31st through August 2nd. This is a community based, non-profit event that benefits local students by assisting them in furthering their education.

BACKGROUND:

Staff requests Council approval to waive all recreational fees normally charged ($100 refundable fees and $166 non-refundable fees) for the Tucker Mesker Memorial Scholarship Fundraiser.
$ 75 Cleanup deposit
$ 25 Key deposit
$100 Refundable
$ 16 Weekend Field Light Fee
$150 Weekend Use Fee
$166 Non-Refundable
RECOMMENDATION:

MAYOR AND COUNCIL APPROVE WAIVER OF RECREATIONAL USE FEES FOR THE 17th ANNUAL TUCKER MESKER MEMORIAL SCHOLARSHIP SOFTBALL TOURNAMENT FUNDRAISER TO BE HELD JULY 31st THROUGH AUGUST 2nd.

ITEM NO.: I-1
PUBLIC HEARING: ADOPT RESOLUTION
NO. 07-14-2026-02 SETTING FIVE (5) WATER

RATE INCREASES
July 14, 2026
TO: MAYOR AND CITYCOUNCILMEMBERS
FROM: BRANT MESKER; CITY MANAGER

RUBI ORDAZ, CITY CLERK
SUMMARY:

Staff seeks Council adoption of Resolution 07-14-2026-02 and approval to apply five (5) separate water rate increases with the last increase scheduled for July 1, 2030. The City's water utility is supported entirely by user fees. The current water rates no longer generate sufficient revenue to adequately fund ongoing operations, debt service obligations, capital improvements, and long-term system maintenance.

Usina a consultant, the City completed a comprehensive Water and Sewer Rate Study to evaluate the financial condition of the utility and determine rates necessary to maintain reliable service while meeting current and future operational needs. The study identified the need for additional revenue to maintain financial sustainability and continue providing safe and reliable drinking water.

The proposed water rate increase is necessary to maintain compliance with the terms of the debt service refinancing as well as insure the financial stability of the City’s Water Enterprise Fund.

Major planned water system improvements over the next five years include well improvements, meter replacements, fire hydrant replacements, and other necessary infrastructure improvements. Although the City secured partial grant funding for one municipal well, additional capital improvements remain necessary and are not fully grant funded. The proposed rate adjustments will provide the revenue needed to operate, maintain, and improve the City's water system while satisfying existing debt obligations.

It is proposed that 5/8” meters, ¾” meters, and 1” meters all be grouped together into one fee category. The 1” meter size is the new standard for residential customers; therefore, it is expected that meter sizes smaller than 1” will eventually be phased out. Table 1 lists the current and proposed water rates. If adopted, new rates would go into effect August 1, 2026, and July 1 of each year from 2027 to 2030.

The average single-family customer in the City uses 12,000 gallons of water per month.

The average customer currently pays $44.51 for monthly water service. Under the proposed August 1, 2026, rates, the average single family customer bill will be $60.99, an increase of $16.48 from the current bill.

The table on the next page shows the increase proposed to begin on August 1, 2026, and the following annual increases through July 1, 2030.

Current
Proposed
August
1, 2026
July 1,
2027
July 1,
2028
July 1,
2029
July 1,
2030
Meter Size
5/8” & ¾” $27.39 $31.11 $34.20 $37.58 $41.27 $45.27
1” $51.40 $31.11 $34.20 $37.58 $41.27 $45.27

1.5” $84.29 $62.22 $68.40 $75.16 $82.54 $90.54
2” $134.78 $99.55 $109.44 $120.26 $132.06 $144.86
3” $198.00 $199.10 $218.88 $240.51 $264.13 $289.73
4" $198.00 $311.10 $342.00 $375.80 $412.70 $452.70
6” $387.60 $622.20 $684.00 $751.60 $825.40 $905.40
ALL USE ($/1,000 gallons)
Volume Rate $2.14* $2.49 $2.65 $2.82 $2.99 $3.18
*Cost of each additional 1,000 gallons used per month above the base 4,000 gallons.

Under the proposed rates, all water use will be billed the volume rate including the first 4,000 gallons per month.

PUBLIC NOTICE REQUIREMENTS MET:

Proposition 218 requires that the City mail Notices of a proposed rate increase to property owners at least 45 days prior to a public hearing on the proposed rates; Notices were sent out on May 28, 2026.

RECOMMENDATION:

MAYOR AND COUNCIL ADOPT RESOLUTION 07-14-2026-02, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF CORNING SETTING WATER RATES EFFECTIVE AUGUST 1, 2026, THROUGH JULY 31, 2030.

RESOLUTION NO.: 07-14-2026-02

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF CORNING SETTING WATER RATES
EFFECTIVE AUGUST 1, 2026, THROUGH JULY 1, 2030
WHEREAS, the City Council has met and discussed the need for a Water Rate Increase, with public discussion and planning at a Public Hearing on July 14, 2026; and WHEREAS, the City Council established the setting of Water Rates by Resolution, through the adoption of Ordinances No. 496, 516, 534, and 554 & 555 (part) pertaining to Chapter 13.08.12, Water fees – Establishing rates (13.04.320).

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby set the Water Rate Increases listed below to become effective starting August 1, 2026, through July 1, 2030.

Current
Proposed
August
1, 2026
July 1,
2027
July 1,
2028
July 1,
2029
July 1,
2030
Meter Size
5/8” & ¾” $27.39 $31.11 $34.20 $37.58 $41.27 $45.27
1” $51.40 $31.11 $34.20 $37.58 $41.27 $45.27

Under the proposed rates, all water use will be billed the volume rate including the first 4,000 gallons per month.

The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Corning held on July 14, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Robert Snow., Mayor
ATTEST:

I, Rubi Ordaz, City Clerk of the City of Corning, California, DO HEREBY CERTIFY that the foregoing Resolution 07-14-2026-02 was duly introduced, approved and adopted by the City Council of the City of Corning at a regular meeting of said Council held on the 14th day of July, 2026 by the votes listed above.
____________________________
Rubi Ordaz, City Clerk
ITEM NO.: I-2
PUBLIC HEARING: ADOPT RESOLUTION
NO. 07-14-2026-03 SETTING FIVE (5) SEWER

RATE INCREASES
July 14, 2026
TO: MAYOR AND CITYCOUNCILMEMBERS
FROM: BRANT MESKER; CITY MANAGER

RUBI ORDAZ, CITY CLERK
SUMMARY:

Staff seeks Council adoption of Resolution 07-14-2026-03 and approval to apply five (5) separate sewer rate increases with the last increase scheduled for July 1, 2030 shown on Table

2. The City's wastewater utility is funded through user service charges that support the operation, maintenance, regulatory compliance, debt service, and replacement of the City's wastewater collection and treatment system. Existing sewer rates are insufficient to meet current and projected financial obligations.

A consultant recently completed a Water and Sewer Rate Study and evaluated the City's Wastewater Enterprise Fund and identified the revenue necessary to maintain financial stability while continuing to provide reliable wastewater service. The study recommends updated rates that more accurately reflect the cost of service and provide funding for future infrastructure needs.

Over the next five years, the City anticipates approximately $1.8 million in wastewater system improvements, including treatment plant upgrades, sewer system improvements, and a sanitary sewer evaluation study. The proposed rate structure also modernizes the City's existing sewer classifications by establishing residential categories based on customer type and simplifying non-residential classifications based on wastewater strength and flow characteristics shown on Table 1.

PUBLIC NOTICE REQUIREMENTS MET:

RECOMMENDATION:

MAYOR AND COUNCIL ADOPT RESOLUTION 07-14-2026-03, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF CORNING SETTING SEWER RATES EFFECTIVE AUGUST 1, 2026, THROUGH JULY 1, 2030.

Attachments:

Table 1- Sewer Classifications
Table 2- Rate Increases
Table 1
Customer Class Service
Charge Unit
Residential (per dwelling) $49.34
Elementary Schools (per student) $1.73
High School (per student) $3.37
Catering Business $9.40
Hospital-Clinic $49.34 $41.70
Resthome (No Resid) $19.58
Resthome-Residence $49.34 $19.58
Restaurant & 2 Business $98.68 $9.40
Restaurant w/meter $9.40
Restaurant & 1 business $49.34 $9.40
Bakeries & Deli $12.16
Car/Truck Wash, Truck Stop $8.42
Motel w/o Kitchen $11.74
Motel w/Kitchen $49.34 $17.82
R.V. Park $49.34 $11.74
Gas Station (Only) $82.25
Market/Gas Station $99.87
Beauty Shop $49.34
Residencial & Beauty Shop $98.68
Barber $49.34
Theater $152.72
Bowling Alley w/Restaurant $118.44 $9.40
Shops-Offices-Resid. $49.34
Dry Cleaners $10.76
Laundromat $21.56
Mortuary & House $280.39
Bars $119.45
Florist $6.67
Nursery (Plants) $184.07
Market/add. connections $49.34 $8.42
Markets-General $8.42
Church w/School $49.34 $1.73
Church w/o Parsonage $49.34
Church w/ Parsonage $98.68
Veteran's Hall $87.12
Civic Building $49.34
Veterinarian Hosp. $131.22
Bar/Residence/Restaurant $168.79
Restaurant +3 Business $148.01
Beauty shops (3 sewers) $148.01
Barb/Beau/Bak/Rest $98.67 $12.16
Heavy Commercial $3.37
Hvy Comm & Domestic $49.34 $3.37
Table 2
Current Proposed
Customer Class
Base
Fee Customer Class
August
1, 2026
July 1,
2027
July 1,
2028
July 1,
2029
July 1,
2030
Fixed Charges Fixed Charges
Residential (per dwelling) Residential (per dwelling)
Single Family $49.34 Single Family $57.85 $63.05 $68.70 $74.90 $81.65 Multifamily $49.34 Multifamily $40.50 $44.14 $48.09 $52.43 $57.16 Mobile Home $49.34 Mobile Home $40.50 $44.14 $48.09 $52.43 $57.16 Schools (per
student) Schools (per student)
Elementary &
Middle $1.73
Elementary &
Middle $1.74 $1.90 $2.07 $2.26 $2.46
High School $3.37 High School $3.47 $3.78 $4.12 $4.49 $4.89 Non-residential (each business)
Non-residential See
Table 2
Low Strength $47.45 $51.70 $56.35 $61.40 $66.95
Medium/Domestic
Strength $57.85 $63.05 $68.70 $74.90 $81.65
High Strength $92.55 $100.90 $109.90 $119.85 $130.65
Non-residential Excessive
Flow Non-residential Excessive Flow ($/1,000 gallons above first 5,000 gallons)* None currently Low Strength $9.49 $10.34 $11.27 $12.28 $13.39 Medium/Domestic
Strength $11.57 $12.61 $13.74 $14.98 $16.33
High Strength $18.51 $20.18 $21.98 $23.97 $26.13
RESOLUTION NO.: 07-14-2026-03

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF CORNING SETTING SEWER RATES
EFFECTIVE AUGUST 1, 2026, THROUGH JULY 1, 2030
WHEREAS, the City Council has met and discussed the need for a Sewer Rate Increase, with public discussion and planning at a Public Hearing on July 14, 2026; and WHEREAS, the City Council established the setting of Sewer Rates by Resolution, through the adoption of Ordinance No. 551 and Ordinance 555, pertaining to Chapter 13.04, Sewer Service Regulations, Article IV. – Charges and Fees (13.04.320).

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby set the Sewer Rate Increases listed below to become effective starting August 1, 2026, through July 1, 2030.

Current Proposed
Customer Class
Base
Fee Customer Class
August
1, 2026
July 1,
2027
July 1,
2028
July 1,
2029
July 1,
2030
Fixed Charges Fixed Charges
Residential (per dwelling) Residential (per dwelling)
Single Family $49.34 Single Family $57.85 $63.05 $68.70 $74.90 $81.65 Multifamily $49.34 Multifamily $40.50 $44.14 $48.09 $52.43 $57.16 Mobile Home $49.34 Mobile Home $40.50 $44.14 $48.09 $52.43 $57.16 Schools (per
student) Schools (per student)
Elementary &
Middle $1.73
Elementary &
Middle $1.74 $1.90 $2.07 $2.26 $2.46
High School $3.37 High School $3.47 $3.78 $4.12 $4.49 $4.89 Non-residential (each business)
Non-residential See
Table 2
Low Strength $47.45 $51.70 $56.35 $61.40 $66.95
Medium/Domestic
Strength $57.85 $63.05 $68.70 $74.90 $81.65
High Strength $92.55 $100.90 $109.90 $119.85 $130.65
Non-residential
Excessive Flow
Non-residential Excessive Flow ($/1,000 gallons above first 5,000 gallons)*
None currently Low Strength $9.49 $10.34 $11.27 $12.28 $13.39 Medium/Domestic
Strength $11.57 $12.61 $13.74 $14.98 $16.33
High Strength $18.51 $20.18 $21.98 $23.97 $26.13
The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Corning held on July 14, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Robert Snow., Mayor
ATTEST:
____________________________
Rubi Ordaz, City Clerk
ITEM NO.: J-1

ACCEPT NOTICE OF COMPLETION AND

AUTHORIZE RELEASE OF RETENTION
FUNDS IN THE AMOUNT OF $24,502.06
TO R&R HORN CONTRACTORS, INC.

FOR THE FOURTH AVENUE
REHABILITATION PROJECT.

July 14, 2026
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: BRANT MESKER, CITY MANAGER

ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
SUMMARY:

The Fourth Ave Rehabilitation project is complete and has been inspected and approved by City Staff. As such, staff requests the following: City Council accept the Notice of Completion for the project, authorize Staff to file and record a Notice of Completion with the Tehama County Clerk and Recorder, and authorize the release of the Retention Funds in the amount of $24,502.06.

The Notice of Completion is attached for Council review.

BACKGROUND:

At the April 14, 2026, City Council meeting, R&R Horn Contractors, Inc. was awarded the Fourth Ave Rehabilitation Project with a base bid of $445,493.00. During construction, staff approved four change orders totaling $44,548.14, bringing the contract total to $490,041.14.

These changes remained within the 10% threshold authorized for staff approval.

FINANCIAL:

During Fiscal Year 2025/26, staff allocated $685,000 for the Fourth Avenue Rehabilitation Project. These funds are restricted to street maintenance and may not be used for other purposes.

The final contract amount of $490,041.14 remained within the allocated budget.

RECOMMENDATION:

MAYOR AND COUNCIL:

1. ACCEPT AND DIRECT THE PUBLIC WORKS DIRECTOR TO SIGN THE NOTICE OF

COMPLETION, AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE WITH THE TEHAMA COUNTY FOR RECORDING; AND

2. AUTHORIZE THE RELEASE OF RETENTION FUNDS TO R&R HORN CONTRACTORS GENERAL ENGINEERING IN THE AMOUNT OF $24,502.06 WHEN RECORDED MAIL TO:

City of Corning
794 Third Street
Corning, CA 96021

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is owner or agent of the owner of the interest or estate stated below in the property hereinafter described.

2. The full name and address of the undersigned owner is City of Corning, 794 Third Street, Corning, CA 96021.

3. There was completion of the 2025/2026 City of Corning Fourth Avenue Rehabilitation Project #020-2026, a project consisting generally of furnishing all labor, equipment, tools, materials, and incidentals for the rehabilitation of Fourth Avenue located in Corning, CA.

4. The work has been completed and is suitable to be put into use as of July 14, 2026, and has therefore been accepted for ownership and operation by The City Council of the City of Corning at a Regular Council Meeting on July 14, 2026.

5. The name of the General Contractor is: R&R Horn Contractors, Inc., 13504 Skypark Industrial Ave, Chico, CA 95973..

6. The property herein referred to is situated in the City of Corning, Tehama County, and State of California and more particularly described as follows: Fourth Ave between South Street and Fig Lane, Corning, CA 96021.

July 14, 2026, Signature of Agent of Owner: _____________________________ Date Elijah Stanley Director of Public Works
Verification for Non-Individual owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the Public Works Director of the aforesaid interest or estate in the property described.

In the above notice; that I have read the said notice, that I know and understand the contents thereof and that the facts stated therein are true and correct.

July 14, 2026 ____________________________________
Elijah Stanley
Director of Public Works
City of Corning, Corning, CA
ITEM NO.: J-2

ACCEPT NOTICE OF COMPLETION AND

AUTHORIZE RELEASE OF RETENTION
FUNDS IN THE AMOUNT OF $22,391.55
TO LAMB UNLIMITED, INC. FOR THE

TOOMES & LOLETA REHABILITATION
PROJECT.

July 14, 2026
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: BRANT MESKER, CITY MANAGER

ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
SUMMARY:

The Toomes and Loleta Ave Rehabilitation project is complete and has been inspected and approved by City Staff. As such, staff requests the following: City Council accept the Notice of Completion for the project, authorize Staff to file and record a Notice of Completion with the Tehama County Clerk and Recorder, and authorize the release of the Retention Funds in the amount of $22,391.55.

The Notice of Completion is attached for Council review.

BACKGROUND:

At the November 11, 2025, City Council meeting, Lamb Unlimited, Inc. was awarded the Toomes and Loleta Ave Rehabilitation Project with a base bid of $441,957.00. When staff brought the award to council, they requested the allocation of additional funds to reset the existing monuments, which were not a part of the original scope of work, bringing the contract total to $447,831.00. There were no change orders on the project, with the contract price remaining at $447,831.00.

FINANCIAL:

During Fiscal Year 2025/26, staff allocated $400,000 for the Toomes and Loleta Rehabilitation Project. These funds are restricted to street maintenance and may not be used for other purposes.

At the November 11 City Council meeting, Council approved an additional allocation of $47,831.00 to fully fund the project and to include the resetting of existing monuments.

RECOMMENDATION:

MAYOR AND COUNCIL:

1. ACCEPT AND DIRECT THE PUBLIC WORKS DIRECTOR TO SIGN THE NOTICE OF

COMPLETION, AND AUTHORIZE CITY CLERK TO FILE NOTICE WITH THE TEHAMA COUNTY FOR RECORDING; AND

2. AUTHORIZE THE RELEASE OF RETENTION FUNDS TO LAMB UNLIMITED GENERAL ENGINEERING IN THE AMOUNT OF $22,391.55
WHEN RECORDED MAIL TO:

City of Corning
794 Third Street
Corning, CA 96021

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is owner or agent of the owner of the interest or estate stated below in the property hereinafter described.

2. The full name and address of the undersigned owner is City of Corning, 794 Third Street, Corning, CA 96021.

3. There was completion of the 2025/2026 City of Corning Toomes and Loleta Rehabilitation Project #044-2025, a project consisting generally of furnishing all labor, equipment, tools, materials, and incidentals for the rehabilitation of Toomes and Loleta Avenue located in Corning, CA.

5. The name of the General Contractor is: Lamb Unlimited, Inc., 4050 Toomes Avenue, Corning, CA 96021..

6. The property herein referred to is situated in the City of Corning, Tehama County, and State of California and more particularly described as follows: Toomes Ave between Fig Lane and Loleta Ave, Loleta Ave between Toomes Ave and HWY 99W, Corning, CA 96021.

In the above notice; that I have read the said notice, that I know and understand the contents thereof and that the facts stated therein are true and correct.

July 14, 2026 ____________________________________
Elijah Stanley
Director of Public Works
City of Corning, Corning, CA
ITEM NO: J-3

APPROVE AGREEMENT WITH

HIGHWAY SPECIALTY COMPANY,

FOR GUARDRAIL REPAIR ON

TOOMES AVE IN THE AMOUNT OF
$13,050.00
JULY 14, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: BRANT MESKER, CITY MANAGER

ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
BACKGROUND:

A recent vehicle accident on Toomes Avenue damaged a section of the City’s guardrail.

Following the incident, City staff contacted several contractors to obtain quotes for the necessary repairs.

SUMMARY:

After reviewing the quotes received, Highway Specialty Company, Inc. submitted the lowest responsive quote in the amount of $13,050.00. Staff has included the quote and proposed agreement for Council’s review.

Under the California Uniform Construction Cost Accounting Act, the City is allowed to obtain informal quotes for public works projects with an estimated cost of less than $60,000. This repair falls within that limit.

FINANCIAL:

The total cost of the repair will not exceed $13,050.00. Funds are available in the street account for this repair in the fiscal year 26/27 budget. Staff will seek reimbursement from the drivers motor vehicle insurance company.

RECOMMENDATION:

MAYOR AND COUNCIL APPROVE THE:
• APPROVE AGREEMENT WITH HIGHWAY SPECIALTY COMPANY, FOR GUARDRAIL REPAIR ON TOOMES AVE IN THE AMOUNT OF $13,050.00 ATTENTION ESTIMATOR:

March 17, 2026
FROM: MATT MARRIOTT

DESCRIPTION

UNIT OF

MEASURE

ESTIMATED

QUANTITY UNIT PRICE
1 TRAFFIC CONTROL EA 1.000 2,000.00
2 ALTERNATIVE IN-LINE TERMINAL EA 1.000 7,750.00
3 REMOVE AND REPLACE LST RAILING LS 1.000 3,300.00

TRAFFIC SAFETY SUPPLY, TRAFFIC CONTROL, SIGNS AND GUARDRAIL Highway Specialty Company, Inc.

CALIFORNIA CERTIFIED SMALL BUSINESS # 1559500 DIR REGISTRATION # 1000022123 LICENSE # 1003147 A, C13, C31, C32, C61-D42, A UNION CONTRACTOR MAILING: PO BOX 141 PALO CEDRO, CA 96073
SACRAMENTO OFFICE: 4212 ROSEVILLE ROAD NORTH HIGHLANDS, CA

Page 1 of 4 ends

March 17, 2026
PHONE 530-949-5685 FAX 855-846-5806
PROJECT: OLD RIVER ROAD GUARDRAIL REPAIR

ITEM NUMBER TOTAL PRICE
BID DATE:

CONTRACT #:
$ 2,000.00
$ 7,750.00
$ 3,300.00
$ 13,050.00
REDDING OFFICE: 6591 EASTSIDE ROAD REDDING, CA
EUREKA OFFICE: 4031 US-101 EUREKA, CA
QUOTE VALID FOR 15 DAYS
TRAFFIC DAYS; GUARDRAIL (1), TRAFFIC CONTROL INCLUDED FOR ALL ITEMS MOBILIZATIONS; GUARDRAIL (1) ADDITIONAL $9,750.00

DOESN'T INCLUDE WELDING

1. Traffic control by others. Work is to be done in standard weekday shift

2. All items must be taken together

3. Price quote is good for 15 days. HSC is to notified within 5 Bussiness days if this quote is used.

4. If requested, subcontractor will furnish surety bonds on HSC's surety or AGC forms only. Permium of 2% of subcontracted amount on project less than two years. Additional fees may apply if longer than two years.

5. PRICE FOR CONSTRUCTION AREA SIGNS INCLUDES; N/A

6. PRICE FOR CONSTRUCTION AREA SIGNS EXCLUDES; PORTABLE RADAR FEEDBACK SIGNS AND CMS

7. Excludes all additional licenses, permits. If Special Insurance verbage or wavier is needed there may be additional charges

8. Highway Specialty excludes all LCS Inputs, Status or Closures and Traffic related items.

9. Items do not include grade, removal of concrete, backfill, compaction or grading for all items

10. Excludes all clearing, trimming and grubbing for all items

12. Except for Treated Wood Waste, all Items exclude handling, managing, storage, or disposal of, contaminated and/or hazardous materials, water and/ or waste, and/or Allrially deposited lead, and/or Abestos, and/ or exisiting paint systems

13. 15 foot is needed for access for HSC to perfrom work with a drivable surface to the work area.

14. All Items exclude WPCP, WPCP BMPs, WPC Training and Maintence

15. Highway Specialty Excludes any and all Coring, Cutting, Saw Cutting or Patching or AC or Concrete

16. Concrete Washout to be provided by others with 500 Feet of concrete pours

17. Excludes Staining, Coloring or Powder Coating of all items

18. Excludes Temporary Shut Down of Power Shutdowns if required

19. Excludes all Survery Controls, Staking, Layout, Locating of Existing Facilities, as Builts and/or Record of Drawings

20. Excludes all eletrical work items; installation, removal, pipes, repair of contractor eletrical, maintianing Eletrical system

21. HSC will USA pre-existing ultilites. Utilities/ Conctractor Underground Work installed under this contract are to be located and marked by others prior to HSC move-in.

22. Repair of work installed under this contract and damaged by public or contractor to be reimbursed by others

23. Conctractor to supply a secure yard with proper BMPs

24. Contractor to supply bathroom and proper wash down facilities.

Unless HSC in performing barrier work. Excludes holers in barrier for all connections and or drilling of holes.

25. A contract and 20 working days written notice is required for scheduling

26. All USA Locations Mark Out to be done by others and must be completed prior to Highway Specialty notifying USA service alert and starting work.

27. Price for construction area signs includes install, removal, initial covering if required and dating of ramp signs. No maintenance

28. CAS price excludes changage message signs and flashing beacons if not noted above

29. All Concstruction Area Signs, Crash Cushions, Barricades, Channelizer, Delineators, Temp barriers are considered rental and shall remain the sole proerty of HSC

30. Highway Specialty will charge prime contractor full replacment cost for any signs missing or damaged during or at the end of the contract

31. Highway Specialty will charge prime contractor full replacment cost/ repairs cost of PCMS, Radar, AFADs that are missing or damaged at the end of contract

32. Should this Quote be accepted by the Prime Contractor, these details in there entirety must be included in the subcontract agreement as quoted. Contractor's signature, or by first allowing HSC to begin work on the project, shall severe as evidence of acceptance of the above conditions THANK YOU FOR THE OPPORTUNITY TO PROVIDE PRICING FOR YOUR SIGN AND TRAFFIC CONTROL NEEDS.

PLEASE FEEL FREE TO CONTACT ME AT (530)949-5685 0R VIA EMAIL AT [email protected]

CONTRACT DETAILS

11.Does not include temporary protection, removal or reseting of Temporary Barrier or Crash Cushions, Barricades, Cones, Safety Railing, Dust Control, Embankment Widening, QC Testing and or Sampling, WPCP, LCP and or training or employees ITEM NO.: J-4

APPROVE AGREEMENT WITH FRANKLIN

CONSTRUCTION INC FOR THE CLARK

PARK PARKING LOT PROJECT IN THE
AMOUNT OF $152,152.00
JULY 14, 2026
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: BRANT MESKER, CITY MANAGER

ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
SUMMARY:

On Thursday, June 4, 2026, the City received and publicly opened three (3) bids for the Clark Park Parking Lot Project. The project includes resurfacing the Clark Park parking lot with a twolayer chip seal, pavement striping, and associated improvements.

Staff reviewed all bids for completeness and compliance with the project specifications and grant requirements. During the review, the apparent low bidder, Walberg Inc., was determined to be nonresponsive for failing to meet the Community Development Block Grant (CDBG) bid requirements. As a result, Franklin Construction Inc. was determined to be the lowest responsive and responsible bidder. The bid tabulation is below for Council's review.

Company Bid Amount
Walberg, Inc. $126,709.16
Franklin Construction, Inc. $152,152.00
Vaca Valley Excavating & Trucking, Inc. $153,907.91
FINANCIAL:

During the 2026/2027 Fiscal Year budgeting process, staff allocated the awarded CDBG grant amount of $74,000 for the Clark Park Parking Lot Project. As part of this action, staff is requesting authorization to utilize Measure A funds to increase the project budget by $78,152.00 to fully fund the project.

RECOMMENDATION:

THE MAYOR AND COUNCIL
• APPROVE AGREEMENT WITH FRANKLIN CONSTRUCTION INC. FOR THE CLARK PARK PARKING LOT PROJECT IN THE AMOUNT OF $152,152.00; AND • ALLOCATE AN ADDITIONAL $78,152.00 OF MEASURE A MONIES TO FUND THE

PROJECT

Page 1 of 5 ends

AGREEMENT FORM
THIS AGREEMENT, entered into as of July 15th, 2026, is between the City of Corning, a public entity, organized and existing pursuant to the laws of the State of California (hereinafter called the "CITY") and Franklin Construction, Inc. (hereinafter called the "Contractor"), WHEREAS, the Contractor has been awarded the contract for the work hereafter mentioned:
“ Clark Park Parking Lot Resurfacing Project”
WITNESSETH:

That the parties hereto mutually agree to the terms and conditions hereinafter set forth.

I. CONTRACT DOCUMENTS
The Items hereinafter enumerated as the Contract Documents shall form a part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth.

Work called for in any one Contract Document and not mentioned in another is to be performed and executed the same as if mentioned in all Contract Documents, the table of contents, titles, and headings contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect or limit the interpretations of the provisions to which they refer.

The "Contract Documents", sometimes also referred to as the Contract, consist of the completed Form of Proposal submitted by the Contractor to whom the Contract is awarded, the Instructions to Bidders insofar as they relate to events which will occur or actions to be taken after the submission of the Proposal, this Agreement to which the General Conditions are attached, the General Requirements, the Supplementary Conditions, the Drawings and Specifications and any modifications of any of the foregoing in the form of addenda or otherwise effected in accordance with the terms of the Contract.

The sections of the CITY's Specifications and the titles of the Drawings, with their assigned numbers and their date of issue, are listed in the Contract Documents.

II. DEFINITIONS
Unless otherwise specifically provided herein, all words and phrases defined in the General Conditions shall have the same meaning and intent in this Agreement. SCOPE OF THE CONTRACT The Contractor shall perform, within the time stipulated, the Contract as herein defined, and shall furnish all labor, tools, equipment, apparatus, facilities, labor and material and transportation necessary to perform and complete in a good workmanlike manner to the satisfaction of the CITY, all the work called for, and in the manner designated in, and in strict conformity with, the Contract Documents entitled:
“Clark Park Parking Lot Resurfacing Project”.

Page 2 of 5 ends

III. CONTRACT PRICE
BASE BID PRICE:

The CITY agrees to pay and the Contractor agrees to accept, in full payment for the work included in the bid for the sum of:

One Hundred Fifty Two Thousand and One Hundred Fifty Two Dollars ($152,152.00). (spell out) (figures
In the event that the City issues a change order for work not covered by the contract documents, Contractor’s compensation for that change order shall be determined in accordance with the “Unit Price” rates set forth on page 3 of Contractor’s “Proposal Bid Forms”.

IV. CONTRACT TIME, COMPLETION, AND CHANGES
A. Notice to Proceed
Within 60 days of the opening of bids the successful low bidder will be authorized by written notice to proceed with the work. The bidder shall have no claim against the CITY, or its officers, employees, agents, consultants, project manager or architect because of failure to issue the Notice to Proceed, and hereby waives any claim against the CITY in connection with the failure to issue the Notice to Proceed
B. Commencement and Prosecution of Work
The Contractor shall commence the work on or before 10 days from and after the date specified in the written "Notice to Proceed," and will diligently prosecute the work to final completion. Said Notice to Proceed shall be issued following execution of the Agreement, the filing by the Contractor of the required bonds and proof of insurance. The continuous prosecution of work by the Contractor shall be subject only to delays as defined in this section of this Agreement.

C. Time of Completion
The entire work shall be brought to substantial completion in the manner provided for in the Contract Documents in a period of 15 working days from and after the date assigned in the Notice to Proceed.

The date, 15 working days from and after the date of the Notice to Proceed shall be hereinafter called the "Estimated Completion Date" unless extensions of time are granted in accordance with the Contract Documents for Category A or B Delays as defined in this section of this Agreement.

Failure to substantially complete the work within the above times and in the manner provided for by the Contract Documents shall subject the Contractor to liquidated damages as hereinafter stipulated in this Agreement. Time is and shall be of the essence in these Contract Documents.

D. Changes in the Work
Changes in the work made and extensions of time of completion made necessary by reason thereof shall not in any way release any guarantee given by the Contractor pursuant to the provision of the Contract Documents, or the contract let hereunder, nor shall such changes in the work relieve or release the Sureties on bonds executed pursuant to the said provisions. The Sureties, in executing such bonds, shall be deemed to have expressly agreed to any such change in the work and to any extension of time made by reason thereof. The CITY agrees that no changes in the work shall be ordered which will necessitate an extension of the substantial completion time beyond the fixed completion date.

Page 3 of 5 ends

E. Extensions of Time
In the event it is deemed necessary by the CITY to extend the time of substantial completion of the work to be done under this contract beyond any required dates of completion herein specified, such extensions shall in no way release any guarantee given by the Contractor pursuant to the provisions of the Contract Documents, or the contract let hereunder, nor shall such extension of time relieve or release the sureties on the bonds executed pursuant to said provisions. The sureties in executing such bonds shall be deemed to have expressly agreed to any such extension of time. The amount of time allowed in any Extension of Time shall be limited to the period of the delay-giving rise to the same as determined by the CITY.

F. Prevailing Wages
Pursuant to Section 1770 et seq. of the Labor Code the Contractor for the work will be required to pay, at least, the general prevailing wage rates as determined by the Director of the Department of Industrial Relations of the State of California. Questions pertaining to the general prevailing wage rates should be directed to the Division of Labor Statistics and Research, P.O. Box 603, San Francisco, CA 94101. A failure to pay the required prevailing wage my result in a penalty through forfeiture as set forth in Labor Code section 1775.

G. Category A Delays
For the purpose of these Contract Documents, the term "Category A Delays" shall mean, and is limited to, delays caused directly by acts of God; acts of the public enemy; fire, riots, insurrections; epidemics; quarantine restrictions; strikes; lockouts; sit- downs; acts of a governmental agency; priorities or privileges established for the manufacture, assembly or allotment of materials necessary in the construction of the work by order, decree or otherwise of the United States or by any department, bureau, commission, committee, agent, or administrator of any legally constituted public authority; changes in the work ordered by the CITY insofar as they necessarily require additional time in which to substantially complete the work; the prevention by the CITY of the Contractor from commencing or prosecuting the work because of the acts of others, excepting the Contractor's subcontractors; or the prevention of the
Contractor from commencing or prosecuting the work because of a city-wide failure of public utility service.

Inclement weather shall not be a prima facie reason for the granting of an extension of time, and the Contractor shall make every effort to continue work under prevailing conditions. The CITY may, however, grant an extension of time if an unavoidable delay as a result of inclement weather in fact occurs, and such shall then be classified as a "Category A Delay".

The term "Category A Delay" shall specifically not include (i) any delay which could have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor; (ii) any delay in the prosecution of parts of the work, which may in itself be unavoidable but which does not necessarily prevent or delay the prosecution of other parts of the work, nor substantial completion of the whole work within the time specified; (iii) any reasonable delay resulting from time required by the CITY for review of plans submitted by the Contractor and for the making of surveys, measurements and inspection; and (iv) any delay arising from an interruption in the prosecution of the work on account of the reasonable interference from other contractors employed by the CITY which does not necessarily prevent the completion of the whole work within the time specified.

Page 4 of 5 ends

H. Category B Delays
For the purposes of these Contract Documents, the term "Category B Delays" shall mean delays caused directly by loss or damage to the project caused by the perils covered by the Builder's Risk insurance provided for by the Agreement or by any war declared by an enactment of the Congress of the United States of America.

VI LIQUIDATED DAMAGES
The provisions for Liquidated Damages appearing in the General Conditions, Article 12, are incorporated by reference as if fully set forth herein. Liquidated damages of $1,000.00 per day will be charged the Contractor for each day of delay beyond the substantial completion date.

VII NOTICE OF DELAY
The Contractor shall promptly notify the CITY in writing of any anticipated delay in the prosecution of the work, and, in any event, promptly upon the occurrence of a delay. Said notice shall constitute an application for an extension of contract time only if it is in compliance with the provisions of Article

12. Failure by the Contractor to make a timely request will result in a waiver of the right to such extension. Contractor shall take notice of General Conditions, Article 12, affecting the time period in which to claim an extension of the contract time for physical conditions and limitations set forth in the General Conditions, Article 12. The CITY may take steps to prevent the occurrence of continuance of the delay and/or may determine to what extent the completion of the work is delayed thereby.

VIII NO WAIVER OF RIGHTS
Neither the inspection by the CITY or its agents, nor any order or certificate for the payment of money, nor any payment for, nor acceptance of the whole or any part of the work by the CITY, nor any extensions of time, nor any position taken by the CITY or its agents shall operate as a waiver of any provision of this Contract, or of any power herein reserved to the CITY or any right to damage herein provided, nor shall any waiver of any breach of this Contract be held to be a waiver of any other or subsequent breach. All remedies provided in this Contract shall be taken and construed as cumulative, that is in addition to each and every other remedy herein provided; and the CITY shall have any and all equitable and legal remedies which it would in any case have.

IX AGREEMENT CONTROLS
In the event of a conflict between the Contract Documents, the conflict shall be resolved by giving precedence in the following order: (1) This Agreement Form; (2) the General Conditions and General Requirements; (3) the Supplementary Conditions; (4) the Notice to Contractors; (5) the Instructions to Bidders; (6) the Technical Specifications text; (7) the Drawings (Plans).

Page 5 of 5 ends

CERTIFICATION
CITY:

BY:

City Manager

CONTRACTOR
BY:

Contractor
Approved as to form:

DATED
DATED
City Counsel
ITEM NO: J-5

AUTHORIZE STAFF TO SOLICIT

REQUESTS FOR QUALIFICATIONS
(RFQ) FOR A FIVE-YEAR AIRPORT

ENGINEERING SERVICES
CONSULTANT AGREEMENT.

JULY 14, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: BRANT MESKER, CITY MANAGER

ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
SUMMARY:

Staff requests Council authorization to seek a Request for Qualifications (RFQ) for an Aviation Consulting Services Agreement in association with the Corning Municipal Airport.

The proposed Agreement would be for a five (5) year term.

BACKGROUND:

The City of Corning owns, operates and maintains the Corning Municipal Airport. The Corning Airport Master Plan adopted in 2003 identifies a number of airport improvements, including the PAPI Light System Upgrade and the Runway Rehabilitation Project, both currently under construction.

Future Airport Improvements must also be consistent with the Airport Master Plan and the Airport Layout Plan (ALP) prepared in 2025. The Airport Engineering Services Consultant will provide design, engineering, and construction support for RSA improvements, airfield lighting rehabilitation, Runway 17/35 rehabilitation, Exhibit A updates, and development of the Airport Capital Improvement Plan.

The consultant will also provide on-call services including CEQA/NEPA environmental documentation, surveying, construction administration, FAA coordination, grant compliance and reporting, project presentations, and other general airport engineering support as needed.

FINANCIAL:

Airport engineering services supporting capital improvement projects are typically eligible for up to 90% FAA grant reimbursement. The selected consultant will assist with FAA coordination and grant-funded project development as applicable.

RECOMMENDATION:

MAYOR AND COUNCIL APPROVE THE:
• AUTHORIZE STAFF TO SEEK REQUEST FOR QUALIFICATIONS FOR AN

AIRPORT PROFESSIONAL ENGINEERING SERVICES CONSULTING

AGREEMENT

REQUEST FOR QUALIFICATIONS (RFQ)
for

PROFESSIONAL AIRPORT CONSULTANT ENGINEERING

SERVICES

CORNING MUNICIPAL AIRPORT
PROJECT # 2026-11
DATE RELEASED: JULY 15, 2026

CITY OF CORNING
794 THIRD STREET
CORNING, CA 96021
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QUALIFICATIONS ARE DUE PRIOR TO 3 P.M., AUGUST 12, 2026

REQUEST FOR QUALIFICATIONS FOR

PROFESSIONAL AIRPORT CONSULTANT PLANNING SERVICES

CORNING MUNICIPAL AIRPORT
In accordance with FAA Advisory Circular 15/5100-14E notice is hereby give that a Request for Qualifications (RFQ) for professional airport consulting services is requested from firms for engineering services at the City of Corning Municipal Airport. It is the intent of the City of Corning to select and negotiate with one prime airport consultant for the duration of up to five (5) years.

The City or Corning has previously submitted grant applications to the Federal Aviation Administration (FAA) and/or the Caltrans Division of Aeronautics and anticipates submitting future grant applications for additional projects. The project elements, time frames and estimates are subject to change at any time due to constraints outside of the City of Corning’s control. The detailed scope of each project element will be determined as each project is approved and funded.

The future projects may include but are not limited to the following:

Anticipated Architectural /Engineering and Design Projects:
• RSA Improvements (Design & Construction)
• Rehab Airfield Lighting System (Design & Construction) • Rehab Runway 17/35 (Design and Construction)
• Exhibit A Update
• Capital Improvement Plan Development
Other Miscellaneous services as needed:
• Provide CEQA and NEPA environmental documentation for related architectural/engineering and design projects as necessary. • Provide miscellaneous architectural/engineering and design, surveying, construction administration management, environmental, and consulting support services as may be required from time to time by the City. These consultant services may include representing the City in all discussions with the FAA regarding the work program, grant requirements, project documentation, presentations to City Council and Airport Commission, and expert witness testimony in litigation involving specific projects. • Assure necessary performance of monitoring and reporting programs for grant assurances and assist with filing federal financial reports for airport projects.

In order to be considered responsive to the RFQ, a firm must be experienced in providing the type of consulting services for which the Statement of Qualifications (SOQ) is applicable, and a firm must be familiar with the City of Corning Municipal Airport. All firms are responsible for the costs associated with the preparation of materials in response to this RFQ, and the City of Corning assumes no responsibility for any such costs.

Upon final decision of the selected firm, contract negotiations for a Professional Services Agreement will be initiated, all in accordance with FAA Advisory Circular 150/5100-14E. By submitting a Statement of Qualification in response to this request, the consultant certifies that they have reviewed the City of Corning’s standard professional services agreement (included in Appendix A with this Request for Qualifications), including insurance requirements and required federal contract provisions. The initial length of the Professional Services Agreement will be for the duration of three (3) years, which can be extended up to two (2) additional years (in one-year increments) at the sole discretion of the City of Corning. If the negotiations are unsuccessful, negotiation will be initiated with the second ranked firm. - 3 -
The negotiation of project specific task orders and associated fees shall occur at the time those services are needed for an approve and funded scope of work. If a price cannot be agreed upon between the City of Corning and the selected firm during negotiations for each individual project task order, then the City of Corning reserves the right to terminate negotiations and initiate a new procurement action.

Understanding the wide diversity of professional services, and to allow for the maximum participation of DBE’s, additional sub consultants may be proposed, for approval by the airport management, as needed. It is the policy of the City of Corning that Disadvantaged Business Enterprises (DBE’s) shall have the maximum opportunity to participate in the performances of contracts financed in whole or part with federal funds. All firms providing professional services for the City of Corning shall take reasonable and necessary steps in accordance with 49 CFR, Part 23, to ensure that DBE’s have the maximum opportunity to compete for and perform contracts without discrimination on the basis of race, creed, color, national origin, handicap or gender.

Interested firms are requested to submit three (3) copies of their SOQ to City of Corning, 794 Third Street, Corning CA 96021 on or before 3:00 p.m., August 12, 2026. SOQ’s received after this date and time will not be considered. SOQ’s must be submitted in a sealed envelope clearly marked with the Firms’ name and the words “PROFESSIONAL AIRPORT CONSULTANT ENGINEERING SERVICES CORNING MUNICIPAL AIRPORT”.

All questions concerning this RFQ shall be presented in writing no later than 12:00 p.m.

Monday, August 3, 2026, to Elijah Stanley, [email protected] with the subject “Airport Consultant Services Engineering RFQ”. All responses to submitted questions will be in the form of written Addenda posted to Publicpurchase.com.

This Request for Qualifications is listed on the City’s website, www.corning.org, and on the website www.Publicpurchase.com.

Statement of Qualification Requirements:

1. General
The Statement shall be concise, well organized and demonstrate an understanding of the Scope of Services. The Proposal shall be limited to twenty (20) double-sided pages (8 1/2 inches X 11 inches), for a total of no more than forty (40) pages, inclusive of resumes, graphics, pictures, photographs, dividers, front and back covers, cover letter, etc.

2. Content and Evaluation Criteria
Each Statement of Qualifications will be evaluated according to the criteria below.

Elements of SOQ’s submitted in response to the RFQ shall include the following:

A. Executive Summary (5 Points):

Include a 1-2 page overview of the entire Statement of Qualifications describing its most important elements.

B. General Information (10 Points):

Provide a general description of the company and/or team that is proposing to provide the services, including subconsultants. Provide an organization chart that identities key staff that will perform the work under this contract. Provide a resume for each of the key staff members with the following information:
i. Length of time with the firm.
ii. Total number of years of experience.
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iii. Applicable professional registrations, including state and year. iv. Area(s) of expertise related to the projects listed on page 2 of this Request for Qualifications.

C. Experience and Qualifications of the Firm/Team & Key Personnel (30 Points):

Provide a summary of similar airport project on which the team has experience.

For each listed project, please provide the following information:
i. Project name and location.
ii. Name of project owner and/or client.
iii. Role of firm and a description of the services provided. iv. Role of each key team member who worked on the project. v. Approximate dates services were provided.
vi. Project references including current phone number.

D. Understanding of the project and approach to performing the required services (50 Points):

Discuss any major issues your team has identified for the future projects listed on page 2 of this Request for Qualifications and how your firm/team intends to address those issues. Identify any technical innovations that may be incorporated and/or innovative approaches that will be used in executing the work. Also, discuss the expertise your firm/team offers and how you propose to use that expertise to benefit the City to add value to each of the projects.

E. Current Workload and Team Availability (5 Points):

Include a statement as to when the team would be available to star work on projects that may be assigned if selected for this contract.

Selection Process and Schedule
The Selection Committee will evaluate each of the Statements of Qualifications based on the criterial listed above. If determined to be in the City’s best interest, the Selection Committee reserves the option of selecting a shortlist of firms to be invited for an oral presentation and interview before the Selection Committee. If oral presentations and interviews are conducted, the top-ranked firm will be chosen based on a combination of the evaluation results of the Statements of Qualifications and the oral presentations and interviews.

The tentative schedule for the selection process is identified below. Firms interested in this project must be available on the interview date.

Advertise RFQ: July 17, 2026 & July 24, 2026
Questions Due: August 6, 2026
SOQ’s Due: August 12, 2026
Interviews (If Desired) Week of August 17, 2026
City Council Approval of Contract August 25, 2026
Agreement – Effective August 26, 2026

5 ADDITIONAL FEDERAL PROVISIONS
FEDERAL TERMS AND CONDITIONS:

During the performance of the contract, the Contractor must agree to comply with all applicable Federal laws and regulations including but not limited to the following:

AFFIRMATIVE ACTION:

The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the United States Department of Agriculture and subject to 24 CFR 85.36(e). The City hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged, minority and women's business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. Minority and women-owned and operated businesses encouraged to apply.

NON-DISCRIMINATION CLAUSE:

During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), 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.

Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

EQUAL OPPORTUNITY:

During the performance of this Contract, the Contractor agrees as follows:

1. The Contractor with comply with Executive Order 11246 of September 24, 1965 entitled Equal Employment Opportunity as amended by Executive Order 11375 of October 1967 as supplemented in Department of Labor regulations (41 CFR chapter 60).

2. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall 6 include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause.

3. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin.

4. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

7. The Contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

8. The Contractor shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe.
7 9. Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract.

10. Whenever the Contractor or subcontractor has a collective bargaining agreement or other Contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information.

11. The Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require.

12. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

INSURANCE: Maintenance, if so required by law, unemployment insurance, disability insurance and liability insurance, which is reasonable to compensate any person, firm, or corporation, who may be injured or damaged by the contractor, or any subcontractor in performing the grant activity(ies) or any part of it.

DISADVANTAGED/MINORITY/WOMEN BUSINESS ENTERPRISE FEDERAL REGULATORY REQUIREMENTS UNDER 24 CFR 85.36(e):

The Contractor will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible.

1. Affirmative steps shall include:
8 i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; v. Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

REQUIREMENTS AND REGULATIONS PERTAINING TO DATA AND DESIGN:

All data and design and engineering work created under this Agreement shall be owned by the City and shall not be subject to copyright protection. The rights to any invention which is developed in the course of this Agreement shall be the property of the City COMPLIANCE WITH CLEAN AIR ACT AND CLEAN WATER ACT:

Contractor shall comply with all applicable standards, orders and requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h).

1. Contractor shall comply with all applicable standards, orders and requirements issued under Section 508 of the Clean Air Act (33 U.S.C. 1368).

2. Contractor shall comply with Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15).

COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT (Pub. L. 94-163, 89 Stat.871):

The Contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163,89 Stat. 871). 9 Appendix A
10 PROFESSIONAL SERVICES AGREEMENT FOR DESIGN PROFESSIONALS (City of Corning / Company or Individual)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Corning, a California municipal corporation (“City”), and ______________________, a ____________________________ (“Consultant”).

2. RECITALS

2.1. City has determined that it requires the following professional services from a consultant:

Professional airport consulting services for engineering services at the City of Corning Municipal Airport.

2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees.

Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

2.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. DEFINITIONS

3.1. “Design Professional”: A Design Professional is any individual satisfying one or more of the following: (1) licensed as an architect pursuant to Business and Professions Code 5500 et seq., (2) licensed as a landscape architect pursuant to Business and Professions Code 5615 et seq., (3) licensed as a professional land surveyor pursuant to Business and Professions Code 8700 et seq., or (4) registered as a professional engineer pursuant to Business and Professions Code 6700 et seq.

3.2. “Scope of Services”: Such professional services as are set forth in Consultant’s Statement of Qualifications submitted to the City attached hereto as Exhibit A and incorporated herein by this reference.

3.3. “Agreement Administrator”: The Agreement Administrator for this project is Elijah Stanley, Public Works Director. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant.
11 3.4. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.5. “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is ____________________ Dollars ($_______________).

3.6. “Commencement Date”: [February 25, 2026]

3.7. “Termination Date”: [February 24, 2029]

4. TERM The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 18 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.

5. CONSULTANT’S DUTIES

5.1. Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

5.2. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.

5.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.

5.4. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.

5.5. Professional Standards. Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).

5.6. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant’s performance of such work. 12 5.7. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. The City Director of Public Works shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.

5.8. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause. respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.

5.9. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

5.10. Notification of Organizational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.

5.11. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to 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 Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

6. SUBCONTRACTING

6.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

6.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.
13 6.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.

7. COMPENSATION

7.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount.

Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.

7.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement.

Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification or position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.

7.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.

7.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.

7.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.

7.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.

7.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.

8. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including the design and preconstruction phases of a covered public works project. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
14 9. OWNERSHIP OF WRITTEN PRODUCTS All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

10. RELATIONSHIP OF PARTIES

10.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.

10.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

10.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.

10.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11. INDEMNIFICATION

11.1 Definitions. For purposes of this Section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officials, officers, agents, employees and volunteers.

11.2 Consultant to Indemnify City. Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising 15 from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant’s indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.

As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, and to the full extent permitted by law, Consultant agrees to indemnity, defend and hold harmless the City, its officers, officials, agents, employees, and volunteers from and against any claims, demands, losses, liability of any kind or nature (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, are in connection with, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.

11.3 Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City. If it is finally adjudicated that liability is caused by the comparative negligence or willful misconduct of an indemnified party, then Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability.

11.4 Attorneys Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation. Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.

11.5 Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.

11.6 Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City.

11.7 Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.

11.8 Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Consultant’s indemnification 16 obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

11.9 Civil Code. The parties are aware of the provisions of Civil Code 2782.8 relating to the indemnification and the duty and the cost to defend a public agency by a Design Professional and agree that this Section 11 complies therewith.

12. INSURANCE

12.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.

12.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best's Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference:

Corning Municipal Airport Consultant
• Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement. • Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.

12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $1,000,000 per occurrence, $2,000,000 aggregate • General Liability:
• General Aggregate: $2,000,000 • Products Comp/Op Aggregate $2,000,000 • Personal & Advertising Injury $1,000,000
• Each Occurrence $1,000,000
• Fire Damage (any one fire) $ 50,000
• Medical Expense (any 1 person) $ 5,000
• Workers' Compensation:
• Workers' Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
17 • Automobile Liability
• Any vehicle, combined single limit $1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the City as additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

12.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.

12.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers' Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

12.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, nonowned, and hired automobiles and, trucks.

12.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or selfinsured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.

12.8. Claims-Made Policies. If any of the required policies provide coverage on a claims made basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

12.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of City of Corning must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37. 18 12.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.

12.11. Notices. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement.

Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Corning, ATTN: Public Works Director, 794 Third Street, Corning, CA 96021.

12.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

12.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City.

Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.

12.14. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant's insurer in connection with the services under this Agreement.

12.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and selfinsured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement. City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.

12.16. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.

13. MUTUAL COOPERATION

13.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.
19 13.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.

14. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on:
(i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City If to Consultant

15. SURVIVING COVENANTS The parties agree that the covenants contained in paragraph 5.11 (Records), paragraph 10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnity), paragraph 12.8 (Claims-Made Policies), paragraph 13.2 (Consultant Cooperation in Defense of Claims), and paragraph 18.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.

16. TERMINATION

16.1. City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

16.2. Consultant Termination. Consultant may terminate this Agreement for a material breach of this Agreement upon 30 days’ notice.

16.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.

16.4. Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.

17. INTERPRETATION OF AGREEMENT

17.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

17.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. 20 No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.

17.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.

17.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

17.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

17.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.

18. GENERAL PROVISIONS

18.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.

18.2. Conflicts of Interest. Consultant maintains and warrants 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 warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services.

For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

18.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt 21 to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

18.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.

18.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended thirdparty beneficiary of any right or obligation assumed by the parties.

18.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.

18.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

18.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.

18.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

18.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.

18.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs expended in the action.

18.12. Venue. The venue for any litigation shall be Tehama County, California and Consultant hereby consents to jurisdiction in Tehama County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

ITEM NO: J-6

AUTHORIZE STAFF TO SOLICIT

REQUESTS FOR QUALIFICATIONS
(RFQ) FOR A FIVE-YEAR AIRPORT

PLANNING SERVICES CONSULTANT
AGREEMENT.

JULY 14, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: BRANT MESKER, CITY MANAGER

ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
SUMMARY:

Staff requests Council authorization to seek a Request for Qualifications (RFQ) for an Aviation Consulting Services Agreement in association with the Corning Municipal Airport.

The proposed Agreement would be for a five (5) year term.

BACKGROUND:

Future Airport Improvements must also be consistent with the Airport Master Plan and the Airport Layout Plan (ALP) prepared in 2025. The Airport Planning Services Consultant will provide airport planning, environmental review, capital improvement and financial planning support, grant and FAA coordination, GIS and airspace analysis, and assistance with public outreach and regulatory compliance.

FINANCIAL:

Airport planning services supporting capital improvement projects are typically eligible for up to 90% FAA grant reimbursement. The selected consultant will assist with FAA coordination and grant-funded project development as applicable.

RECOMMENDATION:

MAYOR AND COUNCIL APPROVE THE:
• AUTHORIZE STAFF TO SEEK REQUEST FOR QUALIFICATIONS FOR AN

AIRPORT PROFESSIONAL PLANNING SERVICES CONSULTING

AGREEMENT

REQUEST FOR QUALIFICATIONS (RFQ)
for

PROFESSIONAL AIRPORT CONSULTANT PLANNING

SERVICES

CORNING MUNICIPAL AIRPORT
PROJECT # 2026-12
DATE RELEASED: JULY 15, 2026

CITY OF CORNING
794 THIRD STREET
CORNING, CA 96021
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QUALIFICATIONS ARE DUE PRIOR TO 2 P.M., AUGUST 12, 2026

REQUEST FOR QUALIFICATIONS FOR

PROFESSIONAL AIRPORT CONSULTANT PLANNING SERVICES

CORNING MUNICIPAL AIRPORT
In accordance with FAA Advisory Circular 15/5100-14E notice is hereby give that a Request for Qualifications (RFQ) for professional airport consulting services is requested from firms for planning services at the City of Corning Municipal Airport. It is the intent of the City of Corning to select and negotiate with one prime airport consultant for the duration of up to five (5) years.

Aviation Planning Services
This category includes studies under the broad headings of airport system and master planning, airport noise compatibility planning, environmental assessments, and related studies. These studies include, but are not limited to, the following activities:
• Design study to establish the framework and detailed work program. • Airport data collection and facility inventories.
• Aeronautical activity forecasts and demand/capacity analyses. • Facility requirements determination.
• Airfield modeling for capacity and delay.
• Airport layout and terminal area plan development.
• Airport noise studies under 14 CFR Parts 150 and 161. • Compatible land-use planning in the vicinity of airports. • Airport site selection studies.
• Assist in the annual preparation and development of Airport Capital Improvement Plans (ACIP).
• Prepare necessary applications and documentation for Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant funding.
• Airport development schedules and cost estimates.
• Airport financial planning and benefit cost analysis. • Participation in public information and community involvement programs and/or public hearings relating to airport development and planning projects. • Environmental Assessments (EA), Environmental Impact Statements (EIS), and other studies in accordance with FAA Orders 5050.4 and 1050.1. • Environmental studies, assessments, and reports, to include requirements of CEQA, NEPA, and all associated regulations, including the ability to represent the airport(s) in discussions with regulatory agencies. Other environmental services as may be required. • Preparation of or updating of the airport layout plan. • Airspace analysis.
• GIS data collection, entry, analysis, and other electronic graphical/mapping efforts. - 3 -
• Preparation of studies involving historical, archaelogical and cultural resources. • Assist the County in navigating Disadvantaged Business Enterprise (DBE) policies and regulations; including plan updates and reporting, if/when required. • General coordination with the FAA.

The negotiation of project specific task orders and associated fees shall occur at the time those services are needed for an approve and funded scope of work. If a price cannot be agreed upon between the City of Corning and the selected firm during negotiations for each individual project task order, then the City of Corning reserves the right to terminate negotiations and initiate a new procurement action.

Understanding the wide diversity of professional services, and to allow for the maximum participation of DBE’s, additional sub consultants may be proposed, for approval by the airport management, as needed. It is the policy of the City of Corning that Disadvantaged Business Enterprises (DBE’s) shall have the maximum opportunity to participate in the performances o contracts financed in whole or part with federal funds. All firms providing professional services for the City of Corning shall take reasonable and necessary steps in accordance with 49 CFR, Part 23, to ensure that DBE’s have the maximum opportunity to compete for and perform contracts without discrimination on the basis of race, creed, color, national origin, handicap or gender.

Interested firms are requested to submit three (3) copies of their SOQ to City of Corning, 794 Third Street, Corning CA 96021 on or before 2:00 p.m., August 12, 2026. SOQ’s received after this date and time will not be considered. SOQ’s must be submitted in a sealed envelope clearly marked with the Firms’ name and the words “PROFESSIONAL AIRPORT PLANNING CONSULTANT SERVICES CORNING MUNICIPAL AIRPORT”.

All questions concerning this RFQ shall be presented in writing no later than 12:00 p.m.

Wednesday, August 3, 2026, to Elijah Stanley, [email protected] with the subject “Airport Consultant Planning Services RFQ”. All responses to submitted questions will be in the form of written Addenda posted to Publicpurchase.com.

This Request for Qualifications is listed on the City’s website, www.corning.org, and on the website www.Publicpurchase.com.
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Statement of Qualification Requirements:

2. Content and Evaluation Criteria
Each Statement of Qualifications will be evaluated according to the criteria below.

Elements of SOQ’s submitted in response to the RFQ shall include the following:

A. Executive Summary (5 Points):

Include a 1-2 page overview of the entire Statement of Qualifications describing its most important elements.

B. General Information (10 Points):

Provide a general description of the company and/or team that is proposing to provide the services, including subconsultants. Provide an organization chart that identities key staff that will perform the work under this contract. Provide a resume for each of the key staff members with the following information:
i. Length of time with the firm.
ii. Total number of years of experience.
iii. Applicable professional registrations, including state and year. iv. Area(s) of expertise related to the projects listed on page 2 of this Request for Qualifications.

C. Experience and Qualifications of the Firm/Team & Key Personnel (30 Points):

Provide a summary of similar airport project on which the team has experience.

D. Understanding of the project and approach to performing the required services (50 Points):

E. Current Workload and Team Availability (5 Points):

Include a statement as to when the team would be available to star work on projects that may be assigned if selected for this contract. - 5 -
Selection Process and Schedule
The Selection Committee will evaluate each of the Statements of Qualifications based on the criterial listed above. If determined to be in the City’s best interest, the Selection Committee reserves the option of selecting a shortlist of firms to be invited for an oral presentation and interview before the Selection Committee. If oral presentations and interviews are conducted, the top-ranked firm will be chosen based on a combination of the evaluation results of the Statements of Qualifications and the oral presentations and interviews.

The tentative schedule for the selection process is identified below. Firms interested in this project must be available on the interview date.

6 ADDITIONAL FEDERAL PROVISIONS
FEDERAL TERMS AND CONDITIONS:

During the performance of the contract, the Contractor must agree to comply with all applicable Federal laws and regulations including but not limited to the following:

AFFIRMATIVE ACTION:

NON-DISCRIMINATION CLAUSE:

Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

EQUAL OPPORTUNITY:

During the performance of this Contract, the Contractor agrees as follows:

2. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall 7 include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause.

8. The Contractor shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe.
8 9. Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract.

DISADVANTAGED/MINORITY/WOMEN BUSINESS ENTERPRISE FEDERAL REGULATORY REQUIREMENTS UNDER 24 CFR 85.36(e):

The Contractor will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible.

1. Affirmative steps shall include:
9 i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; v. Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

REQUIREMENTS AND REGULATIONS PERTAINING TO DATA AND DESIGN:

Contractor shall comply with all applicable standards, orders and requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h).

1. Contractor shall comply with all applicable standards, orders and requirements issued under Section 508 of the Clean Air Act (33 U.S.C. 1368).

2. Contractor shall comply with Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15).

COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT (Pub. L. 94-163, 89 Stat.871):

The Contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163,89 Stat. 871). 10 Appendix A
11 PROFESSIONAL SERVICES AGREEMENT FOR DESIGN PROFESSIONALS (City of Corning / Company or Individual)

2. RECITALS

2.1. City has determined that it requires the following professional services from a consultant:

Professional airport consulting services for planning services at the City of Corning Municipal Airport.

2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees.

Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. DEFINITIONS

3.3. “Agreement Administrator”: The Agreement Administrator for this project is Elijah Stanley, Public Works Director. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant.
12 3.4. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.6. “Commencement Date”: [February 11, 2026]

3.7. “Termination Date”: [February 10, 2029]

5. CONSULTANT’S DUTIES

5.2. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.

5.4. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.

5.6. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant’s performance of such work. 13 5.7. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. The City Director of Public Works shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.

6. SUBCONTRACTING

6.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.
14 6.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.

7. COMPENSATION

Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.

7.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement.

7.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.

8. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including the design and preconstruction phases of a covered public works project. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
15 9. OWNERSHIP OF WRITTEN PRODUCTS All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

10. RELATIONSHIP OF PARTIES

10.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.

11. INDEMNIFICATION

11.2 Consultant to Indemnify City. Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising 16 from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant’s indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.

11.8 Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Consultant’s indemnification 17 obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

12. INSURANCE

12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $1,000,000 per occurrence, $2,000,000 aggregate • General Liability:
• General Aggregate: $2,000,000 • Products Comp/Op Aggregate $2,000,000 • Personal & Advertising Injury $1,000,000
• Each Occurrence $1,000,000
• Fire Damage (any one fire) $ 50,000
• Medical Expense (any 1 person) $ 5,000
• Workers' Compensation:
• Workers' Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
18 • Automobile Liability
• Any vehicle, combined single limit $1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the City as additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

12.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, nonowned, and hired automobiles and, trucks.

12.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of City of Corning must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37. 19 12.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.

12.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City.

Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.

13. MUTUAL COOPERATION

13.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.
20 13.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.

If to City If to Consultant

16. TERMINATION

16.2. Consultant Termination. Consultant may terminate this Agreement for a material breach of this Agreement upon 30 days’ notice.

16.4. Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.

17. INTERPRETATION OF AGREEMENT

17.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

17.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. 21 No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.

18. GENERAL PROVISIONS

18.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt 22 to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

18.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.

18.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended thirdparty beneficiary of any right or obligation assumed by the parties.

18.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

ITEM NO: J-7

RENEWAL OF FEDERAL

EXCESS PERSONAL

PROPERTY AGREEMENT
July 14, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: BRANT MESKER, CITY MANAGER

TOM TOMLINSON, FIRE CHIEF
SUMMARY:

The California Department of Forestry and Fire Protection (CAL FIRE), acting as the State administrator for the United States Department of Agriculture (USDA) Forest Service Federal Excess Personal Property (FEPP) Program, has provided the City of Corning Volunteer Fire Department with a new Cooperative Agreement for continued participation in the program.

The FEPP Program allows eligible fire agencies to obtain federal excess equipment for use in wildland and rural community fire protection. Under the program, ownership of the equipment remains with the USDA Forest Service, while participating agencies assume responsibility for the transportation, maintenance, operation, insurance, storage, and proper use of the equipment in accordance with federal and state requirements.

The Corning Volunteer Fire Department currently participates in the FEPP Program and has one Type 3 Wildland Engine assigned through the program. Continued participation requires execution of the updated Cooperative Agreement and approval by the governing body through adoption of a resolution.

The agreement has a five-year term and may be renewed provided the Department remains in compliance with program requirements. If participation is terminated, FEPP property must be returned to CAL FIRE and the USDA Forest Service.

RECOMMENDATION:

COUNCIL ADOPT RESOLUTION 07-14-2026-01 AND AUTHORIZE CITY FIRE CHIEF, TOM TOMLINSON, TO SIGN COOPERATIVE AGREEMENT NO. 992503 WITH CAL FIRE FOR THE LOAN OF FEDERAL EXCESS PERSONAL PROPERTY (FEPP).

RESOLUTION NO.: 07-14-2026-01
A Resolution of the City Council of the City of Corning Authorizing Application for Federal Excess Personal Property in accordance with
United States Forest Service Cooperative Forestry Assistance Act (CFAA) of 1978 WHEREAS, the City Council of the City of Corning, on behalf of the Corning Volunteer Fire Department has resolved that there is a need for Federal Excess Personal Property to help fight wildland, rural, structure or other fires in the City of Corning; and WHEREAS, the loan of certain FEPP items is available for local fire agencies as described in the USDA Forest Service FEPP Desk Guide, in accordance with the Cooperative Forestry Assistance Act (CFAA) of 1978 (16 U.S.C. Chapter 41 § 2101).

THEREFORE, be it resolved that the City Council of the Corning Volunteer Fire Department accepts the agreement between the State of California, Department of Forestry and Fire Protection (CAL FIRE) and the Corning Volunteer Fire Department for the acquisition of FEPP.

BE IT FURTHER RESOLVED THAT the City Council authorizes Fire Chief Tom Tomlinson to sign Federal Excess Personal Property (FEPP) Agreement No. 992503 on behalf of the City.

The foregoing Resolution was adopted by the City Council of the City of Corning on this 14th day of July 2026, by the following vote:

AYES:

NOES:

ABSTAINING:

ABSENT:
_____________________________
Robert Snow, Mayor
ATTEST:

I, Rubi Ordaz, City Clerk of the City of Corning, California, DO HEREBY CERTIFY that the foregoing Resolution 07-14-2026-01 was duly introduced, approved and adopted by the City Council of the City of Corning at a regular meeting of said Council held on the 14th day of July, 2026 by the votes listed above.
___________________________
Rubi Ordaz, City Clerk
Agreement #: 992503

Page 1 of 7 ends

STATE OF CALIFORNIA

THE NATURAL RESOURCES AGENCY

DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE)

COOPERATIVE AGREEMENT FOR THE

USDA FOREST SERVICE

FEDERAL EXCESS PERSONAL PROPERTY (FEPP) PROGRAM
Under the United States Forest Service Cooperative Forestry Assistance Act (CFAA) of 1978 This agreement is entered into by and between

THE STATE OF CALIFORNIA

DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE)
AND

CORNING VOLUNTEER FIRE DEPARTMENT
This agreement made and entered into this day of , 20 , by and between the State of California acting by and through the Director of the Department of Forestry and Fire Protection (CAL FIRE), hereinafter referred to as the STATE and the Corning Volunteer Fire Department, hereinafter referred to as the COOPERATOR, covenants as follows:

I. PURPOSE
The STATE has been approved as an agent of the United States Department of Agriculture (USDA) Forest Service for administering Federal Excess Personal Property (FEPP) as part of the Cooperative Fire Protection Program, which allows the COOPERATOR to take custody and use FEPP property for wildland and rural community fire protection services.

II. MUTUAL INTEREST OF PARTIES
Both the STATE and the COOPERATOR have a mutual interest in the prevention, protection and suppression of all wildland and rural community fires near and adjacent to the property and the people of California.

III. AUTHORITIES
The Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. § 483) and the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. § 2106(c)) authorizes the FEPP Program as an element of the Cooperative Fire Protection Program (16 U.S.C. § 2106(b)). Under these authorities, the USDA Forest Service may lend FEPP property needed for wildland and rural community fire protection to the STATE and to local paid or unpaid fire departments for their use.

IV. RESPONSIBILITIES
THE COOPERATOR AGREES:

1. Primary use of FEPP property must be 90 percent for activities directly related to wildland and rural community fire protection; however, situations may occur that make this exclusive use impractical.

Non-fire emergency use of FEPP property is authorized and limited to no more than 10 percent total Agreement #: 992503

Page 2 of 7 ends

usage. Abuse of the 10 percent non-fire use standard could result in recall of the property on loan, suspension from the program, or other sanctions.

2. FEPP property acquired by the COOPERATOR is not permitted to be rented, leased, loaned, or traded to another party; no exceptions. FEPP property is not permitted to be transferred or sold without prior approval from the STATE or the USDA Forest Service. FEPP property is for official use only; personal use of FEPP property is prohibited, violates the law, and this Cooperative agreement.

Any personal use violations found, subjects the COOPERATOR to penalties and FEPP property recall as determined by the STATE and the USDA Forest Service.

3. To immediately notify the STATE of receipt of FEPP property during the acquisition process.

4. To bear the entire cost of transportation, retrofit, modification, maintenance, repairs, and operation of acquired FEPP property while in the COOPERATOR’s possession.

5. The COOPERATOR must paint any FEPP rolling stock acquired directly from the USDA Forest Service that has the distinct Forest Service green color. If the FEPP property is acquired from the Department of Defense (DoD) and has military colors or markings, it must be painted. This is mandatory per the STATE and the USDA Forest Service. The painting of the FEPP vehicle must be accomplished within one (1) calendar year of the acquisition.

6. To register all FEPP rolling stock with the California Department of Motor Vehicles (DMV) within 60 days of receipt of property. Lien Holder will remain as the USDA Forest Service. This is mandatory as ownership remains with the USDA Forest Service. Registered Owner will be the COOPERATOR.

7. To obtain prior to operation of any FEPP property the minimum liability insurance in the amount required by State law to cover the operation of FEPP rolling stock. The COOPERATOR must maintain adequate insurance to cover damages or injuries to cover persons or property relating to the use of the property. Proof of insurance coverage must be provided to the STATE in the form of an insurance policy or a self-insured statement on an official letterhead.

8. Drivers of FEPP property must take the necessary equipment training and have a valid California operator license to operate the loaned vehicle(s).

9. To make FEPP property operable and ready to be placed into service for wildland and rural community fire protection, including fire suppression and prevention. Operational condition of the property will be achieved within one (1) year to the date of property pick up/receipt.

10. FEPP property cannot be modified or cannibalized without prior authorization from the STATE and the USDA Forest Service. The COOPERATOR shall contact the STATE with a request and justification to modify or cannibalize any FEPP property. The request must be submitted for approval before any modification or cannibalization to FEPP property takes place.

11. The COOPERATOR is responsible for the proper care, maintenance, security and storage of all acquired FEPP property.

12. All FEPP property must be identified as property belonging to the USDA Forest Service and for fire use only. The STATE will provide USDA Forest Service property tags along with a property number assigned to accountable FEPP property.

Agreement #: 992503

Page 3 of 7 ends

13. To promptly report any FEPP property when it is no longer needed by the COOPERATOR to the STATE and the USDA Forest Service for disposal authority. The COOPERATOR is not to release FEPP property to anyone unless the STATE and the USDA Forest Service have provided the proper authorization and documentation needed. The COOPERATOR is to provide reasonable access to authorized personnel for inspection and removal of FEPP property.

14. Ownership of all accessories, tools, light bars, sirens and equipment which is added to the loaned FEPP property remains with the COOPERATOR and must be removed prior to the disposal process.

15. Accidents involving FEPP property must be reported directly to the STATE within 10 days of the situation. This includes accidents that result in death, injury, illness, or property damage (more than $350). Depending on the type of accident, the STATE will provide direction to the COOPERATOR on the information required to be submitted to the USDA Forest Service.

16. Lost, stolen, damaged or destroyed FEPP property shall be reported to the STATE for proper documentation and handling.

17. When FEPP property is lost, damaged, destroyed or stolen, a determination is required whether there was negligence on the part of the COOPERATOR. The STATE shall make a recommendation to the USDA Forest Service Property Management Officer (PMO) whether there was negligence or gross negligence.
a. Negligence: The failure to abide by Federal rules and regulations. i. Repeated instances of negligent damage to FEPP property by staff of the COOPERATOR may be cause for the STATE to suspend further acquisitions by the COOPERATOR until the reasons for the negligence are identified and steps taken to prevent further instances. b. Gross negligence: The intentional, willful, or wanton failure to exercise a reasonable degree of care to protect FEPP property in one’s custody in reckless disregard of the consequences of the actions.
i. If the STATE determines that there is apparent gross negligence on the part of the COOPERATOR staff, the findings plus all supporting documentation shall be forwarded by the STATE to the USDA Forest Service PMO for a final determination. ii. Should the USDA Forest Service submit the final determination is one of gross negligence and sends the STATE a Bill of Collection for FEPP property under the COOPERATOR’s care, the COOPERATOR will reimburse the STATE for all the costs listed on the Bill of Collection.
iii. The COOPERATOR shall be suspended from acquiring any additional FEPP property for a set time as determined by the STATE.
iv. A second case of gross negligence will cause the COOPERATOR to lose all privileges of participation in the FEPP program as determined by the STATE.

18. To perform/participate in the physical inventory process on FEPP property in the COOPERATOR’s possession every two (2) years.

19. The STATE and the USDA Forest Service will periodically conduct joint reviews of the FEPP program to ensure compliance with the USDA Forest Service and other applicable statutes, regulations and policies are being followed. The COOPERATOR must participate and provide access to all physical FEPP property along with access to all FEPP documentation during the review. The STATE is authorized to perform audits and reviews by STATE personnel, in between joint reviews, to provide the USDA Forest Service information for FEPP program improvements.

Agreement #: 992503

Page 4 of 7 ends

20. To retain all documentation on all inventoried FEPP property for six (6) years and three (3) months after the year designated for the disposal of the property. The STATE will send all mandatory documentation required for acquisition, management and disposal of FEPP property to the COOPERATOR as these processes occur.

21. The COOPERATOR must provide access to and the right to examine all records, books, papers or documents relating to the FEPP program to the USDA Forest Service, the USDA Office of the Inspector General (OIG), the Comptroller General of the United States, the STATE and their authorized representatives.

22. To comply with Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or natural origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination, under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. To comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d) prohibiting discrimination where discriminatory practices will result in unequal treatment of persons who are or should be benefiting from the activity.

V. OTHER AGREEMENT TERMS
IT IS MUTUALLY AGREED THAT:

1. Title to all FEPP property shall remain vested in the United States federal government.

2. The COOPERATOR shall complete a resolution, or a statement from their governing board/council, approving participation in the FEPP program. The resolution must be received with this Cooperative agreement as a requirement of the Terms and Conditions before the STATE will prepare or continue (in the case of a renewal agreement) the COOPERATOR’s access to screen and manage FEPP property.

3. All FEPP property loaned to the COOPERATOR shall be for an indefinite period of time, unless the COOPERATOR is negligent of program requirements as detailed in the Terms and Conditions of this Cooperative agreement as well as any Federal regulations that govern the FEPP program. The agreement may be terminated by either party after giving notice 60 days in advance of such termination to the other party.

4. The STATE will not be responsible for furnishing spare parts for FEPP property and the COOPERATOR accepts all FEPP property “as is” without any warranties of any kind, either expressed or implied.

5. Amendments to this Cooperative agreement covering acquisitions and disposals of FEPP property will be submitted by the STATE to the COOPERATOR for review and signature. These Amendments will be sent upon completion of the action taken and must be returned signed and dated by the COOPERATOR to the STATE to maintain accurate record keeping as required by the USDA Forest Service.

6. COOPERATORS with any FEPP property will cooperate with regulatory agencies to ensure compliance with Federal and State regulations, program and property management requirements.

7. In the event of any dispute over FEPP loaned equipment or any terms or conditions contained herein, the dispute shall be decided by the STATE and its decision shall be binding and final.

Agreement #: 992503

Page 5 of 7 ends

8. The parties hereto agree that the COOPERATOR, their officers, employees, agents, servants, contractors, volunteers, paid firefighters, and all others acting on behalf of the COOPERATOR, performing under the terms of this Cooperative agreement, are not acting as officers, employees or agents of the State or the Federal government.

9. The COOPERATOR agrees to defend, indemnify, save and hold harmless the STATE as defined herein, and the Department of Forestry and Fire Protection (CAL FIRE), their officers, agents and employees against all claims, demands, causes of action or liability of any kind whatsoever arising out of the acts of the COOPERATOR, its agents or employees in the performance of any function provided for under the terms of this agreement or the use of property transferred.

10. The period of this agreement is for five (5) years from the date of last signature on page six (6) and entered on page one (1), if no violations or signatory changes occur. Thereafter, the agreement shall be reviewed every other year for compliance by the STATE during the agreement review process and extended if no violations or changes have occurred, not to exceed a five (5) year term renewal. This Cooperative agreement supersedes all prior agreements related to the FEPP program.

11. Either party may terminate this agreement by providing written notice to the other party 60 days prior to the termination date. If the agreement is terminated, the COOPERATOR shall be ineligible to continue participation in the FEPP program. Upon termination of this Cooperative agreement, all FEPP property assigned to the COOPERATOR shall be returned to the STATE. Prior to terminating a COOPERATOR’s eligibility for cause, the STATE shall attempt alternative resolutions.

12. Any information provided to the STATE under this Cooperative agreement is subject to the Freedom of Information Act (5 U.S.C. §§ 551 et seq.).

13. The primary contact information of the parties hereto, for all notices, payments, repayments, or any other activity required or contemplated under the terms of this Cooperative agreement are:

Cooperator Name:

Corning Volunteer Fire Department Department of Forestry and Fire Protection (CAL FIRE)
Federal Property Programs Contact Name:

Tom Tomlinson
Title:

Fire Chief
Street Address:
814 5th Street
Street Address:
710 Riverpoint Court
West Sacramento, CA 95605
Mailing Address:
814 5th Street
Mailing Address:

P.O. Box 944246
City:

Corning
City:

Sacramento
Zip:
96021
Zip:
94244-2460
Phone Number:
(530) 824-7044 Ext.

Phone Number:
(916) 956-7610
Cell Phone Number:
( ) -
Fax Phone Number:
(916) 894-9880
Email:
[email protected]
Email:

[email protected]
Agreement #: 992503

Page 6 of 7 ends

14. Local CAL FIRE Unit contact information:

CAL FIRE Unit:

Tehama - Glenn Unit (TGU)
Point of Contact:

TGU Forestry Logistics Officer
Physical Address:
604 Antelope Blvd.

City:

Red Bluff
Zip Code:
96080
Phone Number:
(530) 200-2510 Ext. :

IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year of the last signature below.

COOPERATOR
NAME OF COOPERATOR:

Corning Volunteer Fire Department
BY (Authorized Signature): DATE SIGNED:

PRINTED NAME AND TITLE OF PERSON SIGNING:

Tom Tomlinson, Fire Chief

STATE OF CALIFORNIA
Department of Forestry and Fire Protection (CAL FIRE)
BY (CAL FIRE Unit Chief): DATE SIGNED:

PRINTED NAME AND TITLE OF PERSON SIGNING:

Monty Smith, Unit Chief, Tehama-Glenn Unit (TGU)
BY (CAL FIRE State and Federal Property and Recycling Manager): DATE SIGNED:

PRINTED NAME AND TITLE OF PERSON SIGNING:

Melissa Hillis, State and Federal Property and Recycling Supervisor I

Agreement #: 992503

Page 7 of 7 ends

STATE OF CALIFORNIA

THE NATURAL RESOURCES AGENCY

DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE)

COOPERATIVE AGREEMENT FOR THE

USDA FOREST SERVICE

FEDERAL EXCESS PERSONAL PROPERTY (FEPP) PROGRAM
Under the United States Forest Service Cooperative Forestry Assistance Act (CFAA) of 1978

ATTACHMENT A

CORNING VOLUNTEER FIRE DEPARTMENT
ITEM: SERIAL #: PROPERTY #

1. Type 3 Wildland Engine, 2006 IHC 7400,
4X2 1HTWCAZN96J349217 PP0000032856

2. 3.

4. 5.

6. 7.

Rev. November 2022
AGREEMENT #: 992503

RESOLUTION AUTHORIZING APPLICATION

FOR THE FEDERAL EXCESS PERSONAL PROPERTY (FEPP) PROGRAM

IN ACCORDANCE WITH
Cooperative Forestry Assistance Act (CFAA) of 1978 (16 U.S.C. Chapter 41 § 2101) ______________
Date
The City Council of the _____________________ Volunteer Fire Department finds:

WHEREAS, there is a need for excess personal property from the United States Department of Agriculture (USDA) Forest Service through the Federal Excess Personal Property (FEPP) program to help actively engage in the prevention, protection, and suppression of all wildland, rural, structural, or other fires in the City of _____________________, and,
WHEREAS, the loan of certain FEPP items is available for local fire agencies as described in the USDA Forest Service FEPP Desk Guide, in accordance with the Cooperative Forestry Assistance Act (CFAA) of 1978 (16 U.S.C. Chapter 41 § 2101).

THEREFORE, be it resolved that the City Council of the _____________________ Volunteer Fire Department accepts the agreement between the State of California, Department of Forestry and Fire Protection (CAL FIRE) and the _____________________ Volunteer Fire Department for the acquisition of FEPP, and, authorizes Fire Chief _____________________ to sign the agreement on behalf of the City Council. ________________________________
City Clerk
City Council of the _____________________ Volunteer Fire Department Rev. 1/2024
1 | Page
Jun 2019

STATE OF CALIFORNIA, THE RESOURCES AGENCY

DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE)

USDA FOREST SERVICE

PROPERTY WANT / WISH LIST

FEDERAL EXCESS PERSONAL PROPERTY (FEPP) PROGRAM

NEW UPDATE
Date of Request:

Agreement #: 992503

FIRE COOPERATOR INFORMATION
Fire Cooperator Name:

Fire Chief:

Point of Contact (if different):

Phone Number: ( ) - ext.

Cell Phone Number: ( ) -
Email:

VEHICLE REQUEST
Body Style/Type (Fire Engine, Pickup Truck,
Tender, SUV, HUMVEE, etc.):

Model:

Year(s): Cab Type (2 or 4 Doors):

Transmission Type: Drive Type (4x2, 4x4):

Tonnage: Fuel Type (Gas, Diesel):

Additional Information:

CAL FIRE Use Only Comments:______________________________________ Unit FLO Initial: ______

VEHICLE REQUEST
Body Style/Type (Fire Engine, Pickup Truck,
Tender, SUV, HUMVEE, etc.):

Model:

Year(s): Cab Type (2 or 4 Doors):

Transmission Type: Drive Type (4x2, 4x4):

Tonnage: Fuel Type (Gas, Diesel):

Additional Information:

CAL FIRE Use Only Comments:______________________________________ Unit FLO Initial: ______ 2 | Page
Jun 2019

ALL OTHER PROPERTY REQUESTS
Other equipment examples include but are not limited to: Slip-on pumps, generators, gym equipment, fire tools, winches, medical supplies, vehicle parts, construction material, office supplies and household furniture.

Item (Specific Details):

Cooperator: Review Terms

I certify that appropriate local funding will be made available to transport, repair, maintain, secure and store all FEPP property. This includes painting all acquired FEPP rolling stock to match the Fire district’s/department’s current vehicle fleet and to apply the logo and letter identifiers as outlined in the FEPP Cooperative Agreement Terms and Conditions.

COOPERATOR
NAME OF FIRE DEPARTMENT:

BY (Authorized Signature):

DATE SIGNED:

PRINTED NAME AND TITLE OF PERSON SIGNING:

STATE OF CALIFORNIA
Department of Forestry and Fire Protection
BY (CAL FIRE FORESTRY LOGISTICS OFFICER):

DATE SIGNED:

PRINTED NAME AND TITLE OF PERSON SIGNING:

STATE OF CALIFORNIA
Department of Forestry and Fire Protection
BY (CAL FIRE BUSINESS SERVICES OFFICE):

DATE SIGNED:

PRINTED NAME AND TITLE OF PERSON SIGNING:

Alicia Hastings, Federal Property Coordinator

STATE OF CALIFORNIA

THE NATURAL RESOURCES AGENCY

DEPARTMENT OF FORESTRY AND FIRE PROTECTION

AAMS/GSA PPMS SCREENER REQUEST FORM

PROPERTY SEARCH ONLY

FOR LOCAL COOPERATORS IN FEPP PROGRAM

PLEASE READ AND COMPLETE ONLY APPLICABLE FIELDS
SCREENER INFORMATION - STEP 1
AUTHORIZING SIGNATURES - STEP 2

THE SECTION BELOW IS FOR USE BY SACRAMENTO FEPP PROGRAM OFFICE AND THE USFS

USDA FOREST SERVICE
GSA PPMS LOGIN INFORMATION:

ACCESS LEVEL REQUESTED:

AAMS/GSA PPMS - PROPERTY SEARCH ONLY
NEW SCREENER ID (Update Only)
DATE OF REQUEST:

NAME (First, Last):

TITLE:

FIRE COOPERATOR NAME:

STREET ADDRESS (NO P.O. BOX):

MAILING ADDRESS (If different from above):

CITY AND STATE:

TELEPHONE NUMBER (ex. (555)-555-5555):

EMAIL ADDRESS:

BY (Fire Chief or Authorizing Signature):

BY (State FEPP Coordinator):

LOGON ID:

BY (Forest Service Property Management Officer):

REV 12-2018
CELL PHONE NUMBER (ex. (555)-555-5555):

ZIP CODE:

DATE SIGNED:

TEMPORARY PASSWORD:

LFC FEPP AGREEMENT #:
(To be completed by State)
ITEM NO.: J- 8

APPROVE PROPOSED SIDE LETTER

TO THE PUBLIC SAFETY BARGANING

UNIT MEMORANDUM OF

UNDERSTANDING (MOU) REGARDING

DETERMINATION OF VARIOUS SHIFT

SCHEDULES RELATED TO WORK

SCHEDULE ASSIGNMENTS AND

OVERTIME
July 14, 2026
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: BRANT MESKER, CITY MANAGER
SUMMARY:

The proposed Side Letter amends Article 12 (Workday and Workweek) of the Public Safety Officers Memorandum of Understanding to clarify compensation and overtime provisions for employees assigned to alternative work schedules and assignments. The agreement establishes overtime eligibility based on scheduled 8-hour, 10-hour, or 12- hour workdays, requires employees to use approved leave to complete their regularly scheduled shifts when necessary, and defines overtime eligibility after the full scheduled workday or 80-hour pay period has been met. All other terms and conditions of the MOU remain unchanged.

If approved the side letter would be effective as of July 5, 2026.

RECOMMENDATION:

MAYOR AND COUNCIL APPROVE:
• THE CITY OF CORNING PUBLIC SAFETY UNIT SIDELETTER AGREEMENT REGARDING PAY FOR ALTERNATE WORK SCHEDULES.

SIDE LETTER BETWEEN THE CITY OF CORNING AND
OPERATING ENGINEERS UNION LOCAL NO. 3 OF THE

INTERNATIONAL UNION OF OPERATING ENGINEERS AFL-CIO

FOR THE PUBLIC SAFETY EMPLOYEES

REGARDING PAY FOR ALTERNATIVE WORK SCHEDULES
This Agreement is a Side Letter to the Memorandum of Understanding between the City of Corning and the Operating Engineers Union Local No. 3 of the International Union of Operating Engineers AFL-CIO for the Public Safety Officers (“Union”) effective from February 1, 2026 through January 31, 2027 (“MOU”). All other terms of the MOU will remain in full force and effect, except as modified herein.

Through this Side Letter, the parties intend to amend the following:

SECTION 1. ARTICLE 12, “WORKDAY AND WORKWEEK.” Section 12.2 will be amended as follows:

12.2. The Chief of Police may designate an alternate work schedule for employees on special assignment or training with a regular schedule of eighty (80) hours per work period. For employees on an alternate work schedule, all time worked in excess of the “regular workday” either over 8 hours or over 10 hours, depending on the schedule, or over eighty (80) hours per two week pay period shall be considered overtime. Overtime shall be compensated at the rate of time and onehalf the Employee's regular pay rate, which will be paid in the same manner as other wages.

SECTION 2. ARTICLE 12, “WORKDAY AND WORKWEEK.” Sections 12.4 and 12.5 will be added as follows:

12.4 Employees with an assignment other than Patrol are required to work a minimum of 12-hours per work day, or 8 hour or 10 hours if assigned to an alternate work schedule, for a combined minimum total of 80 hours per pay period. If any employee does not work the full 12 hour, 10 hour, or 8 hour shift, then they must use approved time off to meet the full workday requirement.

Once the full workday requirement is met, hours worked beyond the regularly scheduled hours in the workday, or beyond 80 hours shall be compensated at the rate of time and one-half.

12.5 Employees assigned to and working Major Crimes Task Force shifts are required to work a minimum of 10 hours per workday for a combined minimum total of 80 hours per pay period, regardless of start of end time. Once the full workday requirement is met, hours worked beyond the 10 hours in the workday shall be considered overtime. Overtime shall be compensated at the rate of time and one-half the Employee’s regular pay rate, which will be paid in the same manner as other wages. Employees assigned to and working Major Crimes Task Force shifts are excluded from Section 12.2 and 12.3.

All other provisions of the Memorandum of Understanding between the City of Corning and the Operating Engineers Union Local No. 3 of the International Union of Operating Engineers AFLCIO for the Public Safety Officers shall remain in full force and effect unless specifically modified or amended.

The parties hereto have caused this Side Letter Agreement to be executed this 14th day of July, 2026.

CITY OF CORNING
__________________________
Brant Mesker, City Manager
OPERATING ENGINEERS UNION LOCAL NO. 3 OF THE

INTERNATIONAL UNION OF OPERATING ENGINEERS AFL-CIO

FOR THE PUBLIC SAFETY EMPLOYEES
_______________________________
Danette Ross, Union Representative
__________________________________________
James Morales, Operating Engineers Local No. 3
ITEM NO: J-9

APPROVE AGREEMENT WITH
SOPHIA R. MEYER LAW, P.C. AS

SPECIAL COUNSEL FOR LABOR

NEGOTIATIONS
JULY 14, 2026
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: BRANT MESKER, CITY MANAGER
SUMMARY:

The current Memorandum of Understanding (MOU) between the City of Corning and the four employee bargaining units (Dispatchers, Management, Miscellaneous, Public Safety) will expire at the beginning of the 2027 calendar year.

In the interest of completing negotiations timely, the request to contact and utilize Sophia r. Meyer of Sophia R. Meyer Law, P.C. to represent the City as special counsel and perform all duties as assigned in regard to Labor Negotiations for successor MOUs for the Public Safety, Management, Miscellaneous and Dispatchers Unions on behalf of the City.

RECOMMENDATION:

MAYOR AND CITY COUNCIL APPROVE AGREEMENT WITH SOPHIA R. MEYER, P.C.

TO REPRESENT THE CITY AS SPECIAL COUNSEL AND PERFORM ALL DUTIES AS

ASSIGNED IN REGARD TO LABOR NEGOTIATIONS FOR SUCCESSOR MOUS FOR THE

PUBLIC SAFETY, MANAGEMENT, MISCELLANEOUS AND DISPATCHERS UNIONS ON BEHALF OF THE CITY AND AUTHORIZE THE CITY MANAGER TO SIGN THE CONTRACT. 1 LEGAL SERVICES AGREEMENT BETWEEN
CITY OF CORNING AND SOPHIA R. MEYER LAW, P.C.

THIS AGREEMENT for legal services is entered into by and between City of Corning, [a political subdivision of the State of California] (“City”), and Sophia R. Meyer Law, P.C. (“Law Firm”), effective July 14, 2026 (“the Effective Date”).

SECTION 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Law Firm shall provide to CITY the services described in the Scope of Work attached hereto and incorporated herein as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Terms of Services. The term of this Agreement shall begin on the Effective Date and shall end upon the completion of the scope of work to the satisfaction of the CITY. Law Firm shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated, as provided for in Section 7. The time provided to Law Firm to complete the services required by the Agreement shall not affect the CITY right to terminate the Agreement, as provided for in Section 7.1.

1.2 Standard of Performance Law Firm shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Law Firm is engaged in the State of California. Law Firm shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Law Firm’s profession.

1.3 Assignment of Personnel. Law Firm shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Law Firm shall, immediately upon receiving notice from CITY of such desire of CITY, reassign any such persons. Sophia R. Meyer is assigned as the primary contact and she will be assisted by Cashel C. White. Law Firm shall not change the primary contact or primary service provider without CITY’s written consent.

1.4 Time. Law Firm shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Law Firm’s obligations hereunder.

SECTION 2. COMPENSATION. CITY hereby agrees to pay Law Firm a sum not to exceed the amounts described in Exhibit B, notwithstanding any contrary indications that may be contained in Law Firm’s proposal, for services to be performed and reimbursable costs incurred under this agreement. In the event of a conflict between this Agreement and Law Firm’s proposal 2 regarding the amount of compensation, the Agreement shall prevail. CITY shall pay Law Firm for services rendered pursuant to this Agreement at the time and in the manner set forth herein.

The payments specified below shall be the only payments from CITY to Law Firm for services rendered pursuant to this Agreement. Law Firm shall submit all invoices to CITY in the manner specified herein. Except as specifically authorized by CITY, Law Firm shall not bill CITY for duplicate services performed by more than one person.

Law Firm and CITY acknowledge and agree that compensation paid by the CITY to Law Firm under this Agreement is based upon Law Firm’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Law Firm. Consequently, the parties further agree that compensation hereunder is intended to include the cost of contributions to any pensions and/or annuities to which the Law Firm and its employees, agents, and subcontractors may be eligible. CITY therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Law Firm shall submit invoices, not more often than 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. Invoices shall contain the following information:
• The beginning and ending dates of the billing period; • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
• For each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; and
• The total number of hours of work performed under the Agreement by each person employed by Law Firm.

2.2 Monthly Payment. CITY shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. CITY shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Law Firm.

2.3 Total Payment. CITY shall pay for the services to be rendered by Law Firm pursuant to this Agreement. CITY shall not pay any additional sum for any expense or cost whatsoever incurred by Law Firm in rendering services pursuant to this Agreement. CITY shall make no payment for any extra, further, or additional services pursuant to this agreement.

In no event shall Law Firm submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the 3 Agreement is modified prior to the submission of such invoice by a properly executed change order or amendment approved by the CITY.

2.4 Fees. Fees for work performed by Law Firm on an hourly basis shall not exceed the amounts shown on the Compensation Schedule attached hereto and incorporated herein as Exhibit B.

2.5 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and expenses not listed in Exhibit B are not chargeable to the CITY.

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

2.7 Payment upon Termination. In the event that the CITY or Law Firm terminates this Agreement pursuant to Section 7 of this Agreement, the CITY shall compensate the Law Firm for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Law Firm shall maintain adequate logs and timesheets in order to verify costs incurred to that date.

2.8 Authorization to Perform Services. Except as expressly provided in the Agreement, Law Firm is not authorized to perform any services or incur any costs whatsoever without receipt of authorization from the CITY’s Manager or her designee.

SECTION 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Law Firm shall, at its sole cost and expense, provide facilities and equipment that may be necessary to perform the services required by this Agreement. CITY shall make available to Law Firm only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

CITY shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Law Firm’s use while consulting with CITY employees and reviewing records and the information in possession of the CITY. The location, quantity and time of furnishings those facilities shall be in the sole discretion of the CITY. In no event shall the CITY be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long distance telephone or other communication charges, vehicles, and reproduction of facilities.

SECTION 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Law Firm, at its own cost and expense, shall procure and maintain professional malpractice insurance in the amount of not less than $2 million per occurrence throughout the term of this Agreement. Law Firm shall provide proof satisfactory to CITY of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the CITY, and that such insurance is in effect prior to commencing work under this Agreement. Law Firm shall maintain the insurance policy required by this section throughout the 4 term of this Agreement. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.

4.1 Variation. Law Firm may request the CITY to approve a variation in the insurance requirements, upon a determination that the coverage, scope, limit, and form of such insurance is either not commercially available, or that the CITY’s interests are otherwise fully protected.

CITY may grant or deny any such request in its sole discretion.

4.2 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Law Firm shall provide written notice to CITY at Law Firm’s earliest possible opportunity and in no case later than five says after Law Firm is notified of the change in coverage.

4.3 Remedies. In addition to any other remedies CITY may have if Law Firm fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies CITY may have and are not the exclusive remedy for Law Firm’s breach:

4.3.1 Order Law Firm to stop work under this Agreement or withhold any payment that becomes due to Law Firm hereunder, or both stop work and withhold any payment, until Law Firm demonstrates compliance with the requirements hereof; and/or

4.3.2 Terminate this Agreement.

SECTION 5. STATUS OF LAW FIRM.

5.1 Independent Contractor. At all times during the term of this Agreement, Law Firm shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control Law Firm insofar as the results of Law Firm’s services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise CITY shall not have the right to control the means by which Law Firm accomplishes services rendered pursuant to this Agreement. Notwithstanding any other CITY, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Law Firm and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of CITY and entitlement to any contribution to be paid by CITY of employer contributions and/or employee contributions for PERS benefits.

5.2 Law Firm, Not Agent. Except as CITY may specify in writing or as provided by law, Law Firm shall have no authority, express or implied, to act on behalf of CITY in any 5 capacity whatsoever as an agent. Law Firm shall have no authority, express or implied, pursuant to this Agreement to bind CITY to any obligation whatsoever.

5.3 California Tort Claims Act. Notwithstanding the foregoing provisions, should Law Firm or any of its attorneys, professionals, or staff be named as parties to any civil action or administrative proceedings brought by any third party, based on advice Law Firm or such individuals have given to CITY or actions they have taken on behalf of the CITY, the CITY shall defend and indemnify Law Firm and such individuals in the same manner in which it must defend CITY Employees pursuant to the California Tort Claims Act, California Government Code section 810 et seq. However, the CITY shall have no duty to defend or indemnify Law Firm or any of its attorneys, professionals, or staff if the advice given or actions taken did not occur within the course and scope of their duties under this Agreement, or if such advice given or actions taken were inconsistent with the Rules of Professional Conduct or constituted malpractice.

SECTION 6. LEGAL REQUIREMENTS

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

6.2 Compliance with Applicable Law. Law Firm and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

6.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Law Firm and any subcontractors shall comply with all applicable rules and regulations to which CITY is bound by the terms of such fiscal assistance program.

6.4 Licenses and Permits. Law Firm represents and warrants to CITY that Law Firm 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.

Law Firm represents and warrants to CITY that Law Firm and its employees, agents, any subcontractors shall at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Law Firm and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from CITY.

6.5 Nondiscrimination and Equal Opportunity. Law Firm 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 Law Firm under this Agreement. Law Firm shall comply with all applicable federal, state, and local laws, policies, rules, and 6 requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement.

SECTION 7. TERMINATION AND MODIFICATION.

7.1 Termination. CITY may cancel this Agreement at any time and without cause upon written notification to Law Firm.

Law Firm may cancel this Agreement upon thirty (30) days written notice to CITY and shall include in such notice the reasons for cancellation.

In the event of termination, Law Firm shall be entitled to compensation for services performed to the effective date of termination; CITY, however, may condition payment of such compensation upon Law Firm delivering to CITY any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Law Firm or prepared by or for Law Firm or the CITY in connection with this Agreement.

7.2 Amendments. The parties may amend this Agreement only in writing and signed by all parties.

7.3 Assignment and Subcontracting. CITY and Law Firm shall recognize and agree that this Agreement contemplates personal performance by Law Firm and is based upon a determination of Law Firm’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to CITY for entering into this Agreement was and is the professional reputation and competence of Law Firm. Law Firm may not assign the Agreement or any interest therein without the prior written approval of the Contract Administrator. Law Firm shall not subcontract any portion of the performance contemplated and provided herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

7.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between CITY and Law Firm shall survive the termination of this Agreement.

7.5 Options Upon Breach by Law Firm. If Law Firm materially breaches any of the terms of this Agreement, CITY’s remedies shall include, but not be limited to the following:

7.5.1 Immediately terminate the Agreement;

7.5.2 Retain the plans, specifications, memoranda, correspondence, and any other work product prepared by Law Firm pursuant to this Agreement; or 7 7.5.3 Retain a different Law Firm to complete the work described in Exhibit A not finished by Law Firm.

SECTION 8. KEEPING AND STATUS OF RECORDS.

8.1 Records Created as Part of Law Firm’s Performance. All reports, data, maps, models, charts, studies, photographs, memoranda, plans, specifications, records, files or any other documents or materials, in electronic or any other form, that Law Firm prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. Law Firm hereby agrees to deliver those documents to the CITY upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the CITY and are not necessarily suitable for any further or other use.

8.2 Law Firm’s Books and Records. Law Firm shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other 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 Law Firm to this Agreement.

8.3 Inspection and Audit of Records. Any records or documents that Section 8.2 of this Agreement requires Law Firm to maintain shall be made available for inspection, audit, and/or copying at any time during business hours, upon oral or written request of the CITY.

SECTION 9. MISCELLANEOUS PROVISIONS.

9.1 Attorney’s 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 relied to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

9.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the Superior Court for the Shasta County.

9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjusted shall remain in full force and effect. The individuality in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provisions of this Agreement.
8 9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

9.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

9.6 Conflict of Interest. Law Firm may serve other clients, but none whose activities within the corporate limits of CITY or whose business, regardless of location, would place Law Firm in a “conflict of interest,” as that term is defined in the rules of professional responsibility governing Law Firm’s professionalism, unless such conflict may be waived by CITY and CITY chooses to waive such conflict in writing.

Law Firm shall not employ any CITY official in the work performed to this Agreement.

No officer or employee of CITY shall have any financial interest in this Agreement that would violate California Government Code Sections 1090, et seq.

Law Firm hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the CITY. If Law Firm was an employee, agent, appointee, or official of the CITY in the previous twelve months, Law Firm warrants that it did not participate in any manner in the forming of this Agreement. Law Firm understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Law Firm will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Law Firm will be required to reimburse the CITY for any sums paid to the Law Firm. Law Firm understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

9.8 Solicitation. Law Firm agrees not to solicit business at any meeting, focus group, or interview related to this Agreement either orally or through any written materials.

9.9 Notices.

Any written notices to Law Firm shall be sent to:

Sophia R. Meyer Law, P.C.

Attn: Sophia R. Meyer
1134 Pine Street,
Redding, CA 96001

Any written notices to CITY shall be sent to:

City Manager
Attn: Brant Mesker
9 794 Third Street
Corning, CA 96021

9.10 Integration. This Agreement, including the attachments, represents the entire and integrated agreement between CITY and Law Firm and supersedes all prior negotiations representations, or agreements, either written or oral.

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

9.12 Authorized Signature. Each person and party signing this Agreement warrants that he/she has the authority to execute this Agreement on behalf of the principal and that the party will be bound by such signature.

The parties have executed this Agreement as of the Effective Date.

CITY LAW FIRM
City of Corning, Sophia R. Meyer Law, P.C.

A political subdivision of the state of California
By: __________________________ By: __________________________ Brant Mesker, City Manager Sophia R. Meyer, Owner
10 EXHIBIT A
Scope of Work
The following services shall be provided under this Agreement:
• Represent the CITY as special counsel and perform all duties as assigned regarding Labor Negotiations for successor MOUs for the Public Safety, Management, Miscellaneous and Dispatchers Unions on behalf of the CITY. 11 Exhibit B

COMPENSATION
CITY shall compensate Law Firm as follows:

Other Services
Attorney Rate $200.00/hour
Paralegal $ 85.00/hour
Costs and Expenses
Travel expenses Best available rate for
overnight stays and IRS rate
for travel.

Necessary costs incurred for the following:
• Court filing fees
• Attorney services (includes services of process fees, arbitrators, and mediators) • Messenger services
• Westlaw research outside of our prepaid service fee
• Fed-ex, OnTrac Overnight, o other one-day delivery services • Reasonable travel expenses and parking fees for court appearances, dispositions, arbitrations, mediations, and other necessary appointments • Actual costs for large reproduction projects if performed by an outside service, or $0.10 per page if performed in-house
• Any other expenses not listed above that becomes necessary for the successful resolution of a particular matter, upon approval of the City Council.

ITEM NO.: J-10

APPROVE THIRD AMENDED EMPLOYMENT

AGREEMENT FOR CITY MANAGER

BETWEEN CITY OF CORNING AND

BRANT MESKER
July 14, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: COLLIN BOGENER, CITY ATTORNEY

BACKGROUND
On October 1, 2023, the City of Corning City Council hired Brant Mesker as the City Manager pursuant to an employment agreement with a three-year term. That employment contract has an end date of September 30, 2026. After discussing the matter in closed session, the City Council would like to amend the employment agreement with the terms discussed below, and Mr. Mesker has approved the amendments.

The Third Amended Employment Contract would change the term of the agreement from 3 years to 5 years. In effect, the amended agreement would begin on July 14, 2026, and end on July 13, 2031. It also extends the non-renewal notice date from 90 days to 180 days. Based on this revision, the City Council would need to inform Mr. Mesker at least 180 days prior to the July 13, 2031, date of their intent not to renew the agreement.

Additionally, the amended contract bars the City Council from terminating Mr. Mesker within 180 days of a change in the majority of the council. This time period will start when the new council is seated. This will enable a new council to avoid any politically motivated termination, and instead, allow a review of Mesker’s performance on the merits.

Moreover, the amended contract will provide Mr. Mesker with a 10% salary increase. This determination was twofold. First, the City Council is pleased with Mr. Mesker’s performance and wishes to reward that with further compensation. Second, a review of the salaries of City Managers of cities with populations under 15,000, from Mt. Shasta down to Williams, shows that Mr. Mesker is the lowest compensated manager on that list. Even with the 10% increase, he will still remain at the bottom of that list.

In conjunction with the salary increase, the City Council will also amend the salary schedule for the City Manager position as set forth below.

Step A Step B Step C Step D Step E
$170,524.64 $179,050.87 $188,003.42 $197,403.59 $207,273.77 The initial increase will be the 10% increase from Mr. Mesker’s current $155,022 salary. The subsequent increases are 5% increases of the previous steps. These increases are not automatic.

Rather, they will be provided if the City Manager meets the goals and objectives of the City Council following an annual performance evaluation.

Last, the amended agreement permits Mr. Mesker to transfer up to 100 hours of accrued leave to his deferred compensation 457 account. As a result, the compensation will go to his retirement account rather than sit on the books and require a future pay out.

RECOMMENDATION:

MAYOR AND COUNCIL:
• BY MOTION, APPROVE THE THIRD AMENDED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF CORNING AND BRANT MESKER; AND
• APPROVE THE AMENDED SALARY SCHEDULE FOR THE CITY MANAGER

ATTACHMENTS
Exhibit “A” is the Employment Agreement
Exhibit “B” is the Amended Salary Schedule for the City Manager Exhibit “A”- Employment Agreement

THIRD AMENDED EMPLOYMENT AGREEMENT
This Third Amended Employment Agreement (“Agreement”) is made and entered into on July 14, 2026, by and between the City of Corning (the "City"), and Brant Mesker (“Mesker”). The abovenamed parties hereby mutually agree and promise as follows:

Section 1: Duties

1.1 City hereby employs Mesker as City Manager of the City to perform the functions and duties specified in Chapter 2.44.060 of the City’s Municipal Code and to perform other legally permissible and proper duties and functions as the City Council from time-to-time assigns, consistent with the City’s Municipal Code and other applicable law.

Section 2: Term of Agreement – Renewal and Termination

2.1 Term: The City hereby employs Mesker as City Manager for a term of five (5) years, commencing on July 14, 2026, and continuing through July 13, 2031, subject to renewal and termination as provided in sections 2.2 and 3 below (“the term”).

2.2 Renewal: At least 180 days prior to the expiration of the term of the Agreement, either party can provide the other with 180 days advance written notice of non-renewal of the Agreement. This written notice need not specify a reason for non-renewal. In the event either party desires not to renew the Agreement, no reason need be provided. In the event written notice is not given by either party to this Agreement to the other no later than 180 days prior to the termination date (and provided neither party has exercised the right to terminate as provided under Section 3), this Agreement shall be automatically renewed on the same terms and conditions for an additional period of one (1) year. Said Agreement shall continue thereafter for successive one-year periods unless either party gives no less than 90 days advance written notice of non-renewal to the other party.

2.3 At-Will Resignation. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Mesker to resign from his position with City.

2.4 At-Will Termination. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Council to terminate the services of Mesker at any time, subject only to the provisions set forth in Section 3 of this Agreement.

Section 3: Termination and Severance Pay

3.1 Termination by the City.

3.1.1 At-Will / Without Cause. If Mesker is terminated by the Council before expiration of the term of employment and if Mesker is willing and able to perform his duties under this Agreement, then the City will pay Mesker a lump-sum cash payment equal to six months aggregate salary (provided at least six months are remaining in the term of employment). If less than six months are remaining in the term of employment, then the City will pay Mesker a lump-sum cash payment equal to the number of months remaining in the term. The City will also pay to continue Mesker’s health benefits for the number of months paid in severance – either by continuing Mesker’s coverage on the City’s health plans under the same terms and conditions as if Mesker were actively at work (i.e., subject to any contributions Mesker is required to make for his own or his eligible dependents’ coverage) or by paying for COBRA coverage for him and his eligible dependents. In the event this Agreement is terminated under this provision, Mesker shall also be compensated for all earned but unused vacation, holidays, compensatory time (if any), and other accrued benefits to date. In no event will Mesker be paid any severance benefits that exceed those allowed by statute. In order to receive any and all of these severance benefits, Mesker is required to execute a general waiver and release of all claims against the City arising out of his employment relationship.

Notwithstanding the foregoing, the City shall not terminate Mesker within 180 days following a change in the majority of the members of the City Council. This time frame will begin when the new council members are seated, not when they are elected. The intent of this provision is to avoid any politically motivated termination, and instead, allow a review of Mesker’s performance on the merits.

3.1.2 Termination for Cause. Notwithstanding the foregoing language, this Agreement may be terminated by City due to Mesker’s willful misconduct, which the parties agree includes fraud, misuse or misappropriation of the City's assets, embezzlement, and/or any acts of dishonesty or moral turpitude. If the City terminates Mesker for willful misconduct, no severance pay shall be due or owing. Upon termination, Mesker will be paid wages earned to date, including vacation, holidays, and compensatory time (if any).

3.1.3 Process for Termination. If the City terminates this Agreement (whether with or without cause), the City will do so in accordance with the process set forth in the City’s Municipal Code and the California Government Code. Mesker will be provided with a written notice stating the Council’s intention to remove him and the reason therefore with the opportunity to be heard on the reason provided.

3.1.4 Statutory Obligations; Abuse of Office or Position. Pursuant to Government Code Section 53243 which became effective on January 2, 2012, if Employee is convicted of a crime involving an abuse of his/her office or position, all of the following shall apply:
(1) if Employee is provided with administrative leave pay pending an investigation, Employee shall be required to fully reimburse such amounts paid; (2) if the City pays for the criminal legal defense of Employee (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), Employee shall be required to fully reimburse such amounts paid; and (3) if this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City. For purposes of this section, “abuse of office 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 crime described in Title 7 commencing with section 92 of the Penal Code.

3.2 Termination by Mesker – Resignation. Mesker can terminate this Agreement at any time for any reason. Mesker is required to provide the City with sixty (60) days’ advance written notice of termination of the Agreement unless the parties agree otherwise.

Section 4: Compensation

4.1 Salary: Mesker’s salary shall be $170,517.00 gross per year, which is equivalent to $11,274.83 gross per month, subject to all appropriate deductions and withholdings and payable in bi-weekly installments at the same time and by the same methods as other City employees are regularly paid. The step schedule for the City Manager, amended and adopted on the same date as this Second Amendment will be as follows:

Step A Step B Step C Step D Step E
$170,524.64 $179,050.87 $188,003.42 $197,403.59 $207,273.77 Mesker’s salary will be increased one step each year following his annual performance evaluation, if he meets the goals and performance objectives set forth in section 5.1 below.

Section 5: Performance Evaluation

5.1 On an annual basis, or more frequently if requested by the Council or Mesker, the Council shall (with Mesker’s input) define goals and performance objectives deemed necessary for the proper operation of the City. The Council shall review and evaluate the performance of Mesker at least once annually in written form. The content of the review and the criteria used shall be at the sole discretion of the Council, provided that Mesker can request that the Council provide input on certain areas or aspects of his performance. The Council shall provide an adequate opportunity for Mesker to discuss his evaluation with the Council.

Section 6: Vacation and Sick Leave

6.1 Mesker shall be entitled to 75 hours of management leave on the effective date of this agreement and thereafter, Mesker shall accrue vacation, management leave, and sick leave at the same rate as other management employees of the city. The City providing the 75-hours of management leave on the effective date of this Agreement is a one-time occurrence and will not repeat in subsequent years. Accrual, use, and pay-out of these leaves are subject to the same terms and conditions as provided in the City's Personnel Rules and Regulations for other management employees.

Mesker may transfer up to 100 hours of accrued vacation and/or management leave to his deferred compensation 457 account per year.

Section 7: Disability, Health, and Life Insurance

7.1 City agrees to provide medical, vision, life, disability, and dental insurance for Mesker and his eligible dependents and to pay a portion of the premiums thereon equal to that which is provided to all other management employees of City.

Section 8: Retirement

8.1 Mesker shall participate in the Public Employees Retirement System (PERS) and Social Security Retirement systems on the same terms and conditions as all other City employees.

Section 9: Dues and Subscriptions

9.1 Subject to the Council’s discretion to adopt and amend the budget, the City agrees to pay for professional dues and subscriptions necessary for Mesker’s full participation in national, regional, state, and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the City.

Section 10: Professional Development

10.1 Subject to the Council’s discretion to adopt and amend the budget, the City agrees to pay for travel and subsistence expenses related to professional and official travel, meetings, and occasions adequate to continue the professional development of Mesker and to adequately pursue necessary official functions for the City, including but not limited to the ICMA Annual Conference, League of California Cities periodic and annual conferences, and such other national, regional, state, and local governmental groups and committees thereof which Mesker serves as a member. City also agrees to budget for and to pay for travel and subsistence expenses of Mesker for short courses, institutes, and seminars that are necessary for his professional development and for the good of the City.

Section 11: General Expenses

11.1 Mesker shall receive a monthly cell phone/technology allowance on the same terms and conditions as all other City management employees. Mesker will receive motor vehicle reimbursement for use of his personal vehicle at the applicable IRS rate. In the event Mesker incurs other City-related expenses in the course of performing his duties, he can submit requests for reimbursement (provided he submits accompanying receipts or statements).

Section 12: Civic Club Membership

12.1 City recognizes the desirability of representation in and before local civic and other organizations, and Mesker is authorized to become a member of such civic clubs or organizations.

During the term of this Agreement, City, at its sole discretion, may elect to pay some or all of Mesker civic club membership expenses. City Council approval must be obtained before any membership expenses are paid or reimbursed.

Section 13: Indemnification

13.1 City shall defend, hold harmless, and indemnify Mesker against any claim, demand, or other legal action as required by applicable law.

Section 14: Other Terms and Conditions of Employment

14.1 Pursuant to the authority provided in Section 2.44 of the Municipal Code, the Council shall not require Mesker to become or remain a resident of the City. However, the City expects Mesker to become and remain active in community events and activities and to travel to the City immediately in the event of an emergency requiring City Manager attention.

Section 15: Notices

15.1 Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:
(1) CITY: Mayor, City of Corning, 794 Third Street, Corning, California 96021 (2) MESKER: Brant Mesker, at the permanent address on record with the City of Corning.

Alternatively, notices required pursuant to this agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service.

Section 16: General Provisions

16.1 The text herein shall constitute the entire Agreement between the parties. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Mesker. This Agreement shall become effective commencing September 26, 2023. If any provision, or portion thereof, contained in this Agreement is held unconstitutional, invalid, or otherwise unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

Section 17: Amendment

17.1 Any amendment of this Agreement must be in writing and signed by both parties.

IN WITNESS WHEREOF, the City Council of the City of Corning has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Council Clerk, and Mesker has signed and executed this Agreement, both in duplicate, the day and year first above written.

SIGNATURES ON FOLLOWING PAGE
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Robert Snow,
Mayor
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Brant Mesker,
Employee
ATTEST:
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Rubi Ordaz,
City Clerk
APPROVED AS TO FORM:
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Collin Bogener,
City Attorney
Exhibit “B” Amended Salary Schedule for the City Manager Step A Step B Step C Step D Step E
$170,524.64 $179,050.87 $188,003.42 $197,403.59 $207,273.77

Corning City CouncilJuly 14, 2026

Corning City Council
July 14, 2026